Research Directorate, Immigration and Refugee Board of Canada, Ottawa

Overview

An article by West Cape News (WCN) -- an "independent commercial news agency" based in Cape Town (WCN n.d.) -- reports that a Congolese man was the victim of a xenophobic attack when he was "repeatedly stabbed" in a Cape Town tavern (WCN 9 Nov. 2010). The article cites the victim as saying that after refusing to buy drinks for a trio of South Africans, his attackers told him "they would show him South Africa was their country" (ibid.). Similarly, in correspondence with the Research Directorate, a researcher at both the African Centre for Migration and Society (ACMS) and the University of Witwatersrand, Johannesburg, gave as an example of violence targeted at Congolese foreigners, the 2010 case of a Congolese woman raped in the Samora Machel region of the Western Cape by two men; her agressors reportedly told her that they would "do the same to all foreign women in the area" (7 Apr. 2011).

The online South African Eyewitness News indicates, in a February 2011 news report, that a group of Somali, Ethiopian and Congolese refugees are seeking compensation from the Safety and Security Minister following the violence they suffered during a countrywide wave of xenophobic attacks in May 2008 (17 Feb. 2011). According to the United Nations Integrated Regional Information Networks (IRIN), an incident in the township of Alexandra in Johannesburg sparked the xenophobic attacks that swept the country and resulted in "scores of deaths" and the displacement of at least 100,000 people (UN 27 May 2010). The group of refugees allege that the police failed to protect them during the violence (Eyewitness News 17 Feb. 2011).

An article about an apparent xenophobic attack in July 2010 published by ZimEye -- an "integrated information-network of professionals" reporting on "Zimbabwe and Africa at large" (ZimEye n.d.) -- indicates that such attacks "end in loss of life and destruction of property" (ZimEye 7 July 2010). The reporter explains that these attacks are "often related to protests against lack of basic services and competition for scarce resources" (ibid.). Similarly, an article in GlobalPost -- an online American news organization (GlobalPost 12 Jan. 2009) -- reports that xenophobia in South Africa is due to frustration over a "lack of jobs, housing and services, and by broken promises by the government" (GlobalPost 23 July 2010). The same article reports that attacks on approximately 1,000 people from Somalia, Zimbabwe, Congo, Rwanda, Malawi and Zambia led to their displacement and forced them to take shelter at police stations and community halls (ibid.). The article adds that some of the people who were displaced by these attacks either returned to their home countries or were reintegrated into their towns but "many" remained in shelters fearing that the violence would get worse (ibid.).

The university researcher indicated that South African people and government authorities regard poor foreigners from Africa "negatively," often blaming them for committing crimes, "undercutting the labour market' and 'stealing' South African women" (7 Apr. 2011). The researcher said that these African foreigners experience "discrimination in the form of verbal slurs (including by state officials when trying to access police assistance or public healthcare), threats and … violence" (7 Apr. 2011). The researcher also indicated that Congolese immigrants and refugees are susceptible to the same "harrassment, prejudice and violence [as] other African foreigners," although she added that Somalians and Zimbabweans seem to be targeted more (7 Apr. 2011). Corroborating information could not be found among the sources consulted by the Research Directorate.

However, the researcher pointed out that

many reports of violence and displacement do not name specific nationalities. In any areas where communal violence breaks out, immigrants from the [Democratic Republic of Congo] DRC are likely to be targeted alongside other African immigrants. (7 Apr. 2011)

State protection

In a series of recommendations for addressing xenophobic violence in South Africa, the Consortium for Refugees and Migrants in South Africa (CoRMSA) -- a South African, non-profit organization that promotes and protects refugee and migrant rights --(CoRMSA n.d.a) -- notes that, since the May 2008 wave of xenophobic attacks, the government is initiating several measures to "counter social conflict and improve social cohesion" (CoRMSA 11 June 2010). These include an "early warning system" being developed by the South African police force to help them respond efficiently to threats and violence against foreigners (ibid.; Researcher 7 Apr. 2011). The university researcher also indicated that the response from the government has improved since 2008 now that it has begun to send the army to "ward off violence" that has broken out in some areas (7 Apr. 2011).

In addition, the university researcher pointed out that the Department of Justice and Constitutional Development has started keeping records and tracking cases that involve xenophobia (7 Apr. 2011). However, the researcher indicated that South Africa does not have any legislation that covers hate crimes (7 Apr. 2011). CoRMSA reports on its website that it is lobbying to have hate crimes, which are "motivated by prejudice or that specifically target people on the basis of factors such as race, nationality, ethnicity, sexual orientation or religion," recognized in legislation as a "means … to address xenophobic violence" (n.d.b).

The researcher said that some municipalities have created response plans for dealing with future outbreaks of xenophobic violence; however, the plans only deal with the "immediate physical threat to foreigners" and do not provide "longer-term security" (Researcher 7 Apr. 2011). In CoRMSA's recommendations, it indicates that various government departments have made progress with new plans such as a

National Action Plan against Racism, Racial Discrimination, Xenophobia and Related Intolerance by the Department of Justice and Constitutional Development; the development of a plan on Social Cohesion by the Department of Social Development; [and] the work carried out by the Department of Home Affairs and its Counter-Xenophobia Unit. (11 June 2010)

However, CoRMSA also says that civil society organizations and the public have reported that government employees make xenophobic threats against foreign nationals and that in some cases they deny assistance to foreigners (11 June 2010). The university researcher indicated that the Department of Home Affairs (DHA) is failing to "protect asylum seekers from arrest, detention and refoulement" and that police and immigration officers "regularly violate" provisions of the Immigration Act that are in place to curb their power to detain foreigners (7 Apr. 2011). As a result, people with a legal status end up in detention (Researcher 7 Apr. 2011). The researcher elaborated further about the actions of the DHA at the Lindela Deportation Centre, saying that it has detained asylum seekers there and

subjected detainees to indefinite detentions well in excess of the prescribed 120 days, and has sometimes continued to detain individuals in violation of court orders. In the case of one Congolese asylum seeker who was unlawfully detained at Lindela, the DHA deported him after the filing of court papers, two days before his unlawful detention was to be challenged in court. A new case is currently considering whether the DHA acted in constructive contempt by deporting this asylum seeker, whose detention was ruled unlawful after his deportation.

Research conducted into conditions at the Lindela Deportation Centre also found that coercive means are sometimes used to prevent detainees from accessing the right to appeal their deportation. In February 2011 the Supreme Court of Appeal chastised the Department for its lack of respect for individual rights and its use of spurious legal arguments to justify its irregular practices.

A recent review of refugee status determination decisions found that decisions were deeply flawed, failing to meet the standards of reasonableness and characterised by various errors of law …. (Researcher 7 Apr. 2011)

Corroborating information on the treatment of asylum seekers could not be found among the sources consulted by the Research Directorate.

Non-state protection

CoRMSA has also published a Guide to Services for Refugees and Migrants in South Africa in which it provides the names of government departments, statutory bodies, and international and national non-governmental organizations (NGOs) that provide services to immigrants and refugees (2009, 4). The guide lists several national NGOs such as the Law Society of South Africa, the Legal Aid Board, the South African Human Rights Commission, and the Jesuit Refugee Services, among others (CoRMSA 2009, 11-12).

However, according to the university researcher, non-state protection is limited because only a small number of organizations have the capacity to provide "practical measures for the physical protection of foreigners" (7 Apr. 2011). She added that various NGOs do try and assist migrants, but most of them are small and limited in funding and reach, resulting in only a minority of foreigners having access to their services (7 Apr. 2011). She also noted that the few shelters available for the homeless throughout the country "generally do not accept persons without a South African identity document" (7 Apr. 2011).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Consortium for Refugees and Migrants in South Africa (CoRMSA). 11 June 2010. Taking Action on Threats of Xenophobic Violence: Recommendations for the Inter-Ministerial Committee. [Accessed 4 Apr. 2011]

_____. 2009. Guide to Services for Refugees and Migrants in South Africa. [Accessed 6 Apr. 2011]

_____. N.d.a. "CoRMSA." [Accessed 7 Apr. 2011]

_____. N.d.b. "Hate Crimes." [Accessed 7 Apr. 2011]

Eyewitness News [Johannesburg]. 17 February 2011. Catherine Rice. "Xenophobic Attack Victims Demand Damages." [Accessed 6 Apr. 2011]

GlobalPost [Boston]. 23 July 2010. Courtney Brooks. "Families Flee Homes in Face of Xenophobic Violence." [Accessed 6 Apr. 2011]

_____. 12 January 2009. "Our Mission." [Accessed 7 Apr. 2011]

Researcher, African Centre for Migration and Society and the University of the Witwatersrand, Johannesburg, South Africa. 7 April 2011. Correspondence.

United Nations (UN). 27 May 2010. Integrated Regional Information Networks (IRIN). "South Africa: Undertone of Xenophobia to Soccer World Cup." [Accessed 6 Apr. 2011]

West Cape News (WCN). 9 November 2010. "Congolese Man Stabbed in Cape Town Tavern." [Accessed 6 Apr. 2011]

_____. N.d. "About Us." [Accessed 7 Apr. 2011]

ZimEye. 7 July 2010. Tichaona Sibanda. "Zimbabwean Thrown off Train in Xenophobic Attack in South Africa." [Accessed 6 Apr. 2011]

_____. N.d. "About." [Accessed 7 Apr. 2011]

Additional Sources Consulted

Oral sources: A professor of global development studies at the Univeristy of Cape Town and Queen's University, a representative of the Jesuit Refugee Service (JRS) in South Africa, and an associate professor at the African Centre for Migration and Society (ACMS) were unable to provide information for this Response. Attempts to contact representatives at the Agency for Refugee Education, Skills Training and Advocacy (ARESTA); Refugees International (RI); the International Organization for Migration (IOM) - Regional Office for Southern Africa; the Forum of Congolese Organisations in South Africa (FOCAS); and the Refugee Ministries Centre; and the chairperson of the Consortium for Refugees and Migrants in South Africa (CoRMSA) were unsuccessful.

Internet sites, including: ACMS; Africa Confidential [London]; AfricaFocus; Africa Heritage Society (AHS); Africa Research Bulletin [London]; Amnesty International; British Broadcasting Corporation (BBC); Forced Migration Online (FMO); Global Voices; Guardian [London]; IOM; Inter Press Service; JRS; Lawyers for Human Rights (LHR); RI; Treatment Action Campaign (TAC); United Nations (UN) — Refworld, ReliefWeb; WorldFocus; Xenophobia.org.