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Green Paper on International Migration in South Africa: for Public Comments 40088 Home Affairs Department: Home Affairs REPUBLIC of SOUTH AFRICA

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Green Paper on International Migration in South Africa: for Public Comments 40088 Home Affairs Department: Home Affairs REPUBLIC of SOUTH AFRICA STAATSKOERANT, 24 JUNIE 2016 No. 40088 15 GOVERNMENT NOTICES • GOEWERMENTSKENNISGEWINGS Home Affairs, Department of/ Binnelandse Sake, Departement van DEPARTMENT OF HOME AFFAIRS NO. 738 24 JUNE 2016 738 Constitution of the Republic of South Africa (108/1996): Green Paper on International Migration in South Africa: For public comments 40088 home affairs Department: Home Affairs REPUBLIC OF SOUTH AFRICA 24 JUNE 2016 GREEN PAPER ON THE INTERNATIONALMIGRATION 1, MKN Gigaba, Minister of Home Affairs, intend in terms of section 85 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996) to publish the Green Paper on International Migration for public comments. Interested persons and organisations are invited to submit any substantiated comments or representations by no later than 30 September 2016. Written submissions can be sent to the following address: The Director General: Department of Home Affairs, Private bag x114, Pretoria, 0001 For attention: Mr Sihle Mthiyane, Director: Policy Development Email: greenpaper(adha.gov.za Tel: 012 406 4353 Minister of Home Affairs This gazette is also available free online at www.gpwonline.co.za 16 No. 40088 GOVERNMENT GAZETTE, 24 JUNE 2016 lik-14,home affairs "x Department: Home Affairs REPUBLIC OF SOUTH AFRICA GREEN PAPER ON INTERNATIONAL GREENMIGRATION PAPER ONIN SOUTH INTERNATIONAL AFRICA MIGRATION IN SOUTH AFRICA 21 JUNE 2016 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 © Departmentcopyright. 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. 1 1 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 24 JUNIE 2016 No. 40088 17 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 ......................... 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 ............................................................. 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 2 This gazette is also available free online at www.gpwonline.co.za 18 No. 40088 GOVERNMENT GAZETTE, 24 JUNE 2016 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: 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 3 This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 24 JUNIE 2016 No. 40088 19 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 4 This gazette is also available free online at www.gpwonline.co.za 20 No. 40088 GOVERNMENT GAZETTE, 24 JUNE 2016 DEFINITION OF COMMON INTERNATIONAL MIGRATION TERMS a) Asylum seeker: refers to a person who seeks safety from persecution or serious harm in a country other than his or her own and awaits a decision on the application for refugee status. b) Border management: commonly defined as the government functions of immigration, customs and excise, and policing, with the aim of controlling and regulating the flow of people and goods across a country’s border in the national interest (particularly economic development, security and peace). c) Critical skills list: refers to a legislated list of scarce skills that are in demand for growing the economy. d) Economic migrant: refers to foreign nationals who migrate for economic reasons such as seeking employment or to conduct business. e) Emigration: refers to the act of departing or exiting from one’s country (country of origin or of habitual residence) with a view to settling in another (host country). f) Family reunion / family reunification migrants: refers to people sharing family ties joining people who have already entered an immigration country under one of the above mentioned categories. g) Forced migration: in a broader sense, this includes not only refugees and asylum seekers but also people forced to move due to external factors, such as environmental
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