Refugee Report Assessment of Human Situation of Non-nationals July 2011 April 2012

HUMAN RIGHTS INSTITUTE OF SOUTH AFRICA (HURISA) Refugee Report Assessment of Human Situation of Non-nationals July 2011 April 2012 Funded by Foundation for Human Rights

Table of Contents Acknowledgements... 3 About this Organisation... 4 Executive Summary... 5 Purpose of the Project... 5 Project Objectives... 6 Project Outputs... 6 Target Area... 7 Timeframe/Project Dates... 7 July - March 2012... 7 Methodology... 8 Stakeholder Participation... 8 Activities done during the Project Implementation... 8 Observations from the workshops... 9 Challenges raised by participants in the workshops... 9 Perspectives of Non Nationals... 9 Limpopo Assessment... 11 Gauteng Assessment... 12 Johannesburg... 12 Pretoria... 14 Project Achievements... 15 Project Impact... 18 Linkages and Network... 18 Publication... 19 Current and Existing problems... 19 Recommendations... 19 HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 2

Acknowledgements This report was written by Mr. Kingsley Orievulu of the Human Rights Institute of South Africa (HURISA). The preparation and implementation of the project and this report owes a great deal to the dedicated staff members of HURISA led by Ms. Mpho Nefuri and Mr. Junior Sikhwivhilu who also facilitated the assessment process within the country. The report was editied by Ms Corlett Letlojane and Mr. Tafadzwa Maguchu. The Forum of Congolese Organisations in South Africa (FOCAS), the Nsikazi Community and Resource Centre and the Office of the Public Protector were also reliable partners in the coordination and implementation of this project in the targeted areas within the country. The Foundation for Human Rights supported the implementation of this project with the funding necessary, and for this we are grateful. HURISA also recognises the contributions of Limpopo SANGOCO, Inkuzi Development, Son of Joy Foundation, Khulisa, South African Human rights Commission, Legal Aid Board, The No Violence Against Women Network, The Refugee Consortium and HIV, The Youth and Children s Rights Network, Special Interest Group for Community Based government and state Institutions, Department of Justice and Constitutional Development, Department of Home affairs, United Nations High Commissioner for Refugees, Phalaphala FM, SABC News, Capricon FM, Radio FM, and Action Support Centre. 2012. Human Rights Institute of South Africa Copyright of this report as a whole is vested in the Human Rights Institute of South Africa, and no part may be reproduced in whole or part without express permission, in writing. HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 3

About this Organisation HURISA is a Non-Profit making NGO. It was founded in 1993 and was formerly known as the Institute for the Study of Public Violence (ISPV) serving as a research arm of the Goldstone Commission of Inquiry. This organisation is motivated to work towards a society in which all people are aware of their human rights, how their human rights can be realised and how redress mechanisms can be accessed. Based on this vision, this NGO offers professional services towards the protection and promotion of a human rights culture, non-violence, peace and democracy. The staff members here are also committed to conducting research and advocacy around this subject. Thus in terms of this aspect of HURISA s work, the organisation collaborates with Civil Society Organisations, and government departments and special target groups in South Africa and the continent, and pays attention to community development through community based organisations that work together with people at the grassroots level. HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 4

Executive Summary This programme intended to deepen understanding on the rights and welfare of Refugees, Asylum Seekers and undocumented Migrants in South Africa. In May 2008 xenophobia escalated countrywide and many non-nationals lost their lives and property. HURISA advocated for protection of the rights of non-nationals at the 48 th session of the African Commission on Human and People s Rights. The Commission responded positively to the intervention and adopted a resolution on the situation of migrants in South Africa. The resolution condemned the violence on non-nationals and called the government of South Africa to protect the lives, properties of non-nationals and prosecute the perpetrators of violations of human rights right of non-nationals. The government has since been seized with the issue of non-nationals and now forge actions with stakeholders including the civil society organisations, national human rights institutions and representatives from the office of the UN High Commissioner for Refugee. HURISA organised awareness raising workshops for Community Based Organisation, non-nationals and communities in three provinces of the country namely Gauteng, Limpopo and Mpumalanga. Advocacy meetings were also undertaken for the protection of asylum seekers, refugees and undocumented migrants standing in long queues at Marabastad Refugee Reception Office. Through this project HURISA was able to reach over 500 people during the first phase of the project and 115 people participated in the assessment programme of the project This Assessment Report highlights the lessons learnt from the sensitization workshops conducted by HURISA and partners namely; Nsikazi Community and Resource Centre, Forum of Congolese Organisations in South Africa and Centre for Human Rights. The report highlights the outcome gathered from review through the use of questionnaires, discussions and various teaching aids including visual aids to appeal to both the literate and illiterate. Despite the challenges faced the interactive sessions with both groups of South Africans and non-nationals proved to show a shift and cultivation of new behaviour with positive attitudes of tolerance, respect, and recognition in employment and accommodation by the locals as a result of various advocacy interventions and lobby activities of this project. Purpose of the Project The project sought to increase capacity of nationals, non-nationals and the civil society organizations to tackle challenges faced by non-nationals in the country. HURISA sought partnerships with the CBOs / NGOs, South African Human Rights Commission, Commission for Gender Equality, United Nation High Commissioner for Refugees, Department of Home Affairs to work together in the fight against xenophobia. Human Rights Institute of South Africa did carry out awareness and tolerance workshop programmes in the promotion and protection of asylum seekers, refugees and migrants in South Africa. It also sought buy in from government departments to assist non-nationals with basic need, particularly, with health, education, shelter provision of food to survive while their applications are being processed. Critical to the project was the creation of a regional network to tackle the issue at SADC and African Union level HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 5

Desired Outcome To reconcile South Africans citizens with the non-nationals and provide healing, empowerment and transformation to survivors of trauma by creating a safe living environment that ensures respect of the human dignity of migrants, tolerance amongst people of various nationalities, establishment of a nexus between forced migration and torture. Project Objectives To prevent the recurrence of xenophobic attacks and ill-treatment of non-nationals in South Africa To form a foundation/forum for discussion on the message of tolerance to be perpetuated among South Africans citizens and non-nationals, such as Asylum seekers, refugees and internally displaced. To create wider awareness of the evils of human rights abuse/violations to individuals and to the community and country as well. To create wider awareness of the evils of xenophobia attacks to forced migrants in South Africa. Embark on an Advocacy campaign that brings together stakeholders (Government, Communities, NGOs, Church-based organizations, migrant/refugees, media and others) to prevent these attacks. To ensure that migrants' rights are respected and observed in the host country. Help create a safe living environment that fosters true humanity for refugees, asylum seekers and migrants, particularly women and children. Assist permit applicants with advice and appeals where their applications are rejected or denied so as to protect them from xenophobic treatment. To create a regional network for solidarity and better help for migrants Project Outputs An informed citizenry and foreigners that can articulate and lobby on their human rights and violations, apart from claiming their rights within SA To assess the impact of HURISA s previous activities in the three provinces An informed and tolerant group of South Africans working with nonnationals to spread the message of co-existence and respect of human rights To have more than 100 participants in the assessment workshops from the project. HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 6

To create a newsletter on the violations taking place in South Africa, especially in the lead up to the elections, the rights of refugees and asylum seekers and the scourge of xenophobia. To have an improved level of networking and socialization amongst victims of xenophobia and the perpetrators The adoption by government and local authorities in pro-active policies, practices and laws that prevent xenophobic tendencies and are victimfriendly Emulation of this initiative in other countries where most non-nationals have sought refuge from persecution in their home country. To appeal on behalf of rejected applicants for asylum. Target Area The project targeted participants from the three provinces mentioned below, they included asylum seekers, refugees, undocumented migrants and South African nationals in the workshops carried out in their respective areas. The assessment programme had more than 115 participants. Below is the information of the Province and areas where the workshops were conducted: Mpumalanga Province - Gert Sibande Municipality in Nelspruit - Nkangala Municipality in Middleburg - Enhlanzeni Municipality in Ermelo Limpopo Province - Musina Municipality in Musina - Makhado Municipality in Makhado - Polokwane Municipality in Seshego Gauteng Province -Tshwane Municipality in Pretoria -Vaal Municipality in Vaal - Gauteng Municipality in Yeoville Timeframe/Project Dates July - March 2012 HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 7

Methodology HURISA used practical models to carry out the programme in communities affected by the influx of non-nationals and related intolerance to non-nationals. The resource packs were developed and were not limited to questionnaires only but video, pamphlets and peer to peer discussions were utilised to elaborate the understanding of human rights in general and that of non-nationals in South Africa as a host country Stakeholder Participation - Nsikazi Community and Resource Centre - FOCAS Forum of Congolese Organisation - Limpopo SANGOCO - Inkuzi Development - Son of Joy Foundation - Khulisa - Coalition of Refugees and Migrants in South Africa - South African Human rights Commission - Legal Aid Board - The No Violence Against Women Network - The Refugee Consortium and HIV - The Youth and Children s Rights Network - Special Interest Group for Community Based government and state Institutions - Department of Justice and Constitutional Development - Department of Home affairs - United Nations High Commissioner for Refugees - Phalaphala FM - SABC News - Capricon FM - Radio FM - Action Support Centre Activities done during the Project Implementation Assessment of the impact of the awareness raising on the rights of non-nationals ; Involvement of the Public Protector in programme to attend to problems faced by the non-national Information gathering on new trends affecting non-nationals and how these impact to South Africans HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 8

Review of the previously hosted human rights public awareness seminars and workshops; Provision of access to extensive human rights data, resource material, human rights reference library and encouragement for interaction of both groups in various activities for cross cultural exchange and promotion of social cohesion. Production of publication material, reports and intervention statements appealing for the protection of human rights of non- nationals. Observations from the workshops Challenges raised by participants in the workshops General Fear There is a general fear by some South Africans towards non- nationals that the security of their jobs is at risk and also that non-nationals are responsible for the high levels of crime in the country. There is also a great fear among some South Africans that government social services such as free housing, free health and government grants are open to risk as non-nationals can also benefit from it. Perspectives of Non Nationals Department of home affairs on processing Asylum /Refugee papers The high demand of asylum papers has paradoxically caused corruption as those nonnationals who do not qualify for asylum status get it corruptly. This situation has led to the department being blamed for overlooking the proper procedures and ignoring those in dire need of the papers, as they are faced with life threatening situations from where they are coming. Hence, in the end they face deportation. Unnecessary delays by Home Affairs to process applications has been one major challenge of many nationals as some have been deported, harassed by police whilst waiting for their valid documents. A number of individual cases of victims of the delay have been recorded. Deprivation of Basic services Some non-nationals claim that their human dignity is not respected especially in maternity units of hospitals. They also alleged that most schools refuse to enrol children of asylum seekers and these include health and social grants where the parents cannot afford to pay for their support. This omission contradict section 27 and 28 of the Bill of rights which protects the child s right to food, shelter and education HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 9

Cheap Labour Undocumented non-nationals are vulnerable in the job market as they can be exploited in cheap labour. Most non-nationals with skills and degrees from Zimbabwe, DRC and other countries are not allowed to contribute positively to the skills shortage challenge faced in the country. Due to lack of documentation they end up taking jobs as waiters and waitresses in the functions, events and catering businesses.. In some cases these migrant workers depend on gifts from customers for wages. Racism and Intolerance The Congolese complained about the rampant xenophobic attacks targeted at them, harassment and discrimination the experience because of language barrier in communication. They also complained about denial for renewal of refugee status, including asylum papers or the long delays for processing of their applications. Provincial Assessment Mpumalanga Assessment Mr Sikhwivhilu and facilitating the assessment intervention in Mpumalanga HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 10

Human Rights Commission and Foundations for Human Rights representative attended the workshop in Mpumalanga on the 12th of March 2012 with close to about 35 participants of which 50 percent constituted females. The workshop was co-hosted with Nsikadzi Legal Advice Centre who also partnered with HURISA during the initial capacity building workshops. The assessment programme was well attended. Both South Africans and nonnationals were present at all three sites. The turnout in participants showed that both parties seemed to co-exist with each other peacefully with a positive behaviour change among South Africans to non-nationals. One of the South African national who attended the workshop noted the ills of inhuman treatment of the non-nationals by massive harassment and demolition of property as a stance that portrays a bad image not to the perpetrators alone but the reputation of the country. The information gathered from the questionnaires showed that the South Africans were becoming more sensitive and understanding to plight of the non-nationals faced in the country and from countries of persecution. Limpopo Assessment Some of the participants at the Musina workshop, singing a prayerful song before the start of the workshop Participant giving feedback Nsikadzi Legal Advice Centre co-facilitated the assessment programme organised at Musina on 14 March 2012, where there were more than 56 participants and 90 percent was female attendants of both South Africans and non-nationals. Posters were handed over to the participants to outline what they understood about the human rights and the challenges they were experiencing. During the assessment, one South African lady from Musina raised HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 11

her sympathy that despite the efforts to help the Zimbabweans and other non-nationals with proper documentation, accommodation remains a huge problem as many nonnationals use bridges to sleep under with no food or proper sanitation. Despite being a border town and close to Zimbabwe, the level of trust between South Africans and non-nationals is still of great worry. There is high level of suspicion that Zimbabwean women are bringing their infants in South Africa to benefit illegally from the Social grants. Gauteng Assessment Johannesburg Participants at HURISA board room HURISA partnered with FOCAS and invited the Public Protector in the assessment programme held on 29 February 2012. The meeting was attended by over 60 attendances with more than 90 percent of the participants being females. The workshop intended to undertake an evaluation on the implementation of the amended refugees Act 130 of 1998 with specific focus on Sections 22 and 24 of the Act., The asylum seekers reported that after being booked for appeal, endless bureaucratic processes and lack of attention to resolve cases in time within the Department of Home Affairs has created a backlog of appeals and renewal of cases of over five (5) years and even more, without a stipulated and officially scheduled dates for passing the hearing. HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 12

This assessment intervention was fruitful in that it involved a constructive consultation with the office of the Public Protector and highlighted the situation of non-nationals specifically the arbitrary arrests as well as deportation of over 500 Congolese nationals on 19 January 2012 were of serious concern to take place in democratic state like South Africa. The participants at this meeting were predominantly non-nationals from the Democratic Republic of Congo (DRC), Angolans and Zimbabweans who are currently accommodated at the Methodist Church in Central Johannesburg. The participants raised their complains over delays in processing of their applications for asylum, renewal of refugee status and permits even though the situation of human rights of countries of origin of applicants in still volatile. Reports and allegations of torture, flogging, discrimination and xenophobic attitudes experienced during submission of applications and requests for extension of permits and renewal of refugee status. Such a meeting with the outreach officer from the Public Protector s office was thus a yardstick to bring the situation of non-nationals to the attention of the government to investigate these allegations, especially where it was alleged that delay were used to frustrate non-nationals from obtaining valid documentation timeously. The issues raised during this assessment include the following: Development and Progress of Sections 22 and 24 of the Act Release of detainees Advocacy against arbitrary arrests and promotion of human rights of non-nationals Advocacy to end violence against non nationals, police brutality and xenophobia HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 13

Pretoria Non-nationals queue at Marabastad as early as 4am to apply for asylum/refugee status. The offices open at 8.30am HURISA partnered with FOCAS and the Centre for Human Rights based at University of Pretoria. Representative from office of the Public Protector was also present at this assessment intervention. Over 40 participants attended and the opportunity was provided through videos to raise awareness of atrocities that continue taking place in the region despite states obligations committed under international, regional and national human rights laws. This deepened understanding of the political, cultural and economic problems affecting the continent and how these impacts in the region result in large number of non nationals seeking asylum in South Africa. The political crisis especially during election period was reported as the main course of the conflict in the region. Protection of the vulnerable groups such as women, children, the edge and people with disability is usually compromised during time of conflict. In Congo rape of women and children was reported to be rampant. Brutality was also alleged to be perpetrated by war factions and senseless killings of innocent people have exacerbated many families to flee persecutions. This situation is attributable to people subjecting themselves to the risk of walking long distances in hours of darkness for days and weeks with no food till reaching South Africa. Upon arrival in South Africa their vulnerability is worsened by the inhuman and degrading treatment at the Marabastad Refugee Reception Centre of the Department of Home Affairs. This is added by the traumatising and the helpless situation non nationals including human rights organisations are despondent about the long hours non nationals spent in queues without food, water and sanitation. It was also reported that some non nationals have HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 14

continued to seek asylum in South Africa for many years without valid documentation. In addition, it also reported that there are Congolese nationals who are in the country for over 9-10 years without documentation. Corruption was raised as a common problem affecting most non nations as they appear at Marabastad refugee reception centre. This was experienced from the persistent kickbacks demand by among others, police, queue marshals, security officers and some officials of the DoHA on the premises of the department. As a result, most on nationals sleep under bridges, trees and open spaces. Some are forced to beg for money or engage in prostitution. This was also reported to increase the HIV/AIDs statistics. Project Achievements The Zimbabwe Documentation Project (ZDP) rolled out by the government and various civil societies. Through the ZDP it meant that some Zimbabweans in South Africa gained dignity and they now demand humane treatment from the police, employers and any other concerned party. The registration of Zimbabweans in South Africa enables them to go back to Zimbabwe and vote in the referendum and the next elections without fear of being prevented from coming back to work, study or do business in South Africa. Currently there have been reduced reports of deportation of Zimbabweans and any unlawful arrest within the three provinces where the project has been implemented. HURISA and its Zimbabwean civic partners such as Action, Crisis in Zimbabwe Coalition, Solidarity Peace Trust and Zimbabwe Exiles Forum embarked on advocacy campaign encouraging Zimbabweans to be involved in the documentation process and also report the challenges they meet. HURISA continued raising concerns on the plight faced by non-nationals in South Africa at the 50 th and 51 st session of the African Commission on Human and People s Rights. HURISA collaborates with CoRMSA to strengthen the mandate of the African Commission Special Rapporteur on the Rights of Refugees, Migrants and Internally Displaced Persons. In 2008 the South African government had approved request of the African Commission to send an envoy s to assess human rights situation of non- nationals in the country. HURISA brought this issue to CoRMSA as a leading NGO on refugee matters in the country to remind the African Commission to implement this decision. HURISA raises the issue of nonnationals at CSOs forums including the South African International Solidarity Forum, which has identified a need to campaign for non-nationals, especially the rights of Congolese nationals in and outside South Africa. HURISA also collaborated with CoRMSA and other leading human rights organizations in the country during the preparation and submission of an CSO Universal Periodic Review report to the United Nations Human Rights Council. The organization also ensured incorporation of issues of non-nationals in the NGO report to the African Commission on Human and People s Rights. For continuous monitoring of situation of non- nationals in the country, enhanced innovative advocacy strategies are continuously adopted. HURISA will use the observer status it enjoys with the African Commission to lobby for development of guidelines for state reporting on the OAU Convention of the Rights of HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 15

Refugees. This will improve state accountability on non- nationals in South Africa and beyond. HURISA is also a stakeholder on the Department of International Relations and Cooperation implementing the African Union resolution adopted for the hosting Global African Diaspora Summit on 25 May 2012. This resolution was adopted during its 17 th session of the AU held in January in Addis Ababa, Ethiopia. HURISA is also on the Protection Working Group facilitated by the United Nations High Commissioner for Human Rights. The Working Group involves state and non state actors for development of strategies, programmes for the promotion and protection of non-nationals in the country. UNHCR, DoHA and DIRCO are key departments in the protection working group, other organizations include LHR, CoRMSA, Wits Migration Project, Siyabhabha Trust and SAHRC is the only statutory body in the working group. The Involvement of the Public Protector of South Africa The approach by Civil Society organizations and HURISA to the Public Protector influenced this office to investigate the unlawfully mass arrests of non-nationals by the SAPS and other allegations of assaults that took place in Yeoville on 19 January 2012. The first step was this meeting with the aggrieved non-nationals during the workshop to sensitize as well as educate these non-nationals on the role of the Public Protector within the South African socio-political system. The Public Protector interviewed each complainant and helped them prepare their complaints to be submitted to the investigative unit. In the end, office of the Public Protector managed to seek an audience with the Department of Home Affairs so as to get them explain the process for applying for asylum and the status of permits and renewal processes so as to breach the communication gap. Currently close to 3000 asylum seeker permits are being issued to different non- nationals. HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 16

Ms Nefuri from HURISA handing food to non-nationals at Marabastad Since non-nationals queue at Marabastad for days without food, water, sanitation and shelter. The HURISA officer above managed to provide supper to the non-nationals who were at the Marabastad, Refugee Reception Centre of the Home Affairs Department. HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 17

Project Impact There has been great improvement in the treatment with tolerance and interaction of nonnationals within South Africa. Some have managed to acquire their legal documents and are able to enroll their children in local schools. The project has managed to generate the interest of The Public Protector s office and increased many networks of the civil society groups focusing on non-nationals to continue solidarity efforts to minimize challenges faced by non-nationals. The interaction of HURISA officers and non-nationals has also managed to boost confidence to many non-nationals to be involved in the fight for their rights. The increased numbers of non-nationals in the workshops is the evidence. Through different partners such as South African Council of Churches, Action, Solidarity Peace Trust, SANCA and Crisis in Zimbabwe Coalition the project initiated social cohesion activities where people of different nationalities meet and showcase their different traditions, including history, culture, drama, music, language and exchange ways of doing many things HURISA is also one of the founding members of the South Africa Forum on International Solidarity. A sub-committee was set up to continue advocating for the promotion and protection of the Congolese asylum seekers, especially after the 12 January 2012 arbitrary arrests and deportations of Congolese in large number Linkages and Network Through this project HURISA and the civil society organisations that participated in the workshops including assessment involving the Public Protector created relations of referrals and consultations; this has since created a platform of learning and sharing, coupled with action review of implemented projects among colleagues in the same thematic area. Congolese organisations such as FOCUS, Zimbabwean organisations such as Zimbabwe Exiles Forum, Crisis in Zimbabwe Coalition, Action, Solidarity Peace Trust and South African organisations such South African Council of Churches, SANCA and HURISA created a network were issues patterning non-nationals are discussed and shared. This is the foundation of the creation of a SADC network of civic organisations. HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 18

Publication Publication of the project will be disseminated to the invited media companies recorded and interviews held with various participants. In addition, workshop reports were produced and sent to all stakeholders, community members and participants who had provided emails as form of communication. The Publication will be also be shared with DoHA, DIRCO and UNHCR as an advocacy tool to improve human rights situation of non-nationals Current and Existing problems However, despite the approval of the legal documents to some non-nationals, there have been reports of delays on the processing and continued corruption at the reception centers of Home Affairs were on nationals are queuing. Whilst the involvement of the Public Protector can be celebrated there is still great need to actively involve the Department of Home Affairs and the South African Police Service who also work closely with migrants. Whilst the bridge of trust between HURISA and most non-nationals they work with is getting stronger, most non-nationals are not coming up with their complaints or challenges. There is still mistrust between South Africans and non-nationals in some areas which result in isolated cases of xenophobic attacks. Two Zimbabwean men were beaten by a group of South African Youths in Honeydew as they were trying to locate their relative s house. They were only rescued by police after being questioned.. Reports of police violence, arbitrary arrests and detentions to non-nationals are still rampant. A case of a newspaper vendor who was beaten up by police and have his cellphone taken in Johannesburg caused media outrage in January 2012. One Malawi national suffered severe injuries on his face and ears were blocked after being beaten up by police for failing to pay money which was demanded by the police. A report was made by a friend of this non national who suspected involvement of a third party in this case Recommendations 1. The department of Home Affairs should consider partnering with other departments such as the department of Education, Health, Social Development and Justice to take urgent measures to protect and assist vulnerable women and girls; including rapidly building protected shelter and helping them get sufficient protection from criminals such as rapists. HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 19

2. To establish Home Affairs satellite offices. Marabastad has no capacity to deal with the magnitude of volume of people they receive every day. People from as far as North West Province have to travel to Pretoria to renew documents. It will be convenient if there can be provincial/regional offices that process non-national s documents. 3. The department of Home Affairs needs to come up with innovative measures to attend to non-nationals for example, consulting different nationalities on different dates 4. South Africa is a country with good human rights record and the state is commitment to protection of human dignity of individuals as enshrined in the constitution. This constitutional right is also conferred to Non nationals whose human dignity is to be respected and any conduct subjecting non nationals to degrading and inhuman treatment is unconstitutional. Conclusion The project has been a success by creating tangible evidence of reduced xenophobic attacks in some parts of the country, improved tolerance of non-nationals, proper employment with benefits and legalization of various non- nationals in South Africa. HURISA has capacity of engaging key institutions such as Home Affairs and SAPS in addressing migrant issues. It is critical to continue on the momentum generated by the workshops and assessment, the buy in of non-nationals, Public Protector s office and some regional civic organizations. Imperative to note is the fact that co-existence between South Africans and the multitude of non-nationals in South Africa cannot be fully achieved in a short time. The SADC Region is still faced with many political problems, the possibility of rushed elections in Zimbabwe, the continual massacre of citizens by King Mswati in Swaziland, the contestation of presidential results in DRC and the existence of rebels in both Angola and DRC may mean that many people can still travel to South Africa for better life. Assessments of the human rights situation of non-nationals in South Africa need to be continuous as the country receive migrants daily according Home Affairs Statistics. HURISA/FHR REFUGEE AND NON-NATIONALS HUMAN RIGHTS ASSESSMENT, 2011 2012 Page 20