Advocacy Measures for Migrants
Fostering safe, inclusive spaces for migrants.
Advocacy Under SAMIN
SAMIN PARTICIPATION IN SADC MEETINGS
SAMIN, in collaboration with Citizen Alliance (CA) and the Timvereni Youth Campaign, organized a side Youth Event around the SADC Heads of State and Governments Summit held in Lilongwe from 9-19 August 2021.
The overall objective was to amplify the voice and participation of young people and the SADC region in the development and implementation of youth-centred solutions and agency in human rights, conflict prevention and mediation, social cohesion, and socio-economic development.
In the following year, SAMIN was also represented at the SADC’s people summit by members from Malawi, Eswatini, DRC, and South Africa. The summit took place in Kinshasa, DRC.
SAMIN ANNUAL CONFERENCE 2021
- SAMIN organized the Annual Conference from 26-28 November 2021 that took place at the Don Bosco Centre in Walkersville, Gauteng Province, South Africa.
- The theme of the conference was: “Migration policy in Southern Africa amidst COVID-19 and beyond,” with a focus on consultations, exchanges, and capacity building on migration issues in SADC.
- The outcome of the conference was having a communique sent to various partners and SADC governments calling them to demonstrate strong leadership by fulfilling obligations of the SADC Treaty, African Charter on Human and Peoples’ Rights, and international human rights treaties binding State Parties.
ISLAMIST EXTREMISM IN MOZAMBIQUE AND ITS IMPACT ON THE SADC REGION
On the 27th of July 2021, SAMIN conducted a webinar on Islamic extremism. The webinar made it apparent that the area in northern Mozambique was a fertile ground for an uprising and had been building steadily for years.
SADC has been recently facing a security threat in northern Mozambique, which, if not resolved, could soon spill into other countries.
Since their first incursion into Mozambique in October 2017, the Islamist extremist group al-Shabaab has conducted numerous attacks, killing at least 2,600 and displacing more than 700,000 civilians in the process.
PERMANENT RESIDENCE STATUS FOR GRADUATES FROM SOUTH AFRICAN TERTIARY INSTITUTIONS IN THE AREA OF CRITICAL SKILLS
Foreign graduates who studied at South African tertiary institutions towards degrees in the areas of critical skills may apply for permanent residence status without the need for:
- Submitting a certificate from a professional body, council, or board recognized by SAQA confirming the skills or qualifications of the applicant; or
- Acquiring five years’ post-qualification experience; or
- The need to submit testimonials from previous employers.
APPLICATIONS BY ASYLUM SEEKERS FOR VISAS OR PERMITS AFTER AHMED AND OTHERS V THE MINISTER OF HOME AFFAIRS AND ANOTHER [2018] ZACC 39
- Section 31(2) of the Immigration Act 13 of 2002 (“the Act”) provides that upon application, the Minister of Home Affairs may waive any prescribed requirement or form for an immigration application.
- The Department of Home Affairs Directive 21 of 2015 issued on 23 February 2016 prohibited asylum seekers from applying for visas without provision for an exemption application in terms of section 31(2)© of the Act.
- Directive 21 of 2015 was declared inconsistent with the Act and invalid.
DEPARTMENT OF HOME AFFAIRS IMMIGRATION DIRECTIVE 1 OF 2019: VISITORS’ VISAS WITH AN ENDORSEMENT TO CONDUCT WORK
A visitor’s visa in terms of section 11(1)(a) of the Immigration Act 13 of 2002 (“the Act”) may only be obtained for a maximum of 180 days per calendar year. Such a visitor may be authorized in section 11(2) of the Act to conduct work during their visit to South Africa.
A visitor’s visa in terms of section 11(2) of the Act with authorization to work may be issued for a maximum of 3 months at the South African consulate offices abroad. If the holder requires an extension during their visit to South Africa, the extended period cannot exceed 3 months.
A section 11(2) visa can only be issued once a year at the consulate offices abroad and can only be extended once a year in South Africa. Back-to-back section 11(2) visa applications in the same calendar year should not be accepted at the consulate offices abroad.
SESSION OF AFRICAN REGION FORUM ON SUSTAINABLE DEVELOPMENT
- The theme of the 8th session of the African Regional Forum was Building Forward Better: a green, inclusive, and resilient Africa poised to achieve the 2030 Agenda and Agenda 2063.
- On the 25th of February 2022, SAMIN organized a side event with the theme of Amplifying the Voices of Migrants in Africa: Unpacking the SDGs Principle of Leave No One Behind.
FIRST SOUTH AFRICAN REFUGEE-LED NETWORK SUMMIT
SAMIN members attended the First South African Refugee-Led Network Summit organized from 21-25 February 2022 in Pretoria, Gauteng Province in South Africa.
The theme of the summit was “Enhancing Refugee Participation and Self-representation in South Africa.”
The summit was a multi-stakeholder refugee-led platform that aimed at building capacity and strengthening the engagement of refugee leaders in the current policy and decision-making processes at local, provincial, and national levels in the wake of COVID-19 and its implications on refugee communities.
LETTER TO THE DEPARTMENT OF HOMELAND SECURITY
- A letter that was drafted by SAMIN members was shared on the 9th of May with the Department of Homeland Security in Malawi.
- The letter was addressed to the Minister of Homeland Security and was a request for engagements on challenges facing refugees in Malawi.
- The letter mentioned that as a network, we are human rights advocates and that it is greatly important to take the issue of a potential humanitarian catastrophe into consideration.
- The plea made by SAMIN to the minister is for him to give his urgent priority to the plight of the refugees in Malawi and hold on to this decision until consultations have been held and a suitable solution, putting their human rights at heart, has been agreed upon with all relevant stakeholders.
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Social Security and Relief Packages For Refugees, Asylum Seekers, and Special Permit Holders
Scalabrini Centre v Minister of Social Development court order granted by the Gauteng Division, Pretoria, on 18 June 2020.
The Minister of Social Development’s Regulations in respect of the emergency Covid-19 Social Relief of Distress Grant (“SRD Grant”) which made the SRD Grant available to South African citizens, permanent residents, and refugees only were declared unconstitutional and unlawful in so far as they excluded asylum seekers and special permit holders from Angola, Lesotho, and Zimbabwe.
The SRD Grant was extended to asylum seekers and special permit holders from Angola, Lesotho, and Zimbabwe.
The approval date for the SRD Grant is deemed to be 18 June 2020 for such applicants whose applications are successful. The SRD Grant will be paid until October 2020.
Reflections on Humanity, Quotes for Change
Nelson Mandela
“To deny people their human rights is to challenge their very humanity.”
Nelson Mandela, The global symbol of peace and reconciliation
Warsan Shire
“No one leaves home unless home is the mouth of a shark.”
Warsan Shire, Somali-British writer and poet
Nelson Mandela
“For to be free is not merely to cast off one’s chains, but to live in a way that respects and enhances the freedom of others.”
Nelson Mandela, The global symbol of peace and reconciliation
Partnership
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