Industry concern over unintended consequences of new immigration legislation
Association of Southern African Travel Agents’ response to joint statement by the Department of Home Affairs and Department of Tourism
It is with growing concern that ASATA took note of the recently released joint press statement that was issued 31 July by the Ministers of Tourism and Home Affairs, confirming an implementation date of 1 October, despite acknowledging short falls in the ability of Home Affairs to meet their own objectives regarding various amendments to the Immigration Act.
On behalf of its members and South African travellers, who are now required to apply for unabridged birth certificates to travel internationally with their children under the age of 18, ASATA has repeatedly asked Home Affairs Minister Malusi Gigaba to consider a 12-month deferment of the implantation date and to meet with industry bodies to discuss the impact that this will have on our sectors.
A letter, signed by five of the countries top travel industry leaders, highlighting the concerns of the travel industry and the impact the new ruling would have, was also sent to Minister Gigaba 10 days ago. We have not received acknowledgement of receipt nor our request to meet. Furthermore, a request for assistance in clarifying some of the concerns raised, e.g. “travellers departing before the end of September but arriving back after the 1 October will they (the child) require an unabridged birth certificate?” has been sent to relevant Home Affairs representatives three weeks ago, to which we have yet to receive a response.
Although the Department of Home Affairs has stated a turn-around time of four to eight weeks to issue a new unabridged birth certificate, practice suggests these timelines are closer to between four and six months, depending on which Home Affairs office to apply too.
This and the lack of a clear communication has created a lot of confusion in our industry and for our clients, who are turning to us to assist in providing clarity.
While we stand behind any efforts to secure our borders and to protect our children in all instances, we have yet to see what research has informed government to introduce a requirement to carry an unabridged birth certificate as an additional travel document. Our extensive research has shown that no other country in the world has implemented a similar requirement.
In light of this, we question the effectiveness of this new requirement in meeting the Home Affairs’ objective to reduce child trafficking. A birth certificate is not a recognised travel document anywhere in the world; passports and visa’s serve that purpose, with the necessary process behind acquiring one to ensure that it is fit for that purpose.
Please let us be sure that the policies in place serve that purpose and do not have undue consequences.
Furthermore, we must ask that such an onerous new administrative regulation have an appropriate lead in time and a structured and collective consultative process with the travel and airline industries to avoid the inevitable confusion the premature implementation of said new rules will cause to the travelling public and our industry at large.
We therefore re-assert our call for a 12-month grace period in order to ensure minimal short-term disruption to our industry whilst maintaining the Department of Home Affairs objectives.