MIXED MIGRATION IN SOUTHERN AFRICA 12 February 2013 Presentation to the Portfolio Committee

1. MIXED MIGRATION IN SOUTHERN AFRICA 12 February 2013 Presentation to the Portfolio Committee Of the Parliament of South Africa UNHCR, Pretoria

2. Mixed Migration in Southern Africa • Mixed Migration is a high priority: • for governments in the Region; • for the relevant agencies of the United Nations; • and for the peace, development and stability of the region.

3. Mixed Migration in Southern Africa • There are common concerns in the region: • Increased mixed migratory flows. • Concerns relating to human trafficking, smuggling, and government responses to national security. • Abuse of the asylum system. • Reduction of the asylum space. • Common driving forces in region. • Camps being used as rest-stops, e.g. in Mozambique, Malawi and Zimbabwe. • Economic prospects in South Africa and the developing economies of Botswana, Namibia and Mozambique. • Clogging of asylum system.

4. Mixed Migration in Southern Africa UNHCR has been advocating for governments to better manage mixed-migration in order to preserve the institution of asylum; A 10-Point Plan of Action was formulated by UNHCR and has been shared with governments. This plan outlines the issues that need to be addressed by any mixed-migration policy. These issues have also been the main focus of discussions in other Conferences held in other regions on the subject of mixed-migration, and have informed the development of Plans of Action developed by those Conferences. Research has been conducted by IOM and academia on these issues in South Africa and also Tanzania and Kenya.

5. Mixed Migration in Southern Africa Elements of the 10 Point Plan of Action: • Cooperation among key partners; • Data collection and analysis • Protection-sensitive entry systems • Reception arrangements • Mechanisms for profiling and referral • Differentiated processes and procedures • Solutions for refugees • Addressing secondary movements • Return arrangements for non-refugees and alternative migration options • Information strategy

6. Mixed Migration in Southern Africa • Asylum related issues that need to be included in an informed policy on mixed-migration: • 1. Ensuring access to asylum • Access to territory at border entry points; • Access to government structures dealing with asylum to enable lodging asylum claims; • Collection and sharing of data; • Screening of individuals to determine the legal regime under which they will be dealt with; • Reception facilities; their management; processes; • Legal assistance to asylum-seekers; • Other assistance as asylum-seekers await finalization of their asylum claims.

7. Mixed Migration in Southern Africa • Asylum related issues that need to be included in an informed policy on mixed-migration: • 2. Enjoyment of rights • Implementation of human rights standards; • Refugee rights; • Human rights oversight by human rights institutions; • Life sustaining activities for asylum-seekers and refugees.

8. Mixed Migration in Southern Africa • Asylum related issues that need to be included in an informed policy on mixed-migration: • 3. Fair and efficient refugee status determination process and provision of international protection • Effective and accurate registration of asylum-seekers and refugees; • Well trained and informed refugee status determination officials; • Thorough application of refugee law to asylum claims; • Provision of adequate appeals opportunities;

9. Mixed Migration in Southern Africa • Asylum related issues that need to be included in an informed policy on mixed-migration: • Fair and efficient refugee status determination process and provision of international protection •  Access to judiciary; • Efficient administration at refugee reception offices allowing for issuance of relevant legal documentation in a timely manner; • Provision of relevant legal documentation to both asylum-seekers and refugees; • Efficient renewal of legal documents; • Provision of travel documents as required.

10. Mixed Migration in Southern Africa • Asylum related issues that need to be included in an informed policy on mixed-migration: • 4. Application of other international and national legal instruments • Cases requiring the application of International Conventions or national legislation dealing such as the Convention against Torture, Rights of the Child, internal displacement, prevention and reduction of statelessness, etc; • Ensuring that legislation and its implementing rules and regulations are in line with international standards on the subject.

11. Mixed Migration in Southern Africa • Asylum related issues that need to be included in an informed policy on mixed-migration: • 5. Cooperation and coordination with governments • Rendering expertise to the design of policy on mixed-migration; • Assisting governments with tuning their existing legislation to incorporate relevant provisions allowing for the effective management of mixed-migration; • Assisting governments in drafting new legislation as may be required; • Assisting governments in hosting regional consultations on the subject;

12. Mixed Migration in Southern Africa • Asylum related issues that need to be included in an informed policy on mixed-migration: • 5. Cooperation and coordination with governments • Assisting governments in entering into multi-lateral agreements designed to harmonise approaches to mixed-migration in the region; • Providing training to government officials; • Assisting governments in establishing standard operating procedures (SOPs) to deal with effective management of mixed-migration.

13. Mixed Migration in Southern Africa • Asylum related issues that need to be included in an informed policy on mixed-migration: • 6. Involvement of and coordination with other international and national stakeholders • Cooperation with IOM; • Cooperation with sister UN Agencies such as UNICEF, UNFPA, UNODC, WHO, UNDP, UN Women, and others; • Cooperation with NGOs such as the Lawyers for Human Rights, CORMSA, and others; • Cooperation with civil society institutions such as universities; • Cooperation with trade union structures in the country (COSATU) and in the region (OATUU and ITUC).

14. Mixed Migration in Southern Africa • Asylum related issues that need to be included in an informed policy on mixed-migration: • 7. Monitoring • Regular monitoring of detention of asylum-seekers and refugees; • Regular monitoring of refugee status determination processes; • Regular monitoring of the access to rights on the part of refugees and migrants; • Regular monitoring of the implementation of possible solutions for refugees and others.

15. Mixed Migration in Southern Africa • Asylum related issues that need to be included in an informed policy on mixed-migration: • 8. Treatment of rejected asylum-seekers • Ensuring that all avenues of refugee status determination have been exhausted; • Immigration law to apply to finally rejected asylum-seekers; • Non-refoulement to apply to persons who, though rejected as asylum-seekers, may have concerns under other international instruments such as the Convention against torture. • Humane treatment of rejected asylum-seekers, in conformity with human rights; • Possible facilitated return of rejected asylum-seekers to their countries of origin.

16. Mixed Migration in Southern Africa • Asylum related issues that need to be included in an informed policy on mixed-migration: • Prevention and response to Xenophobia • Training to the Police on the response to on-going and emerging xenophobia • Institutionalising and enhancing the red line programme • Training and community based planning for the Community Police forums as mechanism to promote fostered social integration. • Support to the communities of peace and security to favour and consolidate positive experiences of local integration • Project and develop the image of refugees carrying out successful integration and contributing to the positive image of refugees and migrants • Support and enhance the on-going initiative to develop a legislation

17. Mixed Migration in Southern Africa • Asylum related issues that need to be included in an informed policy on mixed-migration: • 10. Durable solutions • Assist governments in finding and implementing durable solutions for refugees; • Assist governments especially in locally integrating refugees that have been long-stayers in the country; • Assist refugees that wish to return to their countries of origin to do so in safety and dignity; • Assist with resettlement of particularly vulnerable cases that have no other viable solution available to them; • Assist governments in finding solutions for rejected asylum-seekers and coordinate with relevant UN Agencies in dealing with migrants that are unable to find solutions in the receiving countries.

18. Mixed Migration in Southern Africa • Asylum related issues that need to be included in an informed policy on mixed-migration: • 11. Regional cooperation • Work closely with SADC and other regional cooperative structures; • Assist governments in designing, harmonizing and implementing measures that address their national security concerns while at the same time maintain asylum principles; • Assist SADC and other regional cooperation to harmonize legislation and policy on mixed-migration in the region. • Involvement of national, regional and global organs of judiciary or advisory institutions (National Judicial systems, Banjul Commission, international Human Rights protection institutions) in order to create jurisprudence further strengthening prevention of, and protection against, xenophobia.

19. Mixed Migration in Southern Africa • Asylum related issues that need to be included in an informed policy on mixed-migration: • 12. Public information • Assist governments to widely disseminate information relating to mixed-migration and their policies in that regard; • Conduct information seminars and training addressing a wide variety of audience such as the media, universities, and others in order to generate a better understanding among the public on issues of mixed-migration and refugee protection.