A/HRC/17/33/Add.4
in addressing the needs of these communities, in particular their access to water and
sanitation and the delivery of social services, such as health and education.
45.
The Special Rapporteur believes that serious incidents that took place throughout the
country in 2008 and 2009 demonstrate the need to develop a comprehensive immigration
policy at a regional level, and that the absence of such a policy will only exacerbate existing
tensions with the different communities, which could escalate into violence once again.
B.
Lack of data and statistics
46.
The Special Rapporteur expressed concern at the absence of thorough data and
statistics concerning not only the migrants present in the country but also the needs of the
labour market and demand for the services of migrant workers.
47.
The Special Rapporteur noted the difficulties in the collection and analysis of data
and statistics relating to migration. On many occasions, existing administrative data and
disaggregated statistics were not available or up to date. Data on the entry and exit of
foreigners and on residence permits, among other types of information, were difficult to
update, although new databases were being integrated into the Department of Home Affairs
management system. Beyond the efforts to compile more thorough data on the entry and
exit of migrants, a clear distinction should be made between immigration control and crime
prevention.
48.
The Special Rapporteur noted that other departments, especially those in charge of
the labour market and those providing social services, had not collected data systematically
and comprehensively, and that statistics on labour demand remained unavailable. The
Special Rapporteur was also informed that general population surveys and censuses were
conducted at intervals that were too distant and that the questions asked relating to labour
and migration issues were not collected during them.
49.
The Special Rapporteur believes that only with clear and disaggregated statistics will
the South African authorities be able to have a clearer picture of their foreign population
and the needs of migrant workers for their economy, and be able to make plans accordingly.
50.
The absence of data was particularly relevant when the Special Rapporteur was
informed on several occasions that foreign workers, especially Zimbabweans, accept
employment for lower wages and longer working hours, in conditions often in contradiction
with labour laws, and that labour brokers and contractors tend to give preference to these
groups to the detriment of nationals, who are already faced with high unemployment and
the effects of the economic crisis. These allegations could not, however, be corroborated by
clear and concise evidence owing to the absence of relevant data and statistics. The Special
Rapporteur reiterates the need to document labour migration in the different sectors of the
economy with data and statistics, so that the real situation can be identified and to ensure
compliance with labour laws and standards.
51.
The Special Rapporteur encourages measures at the regional level, such as within
SADC, in order to measure statistics on the labour demand, which is the driving force
behind economic migration, and to better regulate the supply of labour migrants with the
needs of the region. This will help to identify current and projected labour supply shortages
and surpluses by economic sector, occupation, region and province, and differentiate
between labour shortages that are structural from those that are seasonal or otherwise
temporary, which is crucial for the design and implementation of effective labour migration
policies.
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