Government urged to think again on immigration policy (Business Day)

HUMAN rights issues concerning refugees,immigrants and exiles needed urgent action at all three levels of government,experts said last week during a panel discussion at Wits University.

 The discussion dealt with the police raid onimmigrants at the Central Methodist Church in downtown Johannesburg on January31, as well as the country's immigration policy.

 The panel highlighted the lack of understandingthat public servants, police and South African citizens had of the humanitarianissues involved in dealing with immigrants, refugees and exiles.

Bishop Paul Verryn of the Central MethodistChurch said police displayed xenophobia and a lack of understanding of theissues faced by immigrants when they raided his church.

 David Cote, a human rights lawyer, said thefailure of the raid was due to the lack of tools available to police to accessdocuments or records and lack of understanding in dealing with foreignnationals. "International law is based on humanitarianism and gives protectionto those who do not get protection from their country or are exiled by theircountry."

 Cote cited the Musina detention centre whereillegal immigrants - after being hunted down by the army and border police -were detained without trial. South African law allowed for irregular entry forasylum seekers. But these people lived in fear of harassment and of theirdocumentation not being recognised by police, Cote said.

 The panel was made up of participants fromLawyers for Human Rights, the City of Johannesburg, the Zimbabwe Exiles' Forumand the Human Rights Commission (HRC) .

 Thuli Mlangeni, a Johannesburg councillor, saidthe city did not condone or overlook the issues raised by the raid. She saidthere had been a number of reports on xenophobic incidents. Workshops werebeing set up to teach frontline officers and public servants about foreigners'rights and how to deal with foreign nationals, specifically persons seekingasylum and refuge under section 22 and 24 of the Refugee Act of 1998.

 "Most policies involving foreigners are createdat a national level but implemented at a local level. This necessitatescommunication throughout all three tiers of government," she said.

 Mhlangeni said the home affairs departmentneeded to provide clarity on where it would open its migrant reception offices,so that provincial and local government could provide clear answers toforeigners who approached them seeking asylum or refuge. The city ofJohannesburg needed the partnership and expertise of interested nongovernmentalorganisations (NGOs) in addressing humanitarian issues of immigration, refugeand exile of foreign nationals , she said.

Mlangeni said a transitional shelter for womenand children would be set up but the city needed NGOs' help to create possibleexit strategies for the people.

 Darshan Vigneswaran, the discussion organiser,said if an illegal immigrant approached a police officer and sought asylum, thelaw stipulated the officer must facilitate his or her application for asylum orrefuge.

Joyce Tlou, co-ordinator of the nationalconsortium for refugee affairs at the HRC, said lack of documentation was anadministrative, not a criminal, offence. She said the way foreigners were beinghandled recalled apartheid laws, with police having a mentality of control.

Médecins Sans Frontières (Doctors withoutBorders) and Lawyers for Human Rights voiced concern over immigrants' lack ofaccess to healthcare. Many are being told health services do not take care ofthem because they are not citizens.