UN slams failure to curb xenophobia
A UN human rights body has launched a scathing attack on the government over its handling of xenophobic violence.
The failure by police to arrest, charge and prosecute perpetrators of attacks on foreigners — as well as the absence of specific legislation dealing with hate crimes — were among the key criticisms raised following a series of meetings held in Geneva last month by the Human Rights Committee of the UN.
The committee, which monitors implementation of the International Covenant on Civil and Political Rights, falls under the Office of the UN Commissioner for Human Rights.
South Africa was among a number of countries assessed over its compliance with the covenant, which Pretoria ratified in 1998.
At least seven people were killed, hundreds injured and thousands displaced in a spate of violence targeting foreigners erupted in Isipingo, south of Durban, on March 30 last year and spread across the country.
A couple of weeks later, Mozambican Emmanuel Sithole was murdered in full view of a Sunday Times reporter and photographer in Alexandra, Johannesburg.
A summary of the UN committee’s findings reads: “The committee is concerned about numerous manifestations of racism and xenophobia, including violent attacks against foreign nationals and migrants, refugees and asylum-seekers, resulting in deaths, injuries, displacement and property destruction.”
Committee member Yuval Shany said the South African government needed to do more to ensure that foreigners were adequately protected.
“One set of the issues had to do with violence and hate crimes, and the strings of events that have taken place in the last decade, on and off . . . which do not appear to have been addressed strongly and comprehensively by the local authorities.
“The very recurrence of these attacks raises issues regarding the level of protection which is being introduced [by the government],” said Shany.
“More seriously, we did not receive sufficient information, which we requested, as to how these [crimes] are being investigated.”
Shany said the lack of information about how many prosecutions had been initiated, judgments rendered or people punished was cause for concern.
“The general concern was about a response which is not sufficiently robust. We did call on the state to redouble its efforts to prevent future manifestations of racism and xenophobia.
“We cannot rule out that the attacks would repeat themselves. The critical question is . . . what measures is the state taking in preventing these crimes from occurring and what is it doing in response?” said Shany. His comments come just days after Sithole’s uncle, Moyana Sithole, revealed that two men who were convicted in November last year of murdering his nephew had reached out to ask for forgiveness.
Moyana, who lives near the spot where Emmanuel was murdered on April 18 last year, said Mthintho Bhengu and Sfundo Mzimela sent two messengers to speak to him.
“I was shocked. I did not know what to say. I just told them to go back. I am the one who was hurt here and I am still dealing with the pain and I am still dealing with the fact that some of his killers were released,” said Sithole.
Bhengu and Mzimela were sentenced to 17 and 10 years respectively. Charges against two other accused, Sizwe Mngomezulu, 20, and a 17-year-old who may not be identified, were withdrawn due to lack of evidence.
Moyana said he rejected the attempted apology because he has not found peace in his heart.
“I don’t know when next the violence will erupt. They can come now, tomorrow or next week.” He said Emmanuel’s family continued to suffer. “This tore the family apart and if I forgive them, I will have to speak to my family so that we agree on forgiveness.”
Marc Gbaffou, chairman of the African Diaspora Forum, said special attention should be given to xenophobia.
“The real challenge is that South Africans don’t believe they can live with other Africans,” he said.
“The majority are very welcoming, but some, when they see you are a foreigner, they see you as being less than human.
“Xenophobia is institutionalised in South Africa. You see it on a daily basis.”
The forum was among a host of organisations that last year lodged a complaint with the South African Human Rights Commission against King Goodwill Zwelithini over comments he made at an event in March last year to the effect that all foreigners should pack their bags and leave South Africa.
A preliminary report found that the Zulu monarch had not incited violence against foreigners, but that the remarks were intended to be “hurtful” and that King Zwelithini should consider apologising.
King Zwelithini, through his legal adviser, Jerome Ngwenya, has said he would not apologise until the final report is out, likely to be later this month.
The findings of an investigation into last year’s violence conducted by the former UN high commissioner for human rights, Durban-born Navi Pillay, is expected to be released this week.