Migration laws, policies and implementation SAIIA-KAS Migration Conference Revisiting the Migration Regimes in the EAC, SADC and COMESA Presentation by Tsotetsi Makong Trade facilitation and trade law expert Trade Policy Training Centre in Africa (trapca)
Migration laws, policies and implementation 1. Emerging discourse on African Migration Research Perspective Marie-Laurence Flahaux and Hein De Haas in, African migration: trends, patterns, drivers (2014) decried that “ Africa is often seen as a continent of mass migration and displacement caused by poverty, violent conflict and environmental stress. Yet such perceptions are based on stereotypes rather than theoretically informed empirical research . ”
Migration laws, policies and implementation The two authors - contradict common ideas of Africa as a ‘continent on the move’, their analysis shows that intra- African migration intensities have gone down due to: State formation and the related imposition of barriers towards free movement in the wake of decolonisation and the concomitant rise of nationalism and inter-state tensions. African migration remains overwhelmingly intra- continental albeit there has been diversification and an acceleration and spatial diversification of emigration out of Africa to other continents.
Migration laws, policies and implementation This diversification of African emigration particularly from Europe to other continents seems partly driven by the introduction of visa and other immigration restrictions by European states – (New RESTRICTIONS) . African Migration is slightly shifting from being triggered by poverty, violence and underdevelopment to being driven by processes of development and social transformation which have increased Africans’ capabilities and aspirations to migrate, (this trend which is likely to continue in the future) Is an image of an ‘exodus’ of desperate Africans fleeing poverty at home in search of the European ‘El Dorado’ true picture of the reality ? This stance is disputed
Migration laws, policies and implementation Some scholars have fueled the image of a rising tide of poverty-driven African migration inter alia driven by environmental preoccupations (Myers 2005, p.4), poverty and income gaps Others propose curbing of the rights of immigrants (Collier 2013), and development failure by the global south ( Bakewell 2008 ) However , empirical research and analysis by Bakewell and Johnson 2011, Berriane and De Haas 2012, Bilger and Kraler 2005, Schielke and Graw 2012 etc revealed that African migrations were quite diversified with the great proportion of migration being intra Africa relative to Europe bound migration Evidence suggests that most Africans migrate for family, work or study (Schoumaker et al., 2015) (Bakewell & Jόnsson , 2011), similar to other world regions.
Migration laws, policies and implementation 2. Common themes in migration discourse Enforcement of laws – foreign workers without required documents including work permits, possession of illegal documents Deportations vs. impact on the economy Data capturing and tracking of migrants vs. legitimate deportation – tourists transforming into blue collar class Transfer of knowledge and tech Typology of sectors vs limitations imposed by applicable laws Labour vs. security
Migration laws, policies and implementation 3. Legal architecture of TZ migration, related laws and their implications Some key pieces of legislation underpin TZ approach to migration. These are: The Immigration Act, 199 The Tanzania Passports and Travel Documents Act, 2002 The Tanzania Citizenship Act, 1995 The Anti-Trafficking in Persons Act, 2008 The Prevention of Terrorism Act, 2002 These laws interlock through a web of regulations – by implication a number of authorities involved in the implementation of these laws. Tanzania is also a member of various international bodies including the WTO and EAC where it is bound by its commitments
Migration laws, policies and implementation 3. Legal architecture of TZ migration, related laws and their implications Prohibited Immigrants: These range from persons refusing to submit to examination by a medical practitioner after having been required to do so a person who has been certified by a medical practitioner to be suffering from a contagious or infectious disease which makes or which would make his presence in Tanzania dangerous to the public a person who, not having received a free pardon has been convicted in any country other than Tanzania of murder or any offence for which a sentence of imprisonment has been passed for any term and who by reason of the circumstances connected therewith, is considered by the Minister to be an undesirable immigrant A person whose entry into or continued presence in Tanzania is, in the opinion of the Minister or the Principal Commissioner of Immigration Services, undesirable and is declared by the Minister or the Principal Commissioner of Immigration Services to be a prohibited immigrant (catch all category)
Migration laws, policies and implementation 3. Legal architecture of TZ migration, related laws and their implications ENTRY REQUIREMENTS AND VISA INFORMATION Upon complying with the entry requirements, a bonafide visitor is issued with a Visitor's Pass on arrival at the entry point TZ for a validity not exceeding three months in first instance and not exceeding six months for citizens of East African Community –( Preferential treatment) REQUIREMENTS FOR VISA An application of Visa for United Republic of Tanzania should be accompanied amongst others by a security Bond duly filled in(for Multiple Visa);
Migration laws, policies and implementation 3. Legal architecture of TZ migration, related laws and their implications Residence Permits – provided for by Immigration Act RESIDENCE PERMIT CLASS 'A’ Residence Permit Class A may be granted to a person who intends to enter or remain in Tanzania and engage in trade, Business, Profession, Agriculture, Animal husbandry, prospecting of Minerals or manufacture - some requirements – security bond, CV etc.
Migration laws, policies and implementation 3. Legal architecture of TZ migration, related laws and their implications Residence Permits – provided for by Immigration Act RESIDENCE PERMIT CLASS 'B’ Residence Permit Class 'B' is issued to a foreigner who has obtained specified employment in Tanzania, and the Commissioner General of Immigration Services (subject to recommendation by the Director of Employment) is satisfied that he possesses qualifications or skills necessary for that employment and that his employment will be of benefit to Tanzania. Some requirements include: a letter of recommendation from the Director of Employment, Ministry of Labour and Employment RESIDENCE PERMIT CLASS 'C' Residence Permit Class "C" may be issued to foreigners intending to enter and reside in Tanzania for purposes other than those specified for the grant of Residence Permit Class "A" or "B". These include; students, researchers, volunteers, persons attending cases in Court of Laws, persons who have formerly been residents and are about to leave the country (i.e. winding up affairs), and persons attending medical treatment in hospitals. Requirements for Residence Permit Class "C" differs depending on the categories of activities that a foreigner intends to engage in.
Migration laws, policies and implementation 3. Legal architecture of TZ migration, related laws and their implications Residence Permits
Migration laws, policies and implementation 3. Legal architecture of TZ migration, related laws and their implications Residence Permits
Migration laws, policies and implementation 3. Legal architecture of TZ migration, related laws and their implications Residence Permits
Migration laws, policies and implementation 3. Legal architecture of TZ migration, related laws and their implications Challenges and successes? All in the eyes of the beholder – challenges/successes from whose perspective? The Non-Citizens (Employment Regulations) Act 2015 - The Act came into effect as from 15 September 2015 The Act Affects employers (Investors) and employees both private and public sectors in Tanzania who are non-citizens Application for and approval of work permits The application for work permit has to be submitted to the Labour Commissioner entrusted with the authority to receive, process application(s) and issue work permit(s). The Labour Commissioner shall, before approving an application for a work permit, “satisfy himself that all possible efforts have been explored to obtain a local expert ”.
Migration laws, policies and implementation 3. Legal architecture of TZ migration, related laws and their implications Challenges and successes? The Act requires a Succession Plan : Under the Act an employer intending to employ or engage a non-citizen is required to: Prepare a succession plan which must set out “ a well- articulated plan for succession of the non-citizen’s knowledge or expertise to the citizens during his/her tenure of employment, and any other information as may be directed by the Labour Commissioner ” Establish an “ effective training programme to produce local employees to undertake duties of the non-citizen expert ”
Recommend
More recommend
