The Chairperson

N. Kollapen

Parktown:

27 October 2004

In view of the inadequate time that we had to prepare this submission, we make the following submission.

Should there be any area for clarification we shall be pleases to provide some supporting documents in terms of specific matters that were brought to our attention and others that we resolved.

We also have some video recoded material that we obtained during interviews with immigrants. The contents is very revealing indeed.

Our team shall consist of five people.

Regards,

D. Mpangane

President

Be pleases to receive the submission of INOF that operates as ICU.

The reason for the name change includes the fact that people of foreign origin are in the main in this country to help build a stable society in all its dimensions. Therefore it is our aspiration that people of foreign origin would be viewed in a positive light having skills, experience, abilities and the good will to make a valuable and positive contribution to this wonderful country.

It is also our hope that this country will prosper in all ways and continue to be a leading light for the development of all African people. To that extent we regard ourselves as community unifiers.

1. This organization, had attended and contributed to the South African’s first National Conference held on the 30 August – 02 September 2000, Sandton Johannesburg, Against Racism, Xenophobia and other forms of intolerances. (A NATION IN DIOLAGUE)
2. Attended the 3^rd United Nations World Conference in August/September 2001 in Durban South Africa.
3. The African Union Meeting in Durban South Africa as well as Maputo Mozambique in July 2002.

1. Isolation from the local environment
2. Fear
3. Feelings of alienation
4. Mistrust
5. Irrational thinking
6. Economic isolation
7. Perceiving threats where none exist

1. Raids by the SAPS and Immigration Officers from the Department of Home Affairs are usually conducted in areas predominantly occupied by Black people.
2. One seldom reads of or receives information that a raid for illegal immigrants was conducted in a residential area predominantly occupied by whites.
3. Death of detainees from Lindela at Leratong Hospital: We submit a list of people that died at the mentioned Hospital for the period January.
4. 2003 – 29 July. It is a practice that when detainees die at Leratong Hospital then they are given paupers funerals. The tragedy of the death of a person is compounded by the fact that relatives of the deceased went to the hospital and were told that they did not know where the bodies were. We can only assume that they might have been buried as paupers. Leratong Hospital should be asked to account for what happens to any deceased immigrant.
5. We were invited to attend a meeting at Leratong Hospital and on two separate occasions one or other party was not present whilst whist we were always there, eventually this meeting did not materialize.
6. It is absolutely critical that we ascertain what were the causes of death in each instance. That information has not been provided to us to this day. Except for the list that we submit here.
7. Bodies of deceased persons are sometimes collected by MEDUNSA and the circumstances in each case need to be clarified and explained to us. How and why did this happen?
8. When a person is arrested there are allegations that bribes are solicited more often than not and it is a matter that is well documented.
9. There is the mistaken belief by several government officials that government departments can deal with this problem alone.
10. Marriage of convenience and other illegal marriages between South African Citizens and immigrants are of great concern to us and we frown upon such actions. The behaviour of some immigrants in this regard could cause a perception that all immigrants engage in such reprehensible actions. We state here for the record that not all immigrants agree or engage in such behaviour. We issued a statement in this regard to the media and regretfully it was not published.
11. The social, and economic hardship suffered, primarily by Black immigrants in this country continues unabated. These are also well documented by many reputable organizations including ICU.
12. Immigration Officers on many occasions for whatever reason do not properly investigate matters affecting Black immigrants, there are many records instances where a immigrants with proper South African documents were arrested and detained in police stations, prisons and the Lindela detention center.
13. Employers are reluctant to employ people of foreign origin for some unknown reason. The alternate is that many people that came into South Africa over 10 years ago find themselves in a very precarious position as they are employed and do not have legal documents so employers ruthlessly exploit them.
14. Some immigrants that arrived in South Africa as many as 30 years ago still do not have legal documents to reside here. Such people are very vulnerable as unscrupulous agents of misinformation provide them with ID documents that they do not realize are fraudulently obtained and when they realize that, there is nothing they can do to remedy the matter. Such people already have families including children here. So they are caught up in a very vicious cycle from which there appears to be no escape. Some such people are over the age of 60.
15. There is no programme in place for immigrates to apply for housing or other social assistance. We are mindful that these services would add up to astronomical sums of money.
16. Most immigrants are even unable to obtain or open a bank account.
17. Business opportunities are available but not for Black immigrants –
18. The Lindela Detention Centre leaves a great deal to be desired in terms of living conditions for the detainees.
19. Lindela has denied us access to visit detainees unless employees of the Department of Home Affairs accompany us.
20. There is a general perception encouraged by certain media elements that portray African immigrants as less worthy to be allowed into South Africa than white immigrants.
21. Certain Home Affairs officials insist that we work through an immigration agent.
22. Untold hardships follow the death of an immigrant in terms of costs, documents and permits to ensure that the deceased obtains a decent burial or is returned to their country of origin, especially those that die at the Lindela detention center many are given paupers burial.
23. The Lindela Detention Centre is viewed as a center for Black detainees, it would be quite interesting to know exactly how many white immigrants are detained at that center.
24. There are still many recorded instances of how members of the SAPS prowl the street of major center stopping only black people and allowing whites to continue without even being asked for a driver’s licence or some form of identification.
25. Political refugees experience major problems when they attempt to obtain medical treatment at public hospitals.
26. Many children of immigrants are unable to attend school due to problems with the parent’s documentation.
27. Many immigrants were provided with South African identity documents during the year 1994 period and shortly thereafter, when the SAPS confront such people the police seize their documents and destroy them. The ID’s issued during that period are commonly known as the "Mandela ID" These acts by the police create additional problems for the immigrants and numerous cases are documented.
28. Certain communities have experienced tension, violence, displacement, loss of material possessions, including clothing like what happened in Rustenburg and Zandspruit. Documents in this regard are also submitted to the commission.
29. Several cases were reported to the SAPS in Honeydew: Case No: 49/10/2001; 1425/10/2001; 1056/10/2001; 1383/10/2001 in all these cases the prosecution declined to prosecute. No reasons whatsoever were given to us. Why in this so?
30. Immigrants living with disabilities are subject to the most horrendous exploitation as they are afraid to complain and more often they do not have any means to even lodge a complaint.
31. Illegal immigrants that are deported to neighboring countries often return within days, because there are "agents" in those countries that convey them back to South Africa, of course for a fee!!

ICU would appreciate a strong and concerted intervention to identify, contain, manage and resolve issues of xenophobia, some matters that we would like to see debated include:

1. A joint task team including ICU, the SAPS, Home Affairs, Foreign Affairs, Dept. of Trade and Industry, Labour, Defence, Social Welfare and Section 9 Institutions of the Constitution be established to ensure that immigrants not be a burden to the economy and society.
2. An amnesty period is reopened for African immigrants that lied in South Africa for not less than 7 years to enable such people to obtain legal documents. More details can be provided in terms of this matter.
3. More openness by the government departments to assist African and Asian immigrants.
4. More honesty from banks to treat African immigrants with respect, dignity and proper consideration.
5. In view of its historical significance ICU is not only a stakeholder in this process it is an essential resource and common sense dictates that it should be consulted on a more regular basis by various and interested government departments.
6. Perhaps the department of Home Affairs would consider employing more immigration official so that each suspected case of an illegal immigrant could be properly investigated.
7. We believe that the UN should be requested to provide some financial support to assist in dealing with xenophobia.
8. It is also our recommendation that all countries that sell or supply arms and ammunition to any African country be approached to provide financial support in dealing with the issue related to xenophobia. Furthermore we believe that such countries have a moral obligation to assist in resolving these ongoing issues. Many attitudes can clearly be traced back to the colonizers activities, philosophy, policies, laws and economic strategies.
9. At present we are seriously researching and reviewing what possibilities there might be in terms of legal recourse against such countries if they do not co-operate willingly to assist in rolling back xenophobia. Another area that we are looking at is the role of huge corporations in encouraging xenophobia during the apartheid era and its legacy.
10. We would also appeal to the Honourable Members of Parliament; Home Affairs and Portfolio Committee to allocate us some of their very valuable time to have more in-depth discussion on all matters including the immigration regulations and other legislation and obtain guidance from them on how to interact with them in terms of legislation and if that were to be followed through it would result in further hardships for the already vulnerable immigrants.
11. The Association of Immigration Practitioners of South Africa is a Section 21 Company. According to their advice, we applied for recognition as an immigration practitioner and made the required application.
12. After completing the necessary application, they turned it down; a copy of their response is handed to the Commission. We find their attitude and response unacceptable. If we follow their advice and decisions then greater financial and social hardships would be visited upon the already beleaguered immigrant community.
13. We would appreciate information about the company mentioned in point 11 in terms of its shareholders, mandate, authority and function.
14. We believe that the Department of Home Affairs should review the functioning of their offices that deals with immigrants like those in Braamfontein and Durban specifically.
15. A system should be effected without delay wherein ICU among others could have access to the detainees at Lindela to facilitate and if possible resolve matters that might be of consent to such detainees.

ICU stand ready to assist in every possible way to ensure that we have a free, democratic and prosperous country and to that end we can make our personnel available to consult with all the relevant authorities in dealing with xenophobia and its effects.

Mr. Chairman, ICU is very resolute in ensuring that we assist in every manner to improve the lives of both immigrants and South Africans, our determination stems from the fact that we are fully aware that we cannot depend on any outside body but have to become self sufficient as Africans. Our presentation today focuses on the African and Asian immigrants nevertheless we do not exclude White immigrants, though our research and observations reveal that Whites immigrants do not suffer the same degree of xenophobia and its effects as the former.

Our stance and policy positions are anchored on the following pillars:

1. South Africa has one of the best constitutions in the world, as an African and World Leader and that all of Africa looks to South Africa for leadership, guidance and innovative approach to successfully solving problems including that of xenophobia.
2. An African Continent that is able to legislate, and assist in the free movement of people from one country to another. On a similar bases to the movement of people within the European Union.
3. A very successful NEPAD, African Union and African Parliament.
4. A Human Resources audit of available skills, and experience of immigrants that could be put to its best use in South Africa and all of Africa.
5. A consistent approach in dealing with xenophobia as a basic principle of NEPAP, the AU, African Parliament and all other African bodies, some mechanisms to assist in this process should include Education, Arts, Technology, Cultural Exchange Programmes and Traditional Medicines.
6. An audit of Mineral and wild life resources and their use to ensure their maximum benefits to Africa. Where Africans cease to be a cheap raw materials supplier whilst finished products are returned at more than 10 times the price of such raw materials.
7. An integrated law enforcement prograrmme for all of Africa, to enable the innocent to travel without let or hindrance whilst denying such movement to criminals – Technology and Human Intelligence are essential in this process.

We would like to express our appreciation to many of the dedicated and committed staff members of the Department of Home Affairs, and the SAPS that we interact with on various occasions and some businesspeople.

Those included from Home Affairs, M. Lefako, D. Lebogo, M. Ndwandwe, and Home Affairs Director for East Gauteng H. Steyn, D. Buthelezi and Van der Berg from Johannesburg Home Affairs, Bob Singh from Home Affairs Durban, Senior Supertendent Moodley and Captain Naidoo from Lenasia, Inspector Jaggadu from Hilbraw, Director Rajin and Businessman Chris Du Preez.

The Mozambican Consulate, the Zimbabwean Consulate, Malawian Consulate, Zambian Consulate and Pakistan High Commission.

a) President Mr. Matusse Mpangane Dennis

b) Deputy President Mr. Sithole Enoch

c) 2^nd Deputy President Ms Mukeba Odile

d) Strategic Manager Mr. Pillay Richard

e) Secretary General Mr. Matenje Jabulani

f) P. R. O. Mrs. Radebe Connie

The Hon. Sithole

The Chairperson

Parliament Portfolio Committee Foreign Affairs

P. O. Box 15

Cape Town

4 November 2004

S. A. HUMAN RIGHTS COMMISSION HEARINGS XENOPHOBIA

Be pleased to receive this further by directive of the National Executive Committee:

With reference to our submission that consisted of the written and verbal presentation we restate our positions contained therein and wish at this stage, after very careful consideration of the submissions of the other Non Governmental Organizations we hereby state that we:

1. Express our appreciation for all the efforts that government has made in dealing with the very vexing problem of xenophobia.
2. Distance and disassociate ourselves from their expressed and implied statements regarding the South African Government disregard and inability to perform its functions.
3. Reject that Government is doing nothing to alleviate the sufferings of the migrants in South Africa.
4. Reiterate our commitment to seek partnerships in dealing with problem of xenophobia and have identified government department as key role players together with the Section 9 Institution of the Constitution and the various Parliamentary Portfolio Committee including Home Affairs, Labour, Safety & Security, Defense, Trade and Industry, Justice & Constitutional Development, and Provincial & Local Government.
5. Seek further engagement with any other body that is willing to be proactive and constructive in dealing with xenophobia.
6. Have the fullest confidence that your committee shall continue to engage with us in a concerted manner to deal with xenophobia and development in terms of NEPAD, the African Union and the African Parliament on a more regular and vigorous basis.
7. We shall further submit our analysis and synthesis of the whole hearing to you in due course.

Should you wish to communicate or obtain any further clarification please do not hesitate as we reaffirm our commitment to become partners in development of our wonderful country.

Thanking you in anticipation.

President

Tel +27 11 333 – 666 5

Fax +27 11 333 – 330 2