GoewermentskennisGewinGs - Minister of Home …

1 This gazette is also available free online at STAATSKOERANT, 24 JUNIE 2016 No. 1 Government notices GoewermentskennisGewinGsHome Affairs, Department of/ Binnelandse Sake, Departement vanDEPARTMENT OF HOME AFFAIRSNO. XXX 24 JUNE 2016 XXX Constitution of the Republic of South Africa (108/1996): Green Paper on International Migration in South Africa: For public commentsThis gazette is also available free online at No. GOVERNMENT GAZETTE, 24 JUNE 20161 GREEN PAPER ON INTERNATIONAL MIGRATION IN SOUTH AFRICA 21 JUNE 2016 Department of Home Affairs Copyright subsists in this work. In terms of the Copyright Act, 1978 (Act No 98 of 1978), no part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without acknowledging the copyright.

2 1 GREEN PAPER ON INTERNATIONALMIGRATION IN SOUTH AFRICA21 JUNE 2016 Department of Home AffairsCopyright subsists in this work. In terms of the Copyright Act, 1978 (Act No 98 of 1978), no part of thisdocument may be reproduced or transmitted in any form or by any means, electronic or mechanical, includingphotocopying, recording or by any information storage and retrieval system, without acknowledging the gazette is also available free online at STAATSKOERANT, 24 JUNIE 2016 No. 32 TABLE OF CONTENTS LIST OF ABBREVIATIONS .. 3 DEFINITION OF COMMON INTERNATIONAL MIGRATION TERMS .. 5 LIST OF TABLES .. 7 CHAPTER 1: OVERVIEW OF INTERNATIONAL MIGRATION IN SOUTH AFRICA.

3 8 Introduction .. 8 The limitations of the current policy and approach .. 9 Motivation for a new White Paper on international migration .. 13 Vision for a new international migration policy in SA .. 15 CHAPTER 2: EVOLUTION OF INTERNATIONAL MIGRATION POLICY IN SA .. 19 Introduction .. 19 Colonial and pre-1948 international migration policy .. 19 Apartheid international migration policy .. 20 Post-1994 international migration policy .. 21 CHAPTER 3: STATISTICAL PROFILES OF INTERNATIONAL MIGRANTS .. 26 Introduction .. 26 Visa and permitting regime .. 27 Refugee regime .. 29 Irregular migration and deportation .. 31 CHAPTER 4: POLICY AND STRATEGIC OPTIONS .. 32 Introduction .. 32 Management of admissions and departures .. 32 Management of residency and naturalisation .. 39 Management of international migrants with critical skills and capital.

4 42 Management of ties with South African expatriates .. 47 Management of international migration in the African context .. 51 Management of asylum seekers and refugees .. 63 Management of the integration process for international migrants .. 69 CHAPTER 5: CAPACITY FOR MANAGING INTERNATIONAL MIGRATION .. 73 CONCLUSION .. 77 This gazette is also available free online at No. GOVERNMENT GAZETTE, 24 JUNE 2016 3 LIST OF ABBREVIATIONS AEC: African Economic Community AMU: Arab Maghreb Union AU: African Union BMA: Border Management Authority CENSAD: Community of Sahel-Saharan States CFTA: Continental Free Trade Area COGTA- Department of Cooperative Governance and traditional Affairs COMESA: Common Market for Eastern and Southern Africa DHA: Department of Home Affairs DHET: Department of Higher Education and Training DIRCO: Department of International Relations and Cooperation DOH: Department of Health DSD: Department of Social Development DTI: Department of Trade and Industry EAC: East African Community EC: European Community ECCAS: Economic Community of Central African States ECOWAS: Economic Community of Western African States HRDCSA.

5 Human Resource Development Council of South Africa IAB: Immigration Advisory Board IGAD: Intergovernmental Authority on development IGRFA: Intergovernmental Relations Framework Act ILO: International Labour Organisation IOM: International Organisation for Migration LSA: Lesotho Special Permit NDP: National Development Plan This gazette is also available free online at STAATSKOERANT, 24 JUNIE 2016 No. 54 NEDLAC: National Economic development and Labour Council OAU: Organisation of African Unity OSBP: One-Stop Border Post POE: Ports of Entry RAB: Refugee Appeal Board ROSA: Registration of South Africans Abroad SADC: Southern African Development Community SANDF: South African National Defence Force SAPS: South African Police service SARS: South African Revenue Services SCRA: Standing Committee for Refugee Affairs TEBA: The Employment Bureau of Africa UN: United Nations UNHCR: United Nations High Commissioner for Refugees ZSP: Zimbabwe Special Permit This gazette is also available free online at No.

6 GOVERNMENT GAZETTE, 24 JUNE 20165 DEFINITION OF COMMON INTERNATIONAL MIGRATION TERMS a)Asylum seeker: refers to a person who seeks safety from persecution or serious harmin a country other than his or her own and awaits a decision on the application forrefugee )Border management: commonly defined as the government functions ofimmigration, customs and excise, and policing, with the aim of controlling andregulating the flow of people and goods across a country s border in the nationalinterest (particularly economic development, security and peace).c)Critical skills list: refers to a legislated list of scarce skills that are in demand forgrowing the )Economic migrant: refers to foreign nationals who migrate for economic reasonssuch as seeking employment or to conduct )Emigration: refers to the act of departing or exiting from one s country (country oforigin or of habitual residence) with a view to settling in another (host country).

7 F)Family reunion / family reunification migrants: refers to people sharing family tiesjoining people who have already entered an immigration country under one of theabove mentioned )Forced migration: in a broader sense, this includes not only refugees and asylumseekers but also people forced to move due to external factors, such as environmentalcatastrophes or development )International migration: refers to any movement by a person across an internationalborder, regardless of (1) the person s legal status; (2) whether the movement isvoluntary or involuntary; (3) what the causes for the movement are; or (4) what thelength of the stay is. Short-term international migration refers to at least three monthsduration of stay in the country, or away from the country of habitual residence.

8 Long-term international migration exists when the period of stay is at least one )Irregular migrants (or undocumented / illegal migrants): these are people whoenter a country, usually in search of income-generating activities, without thenecessary documents and )Migration management: this term is used to encompass numerous governmentalfunctions within a national system for the orderly and humane management of cross-border migration. It refers to a planned approach to the development of policy,legislative and administrative responses to key migration )Naturalization: refers to an act of granting of citizenship by a state to a non-nationalthrough a formal act on the application of the individual )Permanent residence permit: refers to authorisation granted to certain categories offoreign nationals by the state to reside in the country )Port of entry.

9 Refers to a place designated by the Minister in the RSA where allpersons have to report to an immigration officer before entering or leaving International Organization for Migration This gazette is also available free online at STAATSKOERANT, 24 JUNIE 2016 No. 7 6 n) Refugee: a person who, "owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinions, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country. o) Resettlement: refers to the relocation and integration of people (refugees, internally displaced persons, etc.

10 Into another geographical area and environment, usually in a third country. p) Temporary residence visa: refers to any of the visas issued to a foreign national to enter and temporarily reside in the country. These include transit, visitors, work and business visa. q) Visa exemption: refers to the act of exempting any person or category of persons from requirements of obtaining a visa. r) Xenophobia: At the international level, no universally accepted definition of xenophobia exists, although it can be described as attitudes, prejudices and behaviour that reject, exclude and often vilify persons, based on the perception that they are outsiders or foreigners to the community, society or national identity. This gazette is also available free online at No.