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20 Chinese Immigration to Australia and South Africa: A Comparative Analysis of Legislat ive Control Karen L. Harris and Jan Ryan While immigration has always been a feawfc of human behaviour, legislation to regulate it has only characterized receiving countries during the last few cemuries.1 The first immigration restriction act was introduced in Britain towards the end of the eighteenth century; however according to a United Nations report In 1980, virtually every government in the world now has legislation regulating immigrarion.2 Both Australia and South Africa are by no means exceptions and in fact share a legacy rich in discrimination and prohibitive measures. Despite vast differences in global location, geographic size, indigenous composition, international credibility and political structure, these two countries have evolved immigration systems with resoundingly similar orientations as far as immigrants of Chinese descent are concerned. This chapter proposes to trace the development of th is legislation and its application as regards the Chinese to show how in both cases it eventually became predominantly determined by pragmatic economic policies as opposed to the former imperial strategies whereby race had been a criterion. Australia and South Africa share a common history as 'supplanting' societies of European origin, having occupied territories and dispossessed the indigenous peoples of their land. The seuler experience was in itself also a common feature, involving social isolation,local political structures and economic self-sufficiency.3 Both have a British colonial heritage, a phenomenon which accounts for nllmerolls similar ideologies, traditions and institutions. During the mid- [Q late nineteenth century they experienced .374 Kllren L. /-IlIrr;5 lind Ja" R)' Interestingly, trade with Taiwan did not decrease, despite the constrained politica l relations.J7 The respective decisions in South Africa and Australia regarding the diplomatic status of the PRC and Taiwan were to have certain implications for immigration trends. During the lart: 1960s and early 1970s the first major legislative changes were introduced in the hitherto exclusively racist and anti-Asian immigration strategies of Australia. The increasing economic sign ificance of the Asian region was reflected in the shift from the 'White Australia Policy' to a non-discriminatory immigration po lic y:l~ The Labour government of 1973 dismantled the 'White Australia Policy' and ushered in a new era of Asian immigration. Reasons for the marked departure from previous policies arc multifaceted, but certainly trade considerations with the neighbouring Asian countries were paramount, particularly following Britain's entry into the European Economic Community. R.T. Appleyard claimed; 'IM]any influential businessmen in Australia believed that the exploitation of trade parential in Japan and in the rapidly growing ASEAN countries could be thwarted by an immigration policy which discriminated against Asians. Australia increasingly recognized that the future would be influenced by her proximity to Asia and by involvement in its socio-economic changc.'J~ It was not until the 1980s that any comparable changes could be dctt:cted in South African immigration pol icies - or more specifically the implementation tht:reof - as regards the Chinese. Immigration legislation in the seventies was still bem on exclusion. Prescri bed penalties for transgression were increased, and although the original 1913 Immigration Act was repealed, stipulations regarding 'prohibited persons' and the European language test were left intact.~() However, the 1970s did reveal an unofficial change in a whole range of racial restrictions on the 8000 Chinese already resident in South Africa. As a result of the escalating international ostracism of both Taiwan and South Afnca brought about by their respective political actions and ideologies. the two so called 'pariah stares' were drawn together for economic purposes.41 With increased contact at borh an economic and governmental level, the South African government was obliged to reconsider the position of its Chinese residemsH - a factor which also encouraged later immigration. Rather unconvincingly, rhe tWO countries proclaimed their anti-communist stance as a cause for closer cooperation.4 .l Already in 1967 the first Chinese Trade Mission from Taiwan arrived in South Africa to promote mutual business, which increased at such a rate that by 1979 Taiwan ranked as South Africa's fifth largest trading partner.44 In addition. official diplomatic relations were established between the two countries in 1976.45 Chillese Immigration to Auslrtllilllllld Sollti) Africa J 79 The rationale behind (he alterations made to South African immigration legislation in the 1980s was similar to Australia in its pragmatic economic policies. This is neatly illustrated by the fact that the decade began with a R400 million (US$S19 million) uranium contran...

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