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Messina Legal Advice Office (MLAO)
Presentation on Human Cost of Undocumented
Migrants & Alternatives to irregular entry t...
Brief Back Ground History
 Prior to the influx in 2007, As the political situation in
Zimbabweans, in SADC and further af...
Instruments on Migrants` Rights and
Responsibilities
 Legislation, policies and strategies in South Africa
to manage migr...
OBJECTIVES
• Programme was to facilitate the Protection of the
rights of asylum seekers & refugees and
undocumented migran...
Persons of MLAO`S concerns originate
from the following countries
 Angola Nigeria
 Bangladesh Pakistan
 Burundi Senegal...
Categories of foreign Nationals (Migrants)
 Asylum seekers
 Refugees
 Unaccompanied children
 Illegal immigrants
6
South African Legal Framework for migration
management
The Constitution (Bill of Rights) The Immigration Act (Act no. 19 o...
Stats
January to June 2012
Age Group Male
(in absolute
numbers)
(in %)
Female
(in absolute
numbers)
(in %)
Total
(in absol...
Stats
Monitoring Detention Centre 2012
No Month Males Females Total
January 538 135 673
February 1542 85 1627
March 1131 2...
Migrants running for safety
 Migrants Leaving their homes and families
 Travelling from one country to another for safet...
lives lost
 The Limpopo River
Many Migrants have been swept away by the river in an
attempt to cross the river into SA du...
No men's Land
 No men's Land is between South Africa and Zimbabwe borders. The
Limpopo river which divides the two countr...
Labour exploitation
 Many farms around Musina employ asylum seekers
and refugees as cheap labours below government
Sector...
Xenophobia
 Incidents of xenophobia around Musina including
such towns such as Polokwane, Malamulela District
 MLAO carr...
Challenges
• MLAO is a non governmental organization and is
financially supported by the donor community to carry
out most...
Thank You
16
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Jacob Matakanye - SIHMA Seminar 2: 30 July

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Jacob Matakanye shared the experiences of migrants coming into South Africa via the Beitbridge border post.

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Jacob Matakanye - SIHMA Seminar 2: 30 July

  1. 1. Messina Legal Advice Office (MLAO) Presentation on Human Cost of Undocumented Migrants & Alternatives to irregular entry to South Africa ____________________________________________ ProudlyServingMusinaCommunitySince1988 _____________________________________________ 30th of July 2014 Cape Town Presentation by Jacob N Matakanye 1
  2. 2. Brief Back Ground History  Prior to the influx in 2007, As the political situation in Zimbabweans, in SADC and further afield to the north of Africa continued to deteriorate coupled with lack of jobs , food and other basic needs, as a result of this situation South Africa has saw an unprecedented influx of Zimbabweans and other nationalities into South Africa.  The Zimbabwean political and economic situation was on the decline for a long time resulting in migrants flooding to South Africa from undesignated entry points as a result of a porous border line. 2
  3. 3. Instruments on Migrants` Rights and Responsibilities  Legislation, policies and strategies in South Africa to manage migrants and migrants’ rights • Migrants’ rights and responsibilities • Refugee protection in South Africa  International Law and Human Rights Instruments  International Law  Migration law  Human Rights instruments International Convention (1951 UN Convention)on the Protection of the Rights of All Migrant (South Africa is a signatory) 3
  4. 4. OBJECTIVES • Programme was to facilitate the Protection of the rights of asylum seekers & refugees and undocumented migrants in South Africa • Monitoring & Advocacy • Access to legal advice • Rights and responsibility of Migrant • Access to government institutions 4
  5. 5. Persons of MLAO`S concerns originate from the following countries  Angola Nigeria  Bangladesh Pakistan  Burundi Senegal  DRC Somalia  Ethiopia Tanzania  India Zimbabwe  Kenya  Mozambique 5
  6. 6. Categories of foreign Nationals (Migrants)  Asylum seekers  Refugees  Unaccompanied children  Illegal immigrants 6
  7. 7. South African Legal Framework for migration management The Constitution (Bill of Rights) The Immigration Act (Act no. 19 of 2004) Refugee Act (1998) and refugee protection Refugee Amendment Act (12 of 2011) Push factors Many countries political situation`s are not stable resulting in their citizens fleeing to other counties for safety Pull factors South Africa is a pull fact because of its democracy and human rights protection in chapter two as contained in our constitution 7
  8. 8. Stats January to June 2012 Age Group Male (in absolute numbers) (in %) Female (in absolute numbers) (in %) Total (in absolute numbers) (in %) 0-4 805 58 594 42 1399 100 5-17 1910 71 793 29 2703 100 18-59 11175 74 3935 26 15110 100 60 and > 3 23 10 77 13 100 Total: 13,893 72 5,332 28 19,225 100 8
  9. 9. Stats Monitoring Detention Centre 2012 No Month Males Females Total January 538 135 673 February 1542 85 1627 March 1131 210 1341 April 644 79 723 May 796 128 924 June 685 220 905 July 444 45 489 August 477 31 508 September 581 135 716 October 405 96 501 November 295 109 404 December 112 37 149 Total 7,650 1,310 8,960 9
  10. 10. Migrants running for safety  Migrants Leaving their homes and families  Travelling from one country to another for safety  Vulnerable to: Law Enforcing agencies (migrants have no documentation etc)  Whether  Mugging /thief's  Health risk/illness' 10
  11. 11. lives lost  The Limpopo River Many Migrants have been swept away by the river in an attempt to cross the river into SA during the day or night  Crocodiles Many Migrants have been killed by crocodiles while attempting to cross the river  Game farm Many migrants from different nationalities have been killed by game animals (lions )as they travelled on foot further in land seeking safety 11
  12. 12. No men's Land  No men's Land is between South Africa and Zimbabwe borders. The Limpopo river which divides the two countries is where its called no mans land  Non of the two countries is responsible for any atrocities committed in no men's land.  The period 2007 to 2013  Many migrants after crossing the Limpopo river were meet by the so called “Ama-guma-guma”  Migrants were killed both men and women of different nationalities  Migrants were raped and sodomised both men and women of different nationalities 12
  13. 13. Labour exploitation  Many farms around Musina employ asylum seekers and refugees as cheap labours below government Sectoral Wage Determination  Employment of minors  Conflict with citizens  Law Enforcing Agencies  Unlawful arrests and detention  Tearing of legal documentation 13
  14. 14. Xenophobia  Incidents of xenophobia around Musina including such towns such as Polokwane, Malamulela District  MLAO carried out workshops to both community on rights and responsibilities of Migrants in South Africa  However many were killed though we are not able to provide stats 14
  15. 15. Challenges • MLAO is a non governmental organization and is financially supported by the donor community to carry out most of its activities • Sustaining of awareness campaigns is a challenge as in many instances funding is required • Intervention of both Zimbabwean and South African governments in order to reduce instances of harassment and torture 15
  16. 16. Thank You 16

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