By Anna Chibamu
HOME Affairs Minister, Kazembe Kazembe says it is imperative to explore and implement alternative measures that prioritize the dignity and human rights of all individuals, regardless of their migration status.
Addressing participants during a workshop on International Migration Day at Mana Resort in Harare last week, Kazembe said, whilst migration was a complex global phenomenon that require comprehensive and compassionate approaches, detention may sometimes be necessary for specific cases, but there must be other dignified ways to deal with offenders (migrants) other than incarceration.
International Migration Day is celebrated on 10 December each year.
“The Inter-Ministerial Committee on Migration must ensure that the nexus between migration and development in Zimbabwe is mainstreamed and that there is coherence and coordination on migration governance across policies, laws and institutions.
“As we are all aware, it is imperative that we explore and implement alternative measures that prioritize the dignity and human rights of all individuals, regardless of their migration status.
“In upholding rights of migrants, we agree in principle, process and practice that detention of any migrant who has committed administrative offenses, must be used as a measure of last resort,” Kazembe told workshop participants.
The minister admitted, however, that in pursuing the objective of ensuring safe, orderly and regular migration and cognizant of merging migration trends and patterns, “it has been increasingly apparent there are mixed migration flows which require a case management approach as some migrants are in essence stranded, undocumented, asylum seekers, women or children with peculiar vulnerabilities.”
In this regard, the Home Affairs ministry, working with the office of the Attorney General, has made significant strides in ensuring that legal instruments under its purview are aligned to the Zimbabwe Constitution, which broadly embraces the rights of all Zimbabweans and migrants.
The minister highlighted that the establishment of the Gender Based Violence Call Centre (GBCC) at Immigration Headquarters sought to uphold migrant rights by ensuring migrants in vulnerable situations have access to prompt assistance.
Also, the Zimbabwe Immigration Act (Chapter 4: 02) has inherent provisions that accord migrants detained the right to contest their detention, or challenge prohibition deeming orders instituted on them.
“Where a detention has been contested, decisions made by the court have at all material times been honoured. Through the Taskforce on Criminal Justice chaired by Justices of the High Court, all migrant detentions in Zimbabwe are subject to judicial oversight and cases of arbitrary detention are yet to detected,” added Kazembe.
The Public Service ministry has been instrumental in the provision of shelter to children of detained migrants in line with the principle of non- detention of minors.
Zimbabwe, as a United Nations member state has high regard to the Global Compact on Migration (GCM), which guided the formulation of the National Migration Policy.
“Even though the principles in the GCM are non-binding, they largely resonate with Zimbabwe’s development agenda, hence their incorporation into Zimbabwe’s National Migration Policy,” stated Kazembe.
According to him, the on-going rolling out of the Online Border Management System has enhanced the capacity of the Department of Immigration to profile, screen and monitor prohibited persons and other irregular migrants and potential irregular migrants through proactive tools such as the Passenger Name Record (PNR), Advance Passenger Information (API) and INTERPOL’s i/24/7.
“While these efforts are commendable, we are convinced that more can be done in advancing migrant rights.”
Further, he said “the Immigration Department had developed Standard Operating Procedures, ensuring that the
detention of any migrant is a product of due process, only sanctioned at level of an Assistant Regional Immigration Officer or Regional Immigration Officer.
“It is for this cause that the ministry’s policy objectives include ensuring the effective protection of migrant rights through effective application of regional and international best practices.”
The workshop provided an opportunity to learn from experiences of other United Nations (UN) Member States and determine what practices can be adapted to the Zimbabwe scenario and it was graced by the International Organisation for Migration (IOM) director general, Amy Pope who visited the country last week.
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