Working with Vulnerable Migrants in the Region Working with Vulnerable Migrants in the Region. “A Civil Society Perspective” 16th Regional Seminar of ACP-EU Economic and Social Interest Groups. 8-9 November 2018. Windhoek Namibia. By Thifulufheli Sinthumule – Director for CoRMSA.

CoRMSA Background The Consortium for Refugees and Migrants in South Africa (CoRMSA) is a national network of organisations working with refugees, asylum seekers and migrants in the country (SA). Established in 1996 and registered in 2001. It is comprised of a number of member organisations including legal practitioners, research units, and refugee and migrant communities. It has over 25 member organisations. Our member organisations include legal practitioners, community based refugee and migrant led organisations, Advice Offices, academic institutions, social service providers amongst others.

Objective and Programmes. Main objective and mission are the promotion and protection of the human rights of asylum seekers, refugees and other international migrants in ways that promote the well-being of all in South Africa, the region and globally. CoRMSA has over twenty years of experience working on migration and refugee protection engaging in advocacy and lobbying including policy submissions; coordination and network building; capacity building; community engagement and dialogue, rights awareness and information sharing.

Key Migration Policies The 1951 Refugee Convention is the key legal document that forms the basis of our work. Ratified​ by over 130 State parties, it defines the term ‘refugee’ and outlines the rights of the displaced, as well as the legal obligations of States to protect them. The 1969 OAU Convention- Convention was enacted for the receiving countries to set the standard for the treatment of refugees in those countries and did not address itself to events in the country of origin. The Kampala Convention (2009) - for the Protection and Assistance of Internally Displaced Persons in Africa.  Basic Agreement between the Government of South Africa and the United Nations High Commissioner for Refugees ( 6 September 1993) 1967 Protocol relating to the Status of Refugees (31 January 1967). For SA- The Refugee Act of 1998 and Immigration Act of 2002 And other international treaties…

African Common Position and the Migration Policy Framework Both emphasise a human rights framework as essential to ensuring social integration and the wellbeing of migrants and their hosts, BUT they do very little to provide evidence-based recommendations for concrete policy solutions that would successfully assist member states to use human rights in this way.  Report by -  LOREN LANDAU and E. TENDAYI ACHIUME (10 NOV 2015)- The African Union migration and regional integration framework

SADC Situation and Gaps “Hon Malusi Gigaba speech -  for Third Roundtable on International Migration: Intra-regional migration within SADC and implications for International Migration policy, February 6th, 2015 He said “Currently, SADC as a region has not developed a coherent policy response to migration beyond reaching an agreement to work towards facilitating the freer movement of people within SADC once sufficient countries have ratified the Protocol”. This means, Southern African Development Communities (SADC) does not have a regional migration policy. Service standards and migration requirements vary from country to country within the SADC.

SADC Protocol on the Movement of People Facilitation of the Movement of Persons of 2005 seeks to fulfill the objectives of the SADC Treaty, which require SADC to develop policies aimed at the progressive elimination of obstacles to the free movement of capital and labour, goods and services and of the people of the region generally amongst Member States. Already signed by half of the 15 member states and still subject to ratification by two-thirds of the members.

Towards Free Movement of Persons in the SADC. As CSOs, by calling for the free movement of people, We seek to claim ownership to the SADC we want and not the SADC they want for us. SADC civil society seeks to deepen democracy in the region and will also seek to empower SADC citizens towards their full participation in social, political and economic activities towards liberation and attainment of dignity for all people. This will strengthen regional implementation and to improve national implementation of regional policies that determine the treatment of international and domestic migrants.

Towards Migration Dialogue for Southern Africa (MIDSA). To address the important issues of forced migration, including refugees, internally and externally displaced people in the SADC. Key dialogue outcome: - There is a need for refugee laws to be harmonized within SADC and to be reviewed to ensure that all aspects of refugee protection are included . - That there is a lack of contingency plans at national and regional levels to prepare for, as well as to respond to refugee and IDP movements as and when they happen; - There is a need for a forum for SADC governments to discuss and resolve regional issues of forced migration – including ways to mitigate population destabilization.

Challenges and Recommendations- SADC Regional Migrants Network Lack of well coordinated Regional CSOs Network to address and engage leaders on migration issues (SADC RMN)- was established by CoRMSA. In most of Africa these days, refugees are not welcomed with the exuberant sense of solidarity that surrounded the promulgation of the OAU Convention. Instead, African states are increasingly following the lead of other regions by closing their borders and threatening to forcibly return those who have made it into their territories. While free movement is also desirable for social and historical reasons, if leaders don’t agree on the economic case for free movement, they are unlikely to take the tough and uncomfortable political and legal steps to implement it.

Challenges and Recommendations- SADC Regional Migrants Network Conflicts in southern Africa and neighbouring regions over the years have resulted in the movement of millions of refugees seeking asylum in neighbouring countries. SADC as a region has recognised the need to balance the potential security risks associated with hosting refugees against the benefit of regional integration Political Sensitivity - there may be political resistance to policies which facilitate migrants’ access to territory, markets and services. i.e. Free movement of labour vs threat to domestic jobs.

Regional Possible Solutions Well-managed migration can yield benefits to both countries of origin and destination especially in terms of labour migration, which can offset labour shortages in destination countries, and generate remittances targeted towards national development in the countries of origin. However, many African countries have had challenges in managing migration issues owing to poor collection and management of data; lack of capacity to handle migration issues as well as limited knowledge about migration-related issues. Establish a regional forum to coordinate monitoring, research and information exchange – Loren Landau report above and Establishment of SADC RMN through CoRMSA

Regional Possible Solutions HARMONIZATION of legislation, policies and practices to improve the management of migration in various ministries (Foreign Affairs, Home/Interior Affairs, Labour, among others). POLICY DIALOGUE at the regional level, because international migration involves two or more states, policy dialogue between states is important for management of migration Inclusion of migration aspects in the SDGs and Agenda 2063

Regional Possible Solutions CoRMSA thus recommends that any future migration policy should focus on the efficient import of skills, rights-based management of asylum seekers and refugees, management of economic immigration that promotes national and regional development; management of a variety of risks associated with different policy options; and ensuring effective and distinct macro- and micro-level refugee and migration management. Increased and inclusion of Migration issues on the SADC Member state summit for further resolution and harmonisation of migration management. Narrow interventions such as civic education or even immigration policy reform rooted in human rights standards are unlikely to counter xenophobia or promote social cohesion on their own, as forms of exclusion and violence are rooted in politics and processes cutting across multiple policy areas.

Thank you  ”We demand free, fair and democratic movement of persons in SADC” Consortium for Refugees and Migrants in South Africa(CoRMSA) 87 De Korte Street, Heerengracht Building 5th floor, Office no 501, Braaamfontein Tel: +27 11 403 7560/0032/0033 Fax: +27 11 403 7559 email: thifulufheli@cormsa.org.za   Website: www.cormsa.org.za Promoting and Protecting the Human Rights of Asylum Seekers, Refugees and Migrants .