Ministry of Home Affairs and Immigration - Home … MHAI Operational Framework for 2012-2013 Foreword The Ministry of Home Affairs and Immigration is a ministry that touches the lives

Ministry of Home Affairs and ImmigrationGOVERNMENT OF THE REPUBLIC OF NAMIBIA

Operational Framework for 2012-2013

MINISTRY OF HOME AFFAIRS AND IMMIGRATION

Head Office

Cohen Building, Kasino Street, WindhoekPrivate Bag 13200, Windhoek, Namibia

Telephone (+264) 061-2922111Fax (+264) 061-2922185

Website http://www.mha.gov.na

A digital version of this document is available on the Ministry’s website.

One of the current crucial undertakings of the Ministry of Home Affairs and Immigration: Over 12 million manually stored civil registration records are being scanned into a database linked to the National Population Register.

This document was developed and printed with support from UNICEF.

MHAI Operational Framework for 2012-2013 1

Contents

Foreword 2

Purpose of the Operational Framework 3

MHAI Core Mandate 3

Impact of Civil Registration Services and Immigration on Development 5

Civil Registration Services 5

Immigration Services 11

Directorate of Refugee Administration 12

Strategic Plan Findings 13

Composition and Staffing of National, Regional and Sub-Regional Offices 15

New Approved Management Structure 17

Key Achievements and Challenges 18

Civil Registration Services 18

Immigration Services 21

Short-term Technical Support Needs for 2012-2013 24

Current Approved Budget 25

Estimated Budget Needs for 2012-2013 – Above Approved MHAI Budget 25

Annex 1: Current Legislative Framework 26

Annex 2: Current MHAI Results Matrix 27

2 MHAI Operational Framework for 2012-2013

Foreword

The Ministry of Home Affairs and Immigration is a ministry that touches the lives of every individual in the

country, from birth to death. Every birth, every marriage and every death in Namibia should be registered by this Ministry. The Ministry is the custodian of national identity documents and citizenship records. Through the issuance of an identity, a child can access all the constitutional rights

and obligations that go with this status. Once a child has a birth certificate, he or she can access services offered by other departments, such as Health, Education and Social Welfare. The national development and socio-economic prosperity of Namibia relies on ensuring that children are able to access these rights.

Namibia is surrounded by five international borders and is part of a community of nearly 200 nations. Economic development is dependent on the inward and outward flow of people, investment and information. The Ministry is mandated to regulate lawful migration of persons, including foreign nationals who seek to enter Namibia, including those who want to work and reside in Namibia. The Ministry also has an international obligation to assist refugees and asylum seekers who cannot return to their country of origin because of a well-founded fear of persecution. The challenge faced by the Ministry is to manage immigration in a way that promotes economic, social and cultural development, without compromising the security of our country.

The Ministry of Home Affairs and Immigration aims to contribute to the socio-economic development of Namibia as articulated in Vision 2030 and the National Development Plan. This Operational Framework (2012-2013) indicates how the Ministry is meeting its obligations with the current approved budget, highlighting the short-term capacity requirements and interventions required over the next two years to fill the gaps.

Ambassador Patrick NandagoPERMANENT SECRETARYMinistry of Home Affairs and Immigration


The Framework is intended to convey the mandate and available resources of the Ministry of Home Affairs and Immigration (MHAI), its critical role towards

meeting the national development goals defined in the Millennium Development Goals and Vision 2030, and the short-term (2012-2013) capacity requirements and interventions required to meet these goals.

The Framework highlights key recommendations in the MHAI Strategic Plan, the composition and staffing of the Ministry’s national, regional and sub-regional offices, the new approved management structure which will come into effect in 2014, the key achievements to date and the challenges to be addressed.

The Framework focuses primarily on civil registration and immigration and border control concerns, and places on record the extra-budget strategies which have been recommended to address these concerns.

MHAI Core Mandate

The primary objectives of the Ministry of Home Affairs and Immigration are to manage and administer the National Population Register, facilitate lawful

migration, and receive and protect refugees and asylum seekers.

Targets1. Computerise the Ministry’s 12 million manually stored birth, marriage and

death records by 2014.2. Issue new highly secured birth and death certificates in all MHAI offices. 3. Reduce the waiting period for permits from the current 90 days to 60 days by

2014.4. Reduce the waiting period for citizenship application from the current 90 days

to 60 days by 2014.5. Register all border residents and issue them with Border Resident Cards by

2014.6. Appoint Regional Immigration Tribunals in all political regions by 2012.

Purpose of the Operational Framework


Goals and Strategies

Civil Registration Immigration Control and Citizenship

Goal Communities empowered to exercise their rights

Enhance internal security and maintenance of law and order through border control, facilitation of movements of persons, and protection of refugees.

Strategies Enhance service delivery capacity and training of staff members.

Establish sub-regional offices. Decentralise birth registration to

maternity wards (hospitals) and acquire mobile centres.

Decentralise issuing of death certificates.

Construct new border posts. Train staff. Renovate existing facilities. Acquire new IT infrastructure. Encourage voluntary repatriation of

refugees. Encourage resettlement of refugees. Develop infrastructure at reception

centre.

Mobile offices provide easier access to MHAI services.


Impact of Civil Registration Services and Immigration on DevelopmentCIVIL REGISTRATION SERVICES Key civic services provided by the MHAI include registration of births, issuance of identity documents and marriage and death certificates, and changing of surnames. Birth and death registration are particularly critical for the fulfilment of national development goals, given that they are a prerequisite for accessing services such as education, health and welfare services.

Birth RegistrationBirth registration gives a child an identity and is a prerequisite for a birth certificate. The regis-tration and certificate preserve the child’s identity – nationality, name and family relations – which helps to safeguard the child’s other human rights.

Securing the right to education and healthcare

Children are required to produce a birth certifi-cate for school enrolment. Some exceptions are made, but on the whole, schools require the birth certificates. Since the mid 1990s, over 93% of all eligible children have enrolled in primary school, with 85-95% of them completing Grade 5. The 97.4% net primary school enrolment drops to 54.5% in secondary school.1 There are various socio-economic reasons for school dropout, including teenage pregnancy, distance, hunger and poverty.2 Although there is no statistically significant correlation between primary school enrolment and birth registration, they are expected to be interrelated.

1 MGECW, Children and Adolescents in Namibia, 2010.2 Ibid.


Healthcare may be less easy to access without a birth certificate, or it may cost more (especially if a child has foreign parents). Access to antiretroviral drugs is conditional on Namibian citizenship, which excludes children of foreign parents. There appears to be a significant correlation between birth registration and health indicator outcomes: the rates for under-five stunting and malnourishment, the symptoms of Acute Respiratory Infections (ARI) and the prevalence of diarrhoea largely emulate birth registration rates in all cases.

CHART 1: BIRTH REGISTRATION AND PRIMARY SCHOOL ENROLMENT RATES

CHART 2: BIRTH REGISTRATION AND HEALTH OUTCOMES

Source: DHS 2006 and EMIS 2009

Source: DHS 2006


Protecting children who conflict with the law

A birth certificate can protect a child from prosecution as an adult, and ensure any special legal protection that should be made available to a child accused of a crime. Diversion programmes, whereby children who have committed an offence are kept out of prison, are a preferred option in Namibia. In 2008, 272 children were arrested for breaking various laws. Imprisoned children are kept in special facilities at regional prisons to make family visiting easier.3

Ensuring state benefits and participation in society

A birth certificate is necessary for a person to engage in society and to receive state benefits. It is a prerequisite for applying for a passport, an ID card, a marriage certificate and a driver’s licence, and for opening a bank account, applying for credit, applying for formal employment and inheriting property. It is also the gateway to participation in democratic processes, enabling a person to vote in elections and to stand for office. Namibians may qualify to receive certain state benefits, such as the universal pension for people aged over 60 and child welfare grants. In September 2010, over 118 000 children benefited from child welfare grants – approximately 80% of the estimated 155 000 orphans, or 50% of the estimated 250 000 orphaned and vulnerable children. The scale-up of child welfare grants is due in part to the improved availability of birth registration certificates.

3 MGECW, First, Second and Third Namibia Country Periodic Reports on the Implementation of

the UN Convention on the Right of the Child (1997-2008), 2009.

A BIRTH CERTIFICATE

ID CARD

PASSPORT

HELPS YOU WITH …

PENSION / WELFAREPAYMENT

DRIVER’SLICENCE

BANK

CARD

VOTER’SCARD

STATE HOSPITAL

SCHOOL

The first banner produced to publicise the birth registration campaign, launched in 2008.


Supporting national development

Namibia’s Vision 2030, launched by the President in June 2004, aims for “a prosperous and industrialised Namibia, developed by her human resources, enjoying peace, harmony and political stability”.4 A functioning civil registration system and establishment of a child’s identity play a vital role in development. A country that knows its trends in terms of births, deaths, marriages, divorces and fertility is able to analyse fertility and mortality rates by age, develop demographic projections and monitor development. Accurate population data facilitate development planning and policy formulation in education, health, housing, water and sanitation, employ-ment and industrial growth. The Millennium Development Goals (MDGs) underline the importance of registration systems: six of the eight MDGs are reliant on accurate estimates of fertility, mortality and causes of death to track progress. Coordination of immunisation, routine child growth monitoring, and enrolment in Early Childhood Development (ECD) programmes and primary education exemplify how registration strengthens a life-cycle approach to development.

4 National Planning Commission, Vision 2030, 2004.

CHART 3: BIRTH REGISTRATION AND CHILD WELFARE GRANT SCALE-UP

Source: MGECW & MHAI Programme Data 2010


Mitigating the impacts of HIV and AIDS

In a country with an estimated adult HIV antenatal care prevalence of 18.8%, birth regis tration is a critical HIV/AIDS impact mitigation mechanism for children who have lost their parents.5 Giving proof of identity to an orphan enables the caregiver to prove the child’s origin in order to claim child welfare and other grants, and to apply for school fee exemption. HIV/AIDS, poverty, a lack of birth registration and denial of other human rights probably have a complex interlinked relationship. There is a positive correlation between children aged 5-17 possessing all three basic material needs6 and birth registration rates: where there are high birth registration rates, children are accessing higher levels of basic material needs, and vice versa.

Furthering equity

Given that registration rates are usually lowest in areas with high levels of poverty, the paucity of population data in these areas may further exclude marginalised commu nities from social and economic life. Birth registration is a power-ful means to further equity as it is foundational for including marginalised and vulnerable com-munities, and for giving them a legal identity. Children of stateless people, migrants and refu-gees are often afflicted with multiple risks, and are left out. Birth registration is a fundamental way to give children an equal opportunity and the best start in life.

5 MoHSS, National Sentinel Surveillance, 2010.6 Shoes, two sets of clothing and a blanket.

CHART 4: BIRTH REGISTRATION, HIV ANC PREVALENCE AND 3 BASIC MATERIAL NEEDS

Source: MoHSS 2010 and DHS 2006


Strengthening the national ID system

Birth registration strengthens the national ID system by capturing population information which can be used to verify identities and reduce duplication and opportunities for fraud. Namibia has a sophisticated ID system in place, including advanced technology for capturing photographs and key information at regional and sub-regional sites. A reliable courier system delivers the information to the ID processing unit where the photos are linked to the other identifying information. The ID system requires a supportive functioning civil registration system and population registration system to verify each person’s identity. Linking the civil registration system to the National Population Registration System (NPRS) is a critical step for reliably verifying identities, minimising duplicates and preventing fraud. The MHAI has undertaken the scanning of all civil registration records into a database which is linked to the NPRS and will include all birth, marriage and deaths records and IDs.


The banner and poster produced in 2011 for display in MHAI offices and hospitals countrywide.


Between 1990 and 2010, the MHAI produced over 1.3 million identity docu ments. An ID document can be critically impor tant for service providers to verify a person’s iden-tity. The Ministry produces three types of ID cards: one for citizens, one for permanent residents and one for refugees.

Death RegistrationThe MHAI registers deaths at its regional and sub-regional offices, and has recently introduced death registration in nine of its 21 hospital-based birth registration facilities. Vulnerable children whose parents are deceased usually require the parents’ death certificates to access insurance payouts (where applicable), and as a first step to qualifying for child welfare grants.

IMMIGRATION SERVICES The purposes of the Department of Immigration Control and Citizenship are to facilitate lawful entry into and exit from Namibia, regulate the stay of foreign nationals in Namibia, facilitate filling of skill gaps in Namibia’s job markets by issuing work permits to expatriate workers, issue passports and grant citizenship. The Department is further charged to ensure that all persons who contravene the immigration laws are apprehended and brought before the relevant bodies that will order their deportation or mete out another appropriate form of punishment.

ID PRODUCTION 1990-2010

Period ID cards issued

1990-1995 111 326

1996-2000 289 885

2001-2005 362 850

2006-2010 583 681

Total 1 347 742

Hon. Rosalia Nghidinwa holding the first hospital birth registration register.

The Minister of Home Affairs and Immigration, Hon. Rosalia Nghidinwa, launching the first hospital-based birth registration facility in 2008.


To fulfil its mandate, the Department has to achieve three main objectives:

1. An efficient and well-organised immigration system to enhance economic development

In line with the governments of other modern economies, the Namibian Government recognises the need to attract foreign industries, businesses and a highly skilled labour force for continuous social and economic development. An efficient and effective permit system is essential for economic development. At the same time, a mechanism has to be in place to control the influx of foreign human resources in order to prevent a weakening of national human capacity. In Namibia, the Immigration Selection Board is responsible for approving the issuance of work permits. Chaired by the MHAI, the board is composed of representatives of the Office of the President, Ministry of Education, Ministry of Justice, Ministry of Labour and Social Welfare, Ministry of Safety and Security, and Ministry of Trade and Industries.

2. Promotion of tourism through a friendly and efficient border control system

Immigration officials are the first to meet tourists entering Namibia. A welcoming and friendly border post is the first feature that shapes a tourist’s overall experience of Namibia and later his/her promotions of the country.

3. Monitoring and controlling of migration to prevent crime

A resourceful and competent border control system is extremely important for monitoring and controlling the inflow of foreigners, and for preventing overstaying of foreigners, illegal immigrations, smuggling of migrants and trafficking of humans and drugs.

DIRECTORATE OF REFUGEE ADMINISTRATIONThe Directorate of Refugee Administration provides protection and support to all refugees and asylum seekers in Namibia. This is done in terms of the Refugee Recognition Act and the obligations placed on Namibia by international conventions relating to the treatment of refugees and displaced persons. The Directorate also coordinates and facilitates the voluntary repatriation of refugees to their countries of origin. It also receives Namibian returnees – today mainly from Dukwi Refugee Settlement in Botswana.


In July 2011 a strategic meeting was held in Swakopmund where strategic priorities were drafted for 2011/2012 in the light of the MHAI’s achievements to date and its current challenges. These priorites included the following:

Provision of accessible services

The MHAI has opened and equipped 19 out of a planned 21 hospital-based facilities. The Ministry is planning to open the remaining two offices before the end of the 2011. The establishment of additional sub-regional offices is underway, and immigration officers will be placed in more offices.

Digitisation of current manual systems to deliver responsive services

In 2011, the MHAI will take its first steps towards digitising birth, death and marriage registration. A new integrated National Population Register System (NPRS) has been designed by the Public Service IT Management Department in the Office of the Prime Minister. The new system caters for birth, death, ID and marriage information, and will be piloted in August 2011 in Khomas Region.

In the second and third phases of the project, the MHAI regional offices and the major hospital-based facilities will be connected to the NPRS system. The NPRS will address some of the Ministry’s current challenges relating to the storage and tracing of records, and to regional and national monitoring of progress.

The Ministry is also in the process of renewing the hardware and software of the Automated Fingerprint Identification System (AFIS), which is expected to be implemented before the end of 2011. A digitised visa and permit system is expected to be introduced in 2012.

Additionally, the Ministry aims to set up internet networks in all offices. The requisite IT environment has been set up in all regional offices and in the largest hospital-based offices. Communication via e-mail is continuously encouraged.

Enhance national document security

The Ministry will soon introduce new and more secure birth, death and marriage certificates. The certificates will be rolled out in stages during 2012/13. New visas, permits and passports with enhanced security features are also in the pipeline.

Strategic Plan Findings


Improvement of legal instruments

Many of the Ministry’s legal instruments are outdated, and hence fail to address the contemporary challenges in Namibia: the Births, Marriages and Deaths Registration Act 81 of 1963 is an apartheid-era Act which does not address the multi-cultural issues which characterise Namibia today. The Marriage Act, Immigration Control Act and Namibian Citizenship Act are currently being amended separately. Initial consultations for an overall review of the Ministry’s legal instruments have started with the Legal Assistance Centre (LAC). This review will be beneficial as most of the Acts are interrelated and a systematic review will save transaction costs.

Improvement of human capacity and work environment

The MHAI recognises that building staff capacity is a high priority if it is to fulfil its mandate and become a world-class ministry, and that maintaining productive labour relations is equally important. To improve staff performance, customer care courses are conducted for staff members, and a small computer room will be set up to ensure that all staff members have basic computer skills.

Close partnership exemplified: Eunice Heita, MHAI clerk at Katutura Hospital, and Sister Finis who works in the maternity ward.


Composition and Staffing of National, Regional and Sub-Regional Offices

The MHAI currently consists of 2 Departments with Directorates, and 2 stand-alone Directorates:

Department of Civil RegistrationDepartment of Immigration Control and CitizenshipDirectorate of AdministrationDirectorate of Refugee Administration

The Ministry currently has a total staff complement of 822.

Department of Civil Registration

This Department is responsible for issuing birth, marriage and death certificates, and ID cards. It currently has 214 staff members countrywide. It has 2 Directorates:

1. The Directorate of National Civil Registration, responsible for monitoring marriage officers, administering changes of surnames and correcting particulars on certificates. Currently it has 11 staff members.

The Directorate’s Division for Regions is responsible for 13 regional offices, 25 sub-regional offices and 21 hospital-based facilities.

The regional offices register births and deaths, and process ID and passport applications. There are 3-5 staff members per office.

The sub-regional offices register births and deaths. There are 1-2 staff members per office.

The hospital-based facilities register births of children aged under 1 year. So far, nine of these facilities also register deaths. There are 1-2 staff members per hospital-based facility.

2. The Directorate of National Population Register, Identification and Production, responsible for issuing ID cards. Currently it has 24 staff members.


Department of Immigration Control and Citizenship

This Department is responsible for the management of borders and deportations. It currently has 401 staff members countrywide. It has 2 Directorates:

1. The Directorate of Immigration and Border Control, facilitates lawful entry into and exit from Namibia. Currently it has 352 staff members.

2. The Directorate of Visas, Permits, Passports and Citizenship, issues temporary and permanent permits to foreigners. Currently it has 19 staff members.

Directorate of Administration

This Directorate has 5 Divisions:

1. Division of Human Resources – 10 HR practitioners and 180 cleaners. 2. Finance Division – 9 staff members. 3. Procurement Division – 4 clerks.4. Transport Division – 2 clerks.5. Division of Information Technology (IT) Management – responsible for IT

technical support and maintenance of all computers and computerised systems, e.g. the National Population Registration System (NPRS), Passport System and Automation Project. The Division is staffed by a Deputy Director and 5 technicians.

Directorate of Refugee Administration

This Directorate ensures protection and support to all refugees and asylum seekers. Currently it has 5 staff members – 2 stationed at Osire Refugee Camp and 3 at Headquarters.

Finance Division

Procurement Division

Transport Division

Division of IT Management

DEPARTMENT OF CIVIL

REGISTRATION

DEPARTMENT OF IMMIGRATION CONTROL AND CITIZENSHIP

DIRECTORATE OF ADMINISTRATION

DIRECTORATE OF REFUGEE

ADMINISTRATION

Division of Human Resources

Directorate of National Civil Registration

Directorate of National Population Register, Identification and

Production

Division for Regions

Directorate of Immigration

and Border Control

Directorate of Visas, Permits, Passports and

Citizenship


New Approved Management Structure

A new MHAI management structure was approved by the Office of the Prime Minister and the Public Service Commission in 2011.7 The budget for filling

the newly created posts will be made available in 2013/14.

The new structure is required largely because the Ministry has opened 43 sub-regional offices as well as 21 hospital-based facilities for birth registration, and this expansion is stretching the existing human resources, with staff having four times as many offices to run. The new structure will remedy this situation chiefly by decentralising services to the regions.

The new structure consists of two Departments: the Department of Civil Registration and the Department of Immigration Control and Citizenship.

In contrast to the old structure, each Department will have an Under-Secretary rather than a Deputy Director. Another change is that the regional offices will be run by Deputy Directors rather than a Chief Control Officer and Chief Clerks.

The new structure will further decentralise population services, immigration services and support services such as IT and fingerprinting. The Department of Civil Registration will register births and deaths in all of the newly established sub-regional offices, thereby removing the need to register at a magistrate’s court as has been the practice in areas where previously there was no sub-regional office.

The Department of Immigration Control and Citizenship will post immigration officers at more offices, and will also open additional border posts.

The new structure will also address the growing demand for a well-functioning IT environment, which is due to the introduction of the National Population Registration System (NPRS). In future, IT technicians will be stationed in the regions to enable the Ministry to respond promptly to IT needs.

7 The previous structure was instituted in 1990 when the then-named Ministry of Home Affairs

consisted of a Department of Civic Affairs, a Department of Police and a Department of Prison

Services. Although the number and names of the Departments have changed over time, the basic

structure of centralised services and regional offices has remained the same.


Key Achievements and ChallengesCIVIL REGISTRATION SERVICESThese services comprise the provision of national documents – birth, marriage and death certificates and ID cards – and the management of records thereof. These services and the other activities of the Department of Civil Registration are crucial for ensuring that the Government has the demographic information it needs for planning purposes.

AchievementsWith over 80% of children in Namibia born in health facilities, the MHAI has adopted an innovative – and logical – approach to making birth registration (BR) more accessible to parents by providing BR facilities in high-volume hospitals. This unique approach to accelerating BR complements the existing registration system in stand-alone MHAI offices and the mobile campaigns conducted to reach children and families in hard-to-reach areas. Two key aims in adopting this three-pronged multi-sectoral approach is to increase BR levels for children under 5 years of age from 67.4% (DHS 2006) to approximately 75% in under two years, and to ensure more efficient, timely and accessible registration.

Expansion of birth and death registration

Since 2008, UNICEF has supported the opening of 21 (out of a possible 34) hospital-based offices across the country. Most of these offices are in areas with low BR rates. Of the 21 offices, 19 are fully functional at the time of writing. UNICEF has also provided technical and financial support to 18 newly established sub-regional MHAI offices in areas where it is not cost-effective to set up separate hospital-based offices. The number of children registered at the hospital-based offices has increased steadily since 2008, with 23 575 registered in 2010. Data analysis confirms that since the introduction of the hospital-based offices, births are being registered earlier. So far, 9 of the 21 offices also register deaths.

Total number of children registered at

hospital-based facilities 2008-2010

2008 1 748

2009 8 003

2010 23 575


Integration of birth registration information into Antenatal Care (ANC) and Post-natal Care (PNC)

Responding to the challenge of low BR rates at many hospital-based facilities, the MHAI consulted with management of the Ministry of Health and Social Services (MoHSS) and regional ANC and PNC staff, whereafter information on BR (i.e. ‘why’, ‘where’ and ‘how’) was incorporated into ANC and PNC sessions. Also, it has been agreed that MHAI staff will accompany MoHSS staff in conducting health outreach programmes, especially in rural areas.

Digitisation of the birth, marriage and death (BMD) registration system

The MHAI is busy scanning approximately 10 million BMD registration records and linking them to the National Population Register System (NPRS). In addition, new and more secure BMD certificates are being introduced to reduce fraud and duplication of entries, and to provide vital data to the Government for national planning and decision-making. These steps will greatly enhance BMD registration and service delivery. UNICEF has provided technical and financial support for introducing the new certificates, and for linking the civil registration database to the NPRS. This linking will be done through a dedicated internet server and computer processors provided by UNICEF.

Strengthening of inter-sectoral cooperation to reach vulnerable children

To access critical services (including education and child welfare grants), children require a birth certificate. Given the bottlenecks in ensuring that children access these services, the MHAI is beginning to work closely with the Ministry of Gender Equality and Child Welfare (MGECW) to ensure that the births of orphans and other vulnerable children are registered, and that the deaths of their parents are registered.

Reaching the most vulnerable with birth certificates

Mobile campaigns in hard-to-each areas registered over 16 000 vulnerable children in 2009 and 22 000 in 2010. During the most recent flood emergency, MHAI staff conducted registration campaigns in the relocation camps in Caprivi Region and registered 335 children in those camps. Further, during monitoring field visits, a high number of children found to be unregistered were registered. With UNICEF technical assistance, an agreement was reached with the National Agricultural Union (NAU) for the distribution of information on the importance of BR and mechanisms for registering births through farmers.


Strengthening of the national monitoring and evaluation system

The MHAI has set up a monitoring system through which BR data is regularly collected, filtered and filed. Previously, essential birth and death registration information was not collated at national level. The Ministry also included key BR questions in the questionnaire used for the National Population and Housing Census conducted in August/September 2011.

Production of communication materials on birth registration

The public and service providers have not been fully aware of the BR services avail-able and how to access them. To raise awareness, the MHAI sought and received assistance for developing, trans lating (into 4 languages) and printing com mu-nica tion materials including booklets, comics, posters and banners, which are being distributed through cross-sectoral user service points such as clinics, social worker offices and BR facilities.

Challenges1. BR rates are estimated to be around 75%, but an increase is doubtful unless

certain structural hindrances are addressed – see the next 3 points. 2. Late registration of a birth is problematic as it results in the child being denied

access to critical services. Late registration is due to a combination of factors including cultural practices, ignorance of services and the necessity of being registered, long distances to registration facilities and poverty. High numbers of children are being registered late, and some are not registered at all.

3. Legislation guiding the registration process (the Births, Marriages and Deaths Registration Act 81 of 1963) is outdated and unable to respond to the complexity of issues facing a society living with the burden of HIV and AIDS.

4. The MHAI itself receives one of the lowest percentages of the national budget, at 0.6% of GDP expenditure. This is on a par with the Electoral Commission. While the Ministry has approval for additional senior-level posts as from 2013/14, it does not have immediate adequate capacity to universalise birth and death registration, and has not yet critically considered what can be done to address this problem.

Booklets produced by the Legal Assistance Centre in cooperation with the MHAI


IMMIGRATION SERVICESThe overall purpose of the Department of Immigration Control and Citizenship is to manage migration into and out of Namibia, and control the country’s borders. In other words, it facilitates lawful migration by controlling the ports of entry and exit, and tracing, apprehending and deporting illegal immigrants. Its mandate includes considering applications for and issuing various categories of visas and permits in terms of the Immigration Control Act 7 of 1993, considering applications for and issuing national passports, and considering applications for and granting citizenship.

Achievements

The Department of Immigration Control and Citizenship facilitates the entry into and exit from Namibia of approximately 3.4 million travellers annually.

More than 144 000 passports and travel documents in total were issued in the period 2007-2010, and 154 427 permits were granted to foreigners in the same period.

In the period 2009-2010, 152 immigration officers attended a range of capacity training courses including the Immigration Basic Training Course and courses on migration policy, international refugee law, human trafficking and immigration procedural manuals.

A new Border Control Management System has been installed at 80% of the entry points, and is linked to one central server. The system provides real-time data on people arriving in and departing from Namibia.

The Department has introduced a Standard Operational Procedure Manual for immigration officers at border posts. Training on the manual is ongoing for the relevant staff.

The Directorate of Passports and Citizenship has introduced a new passport- issuing system which is also capable of personalising e-passports. The system is working well, and is responsible for accelerated issuance of passports. In addition, the Directorate is implementing a new system for computerising the issuance of all permits.

Namibia and Angola have agreed to open 26 crossing points and seven ports of entry. The crossing points will be used mainly by persons defined as “border residents”.

The following tables provide figures on arrivals in and departures from Namibia in 2010 and 2011, and the numbers of passports and permits issued in the period 2007-2010.


ARRIVALS IN NAMIBIA IN THE PERIOD 1 APRIL 2010 TO 31 MARCH 2011

Regions North South North-east Central Total

Namibian Citizens 110 654 140 524 73 109 108 107 432 394

PRP* Holders 304 5 900 1 254 10 005 17 463

TRP,* EP* & SP* Holders 1 193 12 357 10 066 25 479 49 095

Tourist / Holiday / Recreational 56 693 79 399 40 251 184 214 360 557

Visiting Friends / Relatives 75 233 54 973 184 285 68 760 383 251

In Transit / Stopover 1 596 3 544 24 586 15 890 45 616

Business / Prof. / Conference 222 40 609 7 788 72 286 120 905

Diplomats 259 158 476 4 118 5 011

Others 189 099 2 125 50 967 2 032 244 223

Total 435 253 339 589 392 782 490 891 1 658 515

DEPARTURES FROM NAMIBIA IN THE PERIOD 1 APRIL 2010 TO 31 MARCH 2011

Regions North South North-east Central Total

Namibian Citizens 147 471 137 185 94 492 112 465 491 613

PRP Holders 261 5 421 1 549 8 599 15 830

TRP, EP & SP Holders 1 319 11 630 12 049 24 761 49 759

Tourist / Holiday / Recreational 50 324 74 458 28 338 196 957 350 077

Visiting Friends / Relatives 77 481 52 452 173 739 62 988 366 660

In Transit / Stopover 1 864 2 111 20 058 12 098 36 131

Business / Prof. / Conference 202 39 581 5 084 64 906 109 773

Diplomats 266 239 649 3 450 4 604

Others 189 099 1 801 39 986 1 342 232 228

Total 468 287 324 878 468 287 487 566 1 656 675

PASSPORTS ISSUED IN 2007-2010

Types of passport Number

Namibian ordinary passport 142 152

Travel documents 330

Official passports 1 285

Diplomatic passports 528

Emergency travel certificates 130 933

Total 275 228


PERMITS ISSUED IN 2007-2010

Types of permit Granted Rejected

Employment permits 22 240 1 317

Permanent residence permits 76 21

Ordinary residence permits 5 308 39

Student permits 19 067 25

Work visas 105 0274 1 996

Holiday visas 2 462 72

Total 154 427 3 470

Challenges The Departure from Namibia Regulation Act and the Immigration Control Act are

not sufficiently recent to meet the current challenges of immigration. The MHAI is being challenged relatively regularly in the law courts due to legal provisions which present the State with difficulties in the management of immigrants. In particular, the provision providing for domicile and a certificate of identity should be reviewed to prevent the practice of marriages of convenience.

A birth certificate is an important verification document when a person applies for citizenship. Under the current system, however, using a birth certificate as proof of citizenship can be problematic: it can result in a child born to foreigners not being registered, or being labelled on the birth certificate as a “non-citizen” when this may not be the case.

There is a need to introduce a new law providing for the issuance of passports. Currently the issuance of passports is guided by an executive instruction, which at times presents problems for regulating the issuance of passports.

Along with the expansion of immigration services, the need for more logistical and operational equipment (office equipment and vehicles) grows.

The unfenced border between Namibia and Angola is a cause for concern and should be addressed. The proposal to register “border residents” presents new challenges, and support is needed to address these consultatively.

Many cases of stamp forgery have been detected. There is an urgent need to move away from stamps to stickers with various security features.

* Abbreviations used in the tablesPRP Permanent Residence Permit TRP Temporary Residence PermitEP Entry Permit SP Special Permit


Short-term Technical Support Needs for 2012-2013

The Office of the Prime Minister and the Public Service Commission have approved a new management structure for the MHAI, but the Ministry of Finance has

yet to approve the budget. As the MHAI’s current three-year budget has been approved, the next opportunity for budget approval will be in 2012 for 2013/14. It is critical that several short-term technical capacity needs and strategic priorities be attended to as soon as funding is available. These are as follows:

1. Organisational Development Review of the MHAI: This will be a background study that will contribute greatly to the Ministry’s capacity-building efforts. The overall objective of the review is to help the Ministry to adopt a strategic approach to fulfilling the tasks assigned to it by the relevant legislation in an efficient and effective manner. The main aims of the review will be: (a) to provide an in-depth analysis of the current organisational structures and functioning; (b) to assess organisational development needs; and (c) to provide specific recommendations for improvements. The review will explore MHAI leadership and management, organisational structures and their roles and responsibilities, key processes, and values and expectations that affect performance.

2. Provision of external technical advisory assistance to structures responsible for population services and immigration: The purpose of this assistance will be to help the MHAI in its transition to the new approved structure, and particularly to help the Ministry to utilise the additional human resources efficiently. Capacity building and training of existing and new staff members will be required.

3. Comprehensive review of current legislation: The existing laws do not provide the clear guidance and legislative framework needed for the MHAI to meet its responsibilities systematically. It is recommended that the following laws be reviewed collectively:

Births, Marriages and Deaths Registration Act 81 of 1963 Marriage Act 25 of 1961 Aliens Act 1 of 1937 Departure from Namibia Regulation Act 34 of 1955 Namibian Citizenship Act 14 of 1990 Immigration Control Act 7 of 1993 Namibia Refugees (Recognition and Control) Act of 1999 UN Convention and Protocol relating to the Status of Refugees


4. Strengthening of operational and logistical support: The strengthening envisaged will improve border security and control of illegal immigrants, and reduce drug and human trafficking.

5. Communication campaign to minimise applications for late registration of birth: In 2010, over 45% of all births registered in Namibia were registered late. The MHAI aims to register all children within 12 months of birth. A national campaign is needed to change the ‘late registration culture’ in Namibia by ensuring that all residents understand the purpose and importance of registering every child immediately after birth.

CURRENT APPROVED BUDGET FROM THE STATE REVENUE FUND (N$ MILLION)

2008/09 2009/10 2010/11 2011/12 2012/13 2013/14

Operational Budget 110 198 112 240 134 854 199 345 179 543 476 154

Development Budget 41 543 40 543 39 700 37 872 53 127 87 218

Development Partners 0 0 0 0 0 0

Total 151 741 152 783 174 284 237 217 232 670 563 372

Source: Budget Speech 2011

In the 2011/12 budget vote, the MHAI’s budget is equal to 0.6% of Government expenditure (see Estimates of Revenue and Expenditure 2010/11, p. 21).

ESTIMATED BUDGET NEEDS FOR 2012-2013 – ABOVE APPROVED MHAI BUDGET (US$)

Activity 2012 2013 Total

Organisational Development Review

Undertaking review and implementing recommendations 90 000 50 000 140 000

External Technical Advisory Support to Departments

Technical advisor positions to immigration department 150 000 150 000 300 000

Technical advisor position to population services department 150 000 150 000 300 000

Comprehensive Legislative Review

Consultative review process at national and regional levels, engaging with public and key stakeholders

75 000 75 000

Technical legal expertise to amend/revise Acts 75 000 25 000 100 000

Technical legal expertise to draft accompanying Regulations 25 000 100 000 125 000

Strengthened Operational and Logistical Support

Office equipment for immigration offices 50 000 50 000 100 000

Logistics – 4 vehicles 150 000 150 000 300 000

Communication Campaign

Research and implementation 150 000 150 000 300 000

GRAND TOTAL REQUESTED 1 065 000 975 000 2 040 000


Annex 1: Current Legislative Framework

ACT WHAT IT LEGISLATES FORRATIONALE FOR REVIEW AND POTENTIAL IMPACT

Births, Marriages and Deaths Registration Act 81 of 1963

This Act governs the registration of births, marriages and deaths in Namibia. This includes registration of birth and late registration of birth, registration of death, registration of marriage, and change or alteration of names, surnames and ages.

The Act does not address contemporary social circumstances and has gender-discriminatory clauses. The term content of the father needs to be clarified, rules for registration of unregistered orphans and abandoned children need to be included, and the law should provide for traditional name giving of surnames. Registration of foreigners also needs to be clarified.

Marriage Act 25 of 1961 This Act covers the solemnisation of civil marriages.

The Act does not protect against fraudulent marriages of convenience.

Namibian Citizenship Act 14 of 1990

This Act regulates the acquisition of citizenship within the constitutional framework.

The Act needs revisions to align it with recent court judgements and to prevent fraud.

Immigration Control Act 7 of 1993 and Aliens Act 1 of 1937

This Act regulates the entry of all persons and the stay of foreign nationals in Namibia.

These Acts need to be combined and strengthened in order to address contemporary issues relating to human trafficking and migrant smuggling.

Departure from Namibia Regulation Act 34 of 1955

This Act regulates departure from Namibia.

The Act needs to be strengthened to address contemporary issues


Annex 2: Current MHAI Results MatrixDEPARTMENT OF CIVIL REGISTRATION

Objectives Activities Results Partnership

Deliver responsive customer service

To provide a more efficient service, all birth, death and marriage certificates are scanned and computerised.

8 million records have been scanned, of which 1,5 million have been indexed.

The project is partly outsourced to the Document Warehouse.

Decentralise services

Opening of new hospital-based facilities and sub-regional offices

25 sub-regional offices and 19 hospital-based facilities are fully operational, and 2 more hospital-based facilities and 6-8 sub-regional offices will be opened.

The hospital-based facilities have been opened in partnership with the MoHSS and with support from UNICEF.


Design and ordering of new highly secured birth, marriage and death certificates

The new certificates will be delivered in September 2011 and implemented in 2011/12.

The certificates have been printed by the Russian company OPCION. UNICEF has provided funding for one year’s worth of birth certificates.

Minimise late registration of children

Opening of new facilities in hospitals and rural areas

There has been a 75% increase in the registration of births before children turn 1 year old.

The hospital-based facilities have been opened in partnership with the MoHSS and with support from UNICEF.

Improve legal instruments

The Births, Marriages and Deaths Registration Act is outdated and urgently in need of review.

An internal workshop has been held to discuss current legal challenges.

The Ministry of Justice and the Legal Assistance Centre have provided legal support to locate current legal challenges in the legislation.


DEPARTMENT OF IMMIGRATION CONTROL AND CITIZENSHIP



Drafting of amendments to the Immigration Control Act and the Departure from Namibia Regulation Act

Drafting of the amendments has commenced.

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Open additional border posts

Opening of additional border posts

40% of the planned border posts have been opened.

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Develop infrastructure

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DIRECTORATE OF VISAS, PERMITS, PASSPORTS AND CITIZENSHIP



Drafting of new Passport Bill and Citizenship Act

Discussion and consultations have taken place.

The Legal Assistance Centre has given input on the Citizenship Act.


Introduction of new visa and permits

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This document was developed and printed with support from UNICEF.

The Minister of Home Affairs and Immigration, Hon. Rosalia Nghidinwa, holding a baby whose birth was registered in one of the Ministry’s hospital-based registration facilities during the UNICEF-supported countrywide birth registration campaign in 2009. The Minister is pictured with the Minister of Health and Social Services, Hon. Dr Richard Kamwi, and UNICEF Namibia Representative Ian MacLeod.

The Deputy Minister of Home Affairs and Immigration, Hon. Elia Kaiyamo (right), the Head of the MHAI Department of Civil Registration, Lydia Kandetu, and Matthew Dalling of UNICEF. Posters promoting the birth registration cam-paign are displayed on all MHAI vehicles.

Hon. Rosalia Nghidinwa talking to children during a visit of a ministerial delegation to Kilimanjaro informal settlement in Windhoek in 2011. The Ministry conducted a mobile campaign to register unregistered children in the settlement in 2010. Most of the 65 children registered were not attending school, and 35 of them returned to school after being registered.

Celebrating the registration successes a

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Ministry of Home Affairs and ImmigrationGOVERNMENT OF THE REPUBLIC OF NAMIBIA

Our Core ValuesCOMMITMENT – to service delivery excellence

ETHICS – punctuality, customer care, professionalism and transparency

SYNERGY – teamwork, coordination and communication

Documents

Ministry of Home Affairs and Immigration - Home … MHAI Operational Framework for 2012-2013 Foreword The Ministry of Home Affairs and Immigration is a ministry that touches the lives