E/CN.4/1999/15/Add.1 page 21 (a) These leaders are echoing their electorate, which also gives them the opportunity to find a scapegoat for the consequences of the difficulties they are experiencing in finding an immediate solution to the country’s socioeconomic problems; (b) The negotiations in the context of the transition to democracy. Responsibility for immigration rests mainly with two ministries, the Home Affairs Department (in the hands of the Inkhata Freedom Party) and the Foreign Affairs Department (which answers to the ANC). Before coming to power, many leading figures in the ANC owed their salvation to exile as the only alternative to imprisonment. Some of the party’s leaders therefore now adopt a more relaxed policy towards illegal immigrants and do not hide their opposition to the treatment currently being meted out to foreigners. However, because of the numerous matters of national importance which attracted bitter debate during the constitutional negotiations (the ANC and the IFP clashed with particular fervour on the subject of regionalism), other matters considered to be of less immediate importance, such as immigration, have been sidelined somewhat as part of a “soft” consensus, in order to avoid further conflicts (this is why the ANC has not adopted a radical stance in the face of much of the IFP’s policy under the iron fist of the Interior Minister, Mr Mangosuthu Buthelezi). 77. On the whole, it would seem that recognition of immigrants’ rights is currently regarded, by both public opinion and certain politicians, as a luxury that cannot be afforded by a country of limited resources which also has urgent social problems emanating from the long years of oppression. IV. MEASURES TAKEN BY THE GOVERNMENT 78. The government has set up a working group on international migration to discuss the problems relating to immigration into South Africa and find solutions. On 13 May 1997, the working group submitted its report to the Ministry of the Interior (Draft Green Paper on International Migration), in which it noted in particular that “the design and implementation of immigration policy must (…) be faithful to the new Constitution and the Bill of Rights. It must also be consistent with our commitment to upholding universal human rights, administrative justice and certain basic rights for all people who are affected by the South African State”. 79. The working group maintains that “the challenge for South Africa is to transform a racially-motivated immigration/migration system into a non-racial and rational policy responsive to the objective needs of the country”. It has rightly pointed out that, apart from political rights like the right to vote or certain economic rights like the right to practise a trade, occupation or profession, all other rights guaranteed by the South African Constitution and Bill of Rights apply equally to any person living in South Africa, and not exclusively to its citizens. Consequently, the basic rights of migrants without identity papers must be respected. Africa.” Moreover, all parties (including the ANC) support the idea that “South Africa should not relax its laws dealing with immigration by persons from southern Africa.”