Messina Legal Advice Office (MLAO)

Presentation on Human Cost of Undocumented Migrants & Alternatives to irregular entry to South Africa

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Proudly Serving Musina Community Since 1988_____________________________________________

30th of July 2014

Cape Town

Presentation by Jacob N Matakanye

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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.

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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)

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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

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Persons of MLAO`S concerns originate from the following countries

Angola Nigeria

Bangladesh Pakistan

Burundi Senegal

DRC Somalia

Ethiopia Tanzania

India Zimbabwe

Kenya

Mozambique

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Categories of foreign Nationals (Migrants)

Asylum seekers

Refugees

Unaccompanied children

Illegal immigrants

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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

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StatsJanuary 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

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Stats

Monitoring Detention Centre 2012No 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

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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'

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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

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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

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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

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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

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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

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Thank You

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