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
arising out of the 2008 Public Violence against Non-Nationals.” The report considered the
preparedness and response of the organs of state to the 2008 crisis in terms of the
prevention of impunity for violators of human rights, the securing of justice for victims of
rights abuses, and efforts towards the restoration and maintenance of the rule of law,
which is a precondition for the realisation of rights. Recommendations are made to
strengthen state institutions and responses with a view to preventing future social
conflict or mitigating it more effectively where it arises.
213.
In July 2010 Government outlined a multi-faceted plan to prevent any outbreak of
violence against anyone, including foreign nationals in South Africa and further called
upon all civic organizations, political parties, youth formations and the religious fraternity
to work together. According to some of the findings, these tensions were predominantly
driven by criminal elements in areas where there are high levels of poverty and
unemployment. The IMC further noted that the most disturbing factor is the marked
involvement of unemployed young people. The perception amongst foreign shop-owners
is that law enforcement agencies fail to protect them. Thus, as a response, foreign-owned
business owners resort to defensive measures to prevent looting of their shops.139
214.
Government’s strategy, in partnership with various organs of civil society in proactively
curbing and averting these threats, was outlined in a multi-faceted and integrated plan:
• Proactive facilitation of a societal dialogue: this has taken place at various areas
around the country comprising of police, churches, community policing forums and
NG0s. Communities need to blow the whistle against any criminals that are disguised
behind xenophobia. Government has always and will always discourage covering up
for criminals by community members. It also needs to be noted that the 2008 attacks
against foreign nationals never spread to areas within Soweto and this can largely be
attributed to a critical role played by community policing forums.
Extension of the 2010 FIFA World Cup National Joint Committee: The swift policing
and justice approach that was witnessed during the World Cup will be adopted and
continued, to respond to this issue of attacks against any form of criminality. Quick
investigation, tighter sentencing and law enforcement agencies will not hesitate to act
speedily and decisively against anyone found to incite violent acts against foreign
nationals.
Strict monitoring of proliferation of businesses owned by foreign nationals and lack of
regulation thereof.
Review and derive lessons from the May/June 2008 incidents.
Some of the reasons for this trend include that after the attacks of May/June 2008,
some foreign nationals looked for safer environments.
Reinforce civic education in society and within the law enforcement agencies.
139
Media Statement by GCIS, “Government outlines plan to deal with xenophobic threats”, 8 July 2010
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