South Africa has a new draft white paper on immigration, citizenship and refugees. This, the fourth in three decades, represents a step change from the previous efforts. It is a genuine attempt to develop an efficient but humane set of policies.
Based on my work on migration over two decades, I am convinced that the policies in this new paper are far more ambitious than previous reforms. They represent a genuine attempt to address a complex and sensitive set of challenges in a comprehensive way, using state-of-the-art technological tools. The key question is: are the reforms practically and politically feasible?
The first post-apartheid immigration white paper, published in 1997, led to the new Immigration Act of 2002. This was the second significant reform to immigration policy in the post-apartheid era. The first was the Refugee Act of 1998. The Refugee Act represented a bold realignment. In it South Africa acceded to global and African refugee treaties. It also placed human rights at the centre of the policy.
The 2002 Immigration Act was reformist rather than revolutionary. It was rightly criticised for not getting to grips with the legacy of migration patterns in southern Africa.
The white paper represents a far more coherent and systematic rethink than previous South African piecemeal reforms or similar attempts elsewhere in Africa.
The changes are being driven by Home Affairs minister Leon Schreiber. Schreiber is unusual among politicians. He is a real political scientist with real expertise in public policy. He is ambitious and seems determined to accomplish as much as he can in the current term of government. The impression I get is that his senior officials buy into the reforms – indeed, they devised many of them.
The generational change is essentially digitisation. All civil records about citizens, migrants, prospective migrants, visitors, asylum seekers and refugees will be digitised and integrated. If it works, it could result in a watertight management system for immigration, citizenship and refugee protection. This would be a huge step up from the current jumble of paper-based and incomplete datasets.
If completely successful it would eliminate both the massive inefficiency of the Department of Home Affairs, and the fraud and general confusion which still plague the governance of migrants and refugees in South Africa.
Fit for the 21st century
Digitisation and integration of information systems was recommended by the Lubisi enquiry into documentation fraud commissioned by the previous minister.
In my own work on South Africa’s migration policies, I made similar recommendations, with the benefit of the evidence in the Lubisi report and other sources.
At the heart of the system being proposed in the new white paper is an Intelligent Population Register. This is a modern, digitised system to manage and use comprehensive population data. Countries like Estonia and Denmark have pioneered such systems, and India has shown how a digital ID system can be extended to its massive population. Botswana already has an integrated civil registration system similar to the one South Africa is planning.
As the minister of Home Affairs put it, an intelligent population register
The new system will require mandatory birth and death registration, and biometric data not only for citizens but also for foreigners, regular and irregular, who reside in the country. This would provide data that enables far more effective social and economic policies than the current incomplete population register.
Irregular foreigners, including asylum seekers and others whose status is yet to be determined, will be:
- counted
- allowed to use the banking system irrespective of their status
- expected to pay tax.
Other improvements are that it will be:
- more difficult for unethical visa applicants to game the system
- easier to keep track of refugees and asylum seekers
- more difficult to carry out identity theft.
The other major change is that the new system will introduce a “merit-based path” to naturalisation, in contrast to the existing “mechanical and compliance-based” pathway.
Merit is preferred to years served. After five years of permanent residence, naturalisation will be acquired according to a set of accomplishments that are yet to be detailed. This will be available to immigrants who have come in through a points-based system as well as to current citizens of Zimbabwe, Lesotho and Angola holding exemption permits. The yet to be finalised points system will include assessments of educational qualifications, acquired skills, and some measure of social impact.
The points-based system for skilled immigrants will replace or, for now, complement the critical skills list.
Other immigration reforms include a new start-up visa for tech firms, a subset of an investment visa which replaces the business visa, and new age and income requirements for retiree immigrants. The recently introduced Trusted Employer Scheme, Trusted Tour Operator Scheme and the remote work visa are endorsed in the white paper.
Reforms are proposed to speed up the asylum applications process, including a dedicated immigration court. Even those who obtain refugee status may be returned to the “first safe country” that they passed through when exiting their perilous country.
Countries which are safe for returnees would be designated by government – those which do not have raging civil wars or extreme repression or similar hazards for their citizens. South Africa would have to get agreement from the designated safe countries that they would accept returnees without prejudice.
Caveats and concerns
None of these reforms will be easy. Some, like the various points-based systems for entry, permanent residence and citizenship, and the establishment of dedicated refugee courts, are complex proposals not yet fully explained.
Other concerns include the privacy implications of the intelligent population register and the willingness of other countries to agree to being designated first safe country. Both issues are vulnerable to court challenges. Prospective first safe countries may require some incentive to cooperate, and South Africa might have to offer to accept a considerable share of the refugees.
There are also some issues covered in previous white papers not addressed here. Whether and how to draw on the financial and networking resources of the South African diaspora is not discussed. Nor is the issue of proactive policies to promote the social integration of foreigners.
Also not covered is the issue of lower-skilled migrants. However, migrant labour, mostly low-skilled, is the focus of the White Paper on National Labour Migration Policy republished by the Department of Employment and Labour last year.
The ambition signalled in the new policy paper is impressive. Whether it is doable, and whether the project will be completed, depends on many things, political, technical and judicial.
Alan Hirsch, Senior Research Fellow New South Institute, Emeritus Professor at The Nelson Mandela School of Public Governance, University of Cape Town
This article is republished from The Conversation under a Creative Commons license. Read the original article.
