Abstract
Xenophobia, simply put, is the fear or hatred of foreigners or strangers; it is embodied in discriminatory attitudes and behaviors, and often culminates in violence, abuses of all types, and exhibition of hatred. Theoretically, the best and only solution is to remove enemy images; however, it is debatable whether this can be done. In the same breath, protecting migrants’ rights may be the best way to enhance state sovereignty in a globalized world. The protection of fundamental human rights and freedoms transcends municipal and international laws. However, it is the state’s responsibility to uphold human rights through its laws and enforcement. This work examines the constitutional rights of non-citizens in South Africa within the context of its immigration law and xenophobia. The motives of xenophobia are considered. It will be argued that foreign nationals are particularly vulnerable to the restriction of their access to justice as the immigration laws and policies have not adequately guaranteed foreigners certain inalienable rights. The states uncoordinated attitude towards xenophobic attacks raises doubt as to whether there can be compliance with the sacred constitutional obligation to protect and preserve lives of all people within the country. For on the one hand the law claims to protect non-citizens while on the other, no prosecution has been made against anyone involved in xenophobic attack. The failures of the state will be observed and necessary suggestions will be proffered by this work to aid policy makers.
Highlights
Love thy NeighboursExploring and Exposing Xenophobia in Social Spaces in South Africa, Alternation Special Edition No 7
Xenophobia, put, is the fear or hatred of foreigners or strangers; it is embodied in discriminatory attitudes and behaviors, and often culminates in violence, abuses of all types, and exhibition of hatred
As a result of these realities, it is imperative that the rights to physical security of asylum seekers and refugees are protected by adequate measures.“Physical Security”is clearly fundamental to refugee protection11 but the 1951 United Nations Convention Relating to the Status of Refugees (1951 Convention)12 does not contain a specific provision on the right to physical security
Summary
Exploring and Exposing Xenophobia in Social Spaces in South Africa, Alternation Special Edition No 7 While racism is a distinction based on difference in physical characteristics, xenophobia stems from a perception that the other is foreign to or originates from outside the community or nation.. Laws, regulations and institutions are formulated and created to reproduce racist ideology but under xenophobia institutions have been used to exclude the other, but these institutions were not deliberately designed to reproduce xenophobic sentiments.25 It is based on the discriminatory treatment of the “other,” on the basis of the other’s national origin or ethnicity. Likewise in May 2008 several South African cities witnessed large-scale xenophobic attacks that mostly targeted migrants of African origin.31 This episode marked the latest development in a long series of violent incidents involving the victimization of migrants and refugees in the urban areas of the country. Alexandria township which is located to the north-east of Johannesburg was the site of one of the first waves of violence against foreign nationals, which later spread to other townships across the country in May 2008 and resulted in the deaths of more than 60 people (including South Africans nationals and foreign cross-border traders).
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