Date: 24/11/2004
Source: Ministry of Home Affairs
Title: Mapisa-Nqakula: Ilitha la Bantu International Conference for Women & Family Restructuring
ADDRESS BY HON NN MAPISA-NQAKULA, MINISTER OF HOME AFFAIRS ON THE OCCASION OF THE ILITHA LA BANTU INTERNATIONAL CONFERENCE FOR WOMEN AND FAMILY RESTRUCTURING, Cape Town
South African Immigration Laws: Challenges Affecting Women, Girl refugees and their Families
We are indeed grateful that Ilitha La Bantu has once again invited us to share issues relevant to our work with Conference Delegates here today. We believe that this platform is one of the opportunities provided for us to test at a practical level, the impact of our work as Government broadly and specifically as the Department, on the people who are at the receiving end of our services.
It should also be quite significant that we are meeting here only a day before the national launch of the programme of the 16 Days of Activism Against Violence and Abuse of Women and Children.
In her invitation to us, the Executive Director had requested that we address conference on the issue of Immigration laws. I must say that the selection of this subject of discussion could not have come at a more appropriate time. As you might be aware we have spent much of our time since April this year, on the issue of the repositioning immigration policies and systems. We have made significant progress in this regard, even if it has been to address certain short term priorities.
In the long term we intend to develop an Immigration policy Framework that respond to both the developmental, and socio-economic needs of our country, the continent and the world. In this regard we have identified the need for an Immigration establishment that serves to boost direct foreign investment, attraction of skills required by our economy, support the growth of tourism, but most importantly, support the emphasis and realisation of the goals of our foreign policies.
The key development in this area has been the establishment of the National Immigration Branch of the Department headed by a Deputy Director General and the recent decision we have taken to now release the Immigration Regulations for public Comment. I am sure that this is a process that most of you will take key interest in and we in the Department will benefit a great deal from your input into such a process.
I am aware that the long term policy initiatives in the area of immigration will benefit a great deal from research on the specific experiences of women immigrants and how they are affected by such policies. I also know that where such research has been done, it has either been limited to certain categories of subjects or the results thereof have not found prominence in the shaping of immigration policy globally. This is the immediate challenge that I think we need to look at together as a matter of priority.
I am raising these issues before I go into the subject matter to demonstrate our appreciation for the timing of this invitation. I must also add that these developments have not only been limited to internal process within our department, but that issues of immigration policies and their impact have also taken prominence in the public domain. We have had several engagements both in the mass media and with organisations such the Human Rights Commission on many of these issues, including xenophobia and respect for a culture of human rights.
The outcome of some of these engagements has been very useful in exposing some of the limitations of our policies and systems in the area of immigration.
Whilst generally there are problems that affect any immigrant who goes through our systems, certain categories of foreigners have had it worse than others, including women, children, asylum seekers and undocumented immigrants.
I think all of us can understand that we live in a world that has not been very kind to the most vulnerable sectors of our society. This is evident when you look at the plight of the poor, the rural masses, women, children and so on. This trend is unfortunately also found embedded in most of the problems that we have with immigration.
With specific reference to women, one of the key problems that we have identified has been the issue of marriages between South Africans and foreign spouses. In main the women who are affected in this regard are South African, but the pattern is still one that demonstrates the manner in which women have been subjected to humiliation as a result of immigration systems.
As part of our programme to mark the Month of Women in August, we launched a national campaign where we have called upon all women to come forward and verify their marital status to ensure that this is correctly reflected in the National population register and that where there is proof that there has been a fraudulent marriage, the Department can assist victims. The Campaign itself was very successful and we are looking at ways of ensuring its sustainability beyond the Month of August so that we can reach more people who are affected in this regard.
Programme Director, We had launched this campaign as a community campaign and we are inviting you and other Community Based Organisations to join us in the mobilisation of women to take full advantage of this opportunity.
In so far as legislation is concerned, we have sought to protect women who find themselves in these circumstances by making it more difficult for unscrupulous elements to take advantage of loopholes in tour laws to abuse women. Any foreigner who applies for permanent residence or citizenship on the basis of a marriage to a South African will now have to prove that such a union is a union in good faith and should remain married to such a spouse for a period no less than five years before they can apply.
I have also been concerned about the situation of women refugees and the impact of refugee and asylum policies on their lives. Not only do women constitute a large number of these refugees, but they are also the ones that experience the harshest treatment of abuse and humiliation, at times from officials whose duty it is to protect them. Most of the times, women are forced to flee their homes with children on their backs without food and very little guarantee of shelter and safety when they arrive at their supposed destinations.
I have always found it disturbing that policies are not sensitive enough to this situation where women issues are not isolated and given special attention in regulating the treatment and protection of refugees globally.
It is important that Governments that are signatories to the UN and OAU Conventions on Refugees should concern themselves with issues such as counselling, safety, reproductive health issues and skills development for women.
Programme Director, I have recently conducted a tour of the Lindela Repatriation Centre where we temporarily keep illegal immigrants before deportation. I had felt that with most of the reports that we receive emanating from the Centre it would have been useful to open the centre to public scrutiny so that it is demystified and secondly so that it can be accountable to the general public about its activities.
We did find that there are many women who get arrested and taken to the Centre for deportation and while they are kept isolated from the rest of the group, they were not prioritised for transfer to make sure that those who were pregnant, sick or with young children should not stay longer at the centre.
The National Immigration Branch is currently working on a policy that will guide the department in dealing with these specific cases. In the meantime we have directed that where it is possible these women should be given priority during such transfers.
Lastly, the one issue which is key to the kind of immigration policy we are trying to establish has to do with the recruitment of skills from outside the country. I am sure that the challenge of balancing this recruitment with our own employment equity targets needs to be addressed. That women and other designated groups should take priority in this regard. As far as this remains a matter for immigration policy, we will seek to address it through the process that I have highlighted above.
I must commend the leadership of Ilitha for identifying this issue as a matter for the agenda of this conference. It is complex and sometimes carries with it a lot of sensitivities, but I am sure that you will be able to expand on it, share your experiences, best practices and suggestions in order to advise us on the proposals emanating from this discussions.
I thank you.
Issued by: Ministry of Home Affairs
24 November 2004
Source: Ministry of Home Affairs
Title: Mapisa-Nqakula: Ilitha la Bantu International Conference for Women & Family Restructuring
ADDRESS BY HON NN MAPISA-NQAKULA, MINISTER OF HOME AFFAIRS ON THE OCCASION OF THE ILITHA LA BANTU INTERNATIONAL CONFERENCE FOR WOMEN AND FAMILY RESTRUCTURING, Cape Town
South African Immigration Laws: Challenges Affecting Women, Girl refugees and their Families
We are indeed grateful that Ilitha La Bantu has once again invited us to share issues relevant to our work with Conference Delegates here today. We believe that this platform is one of the opportunities provided for us to test at a practical level, the impact of our work as Government broadly and specifically as the Department, on the people who are at the receiving end of our services.
It should also be quite significant that we are meeting here only a day before the national launch of the programme of the 16 Days of Activism Against Violence and Abuse of Women and Children.
In her invitation to us, the Executive Director had requested that we address conference on the issue of Immigration laws. I must say that the selection of this subject of discussion could not have come at a more appropriate time. As you might be aware we have spent much of our time since April this year, on the issue of the repositioning immigration policies and systems. We have made significant progress in this regard, even if it has been to address certain short term priorities.
In the long term we intend to develop an Immigration policy Framework that respond to both the developmental, and socio-economic needs of our country, the continent and the world. In this regard we have identified the need for an Immigration establishment that serves to boost direct foreign investment, attraction of skills required by our economy, support the growth of tourism, but most importantly, support the emphasis and realisation of the goals of our foreign policies.
The key development in this area has been the establishment of the National Immigration Branch of the Department headed by a Deputy Director General and the recent decision we have taken to now release the Immigration Regulations for public Comment. I am sure that this is a process that most of you will take key interest in and we in the Department will benefit a great deal from your input into such a process.
I am aware that the long term policy initiatives in the area of immigration will benefit a great deal from research on the specific experiences of women immigrants and how they are affected by such policies. I also know that where such research has been done, it has either been limited to certain categories of subjects or the results thereof have not found prominence in the shaping of immigration policy globally. This is the immediate challenge that I think we need to look at together as a matter of priority.
I am raising these issues before I go into the subject matter to demonstrate our appreciation for the timing of this invitation. I must also add that these developments have not only been limited to internal process within our department, but that issues of immigration policies and their impact have also taken prominence in the public domain. We have had several engagements both in the mass media and with organisations such the Human Rights Commission on many of these issues, including xenophobia and respect for a culture of human rights.
The outcome of some of these engagements has been very useful in exposing some of the limitations of our policies and systems in the area of immigration.
Whilst generally there are problems that affect any immigrant who goes through our systems, certain categories of foreigners have had it worse than others, including women, children, asylum seekers and undocumented immigrants.
I think all of us can understand that we live in a world that has not been very kind to the most vulnerable sectors of our society. This is evident when you look at the plight of the poor, the rural masses, women, children and so on. This trend is unfortunately also found embedded in most of the problems that we have with immigration.
With specific reference to women, one of the key problems that we have identified has been the issue of marriages between South Africans and foreign spouses. In main the women who are affected in this regard are South African, but the pattern is still one that demonstrates the manner in which women have been subjected to humiliation as a result of immigration systems.
As part of our programme to mark the Month of Women in August, we launched a national campaign where we have called upon all women to come forward and verify their marital status to ensure that this is correctly reflected in the National population register and that where there is proof that there has been a fraudulent marriage, the Department can assist victims. The Campaign itself was very successful and we are looking at ways of ensuring its sustainability beyond the Month of August so that we can reach more people who are affected in this regard.
Programme Director, We had launched this campaign as a community campaign and we are inviting you and other Community Based Organisations to join us in the mobilisation of women to take full advantage of this opportunity.
In so far as legislation is concerned, we have sought to protect women who find themselves in these circumstances by making it more difficult for unscrupulous elements to take advantage of loopholes in tour laws to abuse women. Any foreigner who applies for permanent residence or citizenship on the basis of a marriage to a South African will now have to prove that such a union is a union in good faith and should remain married to such a spouse for a period no less than five years before they can apply.
I have also been concerned about the situation of women refugees and the impact of refugee and asylum policies on their lives. Not only do women constitute a large number of these refugees, but they are also the ones that experience the harshest treatment of abuse and humiliation, at times from officials whose duty it is to protect them. Most of the times, women are forced to flee their homes with children on their backs without food and very little guarantee of shelter and safety when they arrive at their supposed destinations.
I have always found it disturbing that policies are not sensitive enough to this situation where women issues are not isolated and given special attention in regulating the treatment and protection of refugees globally.
It is important that Governments that are signatories to the UN and OAU Conventions on Refugees should concern themselves with issues such as counselling, safety, reproductive health issues and skills development for women.
Programme Director, I have recently conducted a tour of the Lindela Repatriation Centre where we temporarily keep illegal immigrants before deportation. I had felt that with most of the reports that we receive emanating from the Centre it would have been useful to open the centre to public scrutiny so that it is demystified and secondly so that it can be accountable to the general public about its activities.
We did find that there are many women who get arrested and taken to the Centre for deportation and while they are kept isolated from the rest of the group, they were not prioritised for transfer to make sure that those who were pregnant, sick or with young children should not stay longer at the centre.
The National Immigration Branch is currently working on a policy that will guide the department in dealing with these specific cases. In the meantime we have directed that where it is possible these women should be given priority during such transfers.
Lastly, the one issue which is key to the kind of immigration policy we are trying to establish has to do with the recruitment of skills from outside the country. I am sure that the challenge of balancing this recruitment with our own employment equity targets needs to be addressed. That women and other designated groups should take priority in this regard. As far as this remains a matter for immigration policy, we will seek to address it through the process that I have highlighted above.
I must commend the leadership of Ilitha for identifying this issue as a matter for the agenda of this conference. It is complex and sometimes carries with it a lot of sensitivities, but I am sure that you will be able to expand on it, share your experiences, best practices and suggestions in order to advise us on the proposals emanating from this discussions.
I thank you.
Issued by: Ministry of Home Affairs
24 November 2004
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