REPUBLIC OF ZAMBIA MIGRATION MANAGEMENT –PROTECTION SENSITIVE PROCESSES (LESSONS FROM ZAMBIA) PRESENTED BY: MULENGU BORIS IMMIGRATION DEPARTMENT REPUBLIC OF ZAMBIA Revisiting the Migration Regimes in the EAC,SADC and COMESA SAIIA HEAD OFFICE, UNVERSITY OF WITWATERSRAND,JOHANNNESBURG,SOUTH AFRICA 8 th September, 2016 1
Background • OBJECTIVE – To showcase intervention undertaken by the Zambian government and Co-operating partiners in addressing mixed migration challenges in the recent past. – To demonstrate how these intervention have improved migrant rights – To show the link between protection of migrant rights and regional trade – To highlight existing challenges still affecting the migration management in Zambia • PROBLEM OF IRREGULAR MIXED MIGRATION IN ZAMBIA – Zambia like other counties in the region is struggling with an increase of irregular migration. – Increased irregular migration has exposed a number of legal and administrative inadequacies in the management migrants. – These challenges have necessitated review of existing mechanism to address protection needs of vulnerable migrants and easy the process of managing migration. • EXTENT OF THE PROBLEM – Zambia is a landlocked country but has only 43 official entry points – Total number of entries into Zambia (year 2015) 1,400,119 – Total number of presumed Victims of Trafficking and Subjects of Smuggling(by 5/9/16) 467 – Total number of deaths in transit (by 5/9/16) 21 2
Background Cont’d • INITIAL CHALLENGES – Inadequate Identification and referral mechanisms – lack of differentiated Protection – Poor co-ordination among stake holders – Fragmented institutional and national guidelines – Inadequate shelters for vulnerable migrants – Inadequate capacity among FLO – Unclear alternative to detention procedures – Archaic legislation and procedures – Gaps and rigidity in legislation – Unclear guideline between the procedure for handling economic migrants and vulnerable migrants 3
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Addressing the Protection needs of Migrants • Anchored on mixed migration project 2013 which has revolutionized migration management in Zambia. – Development of national guidelines for the protection of vulnerable migrants. – Legal review – Strengthening institutional and administrative mechanisms 11
Addressing the Protection needs of Migrants Dar conference extract The Action Plan is structured around six main areas that emerged from discussions during the Regional Conference: (1) Legislative reform and review of policy, (2) Capacity-building, (3) Operations, (4) Outreach, (5) Data Collection and Analysis and (6) Cooperation and Coordination. General targets are recommended in relation to each area, in order to provide a basis for evaluating progress, when the Regional Conference reconvenes, as proposed, in two years. Relevancy to Regional Economic Communities At the regional level, the African Union (AU) and the Regional Economic Communities (RECs), including the EAC, SADC, IGAD and COMESA, will be important partners in moving the Action Plan forward, providing a platform for continued dialogue and collaboration. Member States to these bodies are encouraged to ensure that issues related to refugee protection and mixed migration are appropriately prioritized and resourced. 12
National guidelines (Protection assistance for vulnerable migrants in Zambia) • The development guidelines informed by RCP: – Regional Conference on Refugee Protection and International Migration: Mixed Movements and Irregular Migration from the East and Horn of Africa and Great Lakes Region to Southern Africa (Dar es Salaam, Tanzania, 6-7 September, 2010 Action Plan) • In Zambia implemented under a UN joint program on mixed migration ( IOM, UNCIEF, UNHCR) 2013 • Methodology – Technical working group on Mixed migration 2013 – Migration experts from key institutions – Informed by existing regulatory frame work • Tools Comprised of: – Minimum Standards Guidelines(FLO” manual) – Profiling Form( assessment form) – National Referral Mechanism( service Map) – Training Manual 13
National guidelines (Protection assistance for vulnerable migrants in Zambia) • Aim: – To enhance identification, referrals and service provision to vulnerable migrants. – Not to establish new laws – Consolidate already existing procedures and guidelines – Harness synergies among first lines officials (Strengthen) – Highlight importance of Identification, referral & service provision – Emphasis on legal obligation to Human rights approach • Categories of vulnerable migrants: – Refugees & asylum seekers; – Rejected asylum seekers; – Victims of trafficking; – Stranded migrants; – Stateless migrants and un accompanied and separated minors. 14
Legal Framework • Tools based on international legal framework & best practices, as well as national legislation and S O Ps • International framework includes: – Transnational Organized Crime (TOC) Convention and its supplementary Protocols, including Protocol to Prevent, Suppress & Punish Trafficking in Persons – Convention relating to the status of refugees (& its 1967 Protocol) – Child Rights Convention (among others) • Existing national legislation, policies & other relevant references includes: – Constitution of the Republic of Zambia – Anti-Human Trafficking Act No. 11 of 2008 – Immigration & Deportation Act, No. 18 of 2010 – Refugees Control Act No. 40 of 1970 – National Policy to Combat Trafficking in Persons – Immigration Standard Operating Procedures, 2011 15
MIGRANT CENTERED LEGAL PROVISION • Constitution of the Republic of Zambia -Article 11 Indiscriminate protection of fundamental rights and freedoms for all • Immigration & Deportation Act, No. 18 of 2010 -The preamble promotes Human rights in Migration Management -Sec 5(3) a,b,c &(4) obligates human rights approach to all I O -Sec 14 report order -Sec 57(1) bail -Sec 39 individual removal -Sec 31 asylum seekers permit -Sec 18(1) restricts period of detention(48 hours for prosecution, 14 days for verification) -Sec 38 court order for detention exceeding 3o days -Sec 10(3) None judicial appeal procedure against immigration decision -Sec 23(1) Foreigners married to Citizens and permanent residents -Sec 27(1) Temporary permit: Prohibited Immigrants Permit -Sec 19(1) (a & b) Stranded Migrants liability of carrier -Sec 20(2)(g) Anti- GBV Spouses of citizens eligible to Residence permit 16
LEGISLATIVE PROTECTIVE MEASURES FOR MIGRANTS • Anti-Human Trafficking Act No. 11 of 2008 -Section 32 Prohibits the deportation of Victims of trafficking. - Section 35 provides for issuance of permanent residence to foreigners who fall victim to trafficking in Zambia if their return is likely to expose them to danger. • Refugees Control Act No. 40 of 1970 -Sec 9 prohibits Deportation of Refugee 17
Enhanced legal protection • Immigration and Deportation Act amendment No 19 of 2016: – Definition of a child aligned with international standard – Deportation of victims replaced with repatriation thereof • Review of Immigration SOP to incorporate: – Incorporation of chapter on vulnerable migrants 18
Achievements – The training of 106 officers in Mixed migration. – Training of 68 media personnel in Mixed migration reporting – Training of 102 personnel involved in refugee status determination (DJOC) – Assisted voluntary repatriation of over a 100 Ethiopians presumed victims of trafficking. – logistical support for the relocation of victims of trafficking to shelters and places of safety. – AVR of 40 migrants pardoned by the president (serving 15 year jail sentences) – AVR of 21 unaccompanied minors – The Prison exchange program between Zambia and Angola • Examples of cases highlighting a migrant rights approach – Dahir Jama Shire-Case record number 2015/crmp/com/0136 – The People Vs Maputu Muzala Ssv2/111/14 – Tobias Tumbela and 40 others CAUSE NO: 2BL/151/14 – The People Vs Boston Sinyangwe and Bruce Mwape (2SPG/066/2016) – The people v Zawadi William Shonde and three others 19
Achievements Assessment: Initial monitoring demonstrates strengthened capacity of first line officials & service providers to: 1) Identify various categories of vulnerable migrants by administering the Profiling Form 2) Refer migrants to relevant authorities & service providers 3) Provide appropriate protective services 4) Enhanced coordination among partners 20
Achievements Initial monitoring demonstrates strengthened capacity of first line officials & service providers to: 1) Identify various categories of vulnerable migrants by administering the Profiling Form 2) Refer migrants to relevant authorities & service providers 3) Provide appropriate protective services 4) Enhanced coordination among partners 21
Achievements Impact of the tools: – Shared at National & RCP including MIDSA, International Detention Coalition & IOM national & regional conferences. – Have informed legal audit of the Immigration , Prisons and Anti- Human trafficking Act. – Improved Immigration case disposal rate – Reduced Immigration related Human rights complaints 22
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