Probing Violence and Attacks against Foreign Nationals 11 September 2019

1. Probing Violence and Attacks against Foreign Nationals 11 September 2019 Summary of the FINDINGS AND RECOMMENDATIONS OF THE MINISTERIAL & PARLIAMENTARY REPORT (2008 -2010)

2. SA Probes Violence and Attacks against Foreign Nationals INTER-MINISTERIAL RESPONSE 2008-2015 PARLIAMENTARY REPORT 2008 PARLIAMENTARY REPORT 2015 1994 1st DEMOCRATIC ELECTION

3. 2008 INTER-MINISTERIAL COMMITTEE • Mandate : investigate causes of the attacks, make recommendations about action that need to be taken to prevent the recurrence of this negative tendency. • Composition :Departments of Home Affairs, Safety and Security, Social Development, Health, Education The Presidency (6) and later premiers • Outcome :August 2008 Social Dialogue on Xenophobia A Declaration - committing to the elimination of xenophobia through public education, educating immigrants about their rights and responsibilities. Summits were to be held in 9provinces popularise the declaration

4. 2010 INTER-MINISTERIAL COMMITTEE • Mandate : deal with Threats of Violence against Foreign Nationals • Composition : Ministers of Police (Chairperson) Home affairs, Social Development, State Security, Basic Education, Cooperative Governance and Traditional Affairs, Arts and Culture, & International Relations and Cooperation (8). • Findings : Involvement of unemployed young people, Law enforcement agencies failure to protect foreign shop-owners Retaliate to prevent looting is that them.

5. 2015 INTER-MINISTERIAL COMMITTEE • Mandate : deal with all the underlying causes of the tensions by addressing, inter alia; implementation Labour Relations policies affecting FNs, laws that govern business licenses, Border management and generally the country’s migration policies. • Composition : Ministers Planning, Monitoring and Evaluation (Chairperson);  Police( Deputy Chairperson); Home Affairs; Cooperative Governance and Traditional Affairs; International Relations and Cooperation; Defence and Military Veterans; Social Development; Health; Basic Education; State Security; Justice and Correctional Services; Small Business Development; Trade and Industry; Human Settlements. (14) • Outcomes : Tackling Criminality through multidisciplinary interdepartmental approach - Operation Fiela– Reclaim rid SA of illegal weapons, drug dens, prostitution rings and other illegal activities.

6. PARLIAMENT RSA’s INTERVENTION • Report of the Task Team of Members of Parliament Probing Violence and Attacks on Foreign Nationals – 2008 • Report of the Ad Hoc Joint Committee Probing Violence Against Foreign Nationals - 2015

7. MEMBERS OF PARLIAMENT PROBING VIOLENCE AND ATTACKS ON FOREIGN NATIONALS – 2008 BACKGROUND • On 11 May 2008, a series of violent attacks against foreign nationals broke out in Alexandra Township in Gauteng and spread to other areas in Gauteng and other provinces. • On 13 May 2008 the NA passed a resolution that established the Task Team of Members of Parliament probing violence and attacks on foreign nationals. • The Task Team report on its oversight visit to Alexandra, Tembisa, Germiston and Reigerpark/ Ramaphosaville on 26 May 2008 made several recommendations. • 62 people including 21 South Africans died in the attacks 14 647 people were displaced Patricia Whittle (2015)

8. 2008 Findings • The attacks took place in areas affected by poverty, most notably informal settlements. • Socio-economic inequalities, competition for scarce resources, poor living conditions and a high rate of unemployment worsened situation. • Exploitation of xenophobic attitudes and criminals taking advantage of the situation. • The role of youths between the ages of 16 and 22 years was commonly reported and should be further explored. • Complaints that the police go after South Africans and documented migrants while undocumented migrants were not pursued for breaking the law. • No confirmation of a “third force” with the authorities and persons they interacted with during the visit.

9. 2008 Short & LONG Term Recommendations • Hold joint public hearings on the entire policy and legislative framework dealing with migration and immigration, including the magnitude of the problem of undocumented migrants. Monitor compliance with policy and identify gaps and challenges. • Special hearings on MDGs and the Integrated Sustainable Rural Development Programme. • Educate and create awareness along the lines of “We are all Africans”. • Relevant government departments and non-governmental organizations should look at establishing orientation programmes which inform communities about work and business opportunities available to them.

10. 2008 Specific Recommendations • PC Home Affairs: ensure the Department of Home Affairs prioritise issuing foreign nationals with correct documentation, maintain adequate records and root out corruption. • Relevant committees: Conclude the processing of the Refugees Amendment Bill. • PC Safety and Security (now PC Police) and Joint Standing Committee on Intelligence: engage with report of inter-ministerial task team investigating root cause of violent attacks on foreign nationals. • PC Safety and Security: establish the ability of (i) crime combating units to deal with crowd control to stem future attacks and (ii) police response to violent situations in general.

11. 2008 Specific Recommendations • PC Foreign Affairs (now PC International Relations): Monitor DIRCO programmes to ensure missions can deal with enquiries about violence and attacks, incl. Government initiatives to combat reoccurrence. • PC Justice and Constitutional Development: monitor Special Courts progress in processing cases of violence against foreign nationals. • Security cluster committees: review policies, practices regarding border security, ports of entry. • PC Housing: monitor Department of Housing initiatives to disseminate information to communities about the national housing code and housing allocation criteria. • NA and NCOP: Labour, Provincial and Local Government, Finance cluster committees: examine allegations that foreign nationals and undocumented migrants trade without relevant permits in contravention of provincial and local bylaws.

12. 2008 Specific Recommendations • PC Foreign Affairs (now PC International Relations): Monitor DIRCO programmes to ensure missions can deal with enquiries about violence and attacks, incl. Government initiatives to combat reoccurrence. • PC Justice and Constitutional Development: monitor Special Courts progress in processing cases of violence against foreign nationals. • Security cluster committees: review policies, practices regarding border security, ports of entry. • PC Housing: monitor Department of Housing initiatives to disseminate information to communities about the national housing code and housing allocation criteria. • NA and NCOP: Labour, Provincial and Local Government, Finance cluster committees: examine allegations that foreign nationals and undocumented migrants trade without relevant permits in contravention of provincial and local bylaws.

13. PARLIAMENTARY Ad Hoc Joint Committee Probing Violence Against Foreign Nationals - 2015 BACKGROUND • January – April 2015 aspate of violence against foreign national broke out in Gauteng (Johannesburg Soweto Snake Park, Zola and Emndeni, Tshwane Ekurhuleni ), KwaZulu-Natal (Ethekwini). • Out of seven people killed during the violence in 2015, three were South Africans and four were foreign nationals. • The Ad Hoc Joint Committee on Probing Violence Against Foreign Nationals (the Committee) was established by the National Assembly (NA) on 6 May 2015 and by the National Council of Provinces (NCOP) on 7 May 2015 in terms of Joint Rule 142. • Mandate : Probe into the incidence of violence against foreign nationals and related matters while incorporating into its work the report and recommendations of the previous Task Team of Members of Parliament Probing Violence and Attacks on Foreign Nationals in 2008. Make recommendations where applicable.

14. GENERAL Findings • Foreign nationals leave country of origin because of high levels of poverty, unemployment and political instability, education reasons and work permits for professionals. • The main causes of the violent attacks were criminal actionse.g theft where South African criminals who are often drug addicts steal from spaza shops. The spaza owners would retaliate, shooting using unregistered firearms instead of reporting the matter to the police. • The lack of implementation of social cohesion programme, following the 2008 violence against foreign nationals leads to challenges in accessing services. The predominance of illegal entries in the country accentuates the difficulty in government planning to provide services for them.

15. GENERAL Findings cont… • The violence related to migrants was found to be amplified by these complex challenges: • Rapid urbanisation • Pressure on basic services and amenities. • Absence of permits means many foreign nationals cannot enter the formal economy (cannot open a bank account, apply for a formal job, apply for credit or loans, pay taxes or buy a car) so are forced into the informal economy out of necessity to earn an income. • Uneven enforcement of regulation • Regulatory compliance particularly for small businesses needs to be improved. • South Africans rent out RDP housing to foreign nationals who in turn open spaza shops in these houses. • Many foreign nationals seeking asylum in the country were found to in fact be economic migrants.

16. Small Business FOR FINDINGS • South Africans affected by high levels of unemployment and poverty establish survivalist businesses that receive minimal or no support from government and thus are particularly sensitive to increased competition. • Unfair advantage. It was alleged that some small businesses are owned and funded exclusively by big businesses. These small businesses are at an advantage because they are able to procure cheaply from the big businesses. • Ownership challenges. Some businesses are registered with the South African Revenue Services but are run by foreign nationals sometimes making it difficult for SAPS to trace persons implicated in crimes. • The proliferation of shopping malls with no consultation or partnership with existing small businesses results in the closure of many small businesses.

17. Small BuSINESS FINDINGS cont… • Security related risks e.g. in Gauteng some ex-military personal from other African countries were allegedly residing in communities, the mushrooming of unregistered places of worship, small businesses and NGOs found to be a front for illicit activities such as brothels or trade in narcotics. • Exploitation of foreign nationals by organised business requiring longer hours for less pay than, particularly in sectors such as tourism, taxi services, gardening and domestic services, car guarding and security services etc. This creates resentment amongst South Africans. Foreign nationals are also exploited because of not being unionised or being undocumented. • Nevertheless some foreign nationals ran to the SA police for protection showing trust in the South African Constitution, which guarantees protection of all people in South Africa.

18. 2015 Recommendations • Affected countries and Parliaments should work together to address socio-economic and political conditions as well as in promoting peace and stability. • Government through the work of institutions such as the IMC on Migration, and such bodies at a provincial level, should continue to monitor, pre-empt and protect vulnerable communities. Operations such as Fiela should be supported until the root socio-economic causes of violent attacks are addressed. • The South African Government should continue to play its role in peace-keeping and other assistance on the African continent. • Better policing of containers and counterfeit goods by South African Revenue Services at ports of entry such as using cargo scanners. • South African Human Rights Commission should conduct education campaigns with an emphasis, not only on the rights, but also on the responsibilities of migrants in the country. • IMC should continue to produce progress reports of the on Migration and they should be tabled with the respective Parliamentary Committees for the monitoring of implementation of the recommendations.  

19. 2015 Recommendations • The Department of Small Business Development should better assist South African small businesses both in financial and non-financial needs. • Government through the Minister of Arts and Culture should further promote social cohesion by all government departments across all races and nationalities, including through the use of intercultural sport. • Municipal Government in Gauteng and KwaZulu-Natal needs to better ensure the provision and monitoring of business permits. • The Provincial Government of Gauteng, KwaZulu-Natal and the Western Cape should exchange ideas on addressing prejudicial violence since each province has different strengths. • The Premier of KwaZulu-Natal should submit to Parliament and publish widely the report of the Special Reference Group once it is completed. • The Premier of Gauteng should ensure that mechanisms are put in place to better ensure implementation of Government policy of 30%procurement fromSmall, Medium and Micro Enterprises and70% local procurement.

20. Common Findings • Socio-economic challenges i.e high levels of poverty and unemployment at the centre of attacks. • Disturbing issue of undocumented foreign nationals • Unfair competition for scarce resources • Permits and rezoning challenges • Both SA citizens and foreign nationals killed • Border and Asylum challenges • Opportunistic criminals • Youth involvement • Lack of integration or low levels of social cohesion (Social cohesion is a concept with multiple definitions and uses in the development community. Its general aim is to ensure that all citizens, without discrimination and on an equal footing, have access to fundamental social and economic rights. ) (United Nations Digital Library, 2010)

21. Common Recommendations • Deal with the matters of concern raised by South African citizens and ensure that these are adequately addressed through Parliamentary processes. • Ensure adequate policing • PC on home Affairs • Address Borders and Asylum challenges • Education campaigns on rights of migrants • Inter-Ministerial Task Team on Migration - Monitoring of implementation of the recommendation

22. CONCLUSION First Democratic Elections 1994 Ist Major Incident Violence Against Foreign Nationals 2008 (14 years ) 3rd Major Violence Against Foreign Nationals 2019 (4 years) 2nd Major Incident Violence Against Foreign Nationals 2015 (7 years) ??

23. PROPOSED WAY FORWARD • Update by the relevant Departments iro of recommendations Current status Implementation progress Challenges Action Plan with time frames • Regular/ quarterly or bi-annual follow-ups by PC on Small Business Development

24. Ndiyabulela • Kea Leboha • Thank you