Towards Tolerance, Law, and Dignity: Addressing Violence against Foreign Nationals in South Africa

This 62-page research report discusses the violence against foreign nationals which occurred in South Africa in May 2008. This report presents the findings of a baseline study commissioned by the International Organization for Migration (IOM) and conducted by the Forced Migration Studies Programme (FMSP) at Wits University in Johannesburg, South Africa. This study outlines the political economy of violence against outsiders and the immediate triggers and factors that helped translate xenophobic attitudes into the violent attacks witnessed in May 2008. The report suggests that there is not enough being done to foster re-integration and communication that will ensure that such events do not happen again.

Primary findings and conclusion of the research suggest that:

• there are broad structural and historical factors that led to the May 2008 violence, including the legacy of institutional discrimination and generalised mistrust among citizens, police, and elected leaders;
• there is little evidence to support early accounts blaming the eruption of the violence on a "third force", poor border control, changes in national political leadership, or rising food and commodity prices;
• most violence against non-nationals and other "outsiders" which occurred in May 2008 is rooted in the micro-politics of the country’s townships and informal settlements; and
• by comparing affected and non-affected areas, this report shows that only a trusted, competent, and committed leadership (from grassroots to high-level officialdom) can make a significant difference in terms of preventing social tensions from turning into xenophobic violence.

Beyond these broad conclusions, the research identifies a number of common factors that fostered violence. These include:

• institutionalised practices that exclude foreigners from political participation and justice - often premised on limited knowledge of and respect for the country’s laws and policies, these practices continue to criminalise and vilify foreign nationals and other "outsiders";
• a lack of trusted, prompt, and effective conflict resolution mechanisms, which leads to vigilantism and mob justice;
• political vacuums or competition in community leadership that encourages the emergence of unofficial, illegitimate, and often violent forms of local leadership that enhance their authority and power by reinforcing communities’ resentment towards what is perceived as ‘non-compliant’ foreign nationals; and
• a culture of impunity with regard to public violence in general and xenophobic violence - in particular, that which encourages the ill-intentioned to attack non-nationals and other outsiders for personal and/or political gain.

In responding to the threats and outbreaks of violence, the study finds that local leaders and police were typically reluctant to intervene on behalf of victims. While many non-nationals who fled in fear of the violence have returned to their communities, the study finds that return/reintegration is either undesirable or impossible where foreign nationals’ property has been appropriated by local residents and leaders or where community leaders were actively involved in the violence. The study did not identify any local or national government initiative dedicated to preparing potentially hostile communities for the return or reintegration of displaced non-nationals. Nor did it uncover any systematic effort to hold accountable those responsible for the violence.

If supported by political will and resources, the study found that the following recommendations may help to counter xenophobic tendencies and reduce the risk of future violence:

• develop interventions to promote accountability and counter a culture of impunity;
• put in place resources and mechanisms to encourage existing civil society organisations to support the rights and welfare of non-nationals along with other marginalised and vulnerable groups;
• promote positive reforms to build inclusive local governance structures;
• open up more channels for legal migration;
• support government to address xenophobic and discriminatory practices in public institutions;
• promote a human rights culture among the people of South Africa;
• conduct ongoing, systematic inquiries into anti-immigrant and anti-outsider violence and the political economy of township life;
• foster the work of the government together with international organisations and civil society to develop early conflict and disaster warning and management systems, recognising the difficulties of achieving the reforms outlined above; and
• sensitise and capacitate media to undertake responsible reporting on migrants and migration issues.

The research mentions that there are no guarantees that the recommendations outlined above will prevent future attacks targeted at foreign nationals or other minority groups. However, it points out that in the absence of such measures, South Africa may witness further social fragmentation, as well as disrespect for human rights and the law, resulting in further violence.