Country Advice South Africa South Africa – ZAF36892 – Permanent Residence – Migrants – Xenophobic Violence – Ethnic Groups 25 June 2010

Country Advice South Africa South Africa – ZAF36892 – Permanent residence – Migrants – Xenophobic violence – Ethnic groups 25 June 2010 1. Does permanent residence under s.26(6) of the Immigration Act remain even if the visa holder is out of the country for some time? According to the Department of Home Affairs website, a visa holder may lose their permanent residence (PR) visa if they leave South Africa for a period of three years or longer, unless the Department is informed promptly and an „acceptable‟ reason is given for staying outside South Africa: As already mentioned, permanent residence status is granted for the purpose of permanent settlement in the RSA. Therefore, if you obtained such status and leave the RSA for a period of three years or longer, the Department of Home Affairs may withdraw your status, unless you inform the Department timeously and provide an acceptable reason for your stay outside the RSA.1 It is also noteworthy that someone may lose their PR if they change their occupation within three years without approval from the Department of Home Affairs. Other conditions also apply: Once your residence (or immigration) permit has been granted, you have six months in which to take up permanent residence. Otherwise, your permit will lapse and may be withdrawn. Residence permits can be withdrawn for various reasons, including the following: Any information supplied in your application is found to be incorrect. …You obtained your permit on the basis of a marriage undertaken less than two years before the date of issue of the permit, and the marriage is terminated less than two years after this date, unless you can persuade the Department that the marriage wasn‟t entered into for the purpose of securing permanent residence.2 1 South African Department of Home Affairs (undated), „Services to Foreigners‟, South African Department of Home Affairs website http://www.home-affairs.gov.za/services_foreigners.asp?topic=permanent - Accessed 22 June 2010 – Attachment 1 2 „Permanent Residence: How to stay permanently in South Africa‟ 2009, Just Landed website http://www.justlanded.com/english/South-Africa/South-Africa-Guide/Visas-Permits/Permanent-Residence - Accessed 22 June 2010 – Attachment 2 Page 1 of 6 2. Please provide an account of information about discrimination and mistreatment of foreigners. Mistreatment and Discrimination According to a report for the International Organisation of Migration (IOM) by Misago, Landau and Monson in 2009, South Africa has a long history of the xenophobia which leads to institutional and social discrimination and mistreatment of migrants. The idea of the outsider or „alien‟ being seen as a threat is rooted in colonialism and took on a more “insidious” status under apartheid. While during these periods it was encouraged by the white establishment and used to control internal movements of the black population, it has now been internalised by South African blacks themselves who see foreign Africans as the threat. The report goes as far as to suggest that “non-nationals are the functional equivalent of black South Africans two decades ago”. The discriminatory attitude to foreigners is found “among citizens, police, and the elected leaders”.3 The IOM report stated that there exist institutionalised practices that exclude foreigners from political participation and justice, and which continue to criminalise and villainise foreigners.3 Asylum seekers and migrants are said to face discrimination at health care facilities and by law enforcement representatives.4 Foreigners often suffer insults and verbal abuse from locals.5 Despite the entrenched societal xenophobia, incidents of discrimination in service provision, and exclusion from political participation, South African law and official government policy is more sympathetic towards migrants. Encampment of foreign asylum seekers and refugees is prohibited and free movement and integration of documented migrants into local communities is supported. There are guarantees of the right to work and access to social services. However, NGOs still criticise the government for its “inadequate” protection of foreigners.4 Violence This climate of xenophobia, complemented by a culture of impunity regarding public violence in general and xenophobic violence in particular, has lead to attacks on foreigners in the last few years. The US Department of State reported several attacks occurring throughout 2009 including the death of two Somalis in a fire lit at their shop; the beating of a refugee near a refugee reception centre; the stabbing murder of an Angolan refugee; the stoning of Somali businesses which left one Somali injured; and an attack with knives and sticks which left six men seriously injured. A large number of African migrants were displaced following incidents of violence.4 The largest attacks on migrants were witnessed in May 2008 in a “national wave of violence in which 62 persons were killed” and an estimated 670 injured. Victims were beaten or stabbed to death6 and property worth of millions of rand was looted, destroyed or seized by 3 Misago, J., Landau, L. and Monson, T. 2009, Towards Tolerance, Law, and Dignity: Addressing Violence against Foreign Nationals in South Africa, International Organisation of Migration (IOM), February – Attachment 3 4 US Department of State 2010, Country Reports on Human Rights Practices for 2009 – South Africa, March SECTION? – Attachment 4 5 Bell, A. 2010 „1500 Zimbabweans remain in SA refugee camp‟, SW Radio Africa, 3 February – Attachment 5 6 US Department of State 2010, Country Reports on Human Rights Practices for 2009 – South Africa, March – Attachment 4 Page 2 of 6 local residents and leaders. Dozens of women were raped.7 While the majority of violence was conducted by small mobs, local ward politicians have been implicated in orchestrating attacks to gain political influence with residents. An estimated 80,0006 to 100,0007 migrants were displaced. Ninety-four temporary shelters were set up by NGOs and the government to shelter about 15,000 of the displaced.7 The government was said to have “partially cooperated” with the UN High Commissioner for Refugees (UNHCR) and other humanitarian organisations.6 The government sought to quickly reintegrate the victims of the violence, but some have faced further violence upon returning, and others did not return fearing repeat attacks.8 Civil society organisations and NGOs such as Human Rights Watch criticised the government for failing to address the root causes of the violence, provide opportunities for conflict resolution, undertake investigations and prosecutions on a scale necessary to deter future attacks, and for failing to implement an independent commission of inquiry into what happened.6 8 While the South African Human Rights Commission had pledged to conduct an inquiry into the xenophobic attacks, no investigation had been launched by the end of 2009.6 More generally there have been some positive signs with regard to South Africa‟s response to the mistreatment, violence and discrimination suffered by foreigners with President Jacob Zuma issuing a statement in December 2009 asking his people to “embrace especially our African brothers and sisters, who usually bear the brunt of ill-treatment more than foreigners from other continents.”9 3. With regard to the discrimination and mistreatment of foreigners, please discuss any local geographical differences and whether any particular national, ethnic or occupational groups are at special risk? At Special Risk Ethnic Africans are the foreigners who face the most violence. This is more likely a result of their poor economic circumstances than any racial bias against other Africans. They compete for low paid labour jobs with poor South Africans, making them the prime targets. They are also the easiest to access as they live amongst the perpetrators of the violence, the local poor. The aforementioned IOM report cites local South Africans who claim that foreigners are “stealing jobs” as they agree to settle for low wages. This is disputed by migrants who argue that they work for the same wages as South Africans but do jobs that South Africans refuse to do as they feel the work is beneath them.7 6 There were no reports found of particular nationalities of African being targeted. While there were a large number of Zimbabwean victims, this is likely due to their overrepresentation as migrants.10 In addition to poor labourers, also at risk may be those foreigners seen as being wealthy at the expense of local South Africans. „Wealth‟ is relative though with many victims of attacks being poor shopkeepers or street vendors who are only marginally better off than their 7 Misago, J., Landau, L. and Monson, T. 2009, Towards Tolerance, Law, and Dignity: Addressing Violence against Foreign Nationals in South Africa, International Organisation of Migration (IOM), February – Attachment 3 8 Human Rights Watch 2010, World Report – South Africa, 20 January – Attachment 6 9 „Rising anger at other Africans fuels South Africa attacks‟ 2009, The New York Times, 20 December – Attachment 7 10 Bell, A. 2010 „1500 Zimbabweans remain in SA refugee camp‟, SW Radio Africa, 3 February – Attachment 5 Page 3 of 6 attackers. Again, their victimhood is due to their visibility and accessibility to South Africa‟s poor.11 12 Part of the reason for the violence is black South Africans‟ „redistributive ethos‟ combined with a tradition of retribution through extracting economic compensation.12 Locations The IOM study found that while xenophobia

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