Issued annually in commemoration of World Refugee Day (20 June), this report represents research by members of the Consortium for Refugees and Migrants in South Africa (CoRMSA), a national network of service providers and research bodies. The findings have been compiled over a six-month period using surveys, in-depth interviews and a review of relevant documents, legislation and policies. In-person and telephone interviews were also conducted with officials and service providers in Johannesburg, Pretoria, Durban, Cape Town, and Port Elizabeth, and in border areas near Mozambique and Zimbabwe. The report also draws on extensive engagement with migrants across the country.
The report finds that South Africa still has far to go in its efforts to ensure the protection of non-nationals is in line with its commitments to protect the rights and dignity of all. Violence against non-nationals- while by no means new--reached unprecedented levels in 2008 in a wave of attacks that left many dead; thousands displaced; and permanently damaged South Africa's moral authority at home and abroad. As horrific as they were, these attacks are but an extreme sign of how non-nationals are treated as 'outsiders' by various elements of our society, from members of the public, to civil servants, service providers, and government leaders. This report outlines many of the ways non-nationals-refugees, asylum seekers, and other immigrants-are excluded from the services, welfare, and dignity they are guaranteed by South African law and Constitutional commitments.
Migration and migrants have gained much prominence over the past year. Two primary concerns have dominated migration debates - those of Zimbabwean migration and xenophobia. These have been given vastly increased media and public attention while thrusting South Africa's immigration and refugee policies into the limelight. Too late to avert the crises we have seen, measures have also been introduced to reform the current refugee system with the introduction of a Refugee Amendment Bill, part of a 'Turn Around Strategy' designed to aggressively and comprehensively reshape the Department of Home Affairs.
Despite the continuation of the crisis in Zimbabwe beyond the March election, there is still no official policy from government as to how it intends regularising and assisting the large numbers of Zimbabwean nationals in the country. Instead, Zimbabweans have been forced to eke out a living in whatever fashion they can with many relying on the kindness of a few under-resourced organisations and the goodwill of the South African citizenry. This is not sustainable and clear leadership needs to be provided urgently from government to outline a comprehensive plan of assistance until such time as there is consensus on stability in Zimbabwe.
One positive development has been the increased discussion about the need to shift away from policies aimed at controlling migration to policies aimed at managing migration. The rights and well being of non-nationals do not have to be to the detriment of South African citizens. Such new thinking around managing migration, reflected in recent comments by the Deputy Minister for Home Affairs, is enlightened in that it recognises the value of migration in local and regional social and economic development. Such an approach would provide further opportunities for regional trade at various levels and promote skills sharing across the region. In this way, South Africa's development would have positive benefits for regional development. Similarly, regional stability can only be beneficial for South Africa's development. Those in the Department of Home Affairs that are responsible for this shift in thinking need to be congratulated.
At present, there remain significant migration-related challenges that South Africa needs to address as a matter of urgency. Many of these challenges require increased leadership and greater engagement from various government departments to take responsibility for the well being of non-nationals as well as South African citizens. Below is a summary of the key research findings and recommendations to government departments and other key actors. As the findings demonstrate, the sometimes-violent exclusion of migrants from South African society is not new. Nor can it be resolved by closing the border, better policing, or public appeals to pan-African fraternity. Ensuring that the rights of nonnationals are protected requires recognising that migrants are a perennial part of South African society. Only by 'mainstreaming migration' throughout public policy can we help ensure that one day South Africa will truly belong to all those who live in it.