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Perspectives #1/09: Migration and Human Rights

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Migration and Human Rights

February 23, 2009

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Dear Reader

In May 2001 the then President Thabo Mbeki declared in the ruling party’s weekly newsletter ANC Today that SA’s relationship with the rest of the continent was illustrated by the significant numbers of fellow Africans wanting to settle in the country since 1994. He went on to assure readers that this trend would not only continue but also^promote the richness of the South African society. He was in all aspects of the statement considered, spot on!

Since its first democratic elections, South Africa has become a favoured destination for migrants from throughout the continent. Searching for better lives, pursuing economic opportunities, or fleeing political turmoil, migrants have come to colour and populate many of South Africa’s urban centres and settlements.

The growth of South Africa’s migrant population (a well documented trend) has stimulated research and policy debates considering Africa’s migration flows in general and in the SADC region in particular. While the growing public debates on the matter both raise awareness of challenges pertaining to migration policies as well as advance alternative solutions, their focus is often narrowed down to the migrants’ positive or negative contribution to the economy. While this is clearly a paramount aspect from the perspective of a destination country – especially in the context of those challenges South African society already faces – current discourses on migration fail to recognise that the potential matching positive contributions from migrants can only be fully accomplished if respect and fulfilment of universal human rights standards are guaranteed for them as for all members of society.

A consequence of this one-sided analysis is the frustrating results achieved so far and their minor impact on political approaches. It is against this backdrop that the 6th edition of Perspectives discusses current migration dynamics in Southern Africa from a human rights perspective. The publication focuses on some outstanding challenges facing the implementation of human rights standards for migrants in the region.

In the first article Zonke Majodina from the South African Human Rights Commission makes a case for the integration of a rights-based approach when dealing with some of the current immigration flows in South Africa. The article exposes some of the inconsistencies in the current Immigration Act; the weaknesses of the migration system in dealing with the challenges; and reflects on possible and relevant initiatives and policies to be taken at the various levels of governance.

Human rights abuses of lesbians, gays, bisexuals, and transgender people are widespread in African countries. South Africa became the first country in the world to include, in its post-apartheid constitution,“sexual orientation” as a status protected from discrimination. Based on these facts Wendy Isaack from the Legal Resource Center looks at the situation confronting African Lesbian & Gay Migrants seeking refuge in South Africa and exposes the mismatch of progressive constitutional rights on the one hand and the domestic legislative/administrative practice on the other hand.

In the third article, Kate Lefko-Everett outlines both the background as well as the challenges faced by women migrants. Female migration to South Africa is growing both in numeric and relative terms, however it is often an intimidating and unstable destination. In general, women are confronted with high levels of violence, overt hostility, and social exclusion. African migrant women are subject to a double peril linked to their status as black women and as migrants. The article tells the stories of women migrants from their own perspective. Their narratives speak of opportunity and empowerment, but also about hardship, discrimination and abuse encountered while crossing borders.

The criteria that entitle one to basic rights as well as facilitate belonging in contemporary South Africa are paramount factors in this debate and are the subject of Loren Landau’s contribution to this Issue. Rethinking citizenship and belonging in South Africa argues that the safety of society and its members is only guaranteed if people living within its boundaries have not only a legal identity but access to means to protect it. In addition to the required institutional reforms the article proposes a well-managed public and inclusive debate around those issues in a way that fosters understanding while preventing violence and discrimination.

Successful integration rather than exclusion of immigrants remains an important source for sustained social cohesion. This is the underlying condition for the development and success of young democracies in the region and can only be fostered and enabled if respect for human rights and social justice for all living in the society is guaranteed. Addressing the vulnerability of migrants will require new and innovative solutions. We are hopeful that this issue of Perspectives meaningfully contributes to this project.

Dr Antonie Katharina Nord
Regional Director

Paula Assubuji
Political & Human Rights Programme Manager