XENOPHOBIA AND REFUGEE RIGHTS IN SOUTH AFRICA

Transcription

1 XENOPHOBIA AND REFUGEE RIGHTS IN SOUTH AFRICA Institute of Security Studies Fourth International Conference August 2013 National and International Perspectives on Crime Reduction and Criminal Justice STELLA MKILIWANE DIRECTOR

2 WHO ARE REFUGEES/ASYLUM SEEKERS? Men, women and children forced to flee their country Fear of persecution Conflict Forced to flee: no time to pack personal belongings REFUGEES and ASYLUM SEEKERS Torture Humanitarian disasters No opportunity to say goodbye to loved ones Traumatized Scared Alone Afraid

3

4 THE SOUTH AFRICAN CONTEXT Freedom of movement Right to work Right to education Self-integration Bill of Rights Access to Documentation

5 THE NATURE OF XENOPHOBIA IN RSA Employment (resentment of skilled migrants, exploitation by employers) Documentation DHA, police, verbal abuse by officials) Looting and displacements foreign owned shops/spazas, Restricted movement (police harassment, file transfers, state denial of xenophobia) Media inflating numbers?? Health Care (Verbal abuse, denial of immunization) Education (discrimination in schools, tertiary-student loans etc.) Accommodation (landlords double deposits for foreigners) Banks, Moneygram,etc Violence (public transport, townships)

6 THE TRENDS Wine farm strikes At the beginning of November 2012, farm workers in De Doorns went on a strike. The strike took a twist turning from an action against employers to lodge grievances, to one against foreign nationals mostly refugees and asylum seekers. The strike spread to other farming towns across the country, subsequent to the primary action, also targeting foreign owned shops especially in De Doorns and mainly directed at Somali traders who were physically attacked and their shops looted and destroyed.

7 IS THERE POLITICS AT PLAY? When is xenophobia usually at its peak? 2008 after Polokwane Elective Conference and preparation for elections Attacks after World Cup. June Chairperson of the parliamentary oversight committee on home affairs, Maggie Maunye, implied that foreigners flocking to the country were soaking up resources and preventing South Africans from enjoying their freedom! June Zwelinzima Vavi Cosatu: Confront the problem of xenophobia " LHR Policy shifts in refugee protection change of mind by government? What role do the community political leaders play in the xenophobic eruptions? How does xenophobia come into play during election campaigns? Are foreigners made scapegoats?

8 THE RESPONSES SO FAR In 2012 Free State province, the Premier Ace Magashule decried the attacks as a violation of the Constitution. He said "these attacks violate the fundamental principles of our Constitution, which rejects discrimination and intolerance on the basis of race, creed or geographic origin." North West province -following a strike by miners at the Impala Mine near Phokeng, Brigadier Thulani Ngubani, provincial police spokesman, had a different take on the matter even though victims were foreigners, denied attacks were xenophobic but targeted against the businesses, not the foreigners who owned them.

9 THE RESPONSES SO FAR A group calling themselves the South African Blacks Association (Saba) started terrorising foreigners in Mayfair by threatening business owners and residents, organising occasional raids and spreading hate by posting manifestos, the police response was reportedly that, the perpetrators were just petty criminals. This response, the police justified with the supposition that, should they give much attention to these petty criminals, they will give them a stage to spread the hatred which will ultimately lead to an outburst of xenophobic attacks as seen in 2008.

10 THE RESPONSES SO FAR The Sowetan, August 2012, which quoted Sam Morotoba, Deputy Director-General of Public Employment Services in the Department of Labour who said The people who are fanning xenophobia are unscrupulous employers who play them against their African brothers by illegally employing foreign nationals,". Morotoba said the unscrupulous employers were trying to avert the effects of the current economic downturn by employing foreigners without contracts and the necessary employment benefits.

11 Challenges Opportunities Non Prosecution of perpetrators of violence Government policy formulation for integration Denial of the existence of xenophobia Service delivery/ legalisation of foreign nationals Civil society funding, coordination and exclusion Education/awareness on refugees/asylum seeker issues. Community involvement and buy-in Tap into unutilised skills of foreign nationals, promoting self-sustainability

12 POINTS TO PONDER! Is xenophobia not as real in South Africa as was shown by the culmination of what we have believed it to be in 2008 till now? Could it be that foreigners are just a soft target on which citizens can vent out their anger against government, employers and other actors? Could it be that this nation is ridden of so many petty criminals who have such a similar modus operandi by coincidence or commonality? Is it the notion of Exclusive Citizenship South Africa belongs to SAs only?

13 THE REALITY! Xenophobia is real and rife in South Africa. Acknowledging this as fact will ensure that proper mitigation strategies are put in place.

14 THE WAY FORWARD All stakeholders must work together in earnest to protect refugees and asylum seekers, i.e. government, civil society, local communities, businesses, etc.

15 FOR MORE INFORMATION Visit: THANK YOU!