In all the studies that we have conducted we noted with concern the xenophobic tendencies across South African society not only at the level of the public but also of government. With this backdrop in mind, we welcome the proactive steps taken by the SAHRC together with the Portfolio Committees of Foreign Affairs and Home Affairs to host Open Hearings on Xenophobia and problems relating to it.

While South Africa has made great strides in its first 10 years of democracy by, amongst others, adopting a progressive Constitution, specific legislation to address the governing of refugee affairs and immigration matters separately, and acceding to a number of key international conventions governing the treatment of refugees and migrants, there seems to have been limited progress in addressing the rise of xenophobia in the country. While a number of initiatives have been undertaken over the years by entities such as Lawyers for Human Rights and the Roll Back Xenophobia Campaign to train government officials and to raise awareness amongst the public at large about the different types of foreigners and the contributions that they can make to the development of the country, there has been a seeming lack of willingness on the part of the government to lend their weight to, and embrace, these initiatives.

To begin to change the xenophobic attitudes of different sectors of society will require a long-term concerted and cooperative effort on the part of civil society, government and the private sector. Changing attitudes towards foreigners is a process that would be best served by adopting a multi-pronged strategy. Below are a number of practical interventions that could be considered to begin to engage in this process. Some of them could be relatively immediate, while others will take longer to bear fruit, as long as there is real commitment on the part of all sectors to address the problem.

Government leaders should lead by example and be outspoken about the issue of xenophobia. The public listens to what government has to say and it is not fruitful for government leaders to make foreigners responsible for the demise of the RDP or rising crime in the country; as has happened in the past. It is critical for leaders such as President Mbeki and Minister Dlamini-Zuma, amongst others, to speak out against xenophobia on a regular basis. While government leaders have spoken on these issues surrounding key events such as the World Conference on Racism and Africa Refugee Day, these interventions have been sporadic and inconsistent. Government should send constant messages to the public and to its members that xenophobic tendencies contradict the core principles of respect for human rights embodied in the SA Constitution. Government failing to take a clear public stand on these issues impairs the valuable work being carried out by non-governmental organisations to combat the rise of xenophobia in the country.

President Mbeki has embraced a concept of the African Renaissance which could be relied upon to highlight the valuable contribution that foreigners can make to the South African economy and its development. For instance, while the government has adopted an Immigration Act that highlights the desire to attract skills that are difficult to find in the country, it Is ironic that asylum seekers and refugees who are already in the country1 relatively well-educated and Possess these skills are unable to exercise them for the benefit of the country. There is also ample evidence produced by the Southern African Migration Project which indicates that a significant proportion of migrants in the country are highly entrepreneurial and able to employ South Africans in their businesses. In other Words, the government could rely on the above examples to combat xenophobia through highlighting the contributions that foreigners can make to the country.

In our research and discussions with government officials at different levels of government we found a great deal of ignorance amongst officials regarding the different groups of foreigners that are currently in South Africa. It was often quite difficult for government officials to be able to discern between different categories of migrants! asylum seekers and refugees. This lack of awareness often led to xenophobic tendencies amongst them and a general predisposition to consider most foreigners to be 'illegal' or undocumented. With particular regard to asylum seekers and refugees, government could work closely with the UNHCR, the Roll Back Xenophobia Campaign and the National Consortium on Refugee Affairs to conduct awareness and education campaigns to sensitise government officials, and particularly Home Affairs officials and personnel, working at Refugee Reception Offices, on the rights of asylum seekers and refugees as contained in the SA Constitution and the Refugees Act of 1998.

The government has a duty to educate the South African public about the need to respect basic human rights when dealing with others, be they foreigners or not, and help them differentiate between different categories of foreigners, as some rights accorded to them differ. For instance, while all foreigners are protected by the rights contained in the Bill of Rights, groups such as asylum seekers and refugees are also protected by the Refugees Act of 1998, which governs the different aspects of their stay in the country.

To raise awareness about foreigners, increase tolerance and fight against xenophobia, the government could make use of community radio programmes in local languages and the public broadcaster to instigate debate and encourage people to air their views. While a less accessible medium to the poorer sectors of the population, important initiatives have already been undertaken by television programmes to incorporate issues around the treatment of foreigners into their story lines.

In order to educate younger generations, school curricula (in subjects such as geography, politics, etc) should incorporate learning about other countries, particularly African countries, their challenges and successes. This might help towards addressing the insularity that was cultivated by the system of apartheid.

The private sector also has an important role to play in combating xenophobia. At present, while asylum seekers and refugees have the right to work while they are in South Africa, asylum seekers and refugees find it extremely difficult to find employment and apply their valuable skills because employers generally do not recognise the Section 22 and Section 24 permits issued to asylum seekers and refugees, respectively, by the Department of Home Affairs. Moreover, employers continue to fail to recognise the maroon identity documents issued to recognised refugees as valid documents for employment While the DG of Home Affairs announced, approximately a year ago, that everyone would be issued with smart cards that would replace the existing ID documents, this has yet to happen. In the meantime, government must take proactive steps to inform employers not only that groups like asylum seekers and refugees have the right to work, but also that their current documents entitle them to legally work in the country without the need to have a separate work permit - something that they would not be able to obtain. Allowing groups like asylum seekers and refugees to find employment and contribute their skills could go a long way in fostering integration and understanding towards foreigners.

In the interest of Batho Pele, government should make concerted efforts to facilitate the reporting of verbal and physical abuse against foreigners in key places of service. This could take the form of an anonymous telephone hotline that members of the public could contact. This could take the form of putting up posters/information sheets at places such as police stations, prisons, detention facilities, and Refugee Reception Offices amongst others, which outline what people can do to report incidents of xenophobia. These should incorporate a strong message from government arguing that it is everyone's duty to report these incidents to help in curbing the problem.

Lastly, SA Human Rights Commission must institute monitoring procedures and report on the number of complaints/incidents involving xenophobia and ensure that the government upholds its responsibilities, as outlined in the Immigration Act.

Submitted by M. Florencia Belvedere

Acting Director, C A S E

28 October 2004