ICMA 2014_Panel 3_Roni Amit

www.migration.org.za

Expanding ‘Illegality’ in Policy & Practice

The Limits of South Africa’s Migration Management Regime

International Conference on Migration in AfricaIrregular Migration 3 December 2014


The Duality of Illegality

Securitisation Increased illegality

1.Who is illegal? Expanding categories of illegal migrants

2. What is illegal? Range of government actions falling outside of the legal framework in migration

management


Background

• Few migrants from Africa during Apartheid• No refugee legislation, apartheid-era

immigration legislation• Introduction of rights-based Constitution and

legislation: 1998 Refugees Act, 2002 Immigration Act

• Gap between public sentiment/policy interests and legal framework as migration numbers grew

• Situation of migrants only loosely determined by law – role of bureaucratic autonomy


Bureaucratic Autonomy

• Pace of immigration outstrips institutional capacity

• Anti-migrant sentiment• Relatively weak civil society• Dominance of ANC’s National Executive

Committee• Weakening of judiciary


Migration Policy and the Securitisation of Migration

• Securitisation = border control, entry restrictions, detention and deportation

• Reframing of migration as solely a security issue– development and humanitarian goals drop out

• Linking of migration and crime• Asylum as a security issue



An irregular migrant population of 2.5 to 5 million is having a dire effect on “housing, health services, education, crime, drugs, transmittable diseases” and undermining the welfare of the country.”

– Former Home Affairs Minister DG Buthelezi (1997)



“A combination of large numbers of asylum seekers, gaps in the law, weak systems and corruption has led to widespread abuse of an overloaded system by criminal syndicates who smuggle and traffic people from as far as the Horn of Africa and Asia. This has led to widespread corruption and social and security problems.”

– ANC Policy Document (2012)


Policy in Practice • Detention a legal black hole

– No access to legal rights– No legal identify in detention– Presumption of illegality

• Asylum seeker as illegal foreigner– Asylum application does not negate illegal

foreigner status – Illegal entry = illegal foreigner even if stated

intention to apply for asylum – Administrative transition from asylum seeker

to illegal foreigner w/o status determination


Legal Changes Driven by Securitisation

• Immigration Act Amendments– Increased barriers to skilled migration– Framed in terms of security and crime concerns

• Proposed changes to Asylum Application Form – Questions about employment, skills, financial security– Aimed at identifying more desirable types of migrants– Merging of immigration and asylum regimes


Myths Informing Migration Policy

Myth #1 SA being overwhelmed with migrantsReality: 1.6 million foreigners, or 3.3 % of population (2011 census)

Myth #2SA shouldering higher burden than other African countries Reality: hosts relatively lower number of refugees



Myth #3 Links between foreigners and crime Reality: No evidence of: high crime rates by foreigners, crime syndicates, trafficking

Myth #4Increased deportation and border security deters migration Reality: no deterrent effect, fosters crime/corruption



Myth #5 Immigration Act too permissive Reality: Denies avenues for legal entry, contributing to undocumented migrants

Myth #6Migrants are a net economic drainReality: self-sufficient, contribute to the economy



Myth #795% of asylum seekers are economic migrants Reality: mixed migration motives; 50% have only economic motives

Lack of alternative regularisation options pushes economic migrants into the asylum system – points to need for better migration management regime


Effects of Securitising Migration Mgmt

• Does little to reduce migration while increasing undocumented migrants– Economic conditions drive migration

• Negative effect on wages and employment conditions

• Fosters criminality and corruption – Targeted by authorities for extortion – Diverts resources from crime fighting– Creates opportunities for criminality at the border


ConclusionFeatures of SA Immigration Policy

• Largely reactive• No specific goals outside of exclusion • Not evidence-based• Increasingly takes place outside of the legal

framework, under security justification• Legal framework removed from daily reality of

migrants • Motivated almost entirely by keeping out

perceived illegal foreigners• Not achieving country’s goals


Expanding ‘Illegality’ in Policy & Practice

The Limits of South Africa’s Migration Management Regime

International Conference on Migration in AfricaIrregular Migration 3 December 2014

ICMA 2014_Panel 3_Roni Amit

Government & Nonprofit

Transcript of ICMA 2014_Panel 3_Roni Amit