Migration Studies Commons^™

No. 1: Towards The Harmonization Of Immigration And Refugee Law In Sadc, Jonathan Klaaren, Bonaventure Rutinwa

Southern African Migration Programme

The MIDSA project on legal harmonization of immigration and refugee law in the Southern African Development Community had four main objectives: (a) to collect and collate information on national legislation in a single publication as a resource for policy-makers; (b) to identify points of similarity and difference in national immigration law between SADC-member states; (c) to investigate the possibilities for harmonization of national immigration policy and law; and (d) in the interests of good governance and regional cooperation and integration to make specific recommendations for harmonization. A second, parallel, SAMP study is investigating the issue of harmonization of migration data …

No. 14: Policing Migration: Immigration Enforcement And Human Rights In South Africa, Jonathan Crush, Vincent Williams

Southern African Migration Programme

This paper examines reported incidents of human rights abuses and violence directed towards foreigners where government employees have been the perpetrators. We discuss both direct human rights abuses and incidents of violence (with examples drawn from policing exercises such as “Operation Crackdown” and from the detention of undocumented migrants) and institutional violence (such as migration policy development and other executive actions promoting or at least failing to prevent victimisation of foreigners). In many of the reported incidents, law enforcement officials have been the direct perpetrators of the human rights violations.

The South African government is legally responsible for ensuring adherence …

No. 12: Nepad, The City And The Migrant: Implications For Urban Governance, Caroline Kihato

Southern African Migration Programme

Migration is a growing phenomenon internationally. Between 1960 and 2000 international migrants in Africa increased from 9 million to 16 million. Although Africa has experienced a drop in the number of international migrants over the last two decades, it has more than double the number of migrants than Latin America and the Caribbean, and between a half and a third of the number in Asia. Flows of people from country to country across the continent are increasingly significant. Migration between cities across the continent is becoming a common phenomenon, as households attempt to secure their livelihoods.

In addition to cross-border …

No. 30: Regionalizing Xenophobia? Citizen Attitudes To Immgration And Refugee Policy In Southern Africa, Jonathan Crush, Wade Pendleton

Southern African Migration Programme

The negative attitudes of South Africans towards non-citizens, migrants and refugees have been documented in several recent studies. Xenophobia has been officially recognized as a major problem by the state and steps have been taken by government and the South African Human Rights Commission to “roll back xenophobia.” Since anti-immigrant intolerance is a global phenomenon, should South Africans be singled out in this regard? This paper seeks to contextualize the South African situation by comparing the attitudes of South Africans with citizens from several other countries in the SADC; namely, Botswana, Mozambique, Namibia, Swaziland and Zimbabwe.

In practical policy terms, …

No. 11: Regionalizing International Migration: Lessons For Sadc, Jonathan Crush, Vincent Williams

Southern African Migration Programme

Research on unauthorised migration to South Africa has addressed a range of issues surrounding the effects of current immigration policy on migrants, and the impact migrants have on South Africa’s society and economy (DHA 1997: section 1.4.6). One finding that is particularly relevant to a discussion of regional labour migration regimes is that current South African immigration policy does not account for labour migrants who retain a social and domestic base in their countries of origin. Another is that most unauthorised migrants are temporary or contract workers who seek employment in industries—such as construction—that depend increasingly on this kind of …

No. 29: The New Brain Drain From Zimbabwe, Daniel S. Tevara, Jonathan Crush

Southern African Migration Programme

All the signs point to the existence of a growing exodus of skilled Zimbabweans from the country. Although the precise dimensions and impacts of this “brain drain” have yet to be determined, the Zimbabwean government has recently sought to stem the tide with various policy measures. The education and health sectors appear to be the hardest hit although professionals in other sectors have also been leaving in numbers.

The Southern African Migration Project (SAMP) has undertaken a multi-country study of the brain drain within and from the Southern African Development Community (SADC). SAMP’s primary contribution is to examine the skills …

No. 28:Changing Attitudes To Immigration And Refugee Policy In Botswana, Eugene Campbell, Johan Oucho

Southern African Migration Programme

For the last two decades, Botswana has had the reputation as a “country of immigration,” based on the large-scale import of skilled expatriates from Africa, Asia and the West. Successive census reports and immigration data, as well as previous SAMP surveys undertaken in the late 1990s, confirm the appropriateness of the designation. The SAMP surveys concentrated on three themes: (a) the attitudes and migration behaviour of skilled foreigners in the country; (b) the attitudes of Batswana towards cross-border migration to South Africa; and (c) the emigration potential of skilled Batswana. The surveys highlighted the tolerant and generally welcoming attitude prevailing …

No. 10: Criminal Tendencies: Immigrants And Illegality In South Africa, Jonathan Crush, Vincent Williams

Southern African Migration Programme

South Africans believe that immigrants are largely responsible for the post-1994 crime wave in the country. In a national survey of South African citizens conducted recently by the Southern African Migration Project (SAMP), for example, respondents were asked what, if anything, they had to fear about people from neighbouring countries (McDonald 2000: 209). Almost half the population (48%) felt that migrants were a “criminal threat” (compared to 37% who thought they were a threat to jobs and the economy, and 29% who thought they were a health threat). The simplistic, and largely unsubstantiated, association of foreignness with criminality, job-stealing and …

No. 24: Spaces Of Vulnerability: Migration And Hiv/Aids In South Africa, Brian Williams, Eleanor Gouws, Mark Lurie, Jonathan Crush

Southern African Migration Programme

Seventy per cent of the 36 million people infected worldwide with HIV live in Sub-Saharan Africa and within this region the countries of Southern Africa are the worst affected. The eight countries with the highest rates of infection are in Southern Africa, followed by six countries in East Africa, and then five other countries, only one outside Africa. The reasons why the highest rates of infection in the world occur in Southern Africa are unclear. Although the countries of the region have much in common, their histories over the last twenty years have been very different.

A number of different …

No. 23: Gender And The Brain Drain From South Africa, Belinda Dodson

Southern African Migration Programme

South Africa is experiencing a substantial “brain drain”, underestimated in official emigration statistics. Yet there is uncertainty over issues such as why some leave and others stay, whether people who leave do so for good, and whether the brain drain will accelerate in the future. The surveys upon which this paper is based aimed to add some substance to the debate on the loss of core skills to the South African economy. They present a profile of the skilled population of South Africa and provide some insight into the factors determining emigration potential. Two distinct surveys were conducted: one of …

No. 25: Zimbabweans Who Move: Perspectives On International Migration In Zimbabwe, Daniel Tevara, Lovemore Zinyama

Southern African Migration Programme

The movement of people across political boundaries has generated considerable debate in Southern Africa. There is a compelling need for Southern African countries to harmonise regional migration policies and to ensure the freer movement of people across the region. However, it must be noted that disparities in levels of development are still evident in the economies of the region. There are fears in countries such as South Africa and Botswana that the freer movement of people will flood them with migrants from the less developed countries. There are also concerns in all the countries of SADC that freer movement will …

No. 09: Transnationalism And African Immigration To South Africa, Jonathan Crush, Vincent Williams

Southern African Migration Programme

The demise of formal apartheid has created new and as yet only partially understood opportunities for migration to South Africa. Legal migration from other Southern African Development Community (SADC) countries, for example, has increased almost ten-fold since 1990 to over four million visitors per year. South Africa’s (re)insertion into the global economy has brought new streams of legal and undocumented migrants from outside the SADC region and new ethnic constellations within. The easing of legal and unauthorized entry to South Africa has made the country a new destination for African asylum-seekers, long-distance traders, entrepreneurs, students and professionals (Bouillon 1996; Saasa …

No. 07: Evaluating Refugee Protection In South Africa, Jonathan Crush, Vincent Williams

Southern African Migration Programme

South Africa’s policy on refugees has its origins in the country’s much-criticized Aliens Control Act (96 of 1991) (ACA), which in numerous respects has failed to provide adequate guarantees to applicants (de la Hunt 1998,2002: 123; Human Rights Watch 1998:170; Handmaker 1999a, 1999b). Until the recent implementation of its first ever Refugees Act (Act 130 of 1998) in April 2000, South Africa’s policy on refugees depended on the ACA, with the Department of Home Affairs (DHA) responsible for enforcement.

This paper evaluates the process of refugee policy reform that began in 1996. This process led to the Refugees Act in …

No. 08: Thinking About The Brain Drain In Southern Africa, Jonathan Crush, Vincent Williams

Southern African Migration Programme

The movement of skilled people from one country to another is one of the most hotly contested public policy questions today. Debates amongst politicians, academics and bureaucrats about the scale and character of skilled migration, and the policies required to address these movements, are taking place in countries throughout the world (Zweig and Changgui 1995; Odunsi 1996; Phillips 1996; Carrington and Detragiache 1998; Iredale 1998; Iqbal 1999). As the opportunities for skilled personnel to move increases with globalization and the shift to a service economy (Sassen 1988, 1998), as the costs of international travel decrease, and as the ability to …

No. 04: Gender Concerns In South African Migration Policy, Jonathan Crush, Vincent Williams

Southern African Migration Programme

This paper draws attention to the need for a gender analysis of the South African government’s proposed new policy on international migration, by identifying a number of areas of implicit gender discrimination. Such “discrimination by default” is of more than academic relevance, having important implications for national and regional development. Research undertaken by the Southern African Migration Project indicates a growing “feminization” of migration to South Africa from the Southern African region, as well as gender-specific motives and patterns of migration. If migration is to be effectively managed, such realities must be taken into account. The paper concludes by advocating …

No. 02: The New South African Immigration Bill: A Legal Analysis, Jonathan Crush, Vincent Williams

Southern African Migration Programme

The Southern African Migration Project (SAMP) notes the promulgation of an Immigration Bill in Government Gazette Vol. 416 (No. 20889) on 15 February 2000 and the invitation to submit comments. SAMP supports the Department’s contention, implicit in the gazetting of a new Bill, that the Aliens Control Act is an unacceptable instrument for the sound and effective management of migration. The rescinding of the Aliens Control Act and its replacement by a new Immigration Act is therefore a matter of highest priority. However, it is equally important that such legislation is not rushed; that it is constitutionally-sound, implementable and cost-effective. …

No. 21: Cross-Border Raiding And Community Conflict In The Lesotho-South African Border Zone, Gary Kynoch, Theresa Ulicki, Tsepang Cekwane, Booi Mohapi, Mampolokeng Mohapi, Ntsoaki Phakisi, Palesa Seithleko

Southern African Migration Programme

Movement backwards and forwards across borders for work is often considered to be the primary form of unauthorized movement in Southern Africa. In southern Lesotho, a new and particularly dangerous form of two-way cross-border movement has become entrenched. This situation warrants the label “crisis”; a crisis which is devastating parts of the countryside in both Lesotho and the northern Eastern Cape Province of South Africa.

Media and official attention has focused on the extreme violence which accompanies cross-border stock raiding. This paper seeks to understand the social and economic roots and impacts of cross-border stock theft. Such an analysis is …

No. 01: The South African White Paper On International Migration: An Analysis And Critique, Jonathan Crush, Vincent Williams

Southern African Migration Programme

SAMP commends the South African government and the Department of Home Affairs (DHA) for their ongoing commitment to developing a new immigration and migration policy framework, exemplified most recently by the passage of a new Refugee Act and the gazetting of a Draft White Paper on International Migration (WP).

SAMP notes with encouragement the steps taken in the Draft White Paper to move to a more holistic view of the benefits of sound, effective and transparent immigration management. SAMP is supportive of continued immigration policy transformation and any initiatives that advance this aim.

SAMP possesses the experience and capacity to …

No. 03: Making Up The Numbers: Measuring “Illegal Immigration” To South Africa, Jonathan Crush, Vincent Williams

Southern African Migration Programme

The extent of South Africa’s “illegal immigrant” problem continues to confound. Numbers in the millions continue to be casually thrown around by officials, politicians, and the local and foreign press. The study on which these millionaire estimates are based has been widely discredited. But those who are critical of the study and skeptical of the inflated numbers are unable to come up with alternative numbers. Their response is usually that the extent of undocumented migration is, by definition, unknowable. True as it might be, this response unfortunately does not help very much. In this paper, the author attempts to break …

No. 05: Counting Brains: Measuring Emigration From South Africa, Jonathan Crush, Vincent Williams

Southern African Migration Programme

Official South African statistics on the magnitude of emigration from the country seriously undercount. In this paper, the authors have devised an innovative methodology which reveals the extent of the undercount but also provides important insights into the volume and sectoral distribution of emigrants. One of the common strategies suggested for countering some of the negative consequences of “brain drain” is the mobilization of diaspora networks. The paper provides an introduction to one such network, the SANSA project. The paper was written by Mercy Brown, David Kaplan and Jean-Baptiste Meyer of the Development Policy Research Unit of the University of …

No. 06: The Point Of No Return: Evaluating The Amnesty For Mozambican Refugees In South Africa, Jonathan Crush, Vincent Williams

Southern African Migration Programme

In the 1980s, civil war in Mozambique forced hundreds of thousands of people to flee their homes and seek refuge in neighbouring countries, including South Africa. Formal refugee status was granted only after the civil war ended, with the signing in October 1992 of a Tripartite Agreement between Mozambique, South Africa and the United Nations High Commissioner for Refugees (UNHCR). The majority of these former Mozambican refugees clearly wish to remain in South Africa, as few took advantage of a UNHCR offer of free repatriation to Mozambique in the early 1990s. In 2000, an estimated 200-220 000 former Mozambican refugees …

No. 22: Immigration, Xenophobia And Human Rights In South Africa, Jonathan Crush

Southern African Migration Programme

In 2000, the Southern African Migration Project (SAMP) entered into a partnership with the Roll Back Xenophobia Campaign of the South African Human Rights Commission. The two cooperated in offering a series of country-wide training workshops for media and journalists at which the results of SAMP research into media xenophobia was presented and discussed. This publication is the second product of that partnership. The paper sets out to critically review and examine the evidence for the argument that xenophobia is widespread and growing in South Africa. While it is important to document the scale of the problem and the enormity …

No Easy Walk: Advancing Refugee Protection In South Africa, Jeff Handmaker

Southern African Migration Programme

South Africa only began accepting individual applications for political asylum in 1994. A policy designed to recognize former Mozambican refugees for the purposes of a repatriation program became the (awkward) basis of the asylum procedure up until April 2000. Criticized by some, a lively discussion raising often-contradictory views began in 1996, leading to a policy reform process culminating in the Refugees Act in December 1998. The Act only came into force at the beginning of April 2000. This article analyzes the process of policy development in South Africa, focusing on practical and theoretical challenges facing the government in the implementation …

No. 17: Writing Xenophobia: Immigration And The Press In Post-Apartheid South Africa, Ransford Danso, David A. Mcdonald

Southern African Migration Programme

The mass media have become one of the most important institutions in modern society, playing a role not only in our learning and education, but also in how we see opportunities for change and improvements in our lives. For these reasons, the media are seen as a powerful vehicle for social transformation and development, and have drawn increasing attention towards themselves in contemporary society. The print media (ie newspapers) are particularly important in this respect, given that the press has traditionally been a provider of information on daily events and, for many people, are the only source of information about …

No. 18: Losing Our Minds: Skills Migration And The South African Brain Drain, Jonathan Crush

Southern African Migration Programme

Many countries, South Africa included, are in a panic about skills emigration – the so-called “brain drain.” One business-oriented institute even thinks that South Africa’s skills shortage is so “desperate” that the country should immediately throw open its borders to anyone who wishes to enter. Yet most South Africans are ambiguous about the wisdom of using immigration policy to offset skills loss. Immigration, no matter how selective and tightly controlled, arouses nationalist passions and causes moral panics.

Anti-immigrationists argue that governments are supposed to protect citizens from “outsiders”; not let them in to compete with locals for jobs and resources. …

No. 19: Botswana: Migration Perspectives And Prospects, Johan Oucho, Eugene Campbell, Elizabeth Mukamaambo

Southern African Migration Programme

The Southern African Migration Project (SAMP) is committed to supporting basic research on the dimensions, causes and consequences of cross-border and internal migration within the SADC region and to making the results accessible to a range of partners. We believe that a well-informed policy-maker or official is more likely to appreciate the workability of policy choices in the area of migration and immigration management. Policies based on poor or misleading information will not only fail but could have negative unintended consequences. From a human rights perspective, we are concerned that without accurate information about migration, decisions may be made which …

No. 20: The Brain Gain: Skilled Migrants And Immigration Policy In Post-Apartheid South Africa, Robert Mattes, Jonathan Crush, W. Richmond

Southern African Migration Programme

South African immigration policy has become extremely restrictive since 1994. Immigration numbers are at an all-time low, even as emigration accelerates. The number of temporary work permits issued has also declined at a time when South Africa has reconnected to the global economy and many companies and investors wish to import high-level skills. Immigration is not viewed as a public policy tool that could benefit South Africa. Immigrants and migrants (even the most highly skilled) are more often stereotyped as a threat to the economic and social interests of South Africans.

Why has South Africa’s first democratic government taken such …

Vol. 3, No. 2: Spot The Alien, Vincent Williams, Jonathan Crush

Southern African Migration Programme

No abstract provided.

Vol. 3, No. 1: Women Migrants Play Positive Role, Jonathan Crush, Vincent Williams

Southern African Migration Programme

No abstract provided.

Vol. 2, No. 3: Xenophobia: Hostility 'Growing Alarmingly', Vincent Williams, Jonathan Crush

Southern African Migration Programme

No abstract provided.