Migration Governance in South Africa

Abstract

The emerging global migration governance architecture is very different from the formal multilateralism of the post-1945 era that influenced the evolution of transboundary issues of trade, the environment, and finance. States have recognised that they cannot address the challenge of migration without international cooperation. Consequently, multiple institutions co-exist across the bilateral, regional, inter-regional, and multilateral levels, through both formal and informal structures. Proponents of a 'management' approach to global migration governance, primarily countries in the Global North, have preferred to keep intergovernmental discussions regarding migration outside of the United Nations (UN) in various state-led fora in different regional and global settings. Equally, countries in the Global South, along with normative organizations such as ILO, OHCHR, and IOM, have sought to further a rights-based approach to the governance of migration within the UN. IOM's recommendation that has been faulted by academia for being biased: International migration in countries in the Global South, including South Africa, is that migration management frameworks should be anchored in sound policies and underpinned by enabling legal frameworks and implementation strategies that have the support of all stakeholders and devoid of these symptoms of a lack of coordination, coherence and cooperation. The academic critique fails to appreciate that public administration has many lenses that are not in public domains. This paper is explanatory research that is built on exploratory and descriptive research types. It goes further to determine causes and reasons, extend the theory or principles, and provide evidence to support or refute explanations or predictions. The research philosophy of this paper is pragmatism underpinned by the nature of reality, the nature of knowledge of migration governance and the role of values of the researcher. It reviewed relevant literature to the paper, applicable policies, laws, discourses, and practices following a qualitative method with reflexive and critical comparison approach combining broad, multidisciplinary literature review; evaluating of promotion, application, and treaty review of international standards; the direct participation in policy processes in two Reginal Economic Communities in Africa: EAC and IGAD. The relevant literature reviewed are publications on migration, migration management, migration governance, migration development, border management, national security, human rights, international relations, social protection, international labour and skills mobility, development, and related themes. This paper adopted the model of migration that draws upon recent developments in migration theory: the Model Mechanisms that Produce Migration. MMPM does away with the notion of root causes; the notion of 'root causes' originated in the European policy debates about conflict-driven displacement. The attempts to tackle root causes centred on humanitarian action to prevent violence, end human rights abuses, and facilitate peace-building. This flawed preventative logic was transferred to economically motivated migration with the assumption that migration can be stemmed by alleviating poverty and creating jobs. The knowledge growth about the mixed nature of migration flows and migration motivations has been recognized by governments and international agencies and is broadly applicable across different categories of migrants, including refugees. The Model is built around three steps. Migration governance in South Africa remains a complex and challenging issue, requiring a comprehensive, coordinated, and integrated approach from the government and other stakeholders described as a whole-of-society and government approach and partnership. Adequate State funding and stakeholders' participation in the implementation of the South Africa White Paper on International Migration has the potential to address many of the challenges associated with migration governance in the country and the SADC region effectively and sustainably.