South Africa to make immigration easier

South Africa is proposing a major overhaul of its citizenship, immigration, and refugee laws, citing them as relics of the colonial era. The country, facing a 32.6% unemployment rate and growing xenophobic tensions, aims to streamline the complex immigration system into a single law.

Home Affairs Minister Aaron Motsoaledi presented the White Paper with cabinet approval on the 1 of November, after a four-year drafting process. The proposals include reviewing refugee laws and establishing an advisory board on immigration. Public input is open until the 19th of January.

Among the laws facing reassessment are the 1951 United Convention on Refugees, the 1967 Protocol, and the 1969 African Union Refugee Convention. The White Paper suggests a review and/or withdrawal from the 1951 Convention and 1967 Protocol, stating the need to “press a reset button.”

The current legal framework is described, in standard ANC fashion, as relics of the colonial era, lacking harmony, and subject to piece-meal amendments. The proposed changes include reviewing and potentially withdrawing from international agreements, such as the 1951 United Nations Refugees Convention, and streamlining citizenship laws.

The establishment of an advisory board on immigration is suggested, involving representatives from various government departments and the private sector. The White Paper also addresses issues related to illegal immigrants, proposing measures for border control and strengthening immigration policies.

Public participation is encouraged, with comments accepted to enrich the policy frameworks until further notice. The Minister of Home Affairs, Dr. Aaron Motsoaledi, emphasizes the importance of public engagement in line with constitutional principles.

The government admits in the White Paper that it is completely unaware of how many foreigners are in the country, and have few means deployed for controlling cross-border smuggling or illegal immigration. They recommend the formation of a new Border Management Authority.

South Africa has recently come under fire for its difficult and unresponsive visa process, which has made life uncertain for skilled foreign workers who are reluctant to bribe state officials. The new policy aims to give preferential entry to certain critical skills.

The new Border Management Authority is proposed to be integrated with the Anti-Corruption Unit at the Department of Home Affairs, which will be attached to the organised crime unit at SAPS, in order to empower them with search and seizure capacities.

This comes as the ANC facing growing criticism from grassroots organisations forming against the large quantity of illegal immigrants in the country, and the beginnings of competition from new parties with anti-illegal-immigration positions, like Action SA.

Xenophobic violence has also been a key focus of international media on South Africa since the first major pogroms against foreigners in 2008.

The white paper declares anyone claiming refugee status will still be allowed to come to South Africa.