Our Comments on the One Stop Border Post Bill

We welcome the opportunity to provide written comments on the One Stop Border Post Bill (hereafter ‘the Bill’) to the Department of Home Affairs (hereafter ‘the Department’). Our comments are based on our extensive experience in the area of refugee and migrant rights and our day-to-day engagement with people on the move. We hope our submission assists the Department in increasing efficiency and addressing the considerable challenges at our border posts.

The current submission on the Bill follows our 2021 submission on the Department’s ‘One Stop Border Post Policy’. We welcome both the Policy and the Bill’s aims to establish more efficient processes at critical border posts around the country. Such an endeavour can increase regional integration and harness migration for development as stated in the National Development Plan and aligns with the 2017 White Paper on International Migration’s emphasis on an ‘African-focused’ migration policy. Further, it can further facilitate freedom of movement within the SADC region as envisaged by the SADC Protocol on the Facilitation of Movement of Persons as well as the African Union’s Agenda 2063 which calls for the abolishment of visa requirements across Africa.

Our submission covers several issues of concern with the Bill as they relate to asylum seekers, refugees and other people on the move in the context of proposed ‘One-stop border posts’ (OSBP). These concerns include the lack of mechanisms to prevent bribery and corruption; lack of reference to human rights and international public law when officials exercise powers; and the potential for unlawful actions within common control zones against people on the move.