White Paper on International Migration: hearings

Meeting report

Congress of South African Trade Unions (COSATU)
The White Paper is to be discussed by the Labour Market Chamber of Nedlac on 31 May 2000 and a Nedlac report will be produced. Oupa Bodibe, Deputy Head of COSATU's Parliamentary Office, asked that the Nedlac report (representing the views of labour, organised business and government) then be tabled for consideration by the Portfolio Committee.

COSATU's submission made a number of recommendations. The White Paper should include guiding principles. These guidelines would be used to measure its policy recommendations. The White Paper should give expression to the RDP principle that minimum standards with regards to rights of workers must be established across the region. It must take into account sectoral policies and their impact on migration issues. Socio-economic rights need to fleshed out in relation to the Promotion of Equality Act. International conventions and treaties must form the core of the White Paper's strategic direction on migration.

Any formulations that suggest waiving minimum labour standards for migrant workers must be deleted. COSATU is strongly opposed to a two-tier labour market. They do not support the issuing of visas and permits as a delegated function of business. This function should be performed by Immigration Services and there should be more emphasis on building the capacity of Immigration Services. There should be less reliance on attracting foreign skills. A strategy should be devised for the long-term skills development of South Africans. The compulsory system of deferred pay must be revised. Bilateral agreements should be renegotiated with Nedlac and the relevant bargaining forums should be included in discussions. Foreign workers should not be required to periodically renew permits; they should not be treated as 'temporary' workers. A Charter of Rights should be developed to protect the rights of immigrants. Immigration officials should be trained in enforcement of policy and legislation and sensitivity.

Discussion
The Chair, Mr Mokoena, asked Mr Bodibe whether COSATU is not happy with the treatment of bilateral agreements in the White Paper. In response, Mr Bodibe said there are other Conventions which must be systematically expressed in the White Paper.

Mr Mokoena asked the COSATU delegation to explain what the system of deferred pay entails. Mr Neil Coleman explained that it is a compulsory system whereby a deferred portion of the migrant worker's salary is sent back to his country. This ensures that a revenue stream continues to flow into the neighbouring country. COSATU recognises that the system has some social objectives, the revenue reduces the chance of family of the migrant worker becoming a burden on the State. However, in Mozambique the National Union of Mineworkers was forced to intervene after it was found that deferred pay funds had been misused by corrupt officials. COSATU supports a voluntary process and greater administrative control.

Mr Lekgoro (ANC) asked COSATU to specify whether they wished the system to be abolished or only to be reformulated. Ms Lebogang, legal intern at COSATU, said that the question of deferred pay is complex. It was not easy to intervene in what was essentially an agreement between a foreign government and its citizens. COSATU was recommending the reformulation of the system so that the system was voluntary and administrative mechanisms were put in place. The place to address this is Nedlac. Bilateral tax agreements also need to be taken into account.

Mr Chikane (ANC) noted that in their written submission COSATU recommended that there should be less reliance on foreign skills and that the distinction between 'skilled' and 'unskilled' labour should be revised. He asked would this not lead to fewer people entering South Africa?

Mr Bodibe said that the skills requirement was an important criteria. But did 'skills' mean qualifications or experience? The National Qualifications Criteria addresses this question but the White Paper does not engage with this system. COSATU submits that the criteria may have a discriminatory impact in that it may only attract people from developed countries from where 'skills' generally come. The contribution of 'skilled' workers is not necessarily useful, unskilled workers also have a contribution to make. The split between 'skilled' and 'unskilled' workers is not useful as a policy basis. Rather, an overall regional economic strategy must be put in place, particularly one centred on human resource development. Locally, how can access to learning facilities be made easier so that skills development can be addressed?
Mr Coleman added that there are existing policies in different departments, for instance in Health, which discourages the import of doctors from foreign countries and COSATU has also approached Britain to ask them to stop poaching South African doctors.

Mr Pretorious (NNP) said that unemployment rates in SA are on the increase. Is COSATU in favour of more favourable entry of skilled people to attract investment? The Chair, M. Mokoena, cautioned that unemployment statistics were inflated by the inclusion of unemployed Matriculants who have no previous employment experience. Mr Pretorious responded that even if Matriculants were not included, the figures are still alarming.

Mr Coleman said that he government could erect an electric fence around the country, only letting in people they wanted and creating an island of prosperity. But the apartheid government's attempts to do so had failed. Rather, a regional economic block must be developed. In response to Mr Pretorious's concerns over unemployment, Mr Coleman said that the program of action embarked on by COSATU in recent weeks was seeking to highlight this problem. Their presentation also sought to emphasise that migration must be part of a broader development strategy.

South African Human Rights Commission (SAHRC)
Dr Majodina, a Commissioner, pointed out that SAHRC had four areas of concern. South Africa's obligation to the region; xenophobia and racism, general human rights violations and the potential for corruption.

SAHRC disagrees with the White Paper policy that encourages the migration of skilled persons, entrepreneurs, traders and investors, to the detriment of many migrant workers active in the country. SAHRC is of the view that SA should collaborate with SADC member states and open the borders to workers in a responsible manner. Rather than emphasising 'control' in migration policy, a humane management-orientated approach should be adopted. Detention centres need to be monitored closely as various abuses have been noted by the SAHRC.

The White Paper fails to deal with xenophobia in a substantive manner. It introduces a community-based enforcement policy that emphasises the move from border control to community-based enforcement and workplace inspection. SAHRC is of the view that this will lead to institutionalised racism and 'whistle blowing'. It may be abused by people looking to further their xenophobic tendencies and may result in unstable communities. The suggestion that citizens will have to produce proof of citizenship on demand is alarming.

SAHRC is of the view that any migration policy should be informed by a basic respect for individual rights. The State must guarantee the rights of all those within its territory. The only legitimate way of derogating from the rights in the Bill of Rights is through the limitations clause. SAHRC is opposed to the White Paper proposition that the limitation of rights be conducted via the legislature by limiting migrants' rights in legislation. SAHRC believes that limitations should be left up to the Courts. Mr Southwell, an SAHRC researcher, added that for Parliament to start limiting rights would indicate a move away from a constitutional democracy.

Mr Sikakane (ANC) said that even the Constitutional Court says that the legislature must not defer their functions to the Constitutional Court. Mr Southwell agreed and said that there is an international debate over whether Courts are becoming legislatures. The challenge is for South Africa to strike a balance.

SAHRC proposes that an internal check and balance system be implemented to oversee and eliminate any prospects of corruption within the system. Home Affairs procedures should be speeded up and improved.

Discussion
Mr Mokoena assured the delegation that the Portfolio Committee had resolved to visit the Lindela Repatriation Centre and report to Parliament. Dr Majodina said that there is much secrecy over the conditions in Lindela. Authorities do not admit to overcrowding and bad sanitation.

Mr Sikakane(ANC) asked how can the SAHRC assist in dealing with illegal aliens?
Dr Majodina replied that SAHRC does not want to take over the administrative functions of government but they will protect and monitor the rights of aliens. She added that although the number of illegal aliens in the country is said to be 8 million this figure may be inflated for political reasons - there is no empirical evidence that the figure is so high. Of the three categories of illegal aliens, only 60 000 people have applied to come to South Africa as refugees. While the media implies that there are millions of refugees in the country only 8 000 have been granted refugee status and there are 25 000 cases pending. SAHRC has called on the Department to ensure that the process is systematised and run smoothly. The long wait for decisions allows people to use South Africa's resources and pretend they are here legally.

Mr Victor Southwell, of the Cape Town SAHRC office, added that the reason why migrant foreigners come here is for work. Foreigners are willing to do the work that South Africans are not prepared to do and at a cheap rate. SAHRC is in favour of an integrated migration policy which will make collective bargaining and industry standards applicable to migrants and make conditions less attractive for illegal workers.

Bishop Tolo (ANC) said he was aware that illegal immigrants are selling goods outside shops. They do not pay rent, their goods are sold much cheaper and they do not pay tax. Shop owners are closing their shops and opening spazas so that they can also avoid paying tax. Road-side trading is also a contributory factor to urban decay. He asked what is the solution to this problem.

Dr Majodina said that this task cannot be addressed without a regional framework. SAHRC recommends that SA enter into good faith negotiations and a bilateral agreement with neighbouring countries to make people aware of their obligations and the regulations they would have to comply with even before they come into the country. In Zimbabwe people queue for permits but once they are in SA they stay longer because there is simply inadequate control.

The Chair, Mr Mokoena, added that the illegal traders also sell fake goods and this is undermining legitimate entrepreneurs. Mr Southwell asked members to bear in mind exactly how much immigration legislation can achieve. He emphasised that some of the above problems must be addressed at local level.

University of Pretoria
Ms Rajah said the main concern of the University's submission was that the White Paper on Migration paid no attention to the Higher Education sector. With this sector under pressure to internationalise research and teaching programs there is a need to attract foreign students and lecturers to South African institutions. The delegation endorsed COSATU's submission that the White Paper be set out under specific sections, one of which would be education and specifically Higher Education.

Consideration should be given to extending the initial period for the renewal of study permits to 18 months. Guidelines governing internships, remuneration and the type of permit required, should be clarified. A further category of permits should be created for sabbaticals. The registration of new-born babies to short-term visitors to South Africa should be dealt with. Mandatory health-care insurance and health-care arrangements should be stipulated for all migrants and immigrants.

Currently 'refugee students' come to institutions without documentation or proof of refugee status and the universities take the risk of registering such students. The United Nations High Commission For Refugees would be a useful role-player in implementing efforts to deal with refugees.

Ms Cas Thomas of the International Academic Programmes Office at the University of Cape Town submitted that the White Paper should provide for part-time on-campus work for foreigners. Post-doctoral researchers had special needs and although they are often required to teach, they are not paid for it.

Discussion
Mr Sikakane (ANC) said a culture should be developed whereby foreign students are able to work while they study. Ms Thomas agreed, saying that the majority of foreign students are from neighbouring countries whose currencies are weaker against the South African currency. These students need to work in order to meet their essential expenses.

The meeting was adjourned.