DOCSLIB.ORG

Protecting Refugees, Asylum Seekers and Immigrants in South Africa

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Protecting Refugees, Asylum Seekers and Immigrants in South Africa Protecting Refugees, Asylum Seekers and Immigrants in South Africa Johannesburg June 2009 Protecting Refugees, Asylum Seekers and Immigrants in South Africa Johannesburg 18 June 2009 www.CoRMSA.org.za Protecting Non‐Citizens in South Africa 2009| 2 About the Consortium for Refugees and Migrants in South Africa The Consortium for Refugees and Migrants in South Africa (CoRMSA) is a non‐profit, non‐ governmental organisation committed to the promotion and protection of refugee and migrant rights. It is comprised of member organisations and individuals dedicated to protecting the life and welfare of refugees, asylum seekers, and other international migrants entering or living in the Republic of South Africa. CoRMSA uses its membership network to advocate for rights‐based refugee and immigration policies and laws, promote best‐practice models, and encourage compliance with minimum international and national constitutional standards. In order to achieve these objectives, the CoRMSA programme includes advocacy, research, public awareness, capacity building, and networking. The Consortium’s members are: • Amnesty International, South Africa Chapter • The Black Sash • Centre for the Study of Violence and Reconciliation • Christians for Peace in Africa • Coordinating Body of Refugee Communities • Durban Refugee Service Providers Network • Forced Migration Studies Programme, University of the Witwatersrand • Jesuit Refugee Service • Lawyers for Human Rights • Musina Legal Advice Office • Planned Parenthood Association of South Africa • Refugee Children’s Project • Refugee Ministries Centre • Refugee Pastoral Care • South African Red Cross Society • Southern Africa Centre for Survivors of Torture • Tutumike Refugee Network, Cape Town • University of Cape Town Law Clinic • University of the Witwatersrand Law Clinic Membership in the organisation is open to any South Africa‐based organisation or individual with an established record of work on behalf of refugees, asylum seekers, or other migrants. CoRMSA is managed by an executive committee comprised of eligible members elected at the annual general meeting. Acknowledgements Roni Amit, Tesfalem Araia, Abeda Bhamjee, Duncan Breen, David Cote, Veronique Gindrey, Chandré Gould, Monica Kiwanuka, Stanford Mahati, Tamlyn Monson, Lorena Núñez, Tara Polzer, Gina Protecting Non‐Citizens in South Africa 2009| 3 Snyman, Joanna Vearey, and Darshan Vigneswaran conducted the primary research and writing for this report. Loren Landau edited the report with assistance from Tamlyn Monson. The report was distributed to CoRMSA members before its release. However, the final product does not necessarily represent the views of all partners on all issues. The research team appreciates all those who contributed to this study by providing information, responding to our queries, or commenting on earlier drafts. The document may be reproduced and distributed electronically and in print without charge as long as authorship is acknowledged. Protecting Non‐Citizens in South Africa 2009| 4 TABLE OF CONTENTS REMARKS FROM THE CHAIR ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 5 ACRONYMS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7 SUMMARY OF FINDINGS AND RECOMMENDATIONS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 9 INTRODUCTION‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 27 LEGISLATIVE AND POLICY UPDATES ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 32 Legal Updates ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 32 Policy Updates ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 37 CURRENT ISSUES 2008‐2009 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 40 Violence against Non‐Nationals ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 40 Humanitarian Responses to Displacement ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 48 Cholera and Migration ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 52 Zimbabweans in South Africa: Legal and Humanitarian Responses ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 55 PROTECTING HUMAN SECURITY ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 62 Arrest, Detention, and Deportation ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 62 Gender‐Based Violence ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 67 Unaccompanied Migrant Children ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 70 Human Trafficking ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 75 Human Smuggling ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 81 ACCESS TO DOCUMENTATION AND LIVELIHOODS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 84 Issues in the Refugee Reception and Status Determination System ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 84 Healthcare ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 89 Education ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 96 Social Assistance ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 103 Employment ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 106 Accommodation‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 112 Financial Services ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 119 CONTACT INFORMATION ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 121 Protecting Non‐Citizens in South Africa 2009| 5 REMARKS FROM THE CHAIR CoRMSA welcomes President Zuma’s new administration. We hope that the restructuring of the Cabinet will mean positive and proactive changes in policy with regard to the integration and protection of migrants, asylum seekers, and refugees. We also look forward to constructive engagement with the new Minister of Home Affairs, Nkosana Dlamini‐Zuma. The previous Minister of Home Affairs, Nosisiwe Mapisa‐Nqakula, announced a drastic shift in policy towards Zimbabweans shortly before she left office. This includes visa‐free entry for Zimbabweans and a special dispensation which will permit Zimbabweans to remain in the country for six months at a time with the ability to engage in casual work. The most significant change in respect of Zimbabweans was the announcement of a moratorium on deportations in April. This change in policy was long overdue and CoRMSA applauds this initiative. We now await the roll‐out of the special dispensation permit. The announcement was made in April but, as this report goes to press, we remain uncertain about the implementation date of this permit. Former Minister Mapisa‐Nqakula also initiated a process of migration policy review and we hope the new administration will continue with this process and be mindful of contemporary international and domestic developments in the migration arena. CoRMSA also encourages the new administration to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearances and the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families. Despite assurances from the Department of International Relations and Cooperation in 2008 that South Africa would sign both these conventions, no steps have been taken in this direction. More than a year has elapsed since the outbreak of the xenophobic attacks of 2008 and not much has changed for the thousands of people who were affected and displaced during the violence. Instead we have seen displaced persons being evicted from safety camps and the deportation of victims of violence. The state has been largely silent in the aftermath of this violence, which was of a level and intensity of violence not seen since the 1994 elections. Almost as many people were killed and injured during this violence as in the 1960 Sharpeville attack, yet the xenophobic violence has not attracted the same level of scrutiny or sustained public outrage. Despite the arrest of many perpetrators in the days immediately following the attacks, only a small number have been successfully convicted. What kind of message are we sending out as a result of this response from the institutions that are tasked with meting out justice? If the state effects such a low level of retribution, does it mean that this kind of discrimination is acceptable in South Africa? In the years leading
Load more

Recommended publications
  • Constitutional Authority and Its Limitations: the Politics of Sexuality in South Africa
    South Africa Constitutional Authority and its Limitations: The Politics of Sexuality in South Africa Belinda Beresford Helen Schneider Robert Sember Vagner Almeida “While the newly enfranchised have much to gain by supporting their government, they also have much to lose.” Adebe Zegeye (2001) A history of the future: Constitutional rights South Africa’s Constitutional Court is housed in an architecturally innovative complex on Constitution Hill, a 100-acre site in central Johannesburg. The site is adjacent to Hillbrow, a neighborhood of high-rise apartment buildings into which are crowded thousands of mi- grants from across the country and the continent. This is one of the country’s most densely populated, cosmopolitan and severely blighted urban areas. From its position atop Constitu- tion Hill, the Court offers views of Hillbrow’s high-rises and the distant northern suburbs where the established white elite and increasing numbers of newly affluent non-white South Africans live. Thus, while the light-filled, colorful and contemporary Constitutional Court buildings reflect the progressive and optimistic vision of post-apartheid South Africa the lo- cation is a reminder of the deeply entrenched inequalities that continue to define the rights of the majority of people in the country and the continent. CONSTITUTIONAL AUTHORITY AND ITS LIMITATIONS: THE POLITICS OF SEXUALITY IN SOUTH AFRICA 197 From the late 1800s to 1983 Constitution Hill was the location of Johannesburg’s central prison, the remains of which now lie in the shadow of the new court buildings. Former prison buildings include a fort built by the Boers (descendents of Dutch settlers) in the late 1800s to defend themselves against the thousands of men and women who arrived following the discovery of the area’s expansive gold deposits.
    [Show full text]
  • CCS Anti-Xenophobia Research and Community Outreach
    CCS Anti-Xenophobia research and community outreach Documentation, 2010 CCS anti-xenophobia research workshop, 27 February 2010 ANTI-XENOPHOBIA RESEARCH/ACTION WORKSHOP CENTRE FOR CIVIL SOCIETY, STRATEGY&TACTICS and DURBAN CIVIL SOCIETY ORGANISATIONS DATE: 27 FEBRUARY 2010 TIME: 9AM-3:30PM VENUE: MEMORIAL TOWER BUILDING L2 (in tallest building at Howard College) Research papers Xenophobia in Bottlebrush: An investigation into the reasons behind the attacks on African immigrants in an informal settlement in Durban. Xenophobia and Civil Society: Durban’s Structured Social Divisions Agenda 9:00-09:30 Tea with muffin + film screening 9:30-09:45 Welcome: Patrick Bond, Introduction to Durban Case Study: Baruti Amisi, Faith ka Manzi, Sheperd Zvavanhu, Orlean Naidoo, Nokuthula Cele, Trevor Ngwane 9:40-10:30 Presentation of Durban Case Study (1) Patrick Bond: Overview of Durban Case Study (2) Trevor Ngwane: Bottlebrush (3) Baruti Amisi: Migrant Voices 10:30-11:00 Presentation by Nobi Dube, Ramaphosa Case study and Summary of recommendations from national case studies by Jenny Parsley 11:00-12:00 Discussion 12:00-12:15 Presentation of themes from research and ways forward, with Trevor 12:15-13:00 Breakaway Groups (geographic areas and interests) with Amisi and Trevor 13:00-14:00 Lunch 14:00-14:30 Presentations by Breakaway Groups 14:30-15:00 Discussion and anti-xenophobia strategies facilitated by Amisi and Trevor 15:00-15:15 Concluding Remarks: Patrick Bond 15:15 Vote of thanks: Baruti Amisi Workshop Themes: 1) Civil society, social movements,
    [Show full text]
  • Economic Ascendance Is/As Moral Rightness: the New Religious Political Right in Post-Apartheid South Africa Part
    Economic Ascendance is/as Moral Rightness: The New Religious Political Right in Post-apartheid South Africa Part One: The Political Introduction If one were to go by the paucity of academic scholarship on the broad New Right in the post-apartheid South African context, one would not be remiss for thinking that the country is immune from this global phenomenon. I say broad because there is some academic scholarship that deals only with the existence of right wing organisations at the end of the apartheid era (du Toit 1991, Grobbelaar et al. 1989, Schönteich 2004, Schönteich and Boshoff 2003, van Rooyen 1994, Visser 2007, Welsh 1988, 1989,1995, Zille 1988). In this older context, this work focuses on a number of white Right organisations, including their ideas of nationalism, the role of Christianity in their ideologies, as well as their opposition to reform in South Africa, especially the significance of the idea of partition in these organisations. Helen Zille’s list, for example, includes the Herstigte Nasionale Party, Conservative Party, Afrikaner People’s Guard, South African Bureau of Racial Affairs (SABRA), Society of Orange Workers, Forum for the Future, Stallard Foundation, Afrikaner Resistance Movement (AWB), and the White Liberation Movement (BBB). There is also literature that deals with New Right ideology and its impact on South African education in the transition era by drawing on the broader literature on how the New Right was using education as a primary battleground globally (Fataar 1997, Kallaway 1989). Moreover, another narrow and newer literature exists that continues the focus on primarily extreme right organisations in South Africa that have found resonance in the global context of the rise of the so-called Alternative Right that rejects mainstream conservatism.
    [Show full text]
  • Political Contestations Within South African Migration Governance
    Political Contestations within South African Migration Governance Khangelani Moyo & Franzisca Zanker December 2020 KEY POINTS South African migration governance has adopted an increasingly securitised approach which also blurs the boundaries between refugees and migrants. Refugee protection is increasingly fragmented, enveloped by an exclusive immigration system and a weak regional approach in terms of free movement. There are a number of political stakes related to refugee and migration governance: o Migration governance is used as leverage in domestic politics. Xenophobic violence against migrant and refugee communities continues routinely. The exclusionary approach works particularly well as a form of leverage in scapegoating the governments failures to address poverty and job creation. A focus on securitisation further concretises an anti-refugee and anti-migrant stance in policy. o The exclusionary approach contrasts to visions of free movement and Pan-Africanism as well as the benefits of “skilled” migration. In practice however, domestic imperatives are still more important and are often strengthened by the approach to foreign policy, such as quiet diplomacy in neighbouring Zimbabwe. More recently, they have resulted in diplomatic tensions with other African countries. o The Department of Home Affairs has a performative relationship with civil society who try to keep them in check. Refugee activists are side-lined where possible and given a negative portrayal. Social xenophobic rhetoric is based on the premises of identity-construction through othering as well as being linked to economic deprivation. These discourses are reinforced both through rhetoric by politicians and the media. o The border town of Musina shows that such rhetoric is not ubiquitous and a more proactive role for political and community leaders to change the public discourse on the contributions made by migrants to communities is possible.
    [Show full text]
  • Sitting(Link Is External)
    1 THURSDAY, 10 MAY 2018 PROCEEDINGS OF THE WESTERN CAPE PROVINCIAL PARLIAMENT The sign † indicates the original language and [ ] directly thereafter indicates a translation. The House met at 14:15 The Deputy Speaker took the Chair and read the prayer. The DEPUTY SPEAKER: You may be seated. [Interjections.] Order! I see the Chief Whip first. (Notice of Motion) Mr M G E WILEY: Thank you, Mr Deputy Speaker. I give notice that I shall move: That, notwithstanding the provisions of Rule 198, precedence be given to the Subject for Discussion. Thank you. The DEPUTY SPEAKER: Thank you. No objection to that? Agreed to. 2 We will then start with the Subject for Discussion in the name of the hon member Gillion. I see the hon Gillion. †Mnr Q R DYANTYI: Hoor-hoor! [Mr Q R DYANTYI: Hear-hear!] Ms M N GILLION: Mr Deputy Speaker, 2018 marks the tail -end of this administration’s term and the DA’s decade of misrule is representative of a period of regression in service delivery for the poor. Reality is that th is protracted period of disservice to our people has been marked by the deteriorating living conditions for the poor and marginalised, which forced thousands of people to take to the streets on Freedom Day, calling on the DA Government to break with the past and focus on service delivery. The most pressing challenges faced by the people in this province include inadequate living conditions, crime, poverty, dread diseases and unemployment. These challenges seem to be colour -conscious as they affect the black majority, while the minority is well taken care of.
    [Show full text]
  • Hate Crimes Against Black Lesbian South Africans: Where Race, Sexual Orientation and Gender Collide (Part Ii)
    HATE CRIMES AGAINST BLACK LESBIAN SOUTH AFRICANS: WHERE RACE, SEXUAL ORIENTATION AND GENDER COLLIDE (PART II) Kamban Naidoo BA LLB LLM Senior Lecturer, Criminal and Procedural Law University of South Africa (UNISA) Michelle Karels LLB LLM Senior Lecturer, Criminal and Procedural Law University of South Africa (UNISA) SUMMARY This article, which is the second of a two-part submission, examines the South African legal position pertaining to sexual offences and murder as a continuation of the theme introduced in Part One. The authors then examine the concept of motive before providing a brief overview of hate crime legislation and/or policy in the United States of America and Germany. The core of the article examines three possible routes for South Africa to curb hate crime. Firstly, the creation of substantive hate crime law in the form of legislation, secondly, the amendment of current legislation to incorporate protection against this form of crime and thirdly, the retention of the current status quo coupled with the roll-out of civil society initiatives to curb hate- motivated crime. The conclusion of the article provides recommendations from a civil society and criminal justice perspective. A INTRODUCTION This article seeks to extend the foundational framework laid in Part I within the context of criminal legal doctrine generally and the potential for hate- crime legislation in South Africa specifically. At the time of writing, the Department of Justice and Constitutional Development had appointed a task team to investigate hate-crime legislation and to submit proposals with regard to such legislation in South Africa. 1 The research is, however, still in 1 Anonymous “Speech by Deputy Minister of Justice and Constitutional Development, Mr Andries Nel, MP, on the occasion of the official opening of the first networking session of the national task team on LGTBI Crime-related issues” October 2011 http://www.info.
    [Show full text]
  • South Africa February 2013
    Blind Alleys PART II Country Findings: South Africa February 2013 The Unseen Struggles of Lesbian, Gay, Bisexual, Transgender and Intersex Urban Refugees in Mexico, Uganda and South Africa Acknowledgements This project was conceived and directed by Neil Grungras and was brought to completion by Cara Hughes and Kevin Lo. Editing, and project management were provided by Steven Heller, Kori Weinberger, Peter Stark, Eunice Lee, Ian Renner, and Max Niedzwiecki. In South Africa, we thank Liesl Theron of Gender DynamiX, Father Russell Pollitt and Dumisani Dube of Holy Trinity Catholic Church in Braamfontein, Johannesburg, Kaajal Ramjathan-Keogh of Lawyers for Human Rights, and Braam Hanekom and Guillain KoKo of PASSOP (People Against Suffering, Oppression and Poverty) who gave us advice and essential access to its cli- ents. We thank Charmaine Hedding, Sibusiso Kheswa, Siobhan McGuirk, Tara Ngwato Polzer, Sanjula Weerasinghe, and Rachel Levitan for their work coordinating and conducting the field research. Expert feedback and editing was provided by Libby Johnston and Melanie Nathan. We are particularly grateful to Anahid Bazarjani, Nicholas Hersh, Lucie Leblond, Minjae Lee, Darren Miller, John Odle, Odessa Powers, Peter Stark, and Anna von Herrmann. These dedi- cated interns and volunteers conducted significant amounts of desk research and pored over thou- sands of pages of interview transcripts over the course of months, assuring that every word and every comment by interviewees were meticulously taken into account in this report. These pages would be blank but for the refugees who bravely recounted their sagas seeking pro- tection, as well as the dedicated UNHCR, NGO, and government staff who so earnestly shared their experiences and understandings of the refugees we all seek to protect.
    [Show full text]
  • “The Long Walk Is Not Yet Over” a Study of Collective Actors´ Political Capacities Within the Domestic Service in South Africa
    “The Long Walk is not yet over” A Study of Collective Actors´ Political Capacities within the Domestic Service in South Africa Camilla Rodø Master´s Thesis in Political Science Department of Political Science UNIVERSITY OF OSLO Spring 2016 I II “The Long Walk is not yet over” A Study of Collective Actors´ Political Capacities within the Domestic Service in South Africa III © Camilla Rodø 2016 The Long Walk is not yet over: A Study of Collective Actors´ Political Capacities within the Domestic Service in South Africa Camilla Rodø http://www.duo.uio.no Word Count: 41 052 Print: Grafisk Senter AS, Oslo IV Abstract One should not take for granted that the various institutions are democratic, that formal laws automatically lead to improvement. Instead one needs to consider the actors´ capacities to use these institutions. This master dissertation analyses why the legal institutions that came with the democratic transition in South Africa haven´t given better results for the domestic workers. Furthermore, a more profound discussion is given regarding the question; how can collective actors´ level of political capacities serve as an explanation to the perceived challenges with domestic workers´ labour laws. Findings from the study indicate that there have been extensive improvements with the implementation of the domestic workers´ labour laws. However, despite these improvements, the domestic workers are still struggling. And the reason why, may be explained in light of enforcement and content of the laws. The study suggests that the South African Domestic Service and Allied Workers Union´s low level of political capacities to some extent may explain why the legal institutions that came with the democratic transition in South Africa haven´t given better results for the domestic workers.
    [Show full text]
  • We Were Cut Off from the Comprehension of Our Surroundings
    Black Peril, White Fear – Representations of Violence and Race in South Africa’s English Press, 1976-2002, and Their Influence on Public Opinion Inauguraldissertation zur Erlangung der Doktorwürde der Philosophischen Fakultät der Universität zu Köln vorgelegt von Christine Ullmann Institut für Völkerkunde Universität zu Köln Köln, Mai 2005 ACKNOWLEDGEMENTS The work presented here is the result of years of research, writing, re-writing and editing. It was a long time in the making, and may not have been completed at all had it not been for the support of a great number of people, all of whom have my deep appreciation. In particular, I would like to thank Prof. Dr. Michael Bollig, Prof. Dr. Richard Janney, Dr. Melanie Moll, Professor Keyan Tomaselli, Professor Ruth Teer-Tomaselli, and Prof. Dr. Teun A. van Dijk for their help, encouragement, and constructive criticism. My special thanks to Dr Petr Skalník for his unflinching support and encouraging supervision, and to Mark Loftus for his proof-reading and help with all language issues. I am equally grateful to all who welcomed me to South Africa and dedicated their time, knowledge and effort to helping me. The warmth and support I received was incredible. Special thanks to the Burch family for their help settling in, and my dear friend in George for showing me the nature of determination. Finally, without the unstinting support of my two colleagues, Angelika Kitzmantel and Silke Olig, and the moral and financial backing of my family, I would surely have despaired. Thank you all for being there for me. We were cut off from the comprehension of our surroundings; we glided past like phantoms, wondering and secretly appalled, as sane men would be before an enthusiastic outbreak in a madhouse.
    [Show full text]
  • (And Democracy) in South Africa
    Twenty years of punishment (and democracy) in South Africa The pitfalls of governing crime through the community Gail Super* [email protected] http://dx.doi.org/10.4314/sacq.v48i1.1 This article examines how the ideology of ‘community’ is deployed to govern crime in South Africa, both by marginalised black communities and by the government. Although the turn to ‘community’ started under the National Party government in the late 1970s, there is no doubt that as a site, technology, discourse, ideology and form of governance, ‘community’ has become entrenched in the post-1994 era. Utilising empirical data drawn from ethnographic research on vigilantism in Khayelitsha, as well as archival materials in respect of ANC policies and practices before it became the governing party, I argue that rallying ‘communities’ around crime combatting has the potential to unleash violent technologies in the quest for ‘ethics’ and ‘morality’. When community members unite against an outsider they are bonded for an intense moment in a way that masks the very real problems that tear the community apart. Because violent punishment is one of the consequences of the state’s turn towards democratic localism, we should question the way in which the ‘community’ is deployed as a tool of crime prevention, and subject it to rigorous scrutiny. With the advent of formal democracy in South in 2004, South Africa has the highest incarceration Africa in April 1994 one might have been justified rate in Africa and one of the highest in the world.2 In in expecting that the criminal justice system would 2013, the number of people serving life imprisonment become less punitive and that this would entail stood at 11 000, as opposed to 400 in 1994.3 less reliance on imprisonment as a punishment Democratisation has thus brought with it a dramatic par excellence.1 However, although the numbers in increase in long-term prison sentences, ranging custody have been reduced since an all-time high from seven years to life.
    [Show full text]
  • Exploring the Link Between International Migration and Remittances: a Case Study of African Immigrants in Cape Town, South Africa
    EXPLORING THE LINK BETWEEN INTERNATIONAL MIGRATION AND REMITTANCES: A CASE STUDY OF AFRICAN IMMIGRANTS IN CAPE TOWN, SOUTH AFRICA. BY JONAS NZABAMWITA Student Number: 3371818 A MINI THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS (MA) IN DEVELOPMENT STUDIES AT THE INSTITUTE FOR SOCIAL DEVELOPMENT (ISD), FACULTY OF ECONOMIC AND MANAGEMENT SCIENCES (EMS), UNIVERSITY OF THE WESTERN CAPE. Supervisor: Dr. Mulugeta F. Dinbabo December, 2015 DECLARATION I……………………………………………….………. undersigned, declare that Exploring the link between international migration and remittances: A case study of African immigrants in Cape Town, South Africa, has not been submitted before for any degree, or examination in any University, and that all the sources I have used or quoted have been indicated and duly acknowledged by means of referencing. Jonas Nzabamwita Signature ……………………………. December, 2015. Page ii ACKNOWLEDGEMENT AND DEDICATION First and foremost, I would like to thank Almighty God for his mercy, grace and blessings. He sustained me, and provided with an opportunity to successfully complete my studies. I wish to express sincere gratitude to my supervisor, Dr. Mulugeta F. Dinbabo, for his patience, guidance and timely feedback throughout this research journey. I don‟t think it would have been possible for me to complete a project of this magnitude without his supervision, wisdom and insight. Thank you for taking time out of your busy schedule to read my draft chapters and providing me with constructive and informative comments. I wish to convey my heartfelt appreciation to the University of the Western Cape, in particular the Institute for Social Development for the financial contribution towards my post graduate education.
    [Show full text]
  • South Africa – Unemployment – White Unemployment - White Poverty – IT Salary – Unrest – Violence – Crime
    Migration Review Tribunal AUSTRALIA MRT RESEARCH RESPONSE Research Response Number: ZAF35454 Country: South Africa Date: 30 September 2009 Keywords: South Africa – Unemployment – White unemployment - White poverty – IT Salary – Unrest – Violence – Crime Questions 1. Please advise what is the latest information regarding job opportunities in South Africa? 2. What is the unemployment level and average wage of (IT) professionals in South Africa? 3 What are the most recent social indicators relating to how civil unrest, lawlessness and violence in South Africa affect middle class professionals? RESPONSE 1. Please advise what is the latest information regarding job opportunities in South Africa? According to the latest assessment from the World Bank, there are major disparities in income and wealth and the general unemployment rate is at 23.6%: South Africa is a country with extreme differences in incomes and wealth. Robust economic growth in the post-apartheid period has enabled a dramatic decline in income poverty. At the same time, inequality increased across race, gender and location. For example, inequality between racial groups as measured by the Gini coefficient rose from 0.64 to 0.69 in the period 1995-2005. Despite a 6 percentage point drop over the last six years, the country’s unemployment rate of 23.6% remains very high and poor people have limited access to economic opportunities and basic services (‘South Africa. Country Brief. Key Facts’, 2009, World Bank website, September, http://go.worldbank.org/GSBYF92330 - Accessed 23 September 2009 - Attachment 1) The above facts are corroborated in the following report which links the high unemployment level to violence: ...One of continent's biggest economies.
    [Show full text]