Xenophobia has yet to be addressed (Natal Mercury)

Cynthia, who fled the Democratic Republic of Congo to find safety in this country a year ago, says: "I don't want to live in South Africa too long; I am so scared for my little boy." She arrived in June when the countrywide xenophobia attacks had ended, but says even today she is scared to speak to her child when he cries in a taxi, because he only understands French and she has been victimised for not speaking Zulu several times. 

More than a year after the brutal killings, some foreigners in South Africa continue to live in fear that they will fall victim to angry South African xenophobes, and organisations working with them say the government has not done enough to remedy the situation. During the recent service delivery protests at least 100 foreign nationals were displaced in Balfour, Mpumalanga, and were forced to seek refuge at the local police station. 

Somalian traders are also continuously under attack in the Western Cape. Although authorities were quick to dismiss xenophobia in the Balfour incident, Duncan Breen from the Consortium for Refugees and Migrants in South Africa (Cormsa), said: "There's a real risk that the current wave of protests can turn on foreign nationals"

He said organisations which worked with non-nationals were currently setting up communication networks with police and local government officials so that any incidents could be reported.  Breen said the violence which swept across the country last year still existed, but on a lower scale.  "The key issue is early warning systems."  2008's attacks which started in Alexandria, left more than 60 people dead and led to the displacement of thousands of refugees and migrants, many of whom subsequently opted to leave the country.

Kaajal Ramjathan-Keogh, who represents Cormsa as well as Lawyers for Human Rights, said there has already been a "fair number" of xenophobic attacks around the country since the May 2008 attacks, and still there has not been any official inquiry into these matters. She said the Human Rights Commission had agreed to carry out such an inquiry but had still not done so. 

"It is highly likely that these kind of attacks will continue until there are adequate measures put in place to prevent them and to deal effectively with perpetrators of violence.  "Refugee and migrant communities are afraid that they will continue to be targeted until the government starts to protect them," said Ramjathan-Keogh.

In a report relating to the protection of non-nationals, Cormsa said last year's attacks revealed "serious shortcomings" in the country's ability to respond to people in need.

It said the role of civil society organisations in reacting quickly and flexibly to humanitarian needs and providing a wide range of crucial services was impressive, while there was also many government employees who invested time, energy and care beyond their formal duties.

However, one of the most important barriers to effective disaster response last May was the lack of government leadership. "Co-ordination and communication were among the most important issues and those were managed least effectively," said Cormsa. 

The report said there were generally no accepted norms and standards for humanitarian service provision.  "This lack of emergency preparedness puts all South African residents at risk." Cormsa said the National Prosecuting Authority had reported in March that 1 627 xenophobia suspects were initially arrested resulting in 469 criminal cases. 

It said of these cases only 70 had then been finalised with a guilty verdict, 35 with a not guilty verdict, 208 cases had been withdrawn and 156 cases remained outstanding.  The most common charges were public violence, assault and housebreaking, which indicated that those facing charges were simply those arrested on the scene rather than as the instigators of the violence, said Cormsa.  This meant that there was therefore no accountability for many of the instigators and perpetrators. 

Cormsa's report also quoted research from the Wits University's Forced Migration Studies Programme which indicated that local leaders like ward councillors, business leaders, and self-appointed "community leaders" were responsible for instigating violence in many of the areas where it occurred.  However, the report said that these individuals had not faced any legal action stemming from their actions and remained in leadership positions. 

Last week Jody Kollapen from the Human Rights Commission told The Mercury that an inquiry had been delayed because of limited resources, but that the commission had recently sent off a funding proposal and were hopeful that it would be successful. Kollapen said although the commission had not instigated an official inquiry, it had been working with Cormsa and had been to communities in Alexandria and Atteridgeville. 

Kollapen said one thing that had emerged was that government should be more visible in dealing with the issue.

• This article was originally published on page 10 of The Mercury on August 11, 2009