Hosted by the SAHRC - SA Human Rights Commission
and the SA Parliamentary Portfolio Comittee on Foreign Affairs

The Parliamentary Portfolio Committee on Foreign Affairs (Portfolio Committee) together with the South African Human Rights Commission (SAHRC) held open hearings on xenophobia and problems related to it as a follow up to the recommendations made at the 2001 UN World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerances. In addition, South Africa’s foreign policy is based on the promotion of human rights and issues like xenophobia have the potential to impact negatively on South Africa’s reputation in foreign relations. The basis for the SAHRC’s participation at these hearings is its constitutional mandate as set out in Section 184 (1) and (2) of the Constitution.

In terms of sub-sections (1) the SAHRC must:
(a) promote respect for human rights and a culture of human rights;
(b) promote the protection, development and attainment of human rights; and
(c) monitor and assess the observance of human rights in the Republic.

Subsection (2) describes the powers of the SAHRC as follows:
(a) to investigate and report on the observance of human rights;
(b) to take steps to secure appropriate redress where human rights have been violated.

PURPOSE OF THE HEARINGS
The SAHRC has been actively involved in the promotion and protection of the rights of non-nationals for a number of years. Complaints from 1998 led to the development and adoption of the Braamfontein Statement and the Roll Back Xenophobia Campaign: National Plan of Action. Two reports dealt with the conditions for detainees held at the Lindela Repatriation Centre.

Despite these interventions, the SAHRC has continued to receive complaints of human rights violations of non-nationals mostly by authorities such as the South African Police Services (SAPS), government officials and officials at the Lindela Repatriation Centre.

The following allegations were brought to the SAHRC:

• South Africans have negative attitudes towards foreigners based on unfounded myths and stereotypes;
• Members of the SAPS abuse their powers through arbitrary arrests and detention of foreigners; destruction of legal documents and bribery, corruption and extortion;
• Officials at the Department of Home Affairs (DHA) violate their rights to just administrative action through unacceptable delays in processing applications and bribery and corruption;
• Security officers at the Lindela Repatriation Centre violate human rights through inhuman treatment such as assault and bribery of detainees.

Please note that this is not an Idasa report but an SAHRC and the South African Parliamentary Portfolio Comittee on Foreign Affairs. Download the full report for more information.