A/HRC/21/59
Annex II
[English only]
Summary of the expert presentations and initial discussions
on the topics of “Xenophobia” and “Establishment,
designation or maintaining of national mechanisms with
competences to protect against and prevent all forms and
manifestations of racism, racial discrimination, xenophobia
and related intolerance”
I.
Expert presentations and initial discussion on “Xenophobia”
1.
At the 2nd meeting, on 10 April, the Chairperson-Rapporteur welcomed H.E.
Nozipho January-Bardill to make a presentation on South Africa‘s recent experiences with
xenophobia and its institutional responses.
2.
She explained how specific national historical, political economic and social
circumstances in South Africa have developed into a situation where violent xenophobia is
integral to the nation building project that South Africa embarked on in 1994, ironically to
transform the nation and advance the African Renaissance.
3.
Xenophobic tendencies against foreign nationals and more specifically African
migrants had been documented only since 1994 and the trend is that there has been a steady
increase of migrants over the years. She added that the violence which had characterised
South African xenophobia was peculiar in that it had been aimed at other African nationals
and not against foreigners in general. The violence has been confined to the urban informal
settlements in South Africa‘s major cities characterised by high levels poverty, relative
deprivation, and unemployment and housing shortages.
4.
She went on to explain briefly that the possible reasons and explanations were
rooted in the past and in the present, including apartheid‘s ―foreign natives‖ and inferior
aliens policies; negative and exclusionary social attitudes; historically discriminatory
immigration policies; and poor service delivery. The rapid rate at which xenophobia has
spread among South Africans in the past decade as well as its violent expression against the
African population has much to do with aspects of the nation building project and the
limitations of the new state in fulfilling the promises made to its struggling citizens.
5.
A number of institutional responses to xenophobia were outlined during Ms.
January-Bardill‘s presentation. The role of the local media in using stereotypes of migrants
and foreign nationals as inferior and inherently criminal was presented. Criminalization and
discrimination against foreign nationals by political, immigration and law enforcement
agencies; the need for government interventions, especially those which condemned all
threats of xenophobia at the highest level were explored. Other responses included
awareness-raising and education, prevention strategies, crisis management, conflict
resolution and prevention strategies, access to justice for victims of xenophobic violence,
disaster management during humanitarian crisis and internal displacement; Recourse to
justice in the form of more robust laws to promote and protect the rights of migrants was
imperative; as well as robust regional development and reparations for past suffering.
6.
Ms. January-Bardill concluded that non-citizens enjoyed relatively extensive formal
rights under the 1996 Constitution and its Bill of Rights. Only the Government could
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