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LHR condemns government's intimidation tactics against xenophobia camp residents

LAWYERS FOR HUMAN RIGHTS CONDEMNS INTIMIDATION TACTICS AGAINST XENOPHOBIC CAMP RESIDENTS

Pretoria, South Africa, 23 September, 2008

Lawyers for Human Rights has been monitoring the situation in the recently consolidated camps for the victims of May's xenophobic violence.  We have also been following the court process taking place in the Constitutional Court and await the directions from the Court regarding the future of the camps. 

While LHR believes that the camps should be phased out in the near future, we are of the opinion that the delay and lack of willingness on the part of government to make a concrete re-integration plan for these individuals has created a situation where victims of violence do not know whether they can integrate into communities in safety or not. 

We are deeply concerned about reports that methods of coercion and intimidation have been employed in the camps to force residents to leave the sites.  These methods include the removal of identity cards from residents, removing their property, including clothes, arresting residents for "trespassing" and then withdrawing the charges after a weekend in detention. To make things worse, the notorious "Red Ants" was deployed to remove the tents from the residents of the Akasia camps leaving refugees without shelter.

In similar fashion, residents from the Rand Airport site were evicted without notice or court order in breach of its commitment to the Constitutional Court that the government will obtain proper eviction court orders in terms if the Prevention of Illegal Evictions Act before forcing residents to leave the camps.

While we have always taken the position that permanent refugee camps are not an option in South Africa, we feel that the government has a responsibility to create a concrete plan of action for re-integration of camp residents.  While we note that government agents have been working on the ground to investigate conditions in the communities, this appears to have been on an ad hoc basis with no formal plan in place.  We further note that funds have been provided by aid agencies such as the UNHCR and UNICEF to residents to incentivise them to integrate into the community.  While these efforts are assisting individuals to re-integrate into communities, there are still large numbers who fear returning to communities. 

Intimidation and threats cannot replace a concrete plan for re-integration.  We immediately call on government to:

  • Stop all acts of intimidation against camp residents;
  • Not remove the temporary immigration exemption cards issued under section 31(2)(b) of the Immigration  Act;
  • Allow residents access to their property from the camp;
  • To honor its commitment to the Constitutional Court not to evict any residents without a court order authorizing it;
  • Immediately call off the Red Ants who have been deployed in the Akasia camp. 

LHR is concerned that these intimidation methods will lead to further distrust of the government and make it even more difficult for the refugee and migrant communities to integrate into South African society.  Integration of refugees is a legal obligation on the South African government, both in terms of domestic and international law.  We call on government to respect that obligation and assist in the re-integration of these victims of violence.

For more information, please contact:

David Cote, Lawyers for Human Rights,  012-320-2943  /  072-628-7698  / david [at] lhr [dot] org [dot] za