The Southern Africa Human Rights Defenders Condemns Xenophobic Attacks against Foreign Nationals in South Africa

The Southern Africa Human Rights Defenders Network (SAHRDN) calls on the Government of South Africa to immediately adopt measures that guarantee the protection of foreign truck drivers from the ongoing violence, intimidation, and harassment that is occurring in the country.

Since the start of July 2020, calls were made by several local organizations, including the All Truck Drivers Foundation (ATDF), for a national truck shutdown over the hiring of foreign nationals in South Africa. Actions taken by the ATDF thus far have included blocking several roads across the country, looting, torching of trucks and attacks of foreign national drivers. Furthermore, several reports indicate that there are also widespread plans to attack foreign-owned shops across the country. 

“The attacks on foreign nationals in South Africa, particularly those who come from other parts of Africa and Southeast Asia, are not new”, said Simphiwe Sidu, Legal Advisor of the SAHRDN. “What we are witnessing is part of a larger societal issue concerning the ongoing systemic challenge of achieving an equal society, particularly in relation to race, class and nationality”, added Miss Sidu

The Constitution of South Africa is founded on the values of equality and the creation of a non-racial and non-sexist society. Section 9 of the Constitution guarantees the right to equality and equal protection and benefit of the law for every person, including foreign nationals who are within the borders of South Africa. In addition, South Africa is a party to a number of international human rights instruments, which promote the right to equality and non-discrimination. Some of these instruments include the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, which all prohibit discrimination and guarantee the equal protection of every person according to the law.

According to previously published reports by Xenowatch, more than 300 deaths and 900 physical assaults related to xenophobia have occurred since 1994 in South Africa. Additionally, more than 100 000 foreign nationals have been displaced within this period. Although the South African Government has recently adopted a National Action Plan to combat xenophobia, research shows that the attacks continue to worsen, and little has been done by the criminal justice system of the country to hold perpetrators of such actions accountable.

While President Cyril Ramaphosa has previously spoken out against the attacks on foreign nationals, we believe that there further needs to be a strong demonstration of leadership from all sectors of government in order to protect the rights and interests of all foreign nationals in the country. The SAHRDN embraces the spirit of Ubuntu and Pan-Africanism, and we call on Mr. Ramaphosa as both the President of South Africa and Chairperson of the African Union to safeguard the unity and protection of all Africans, by ensuring that:

1. The Police and every other relevant stakeholder to immediately investigate the criminal acts and ensure that perpetrators are brought to justice for the harm done.
2. Government needs to take urgent measures in reforming and implementing the National Action Plan to combat Xenophobia, by inviting all relevant stakeholders, including Civil Society Organizations and the public for comments.
3. Government needs to urgently tackle the root cause of Xenophobia in South Africa, including eradicating inequalities in the country in order to promote peace and stability, within the framework of the South African Constitution and any other relevant instruments.
4. Government should promote the founding values of the Constitution by seeking to ensure the need for equitable access of services for every person who lives in the country.