Helen Suzman Foundation slates migration White Paper

THE HELEN Suzman Foundation (HSF) has criticised the Cabinet’s decision to adopt the White Paper on Citizenship, Immigration and Refugee Protection: Towards a Complete Overhaul of the Migration System in South Africa.

Home Affairs Minister Aaron Motsoaledi on Wednesday announced that after “robust engagements”, the Cabinet approved the final White Paper with a view for a bill to move to Parliament with haste.

Motsoaledi said public comments on the draft White Paper reaffirmed the need to adopt “effective policy measures and legislative interventions dealing with migration in South Africa”.

South Africa has different pieces of legislation dealing with citizenship, immigration and refugee protection, namely the Citizenship Act, Immigration Act and Refugees Act as amended.

He explained that asylum seekers and refugees were not recognised in South Africa until 1993.

“During the apartheid regime, South Africa did not accede to any international and regional conventions relating to the status of refugees and asylum seekers.

“South Africa administered its refugee policy on an ad hoc basis, granting refugee status mostly to white nationals from Zimbabwe, Portugal and Mozambique. The Refugees Act was passed in 1998. In line with the 1951 Convention, the 1967 Protocol and the 1969 OAU Convention, the Refugees Act prohibited refusal of entry, expulsion or extradition of asylum seekers and refugees.

“The White Paper proposes that the Government of the Republic of South Africa must review and/or withdraw from the 1951 Convention and the 1967 Protocol with a view to accede to them with reservations like many other countries. The Refugee Protection and Immigration legislation must provide for reservations and exceptions,” the minister said.

Among the changes would be the repeal of the Citizenship Act and Births and Deaths Registration Act in its entirety to be included in a single piece of legislation..