REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
permanent residence in terms of section 27(d) of the Immigration Act, after five
years of continuous residence in South Africa;
an identity document;
a travel document if he or she applies in the prescribed manner; and
to seek employment.
207.
South Africa does not host refugee camps. While their applications are being processed
and they hold a valid asylum seeker visa, asylum seekers can move freely and have the
right to work and study, as well as access to basic health services. Refugees are entitled
to apply for birth certificates for their children born in South Africa, identity documents
and travel documents that are limited only by not allowing travel to countries of origin.
208.
In May 2008, South Africa experienced an outbreak of attacks on foreign nationals. These
attacks against foreign nationals were followed by a swift response by Government,
especially the police who contained the violence in key hot spot areas and prevented the
spread of such attacks in other areas.
209.
An Inter-Ministerial Committee, led by the Minister of Police, was was established to deal
with threats of violence against foreign nationals. Chaired by the Minister of Police, the
IMC was comprised of several other ministers, including those of Home Affairs, Social
Development, State Security, Basic Education, Cooperative Governance and Traditional
Affairs, Arts and Culture as well as International Relations and Cooperation.
Measures to address attacks on foreign nationals
210.
Since the outbreak of these attacks, 597 cases related to attacks on foreign nationals
were recorded and about 1700 persons were arrested. In July 2009, statistics indicated
a significant progress with 197 cases withdrawn by the National Prosecuting Authority,
and 131 cases finalised with 82 guilty verdicts and 49 not guilty verdicts recorded. The
momentum of the fight against xenophobia since 2008 was maintained and witnessed
during the 2010 World Cup hosted by South Africa. Strict monitoring of proliferation of
businesses owned by foreign nationals is maintained, including regulation and protection
of such businesses.
211.
In August 2008 government held a Social Dialogue on Xenophobia. It involved NGOs,
religious organisations, government departments, affected communities, organisations
representing foreign nationals and civil society. The aim of the gathering was to facilitate
public dialogue on identifying strategies for promoting social cohesion and combating
xenophobia. A Declaration was adopted committing various role players for shared
responsibility on the elimination of xenophobia through public education, educating
immigrants about their rights and responsibilities, strengthening stakeholder
partnerships in migration management and to combat all manifestations of xenophobia.
212.
In March 2010 the South African Human Rights Commission released a report entitled
“Report on the SAHRC Investigation into issues of the Rule of Law, Justice and Impunity
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