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 63

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