TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE

Transcription

1 ZIMBABWE Prmting Migratin Gvernance in Zimbabwe TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE This prject is implemented by the Internatinal Organizatin fr Migratin This prject is funded by the Eurpean Unin

2 The pinins expressed in the reprt are thse f the authrs and d nt necessarily reflect the views f the Internatinal Organizatin fr Migratin (IOM). The designatins emplyed and the presentatin f material thrughut the reprt d nt imply the expressin f any pinin whatsever n the part f IOM cncerning the legal status f any cuntry, territry, city r area, r f its authrities, r cncerning its frntiers r bundaries. IOM is cmmitted t the principle that humane and rderly migratin benefits migrants and sciety. As an intergvernmental rganizatin, IOM acts with its partners in the internatinal cmmunity t: assist in meeting the peratinal challenges f migratin; advance understanding f migratin issues; encurage scial and ecnmic develpment thrugh migratin; and uphld the human dignity and well-being f migrants. Publisher: Internatinal Organizatin fr Migratin 4 Duthie Rad, Alexandra Park Harare Zimbabwe Tel.: /88/90 imhre@im.int Website: Internatinal Organizatin fr Migratin (IOM) All rights reserved. N part f this publicatin may be reprduced, stred in a retrieval system, r transmitted in any frm r by any means, electrnic, mechanical, phtcpying, recrding, r therwise withut the prir written permissin f the publisher. 37_18

3 TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE This prject is implemented by the Internatinal Organizatin fr Migratin This prject is funded by the Eurpean Unin

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5 CONTENTS List f Figures...v List f Tables...v Acrnyms and Abbreviatins...vi Executive Summary...vii Chapter 1 Intrductin and Backgrund Intrductin The Migratin Cntext in Zimbabwe Prmting Migratin Gvernance in Zimbabwe Prject...2 Chapter 2 Methdlgy f the Technical Needs and Capacity Assessment Ratinale fr the Technical Needs and Capacity Assessment Objectives f the Technical Needs and Capacity Assessment Methdlgy f the Technical Needs and Capacity Assessment Migratin Gvernance Framewrk African Unin Migratin Plicy Framewrk Migratin Gvernance Stakehlders Cnsultative Wrkshp Migratin Gvernance Stakehlders Validatin Wrkshp...9 Chapter 3 Technical Needs and Capacity Assessment Findings Status f Migratin Gvernance in Zimbabwe Glbal and Reginal Cntexts f Legal Instruments n Internatinal Migratin Ratificatin and Dmesticatin f Glbal and Reginal Instruments n Internatinal Migratin Natinal Migratin Legislatin Framewrks Immigratin Act Trafficking in Persns Act Migratin Plicy Framewrks and Their Implementatin Mechanisms Natinal Diaspra Plicy...15 Diaspra Sectr Analysis...15 Analysis f Cnstraints in the Sectr...16 Recmmendatins fr Strengthening the Operatinalizatin f the Natinal Diaspra Plicy Draft Natinal Labur Migratin Plicy Draft Natinal Immigratin Plicy...18 Ratinale fr a Natinal Immigratin Plicy Other Strategic Plicy Framewrks...19 Human Exprt Plicy...19 Frm Brain Drain t Brain Gain Migratin Institutinal Framewrks Natinal Diaspra Directrate Anti-Trafficking in Persns Secretariat Migratin Crdinatin Framewrks Inter-Ministerial Cmmittee n Migratin...20 Analysis f Functinality f the Inter-Ministerial Cmmittee n Migratin...21 TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE iii

6 Anti-Trafficking in Persns Inter-Ministerial Cmmittee Assisted Vluntary Returns Inter-Ministerial Cmmittee Migratin and Turism Statistics Cmmittee...22 Analysis f Functinality f the Migratin and Turism Statistics Cmmittee Irregular and Mixed Migratin Technical Wrking Grup...22 Analysis f Functinality f the Irregular and Mixed Migratin Technical Wrking Grup Labur Migratin Technical Wrking Grup Migratin Health Inter-Ministerial Cmmittee Crss-brder Migratin Crdinatin Frums...23 Analysis f Functinality f the Migratin and Turism Statistics Cmmittee...23 Chapter 4 Recmmendatins t Strengthen the Migratin Gvernance Framewrk in Zimbabwe General Cmments and Observatins Strategies t Strengthen the Migratin Gvernance Framewrk in Zimbabwe Establishment f the Natinal Migratin Crdinatin Directrate Lcatin f the Natinal Migratin Crdinatin Directrate...27 Annexes Annex 1: Prmting Migratin Gvernance in Zimbabwe Prject Overview...33 Annex 2: List f Participants at Cnsultative Wrkshps...36 Annex 3: List f Representatives at Ministerial Meetings...37 TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE iv

7 LIST OF FIGURES Figure 1: Figure 2: Figure 3: Figure 4: Essential Elements f the Migratin Gvernance Framewrk...7 Prpsed Implementatin Mechanism fr the Natinal Diaspra Plicy...14 Implementatin Mechanism fr the Natinal Labur Migratin Plicy...15 Diagrammatic Structure f the Prpsed Migratin Gvernance Crdinatin Structure...26 LIST OF TABLES Table 1: Table 2: Table 3: Table 4: Summarized Overview f the Objectives and Result Areas f Prmting Migratin Gvernance in Zimbabwe...3 Matrix n African Unin Migratin Plicy Thematic Areas and Lead Ministries in Zimbabwe...7 Summary f the Statuses f Varius Crdinatin Mechanisms in Zimbabwe...19 SWOT Analysis t Determine the Lcatin f the Natinal Migratin Crdinatin Directrate...23 TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE v

8 ACRONYMS AND ABBREVIATIONS ATIMC COMESA CSO EDF ICRMW IMCM MHA MPSLSW NAPLAC NMCD NGO PMGZ REC SPRC SWOT TiP TWG ZIMASSET ZIMSTAT Anti-Trafficking in Persns Inter-Ministerial Cmmittee Cmmn Market fr Eastern and Suthern Africa Civil Sciety Organizatin Eurpean Develpment Fund Internatinal Cnventin n the Prtectin f the Rights f All Migrant Wrkers and Members f Their Families Inter-Ministerial Cmmittee n Migratin Ministry f Hme Affairs Ministry f Public Service, Labur and Scial Welfare Zimbabwe Trafficking in Persns Natinal Plan f Actin Natinal Migratin Crdinatin Directrate Nn-gvernmental Organizatin Prmting Migratin Gvernance in Zimbabwe Reginal Ecnmic Cmmunity Sectr Plicy Review Cmmittee Strength Weakness Opprtunities and Threats Trafficking in Persns Technical Wrking Grup Zimbabwe Agenda fr Sustainable Sci-Ecnmic Transfrmatin Zimbabwe Natinal Statistics Agency TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE vi

9 EXECUTIVE SUMMARY Over the past tw decades, Zimbabwe has experienced macrecnmic challenges and has witnessed multiple and cmplex migratin characterized by high levels f crss-brder mbility, brain drain, irregular migratin, human trafficking and mixed migratin flws. In respnse t these challenges, the Gvernment f Zimbabwe and the Internatinal Organizatin fr Migratin (IOM) have cllabrated n sectr-specific initiatives t strengthen Zimbabwe s capacity fr effective migratin management. Furthermre, the Gvernment f Zimbabwe is implementing the Zimbabwe Agenda fr Sustainable Sci-Ecnmic Transfrmatin (ZIMASSET) , which seeks t achieve sciecnmic recvery and sustainable develpment. The Eurpean Unin (EU) within the framewrk f the EU Supprt t the Gvernment f Zimbabwe under the Africa, the Caribbean and the Pacific EU (ACP EU) Partnership Agreement (Ctnu Agreement) is cmplementing the implementatin f ZIMASSET thrugh the Gvernment f Zimbabwe and the EU Natinal Indicative Prgramme (NIP), which is a jint cperatin strategy f the tw parties under the 11th Eurpean Develpment Fund (11th EDF) ( ). Under the 11th EDF, in the gvernance and institutin-building sectr, IOM is implementing the prject Prmting Migratin Gvernance in Zimbabwe (PMGZ), which seeks t cntribute t the establishment f a migratin gvernance framewrk (plicy, institutinal and legislative) in Zimbabwe that supprts State actrs t manage migratin dialgue with nn-state actrs and in a migrant-centred, gender-sensitive, rights-based and develpment-riented manner. Under the PMGZ prject and in pursuance f evidence-based supprt fr a strengthened institutinal capacity fr the crdinatin f migratin gvernance institutinal framewrk, IOM cmmissined a highly participatry and cnsultative technical needs and capacity assessment fr the existing natinal migratin gvernance institutinal and plicy framewrks including the assessment f capacity gaps and verlaps and institutinal capacities, and prffers recmmendatins fr strengthened migratin gvernance systems and prcesses. Migratin gvernance refers t the traditins and institutins by which authrity n migratin, mbility and natinality in a cuntry is exercised, including the capacity f the gvernment t effectively frmulate and implement sund plicies in these areas (Migratin Gvernance Framewrk adpted by IOM Member States in 2015). The assessment rted in the principles and bjectives f the IOM Migratin Gvernance Framewrk, the 2030 Agenda fr Sustainable Develpment and the African Unin Migratin Plicy Framewrk. Key Findings Migratin gvernance in Zimbabwe is rted within the glbal, cntinental, and reginal migratin instruments and cnventins which the Gvernment f Zimbabwe is party t. The Gvernment has ratified a number f glbal, cntinental, and reginal migratin-related instruments, prtcls and framewrks, which demnstrates the Gvernment s cmmitment t manage migratin in line with internatinal and reginal best practices and standards. At a natinal level, migratin gvernance is set within legislative instruments enshrined in Zimbabweʼs Cnstitutin and varius pieces f legislatin, which include the Immigratin Act and the Trafficking in Persns Act, amng thers. Zimbabwe s migratin-related institutinal framewrks include the Natinal Diaspra Directrate and the Anti-Trafficking in Persns Secretariat. The Natinal Diaspra Directrate hused in the Macr-Ecnmic Planning and Investment Prmtin serves t enhance the engagement and participatin f the Zimbabwean diaspra in natinal develpment. The Anti-Trafficking in Persns Secretariat, hused in the Ministry f Hme Affairs (MHA), plays a supprtive rle t the Anti-Trafficking in Persns Inter-Ministerial Cmmittee (ATIMC) in terms f crdinating the activities f the ATIMC, management and administratin, as well as reprting and budgeting. TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE vii

10 Zimbabwe s migratin gvernance structure currently cnsists f the Inter-Ministerial Cmmittee n Migratin (IMCM), which is the verarching migratin crdinatin framewrk, cmplemented by sectrspecific interministerial cmmittees that include the ATIMC, the Assisted Vluntary Returns Inter-Ministerial Cmmittee, the Migratin Health Inter-Ministerial Cmmittee, and the Migratin and Turism Statistics Cmmittee. Tw migratin plicy framewrks are at different levels f finalizatin and sme f the crdinatin mechanisms in place have different levels f functinality. Key Recmmendatins While acknwledging the internatinal instruments that Zimbabwe has ratified, there is a need t ratify and dmesticate thse internatinal instruments, which Zimbabwe is yet t d s in rder t match plitical cmmitment and practice in relatin t migratin gvernance. Furthermre, the migratin plicy framewrks currently under develpment need t be finalized. It is further strngly recmmended that Zimbabwe frmulate an verarching migratin plicy that harmnizes the varius migratin-related plicy framewrks. While there is a need t further strengthen the crdinatin mechanisms in place t ensure effective migratin gvernance and crdinatin, the harmnizatin f the IMCM and sectr-specific IMC rles and respnsibilities is imperative and cannt be veremphasized. The IMCM has been peratinal at a technical level. It is recmmended that a higher-level crdinatin mechanism, that is, at the level f permanent secretaries, be established t facilitate a seamless flw f infrmatin and actin in relatin t migratin gvernance and crdinatin between peratinal and plicymaking levels within gvernment. The higher-level crdinatin structure will ensure that migratin plicy is pursued hlistically, in tandem with many ther plicy dmains. There is als a need t strengthen the crdinatin and reprting mechanisms between crss-brder migratin crdinatin frums and the IMCM. Furthermre, there is a need t strengthen the IMCM in terms f crdinating migratin gvernance in Zimbabwe thrugh the establishment f a secretariat, the Natinal Migratin Crdinatin Directrate (NMCD), t assist the IMCM peratins. Fllwing a series f cnsultatins within gvernment n the lcatin f the NMCD, the NMCD has been established and is hused in the MHA. TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE viii

11 CHAPTER 1 INTRODUCTION AND BACKGROUND 1.1. Intrductin Internatinal migratin has grwn in scpe, magnitude, cmplexity and impact t becme a key defining feature in Zimbabwe ver the past tw decades. Cnsequent t the macrecnmic challenges experienced by Zimbabwe frm the year 2000, the cuntry witnessed multiple and cmplex migratin issues characterized by high levels f crss-brder mbility, brain drain, irregular migratin, increased incidence, and prevalence f trafficking in persns (TiP), human smuggling and mixed migratin flws, amng thers. In respnse t these cmplex migratin challenges, the Gvernment f Zimbabwe and the Internatinal Organizatin fr Migratin (IOM) have cllabrated n varius sectr-specific initiatives with a view t strengthening the capacity f the Gvernment f Zimbabwe in cmprehensive and effective migratin management. There is a grwing and shared cnsensus that indeed effective migratin management is an essential element f verall gd gvernance, which is increasingly recgnized as an essential fundatin fr sustainable develpment. The Gvernment f Zimbabwe, in 2013, adpted the Zimbabwe Agenda fr Sustainable Sci-Ecnmic Transfrmatin (ZIMASSET) as the cuntry s ecnmic develpment blueprint t guide the natinal develpment agenda up t ZIMASSET identifies fur pririty areas f interventin, namely, fd security and nutritin, scial services and pverty eradicatin, infrastructure and utilities, and value additin and beneficiatin. The Gvernment has als put in place a 10-pint plan fr ecnmic grwth t cmplement the ZIMASSET blueprint. As Zimbabwe cntinues t identify and pursue pprtunities fr ecnmic recvery and develpment, migratin and the diaspra remain critical issues that culd catalyse the attainment f the cuntry s gvernance and develpment gals The Migratin Cntext in Zimbabwe Zimbabwe has a unique migratin histry within the Suthern African regin. Whereas ther reginal cuntries tended t be either typical recipient r sending cuntries fr migrants, Zimbabwe was always in the unusual psitin f being bth. As a migrant-receiving cuntry, mst migrants came frm Zambia and Malawi during the federatin f Nrthern Rhdesia (nw Zambia) and Nyasaland (nw Malawi). After the federatin, a significant prprtin f Malawian migrants chse t remain in Zimbabwe. While mst f the migrants during the clnial era came frm Great Britain and Eurpe, there was a shift t a much wider glbal catchment dminated by the African cntinent after independence. Currently, Zimbabwe is n lnger a majr recipient f migrant labur except alng brders with Mzambique. As Zimbabwe is a migrantsending cuntry, Zimbabweans, during the clnial era, went t wrk in Suth Africa in gld, diamnd and cpper mines as well as n cmmercial farms. In fact, Zimbabweans cmprised the secnd largest grup f emigrants t Suth Africa. After independence, Zimbabwe witnessed three main waves f emigratin. The first wave was between 1980 and 1984, when a significant prprtin f mainly white Zimbabweans emigrated t Suth Africa and Australia. This was fllwed by a secnd wave in the 1990s chiefly in respnse t the negative effects f the structural and adjustment prgrammes, recurrent drught and the assciated ecnmic recessin. This wave was dminated by prfessinal black Zimbabweans wh emigrated t Suth Africa, Btswana, the United Kingdm and the United States. The third wave has been mre recent and has tw distinct flws the first flw is assciated with labur migrants invlved in circular migratin, while the latter flw invlves the emigratin f frmer cmmercial farm wners fllwing the land refrm exercise. TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE 1

12 Due t its prximity t Suth Africa and its gd rad netwrk, Zimbabwe, since 1994, has been a transit cuntry fr migrants frm Asia and ther African cuntries en rute t Suth Africa. Hwever, ver the years, Zimbabwe has experienced significant shifts in the inherited clnial migratin pattern. Internal migratin has increased tremendusly and the dminant patterns f migratins include rural t urban, urban t rural, rural t rural and urban t urban. This is accunted fr by a number f factrs such as urbanizatin, increased pprtunities in urban areas and gvernment plicies, amng thers. Zimbabwe is n lnger a majr recipient f migrant labur. This is partly explained by the gvernment plicy which has gradually shifted frm active encuragement f permanent residence t the granting f time-limited residence and emplyment permits t expatriates. Vlume f crss-brder traffic between Zimbabwe and its neighburs has escalated dramatically. This fllws the adptin f crss-brder migratin as ne f the key survival strategies fr many husehlds. Zimbabwe is recvering frm mre than a decade f sciecnmic challenges, which has led t high levels f crss-brder mbility, brain drain, irregular migratin, increased incidence and prevalence f TiP, human smuggling and mixed migratin flws, amng ther things. In respnse t the afrementined multifaceted migratin challenges, the Gvernment f Zimbabwe, in cllabratin with IOM, wrked n varius sectr-specific initiatives with a view t strengthening the Gvernment f Zimbabwe s capacity in cmprehensive and effective migratin management. Sme f them included the establishment f plicy and institutinal framewrks t strengthen migratin gvernance. The prject Prmting Migratin Gvernance in Zimbabwe (PMGZ) seeks t strengthen past cllabratins between the Gvernment f Zimbabwe and IOM n migratin management Prmting Migratin Gvernance in Zimbabwe Prject Within the framewrk f the Africa, the Caribbean and the Pacific Eurpean Unin (ACP EU) Partnership Agreement (Ctnu Agreement), the Gvernment f Zimbabwe and the EU signed the Natinal Indicative Prgramme (NIP), which is a jint cperatin strategy develped by the Gvernment f Zimbabwe and the EU under the 11th Eurpean Develpment Fund (11th EDF) ( ). The NIP priritizes three sectrs, namely, health, agriculture-based ecnmic develpment, and gvernance and institutin-building. It is ntewrthy that migratin gvernance has been included in the gvernance and institutin-building sectr, with the Gvernment f Zimbabwe priritizing strengthening the plicy, legislative and institutinal framewrks fr migratin gvernance as well as establishing platfrms and systems fr diaspra engagement t supprt the attainment f natinal develpment pririties. IOM Zimbabwe is implementing the multi-year prject PMGZ, 1 which is funded by the 11th EDF. The prject has ne verall bjective, tw specific bjectives and fur result areas, as summarized in Table 1. 1 The Internatinal Organizatin fr Migratin (IOM) and the Eurpean Cmmissin (EC) signed the Cperatin Agreement f the Actin in December See Annex 1 fr the verview f the prject Prmting Migratin Gvernance in Zimbabwe (PMGZ). CHAPTER 1: INTRODUCTION AND BACKGROUND 2

13 Table 1: Summarized Overview f the Objectives and Result Areas f the Prject Prmting Migratin Gvernance in Zimbabwe Overall Objective T cntribute t the establishment f a migratin gvernance framewrk (plicy, institutinal and legislative) in Zimbabwe that supprts State actrs t manage migratin in dialgue with nn-state actrs and in a migrant-centred, gender-sensitive, rights-based and develpment-riented manner Specific Objectives i. T achieve strengthened institutinal capacity and adptin f a cherent and gendersensitive plicy and legislative framewrks fr a cmprehensive apprach t migratin ii. T achieve enhanced participatin and cntributin f Zimbabwean wmen and men in the diaspra in natinal develpment initiatives, including engagement with the Gvernment Result Areas a) Strengthened institutinal capacity fr the crdinatin f migratin management b) Cherent and gender-sensitive migratin management plicy framewrk in place c) Enhanced prtectin f migrant rights thrugh imprved legislatin d) Imprved mdalities fr dialgue and engagement with the diaspra As a first step twards achieving the first specific bjective and the first result area, the PMGZ supprted a detailed technical needs and capacity assessment fr the existing natinal migratin gvernance institutinal and plicy framewrks. TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE 3

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15 CHAPTER 2 METHODOLOGY OF THE TECHNICAL NEEDS AND CAPACITY ASSESSMENT 2.1. Ratinale fr the Technical Needs and Capacity Assessment Due t the crss-cutting and cmplex nature f migratin, n single natinal ministry, agency r authrity can manage it alne. Migratin is multisectral and clsely cnnected with health; educatin and emplyment pprtunities; climate change; the ptential fr flds, drught, and famine; peace and security; and the threat t life as well as respect fr human rights and freedm f expressin. It is als imprtant t recgnize and acknwledge the gender dimensin f migratin due t the grwing number f wmen as autnmus migrants. The increasing feminizatin f migratin is fuelled by the grwing demand f wmen as wrkers in the service industry. Female migrants are highly vulnerable as they can be subject t sexual harassment and assault and ther frms f gender-based vilence. Given the crss-cutting and multisectral nature f migratin issues that are handled by different line ministries, a multiplicity f crdinatin structures is inevitable. The verlapping mandate f several prtflis requires a carefully designated institutinal mechanism that makes the effective crdinatin f migratin management pssible. Subsequently, ne f the main bjectives f the prject is t strengthen the existing crdinatin structures by establishing the NMCD and the Sectr Plicy Review Cmmittee t ensure accuntability. Internatinal gvernance f migratin can be understd as a prcess in which the cmbined framewrk f legal nrms and rganizatinal structures regulate and shape hw States act in respnse t internatinal migratin, addressing rights and respnsibilities and prmting internatinal cperatin. The establishment f the NMCD therefre is f strategic relevance as it frmally institutinalizes the crdinatin structures, which have been perating infrmally and n an ad hc basis. In this regard, it is imperative t have a functinal crdinatin mechanism at a higher level fr mnitring purpses. A higher-level Sectr Plicy Review Cmmittee will prvide versight functins as well as ensure cherence and accuntability f the technical-level crdinatin structures. The creatin f the frmal NMCD will als ensure that there are dedicated persnnel with requisite resurces t crdinate migratin issues within and acrss ministries at the natinal level. In rder fr the PMGZ t prvide evidence-based supprt twards strengthening the migratin gvernance institutinal framewrk in Zimbabwe, the first step was t cnduct a detailed technical needs and capacity assessment fr the existing natinal migratin gvernance institutinal and plicy framewrks. The technical needs and capacity assessment fcused n existing institutinal and plicy framewrks, capacity gaps and verlaps, assessment f institutinal capacities, recmmended strategies fr strengthening capacities fr sustainable migratin gvernance systems and prcesses in Zimbabwe, and key lessns learned frm the existing institutinal framewrks. Furthermre, t infrm the subsequent capacity-building activities f the PMGZ, the technical needs and capacity assessment sught t establish baselines and specific targets fr migratin gvernance in rder t prvide the basis fr the prvisin f the necessary supprt fr effective and cmprehensive migratin gvernance. TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE 5

16 2.2. Objectives f the Technical Needs and Capacity Assessment Engage with relevant stakehlders and dnrs t better understand the state f migratin gvernance in Zimbabwe in terms f the existing plicies, institutinal framewrks and crdinatin structures. Assess the migratin plicy, institutinal, crdinatin and gvernance framewrks in place in terms f effectiveness, gaps, ptential verlaps and challenges. Prpse recmmendatins t strengthen the existing migratin plicy, institutinal and gvernance framewrks, and crdinatin structures based n internatinal standards and best practices. Identify technical needs t establish baselines and specific targets fr migratin gvernance t prvide the basis fr the prvisin f the necessary supprt fr effective and cmprehensive migratin gvernance Methdlgy f the Technical Needs and Capacity Assessment Migratin Gvernance Framewrk The assessment was rted in and tk int cnsideratin the principles and bjectives f the IOM Migratin Gvernance Framewrk. The IOM Migratin Gvernance Framewrk sets ut the essential elements t supprt planned and well-managed migratin. The Migratin Gvernance Framewrk is based n the understanding that, as the primary actr in migratin, mbility and natinality affairs, a State retains the svereign right t determine wh enters and stays in its territry and under what cnditins, within the framewrk f internatinal law. Other actrs namely, citizens, migrants, internatinal rganizatins, the private sectr, unins, nn-gvernmental rganizatins (NGOs), cmmunity rganizatins, religius rganizatins and academia cntribute t migratin gvernance thrugh their interactin with States and each ther. IOM s view is that a migratin system prmtes migratin and human mbility that is humane and rderly and benefits migrants and sciety: (a) when it: (i) adheres t internatinal standards and fulfils migrants rights; (ii) frmulates plicy using evidence and a whle-f-gvernment apprach; (iii) engages with partners t address migratin and related issues; (b) as it seeks t: (i) advance the sciecnmic well-being f migrants and sciety; (ii) effectively address the mbility dimensin f crises; (iii) ensure that migratin takes place in a safe, rderly and dignified manner. CHAPTER 2: METHODOLOGY OF THE TECHNICAL CAPACITY AND NEED ASSESSMENT 6

17 Figure 1: Essential Elements f the Migratin Gvernance Framewrk MiGOF Principles and Objectives 1. Adherence t internatinal migrants rights. 1. Advance the sciecnmic well-being f migrants and sciety. 2. Frmulates plicy using evidence and whle-fgvernment apprach. 3. Engages with partners t address migratin and related issues. Principles Objectives 2. Effectively address the mbility dimensins f crises. 3. Ensure that migratin takes place in a safe, rderly African Unin Migratin Plicy Framewrk The assessment was als rted in the African Unin (AU) Migratin Plicy Framewrk fr Africa. The AU Migratin Plicy Framewrk fr Africa, which was adpted in Banjul, the Gambia, in 2006, identifies nine key pririty migratin issues. Althugh the Framewrk is nn-binding, the AU Member States and the Reginal Ecnmic Cmmunities (RECs) are encuraged t take the thematic areas and recmmendatins int cnsideratin fr adptin, based n their wn natinal and reginal plicies and in accrdance with their wn pririties and resurces. These pririty areas are labur migratin, brder migratin, irregular migratin, frced displacement, human rights f migrants, internal migratin, migratin data, migratin and develpment, and inter-state cperatin and partnerships. T ensure a cmprehensive assessment f the capacities f the varius gvernment institutins, fr effective migratin gvernance, a whle-f-gvernment apprach was applied in cnsultatin with all the relevant sectr ministries and institutins. In this regard, the assessment used the key thematic areas f the AU Migratin Plicy Framewrk fr Africa t identify the sectr-specific ministries with migratin-related functins and respnsibilities. Table 2 illustrates the sectr-specific ministries and their migratin-related respnsibilities in Zimbabwe, with different ministries respnsible fr different migratin thematic areas. Table 2: Matrix n African Unin Migratin Plicy Thematic Areas and Lead Ministries in Zimbabwe Thematic Area Labur migratin Brder management Irregular migratin Frced displacement Internal migratin Migratin data Migratin and develpment Inter-State and interreginal cperatin Migratin, pverty and cnflict Lead Ministry Ministry f Public Service, Labur and Scial Welfare (MPSLSW) Ministry f Hme Affairs (MHA) MHA MPSLSW MHA Zimbabwe Natinal Statistics Agency (ZIMSTAT) Ministry f Macr-Ecnmic Planning and Investment Prmtin Ministry f Freign Affairs MPSLSW TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE 7

18 Thematic Area Migratin and health Migratin and envirnment Migratin and trade Migratin and gender Migratin, children, adlescent and yuth Lead Ministry Ministry f Health and Child Care Ministry f Envirnment Ministry f Trade and Cmmerce Ministry f Wmen Affairs, Gender and Cmmunity Develpment Ministry f Yuth Develpment, Indigenisatin and Ecnmic Empwerment The assessment was highly participatry, cnsultative and nt prescriptive in its thrust. Furthermre, it was rted in the respect and recgnitin f the Gvernment f Zimbabwe s abslute authrity t assign ministerial functins and mandates including migratin-related functins and respnsibilities. IOM s experience and expertise in migratin gvernance as the lead glbal migratin agency infrmed and guided the technical assessment and prvided sme f the glbal and internatinal best practices t assist the Gvernment in its quest t imprve migratin gvernance in Zimbabwe. The assessment drew participants frm key gvernment ministries and departments with migratin functins as well as develpment partners that have supprted IOM and the Gvernment f Zimbabwe t implement migratin gvernance-related prgrammes and initiatives. Bilateral meetings with senir fficials frm the migratin gvernance stakehlders (see sectin 2.4) were held t discuss issues related t migratin gvernance in Zimbabwe. Tw Permanent Secretaries, a Directr General, a Principal Directr, Directrs and ther high-level fficials participated in the assessment. Key gvernment ministries that participated in the assessment include the Ministry f Freign Affairs; the Office f the President and Cabinet; the MPSLSW; the Ministry f Macr-Ecnmic Planning and Investment Prmtin; the Ministry f Health and Child Care; the Ministry f Justice, Legal and Parliamentary Affairs; the Department f Immigratin; ZIMSTAT; and the Zimbabwe Investment Authrity. The Eurpean Unin Delegatin t Zimbabwe, the Embassy f the United Kingdm, the Embassy f Turkey, the Embassy f Japan, the Embassy f China and the Swedish Internatinal Develpment Crpratin als participated in the assessment. The technical needs and capacity assessment was undertaken by a senir migratin expert frm IOM Headquarters with supprt frm the IOM Zimbabwe Chief f Missin and the PMGZ staff Migratin Gvernance Stakehlders Cnsultative Wrkshp As part f the assessment prcess, a migratin gvernance stakehlders cnsultative wrkshp was cnvened n 18 and 19 July 2016, at the Cresta Ldge Htel in Harare. The bjective f the cnsultative wrkshp was t present preliminary findings frm the bilateral cnsultative meetings. The tw-day cnsultative wrkshp brught tgether senir gvernment fficials frm varius gvernment ministries and departments with migratin functins. Participants included 14 senir fficers frm 8 migratin-sectr ministries and departments, which included the Ministry f Freign Affairs; the MPSLSW; the Ministry f Macr-Ecnmic Planning and Investment Prmtin; the Ministry f Justice, Legal and Parliamentary Affairs; the Ministry f Health and Child Care; the Office f the President and Cabinet; the Department f Immigratin; and ZIMSTAT. Three representatives were frm mnetary and investment institutins, namely, the Reserve Bank f Zimbabwe, Hmelink and Zimbabwe Investment Authrity. Ten senir fficials frm varius institutins and partners including the Eurpean Unin Delegatin t Zimbabwe, IOM, and the United Natins Develpment Prgramme, and tw diaspra returnee representatives, als participated in the cnsultative wrkshp. CHAPTER 2: METHODOLOGY OF THE TECHNICAL CAPACITY AND NEED ASSESSMENT 8

19 The wrkshp tk nte f the varius migratin plicies, institutinal framewrks and crdinatin mechanisms in place in Zimbabwe. It was nted that migratin plicy framewrks were at different stages f finalizatin and that sme crdinatin mechanisms were in place but at different levels f functinality. There was a cnsensus that the migratin plicy framewrks need t be finalized and that the crdinatin mechanisms need t be strengthened further. The wrkshp als deliberated at length n the terms f reference and lcatin f the NMCD within gvernment. In cnclusin, it was agreed that there was a need t cnvene a migratin gvernance stakehlder validatin wrkshp in rder t review and adpt the utcmes and recmmendatins f the assessment t imprve migratin gvernance in Zimbabwe Migratin Gvernance Stakehlders Validatin Wrkshp As part f the finalizatin f the natinal migratin gvernance fr Zimbabwe, a validatin wrkshp was cnducted in Octber 2017, which brught tgether ministries with migratin functins, including thse that hithert were nt members f the IMCM. The migratin gvernance framewrk was presented and adpted by the senir gvernment fficials that included the Permanent Secretaries f the Ministry f Freign Affairs and the MPSLSW. TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE 9

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21 CHAPTER 3 TECHNICAL NEEDS AND CAPACITY ASSESSMENT FINDINGS 3.1. Status f Migratin Gvernance in Zimbabwe Migratin gvernance in Zimbabwe is rted within the glbal, cntinental, and reginal migratin instruments and cnventins which the Gvernment f Zimbabwe is party t. Furthermre, migratin gvernance is rted within legislative instruments enshrined in the Cnstitutin f Zimbabwe as well as in varius cntinental and reginal migratin plicies, institutinal framewrks and crdinatin mechanisms at all levels Glbal and Reginal Cntexts f Legal Instruments n Internatinal Migratin The internatinal nrmative framewrk n internatinal migratin includes instruments pertaining t the human rights f migrant wrkers and the prtectin f refugees, as well as instruments designed t cmbat migrant smuggling and human trafficking. At the glbal level, as f December 2013, instruments designed t prtect refugees and cmbat migrant smuggling and human trafficking had been ratified by mre than three quarters f the United Natins Member States, while instruments prtecting the rights f migrant wrkers had been ratified by less than ne quarter f the United Natins Member States. The main glbal instruments central t the internatinal regime f refugee and migrant prtectin are as fllws: 2 (a) Refugees: (i) 1951 Refugee Cnventin (ii) 1967 Refugee Prtcl (b) Migrant wrkers: (i) 1949 Internatinal Labur Organizatin (ILO) Cnventin cncerning Migratin fr Emplyment (Revised 1949) (N. 97) (ii) 1975 ILO Cnventin cncerning Migratins in Abusive Cnditins and the Prmtin f Equality f Opprtunity and Treatment f Migrant Wrkers (Supplementary Prvisin) (N. 143) (iii) 1990 United Natins Internatinal Cnventin n the Prtectin f the Rights f All Migrant Wrkers and Members f Their Families (ICRMW) (iv) 2011 ILO Cnventin cncerning Decent Wrk fr Dmestic Wrkers (N. 189) (c) Smuggling and trafficking: (i) 2000 Prtcl t Prevent, Suppress and Punish Trafficking in Persns, Especially Wmen and Children (ii) 2000 Prtcl against the Smuggling f Migrants by Land, Sea and Air The AU has adpted three majr plicy framewrks, namely, the Migratin Plicy Framewrk fr Africa, the African Cmmn Psitin n Migratin and Develpment (adpted in 2006), and the AU Cnventin fr the Prtectin and Assistance f Internally Displaced Persns in Africa (Kampala Cnventin). 3 2 Surce: United Natins Treaty Cllectin. 3 H. Klavert, African Unin Framewrks fr Migratin: Current Issues and Questins fr the Future, Eurpean Centre fr Develpment Plicy Management (ECDPM) Discussin Paper N. 108 (Maastricht, ECDPM, 2011). TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE 11

22 The Migratin Plicy Framewrk fr Africa fcuses n nine thematic areas, namely, labur migratin, brder management, irregular migratin, frced displacement, human rights f migrants, internal migratin, migratin data, migratin and develpment, and inter-state cperatin and partnerships. The Migratin Plicy Framewrk fr Africa is nt a legally binding framewrk but a reference dcument that different Member States may adpt r custmize in accrdance with their wn pririties and resurces. The African Cmmn Psitin n Migratin and Develpment is a nn-binding reference dcument that highlights a number f pririty areas with the verall bjective f develping a cmprehensive and balanced apprach t migratin. The AU Cnventin fr the Prtectin and Assistance f internally Displaced Persns in Africa (Kampala Cnventin) is the first legally binding dcument n internal displacement wrldwide. Under the Kampala Cnventin, States have a primary duty and respnsibility t prvide prtectin and human assistance t internally displaced persns (IDPs) within their territry. The Cnventin als bliges signatries t prhibit and prevent arbitrary displacement, guarantee the human rights f IDPs under internatinal humanitarian law and devise early warning systems, amng thers. At the Suthern African Develpment Cmmunity (SADC) level, key migratin instruments are the 2005 SADC Prtcl n the Facilitatin f Mvement f Persns (2005 SADC Facilitatin f Free Mvement), the 2014 SADC Prtcl n Emplyment and Labur, the 2014 SADC Labur Migratin Plicy Framewrk and the SADC Actin Plan n Labur Migratin ( ) Ratificatin and Dmesticatin f Glbal and Reginal Instruments n Internatinal Migratin The Gvernment f Zimbabwe has ratified the 1951 Refugee Cnventin and the 1967 Refugee Prtcls. The Gvernment f Zimbabwe als ratified the 2000 Prtcl t Prevent, Suppress and Punish Trafficking in Persns, Especially Wmen and Children (hereinafter referred t as the UN TiP Prtcl) in The Gvernment went further t dmesticate the UN TiP Prtcl by putting in place the Trafficking in Persns Act in Furthermre, in line with Article 9 f the Trafficking in Persns Act, the Gvernment established the ATIMC t crdinate the natinal respnse t TiP in Zimbabwe. The PMGZ prject will supprt strengthening f the ATIMC fr it t execute its mandate as expected. The Gvernment f Zimbabwe has nt yet ratified the 2000 Prtcl against the Smuggling f Migrants by Land, Sea and Air. Accrdingly, there is a need fr the Gvernment t cnsider ratifying the 2000 Prtcl against the Smuggling f Migrants by Land, Sea and Air t prvide a framewrk fr effective respnse t irregular migratin in general and human smuggling in particular. The Gvernment f Zimbabwe has ratified 26 ILO cnventins, 25 f which are in frce as ne has been denunced. Zimbabwe has signed all 8 ILO fundamental cnventins, 3 f the 4 gvernance cnventins and 15 f the 17 technical cnventins. As with many ther States, Zimbabwe has nt yet ratified legally binding, multilateral instruments regulating internatinal migratin and prtecting the rights f migrant wrkers. Accrding t the ILO, 4 the principal bstacles t the ratificatin f migrant wrker instruments include the fllwing: the incmpatibility f natinal legislatin with the instrument prvisins in many sending and receiving cuntries; the lack f technical and financial resurces f natinal labur administratins t implement the instruments; the existence f difficult ecnmic situatins and the high unemplyment rates in sme cuntries, with the result that preference is given t natinal ver freign labur; 4 General Survey n ILO s Migrant Wrkers Instruments, CHAPTER 3: TECHNICAL CAPACITY AND NEEDS ASSESSMENT FINDINGS 12

23 the relative nvelty f internatinal labur migratin fr a number f cuntries and the need t develp apprpriate natinal measures; the cmplexity f the cnventins, especially the Internatinal Cnventin n the Prtectin f the Rights f All Migrant Wrkers and Members f Their Families (ICRMW), and the fact that prtecting migrant wrkers is usually the respnsibility f several gvernment departments, thus requiring cherence, cperatin and crdinatin within gvernment itself; and the chrnic lack f awareness and knwledge f the ICRMW and the general absence f adequate prmtinal activity, particularly n the part f gvernments, amng thers. The ther reasn fr the nn-ratificatin, particularly f the ICRMW, is that the Cnventin des nt differentiate t a mre significant degree between regular and irregular migrant wrkers and between temprary migrant wrkers and thers. A 2003 UNESCO-spnsred study als nted that sme cuntries were cncerned with the prtectins the ICRMW seemed t prvide t irregular migrants and the mistaken perceptin that the Cnventin requires the admissin f family members f migrant wrkers. The Gvernment f Zimbabwe ratified the AU Cnventin fr the Prtectin and Assistance f Internally Displaced Persns in Africa in As part f dmesticating the afrementined IDP cnventin, in the same year, the Gvernment f Zimbabwe tk tw significant legal steps regarding the prtectin f and assistance fr IDPs. Firstly, the Gvernment enacted a new Cnstitutin, which mandates significantly expanded prtectin f human rights and respect fr internatinal law cmpared t the earlier Cnstitutin. Furthermre, in July 2013, the Parliament ratified the Kampala Cnventin, 5 althugh Zimbabwe has yet t enact dmestic legislatin implementing the Cnventin. Within the cntext f reginal integratin, the Gvernment f Zimbabwe has nt yet ratified the SADC and the Cmmn Market fr Eastern and Suthern Africa (COMESA) prtcls t prmte free mvement f persns. The free mvement f peple acrss brders is high n the reginal integratin agenda primarily because f the prspective trade gains that are assciated with it. Fr Zimbabwe, the ratificatin f the prtcls is imperative fr the fllwing reasns: 6 The facilitatin f mvement f persns in the SADC and COMESA RECs will cntribute twards the scial integratin f the regin, which in turn will cmplement and give meaning t reginal ecnmic integratin. Being a majr surce f emplyment in the cuntry (especially fr wmen), the infrmal crssbrder trade sectr in Zimbabwe will benefit frm the prtcls, as these prtcls will facilitate the mvement and recgnitin f Zimbabwean crss-brder traders in the regin. The turism sectr in Zimbabwe is likely t experience an increase in the arrival f turists frm the regin and beynd due t the remval f visa requirements fr the citizens f the SADC and COMESA Member States and the smth mvement f travellers acrss brders. In general, the SADC free mvement prtcl is a step twards the achievement f the SADC Treaty and the Abuja Treaty, bth f which Zimbabwe is signatry t. The frmer treaty seeks t strengthen and cnslidate the lng-standing histrical, scial, and cultural affinities and links amng the peple f the SADC regin, while the latter seeks t achieve the free mvement f persns (i.e. citizens f Africa) as well as the rights f residence and establishment by Despite the benefits assciated with the ratificatin f the free mvement prtcls, the Gvernment f Zimbabwe has nt yet ratified but nly signed the SADC and COMESA prtcls. 5 African Unin, List f cuntries which have signed, ratified/acceded t the African Unin Cnventin fr the prtectin and assistance f internally displaced persns in Africa (Kampala Cnventin) (28 January 2014). Available frm (last visited 16 March 2015). 6 P. Mudungwe, Prmting Free Mvement f Persns in Suthern Africa: A Case fr Ratificatin f the Prtcl n the Facilitatin f Mvement f Persns in the SADC Regin (Natinal Assciatin f Nn-Gvernmental Organisatins, 2015). TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE 13

24 The Gvernment f Zimbabwe has ratified a number f glbal, cntinental, and reginal migratin-related instruments, prtcls and framewrks. The ratificatin f the instruments demnstrates the Gvernment s cmmitment t manage migratin in line with internatinal and reginal best practices and standards. Be that as it may, there is a need fr the Gvernment t ratify internatinal instruments such as the 2000 Prtcl against the Smuggling f Migrants by Land Sea and Air, the legally binding ILO migratin-related cnventins, and the COMESA and the SADC free mvement prtcls. Furthermre, there is a need fr the Gvernment t enact dmestic legislatin t supprt the implementatin f the Kampala Cnventin Natinal Migratin Legislatin Framewrks The Gvernment f Zimbabwe has put in place key migratin management legislatin within whse framewrk the gvernance f migratin in Zimbabwe takes place. Key stand-alne migratin legal instruments in place include the Immigratin Act and the Trafficking in Persns Act Immigratin Act The Immigratin Act, which entered int frce in 1979, is administered by the Ministry f Hme Affairs (MHA). The Act regulates the entry and exit f freigners (and natinals) int and ut f Zimbabwe. The Immigratin Act needs t be reviewed t be in line with the Cnstitutin. The Citizenship Act requires a cmplete verhaul; thus, there are prpsals fr its repeal. The MHA is in the prcess f frmulating a natinal immigratin plicy, which seeks t prmte natinal security, turism facilitatin, investment prmtin and recruitment f freign wrkers Trafficking in Persns Act Due t a number f factrs which include grwing ecnmic disparities; greater pprtunities fr emplyment abrad; and infrmatin, cmmunicatin and transprtatin technlgical advances Zimbabwe, like ther cuntries, witnessed a grwing prevalence and incidence f human trafficking and smuggling. In respnse t the grwing challenge f human trafficking 7 in Zimbabwe, the MHA, in cllabratin with IOM and the United Natins Office n Drugs and Crime, spearheaded the develpment and enactment f the Trafficking in Persns Act. It is ntewrthy that fllwing the enactment f the legislatin, sme cases f human trafficking were brught befre the curts f law fr prsecutin. Administered by the MHA, the Trafficking in Persns Act criminalizes human trafficking in Zimbabwe. Amng thers, the Trafficking in Persns Act prvides fr the establishment f the ATIMC, the develpment f the Trafficking in Persns Natinal Plan f Actin (NAPLAC) and the establishment f safe hmes fr victims f trafficking. The Act als prvides fr extraterritrial jurisdictin. The Gvernment f Zimbabwe is determined t tackle human trafficking and is in the prcess f building a strng track recrd in supprting victims f trafficking and fighting human traffickers. Hwever, the Trafficking in Persns Act needs t be strengthened t ensure that the prsecutins are effective and result in the cnvictin f the ffenders. The general bservatin is that the Trafficking in Persns Act meets sme f the expected standards as well as hnur Zimbabweʼs bligatins t the relevant internatinal treaties that the cuntry is a signatry t. The fllwing are sme f the areas that need t be reviewed by the Gvernment f Zimbabwe t ensure that the Trafficking in Persns Act fully cmplies with the Palerm Prtcl and ther recgnized internatinal standards: The definitin f trafficking in persns can be imprved thrugh the fllwing: The Trafficking in Persns Act shuld criminalize explitatin and nt transprtatin as is the current case. 7 There are indicatins that Zimbabwe is a surce, transit and destinatin cuntry fr victims f trafficking in persns (TiP). CHAPTER 3: TECHNICAL CAPACITY AND NEEDS ASSESSMENT FINDINGS 14

25 Legislatin needs t be reviewed t recgnize that children are victims f sexual explitatin and inapprpriate terminlgy in the laws referring t child prstitutin needs t be reviewed, as children cannt be prstitutes. There is a need fr the recgnitin f a mre serius and separate nature f ffences cmmitted against children and an imprvement in the prtectin f victims, s that they d nt disappear frm lcal authritiesʼ care. Child trafficking requires n means t be present. The Act needs a clear definitin f child explitatin, where children are nt seen as a subset f adult trafficking. Having a separate ffence with specific frms f explitatin cmmnly suffered by children will simplify the investigatin, prsecutin and cnvictin prcesses, and ensure that certain types f human trafficking d nt g unpunished. The Palerm Prtcl defines children as belw 18 years f age, and Zimbabweʼs law establishes the age f sexual cnsent t be 16, which cnfuses the rle f children in TiP and their cnsent. Prsecutrs end up investigating the victimʼs lifestyle, scial status and sexual histry when instead the fcus shuld be n the accused and the act alleged t have taken place. It is als highly recmmended that: Other ministries be included in the ATIMC, such as the Ministry f Higher and Tertiary Educatin, Science and Technlgy Develpment; the Ministry f Small and Medium Enterprises and Cperative Develpment; the Ministry f Yuth Develpment, Indigenisatin and Ecnmic Empwerment; and the Ministry f Primary and Secndary Educatin; and CSOs and internatinal rganizatins be explicitly included in the ATIMC Migratin Plicy Framewrks and Their Implementatin Mechanisms Natinal Diaspra Plicy Zimbabwe has a large diaspra ppulatin wh has expressed a desire t engage in and cntribute t the ecnmic and scial develpment f Zimbabwe. The diaspra capital can be leveraged in several ways fr develpment, including thrugh remittances, trade and business investments, turism, skills transfers and philanthrpy. Accrding t the Reserve Bank f Zimbabwe, diaspra remittances are a key surce f freign exchange, secnd nly t exprts f gds; since 2009, remittances have cnsistently exceeded freign direct investments and prtfli investments. T this end, the Gvernment f Zimbabwe adpted the Natinal Diaspra Plicy in 2016 t prvide an envirnment that enables diaspra engagement and participatin in natinal develpment. Diaspra Sectr Analysis While n fficial statistics are available n the size, prfile and gegraphic spread f the Zimbabwean diaspra, anecdtal evidence estimates that between 500,000 and 4,000,000 Zimbabweans are living abrad, with the majrity having emigrated t Suth Africa, Btswana, Namibia, the United Kingdm, the United States, Australia and New Zealand within the past tw decades. Sme members f this imprtant grup have acquired natinalities f ther cuntries, but they still maintain ties and are willing t participate in natinal develpment prcesses. It is ntewrthy that the 2013 Cnstitutin f Zimbabwe recgnizes dual citizenship thugh its practice and applicatin are nt yet in full frce. The participatin f the Zimbabwean diaspra in natinal develpment ver the past tw decades has largely been at the individuals wn initiative and nt within the cntext f a deliberate, gvernment-led effrt. The relatinship between the Gvernment f Zimbabwe and the Zimbabwean diaspra has been cnstrained and characterized by lack f trust. Cncerns ften raised by the Zimbabwean diaspra include, but are nt limited t, gvernance; human rights and crruptin issues; limited space fr diaspra participatin in civic, ecnmic and plitical prcesses; and unmet welfare, prtectin and cnsular needs. Be that as it may, it is ntewrthy that the Zimbabwean diaspra has participated in natinal develpment thrugh remittances and skills transfers, philanthrpy, trade and business investments, and t a lesser degree, turism. TECHNICAL NEEDS AND CAPACITY ASSESSMENT FOR MIGRATION GOVERNANCE IN ZIMBABWE 15