SA’s proposed withdrawal from the two refugee conventions will have “severe ramifications” for the country and its struggling economy, says Business Unity SA (Busa), the country’s largest business lobby group.
Busa said more clarity is needed on new changes in the paper such as the expansion of ministerial powers with respect to permanent residency.
Cas Coovadia, CEO of Busa, which represents almost all big businesses in the country, said the sector has reservations about “certain aspects” of the long-awaited white paper on citizenship, immigration and refugee protection, published recently.
“We understand the rationale behind the paper and welcome the process outlined concerning the eventual tabling of the bill with social partners,” Coovadia said.
“Of key concern for business is that the white paper proposes SA temporarily withdraw from two international treaties on refugee protection [the UN Refugee Convention and the UN Protocol relating to the status of Refugees],” he said.
“The business sector is preparing substantive positioning on this as the withdrawal of these ratifications will have severe ramifications for SA migration. Secondly, our biggest concern would be the implementation of some of the recommendations in the white paper.”
The white paper proposes that a “proper register should be kept for all persons granted citizenship by naturalisation by the minister. The register must be tabled every year in parliament by the minister. The requirements for granting citizenship by naturalisation must be made more stringent.”
It also states that the minister may require those who have applied for a certificate of naturalisation to “appear personally” before the minister or a person designated by the minister.
The department has proposed that the government review the international treaty on refugee protection, saying it is a “mistake” not to have curtailed socioeconomic rights extended to asylum seekers. It said SA must review or withdraw from the 1951 convention and the 1967 protocol with a view to accede to them with reservations, like other countries.
“The procedure involves depositing the reservations with the secretary-general of the UN,” reads the long-awaited white paper, published two weeks ago.
The department said the government dropped the ball by not having limitations on socioeconomic rights that would be enjoyed by refugees in the country when it signed up to the refugee convention — legally called reservations.
The white paper states that there is an urgent need to “completely overhaul the three pieces of legislation to meet the new challenges facing SA and introduce single legislation dealing with citizenship, immigration and refugee protection”.
SA Federation of Trade Unions (Saftu) national spokesperson Trevor Shaku welcomed the “synergising of the three laws into one” as it does not make sense to have three pieces of legislation that duplicate or contradict one another.
“Our principle even in this synergising, however, is that the laws must not unfairly disadvantage the asylum seekers and refugees. Those running away from their countries because of persecution for reasons of race, religion, nationality, political opinion or a membership in a particular social group, and running away from conflict-ridden areas, must not be denied entry into our country.”
If refugees were not allowed to participate in economic activity, “the exclusion will definitely affect the labour market. It will unfairly deny these refugees an opportunity to earn an income and maintain themselves, which will come at a great cost to the fiscus.”
Unemployed South Africans must be prioritised for employment. Where we lack the skills needed by employers, then we must develop skills transfer plans.
— Matthew Parks, Cosatu acting national spokesperson
Cosatu acting national spokesperson Matthew Parks said the federation looks forward to engaging the government on these “sensitive and important matters”.
“Cosatu is deeply concerned about our 41% unemployment rate and a 60% youth unemployment rate. We must find the right balance. We cannot continue with the status quo. It is a ticking time bomb. Employers must abide by our labour laws, and those who don’t must be held accountable,” said Parks.
“Unemployed South Africans must be prioritised for employment. Where we lack the skills needed by employers, then we must develop skills transfer plans to equip South Africans with the skills needed by the economy of today and the future. This will require an overhaul of our skills regime.”
IFP MP and spokesperson on home affairs Liezl van der Merwe welcomed the white paper, saying: “We have long argued that the immigration system in SA has collapsed and that urgent reforms are needed. The IFP will therefore be making inputs to the white paper. We will also be referencing the international migration white paper, drafted by the IFP’s founder, Prince Mangosuthu Buthelezi, during his tenure as home affairs minister.”
Van der Merwe said the government has lost the ability to manage migration, “with possibly millions of undocumented persons/illegal migrants calling SA home”.
She said foreign-owned spaza shops have all but wiped out the SA-owned small, medium and micro enterprises sector, and the government seems unable to deal with illegal mining and zama-zamas. “All of this points to a system that is not working. This is why the IFP has been championing that low-skill or no-skill job opportunities, as well as the spaza shop sector, should be reserved for South Africans.”
The IFP has called for a properly resourced “immigration inspectorate, with sufficient staff, as well as harsh and lengthy sentences for corrupt officials at our borders and those who sell our documents”.
“While the nature of the DHA [department of home affairs] dictates that their legislation and policies will be dealing with foreign nationals — both documented and undocumented — let us never lose sight of the fact that SA needs to put South Africans first,” said Van der Merwe.
Labour analyst and DA MP Michael Bagraim said: “We already have comprehensive legislation dealing with all three areas. The legislation is reasonably simple and could be implemented properly if we had a competent and well-resourced inspectorate. To put all three pieces of legislation together would unnecessarily complicate and obfuscate what needs to be done.
“In essence, we have an enormous problem with our borders and we don’t have the capacity to crack down on illegal immigration. We have literally thousands of illegal immigrants working within the economy.”
Bagraim said the departments of employment & labour and home affairs do not have the capacity to monitor and enforce the legislation.
“As we move closer to 50% unemployment, the people are looking for a scapegoat. The government has completely failed the people of SA and is now looking to blame foreign labour. We have another problem altogether, and that is a skilled and educated workforce. We urgently require regulation overall to enable us to bring in skilled and competent foreigners to ensure that our workforce is properly trained,” he said.
“As currently advised, it is almost impossible for skilled labour to get work permits. The business community are hampered by unnecessarily long and tedious applications. I have personally implored the minister of labour to consider changing the regulations to enable quick and easy access to skilled labour.”
Helen Suzman Foundation executive director Nicole Fritz said the foundation “will probably be offering some comment but it won’t be until early next week”.
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