PASSOP, South African Human Rights Commission and 39 Unlawfully Detained Immigrants Take SA Minister of Home Affairs to Court

The South African Human Rights Commission (“SAHRC”) and People Against Suffering, Suppression, Oppression and Poverty (“PASSOP”) as well as 39 unlawfully detained foreigners have instituted urgent court proceedings against the Department of Home Affairs for systematically and unlawfully detaining foreigners for in excess of 120 days in contravention of the Immigration Act.

It is with great disappointment that PASSOP along with the SAHRC have instituted proceedings against the Minister of Home Affairs (“Department”) for unlawfully detaining foreigners in contravention of the Constitution, the Immigration Act, and Immigration Regulations. Proceedings were instituted on Friday the 2nd of November 2012 in the South Gauteng High Court.

It is clear to PASSOP that the Department has failed to respect the law and as a consequence the fundamental human rights that the laws are meant to protect. It is also clear to us that this is an endemic problem and without serious intervention, South Africa will continue to fail to protect the rights of detained foreigners. We call upon the new Minster of Home Affairs to take the human rights of all persons seriously and not to waste tax payer’s money defending unlawful actions that undermine our integrity as a country. We call upon the Minister to release the thirty-nine detained applicants and to swiftly adhere to our demands that Lindela become accountable.

The group of thirty-nine unlawfully detained foreigners are joined as applicants in the proceeding. These foreigners have all been detained at the Lindela Repatriation Centre in excess of 120 days, which is the maximum period of detention allowed by the Immigration Act. Some of these thirty-nine foreigners have been detained for as long as 16 months.

Under the conditions that foreigners are detained, they have limited capacity to enforce their rights. Many of them are unaware of their rights and have limited access to legal representation. As a result, it is almost impossible for foreigners to be released and for them to realise their right to just administrative action without our organisational intervention.

The Lindela Repatriation Centre has a history of unjust administrative action towards foreigners. The immigration detention practices and policies of the Department have not changed in substance, although the prevailing legislation is now different.

This sort of systematic abuse of foreigners represents a continuous violation of human rights by the Department of Home Affairs. These practices are illegal and contrary to the principles of the Constitution which uphold the rights of the most vulnerable and marginalised persons in South Africa.

PASSOP has been monitoring the Lindela Repatriation Centre and has worked closely with the thirty-nine detained foreigners. As such, PASSOP has witnessed the travesty of justice first hand. PASSOP condemns the conduct of the Department in no uncertain terms and stands opposed to this inhumane practice and confidently joins the SAHRC as an applicant in this important case.

For comment contact Braam Hanekom, 084 319 1764 or Langton Miriyoga 0840269658

COSATU and PASSOP call on Minister Naledi Pandor to Give Amnesty to Immigrant Farmworkers and Caution Premier Zille

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We are shocked by dangerous attempts by farm owners to divide workers and to provoke xenophobia in cheap attempts to divide workers. We call for a documentation amnesty, to avoid blood shed and mass displacement. We are also shocked by the irresponsible tweets and comments by Western Cape Premier Helen Zille.

We call on the Minister of Home Affairs to give amnesty from documentation requirements of workers in the area for the next 3 months.

We are shocked that the farm owners in De Doorns, who appear hell bent on discrediting and undermining the legitimate workers strike, have today made serious attempts to create anarchy, xenophobia and violent divisions among the community of workers. Farm owners and management have continuously made claims that non-workers were responsible for the strike and now they have proven that it is them, the farm owners, who are responsible for trying to create violent chaos.

Workers returned to work today, as part of an agreement made by stakeholders, government, representatives of both the farm workers and farm bosses, but they were met with hostility, abuse and many were turned away. Agreements to pay a minimum of R80 a day and not to take disciplinary actions against strikers were all ignored.

Of most concern farm bosses today openly resorted to targeting Sotho and South African workers, a move that appears to be part of a bigger plan to create tensions between Sotho, South Africans and Zimbabweans. As thousands of people returned to work farm bosses refused to accept Sotho and South African workers claiming falsely that they are not allowed to work without asylum seekers documents and others refused to accept workers claiming they had been fired.

We were shocked when the premier of the Western Cape, Helen Zille, on twitter, openly blamed tensions between Sotho and Zimbabweans for the strike that swept across the Western Cape, starting in De Doorns. Another tweet by the premier claimed that certain immigrants were undocumented and she again stated that this was one of the causes of the strike; this all appears to be part of a calculated attempt to discredit the strike and/or possibly incite tensions between local immigrants and local labour. The premiers tweets can be seen beneath this statement.

We call on farm owners and labour brokers to stop seeking workers of particular nationalities when sourcing workers. We are also extremely concerned about reports of farmer owners wanting to only employ “coloured” workers in some areas (outside De Doorns).

We call upon the minister of home affairs to implement an amnesty for 3 months on documentation requirements of immigrants working in the area to avoid serious blood shed and tensions between different immigrants and South African workers. Now is too volatile a time to be implementing the immigration act and farm owners who have previously employed undocumented workers for years are now dividing workers using documentation as an excuse.

Such an amnesty is not unheard of, in 2009 when all the Zimbabweans were displaced in De Doorns the undocumented were not deported. Also in 2008 following the mass displacement of immigrants across South Africa the then minister of home affairs provided a temporary permit on application to displaced undocumented immigrants. Previously this was done instead of deporting them for humanitarian and moral reasons, we believe that such an amnesty should not occur only after mass displacement, but should be used to avoid mass displacement in this complex situation.

 

Statement on behalf of the following organisations:

 

For comment contact: Michael Louw on 082 339 5443 or Braam Hanekom on 084 319 1764

Premier Helen Zille’s tweets:

At 12:00 on the 8/11/12 “@helenzille: Complex dynamics in De Doorns. Lesotho seasonal workers no longer employed, but Zim workers legally employed due to amnesty. Huge tension.”

At 8:00am on the 16/11/12 “@helenzille: This was the spark in De Doorns. “@SiphoSimelane: Basotho farm workers are angry with Zimbabweans who get preferential treatment.”

Still Concerned 3 Years After Mass De Doorns Displacement

PASSOP concerned 3 years after De Doorns mass displacement of 3000 Zimbabweans

We are worried about the safety of immigrants in rural farming communities, particularly in De Doorns

  • We call upon political leaders to act with caution when they talk about immigrant workers and we strongly reject claims that strikes were started because of tensions between Sotho and Zimbabwean. These reckless remarks could provoke tensions and become a self-fulfilling prophecy if continually broadcasted publicly by politicians.
  • We also reject and are concerned by political leaders who could incite xenophobic tensions by recklessly drawing attention to documentation problems of immigrants at this sensitive time. Such comments are very dangerous.
  • We call on security companies, especially a company called Vetus Schola, which advertises itself as enabling “non-striking personnel to cross picket lines”, to not fuel tensions between immigrants and South Africans. We think it is reckless to place immigrants at the forefront of the protection of bosses during strike actions.
  • We call on farm owners and labour brokers to stop seeking workers of particular nationalities when sourcing workers. We are also concerned about reports of farm owners wanting to employ only “coloured” and not “black” workers in some areas (outside De Doorns)- potentially fueling conflict between races.
  • We call on the department of home affairs, who have clearly failed to ensure that immigrants are documented, not to interfere in De Doorns until the dust settles. The situation is volatile and their random deportations are leading to serious tensions.
  • We call upon the police to stop using immigration charges against striking workers, creating serious problems.
  • We call for the release of all non-violent striking workers who are charged under the gathering act and strikers who are being held under the immigration act.
  • We again call on government; NGOs and all stakeholders to bring aid to alleviate the humanitarian crisis that many people living in De Doorns are facing. In addition to food and basic commodities, many people have not been able to access their ARV’s and have not been able to access TB treatment, as the local clinic has been shut for over 2 weeks.

Background:

On November the 17th of 2009, at 6am a disaster unraveled, thousands of Zimbabweans streamed into town after being displaced from the township. They fled a violent attack on them and ultimately ended up spending 11 months living on a rugby field. As an organisation with strong grassroots links, we were the first NGO to warn of the imminent disaster. We tried everything we could to ensure that a disaster was avoided, but to no avail. Instead we found ourselves on the ground helplessly trying to negotiate with violent crowds, essentially observers to the mass displacement.

3 years later, PASSOP, still active on the ground, noted that worker frustrations on farms in De Doorns were at an all time high. As PASSOP, we believed that working conditions and treatment of workers were often unacceptable and therefore openly sided with workers. We also decided to involve ourselves in peaceful attempts by workers to negotiate better wages. There were 3 peaceful strikes that were prior to the now well-known mass strike of workers on farms in De Doorns. From the onset, we were involved to ensure that immigrants, especially Zimbabweans (as they had previously been displaced), would not be seen to be undermining the strikes or seen to be scab labour. We can confidently say we were extremely careful. We also worked hard to ensure that the ongoing and serious documentation problems faced by immigrant workers were not used to divide the community and to make immigrants undermine any workers strike actions. If the community saw Zimbabweans, or immigrants, as undermining the strikes there would have been mass displacement and possibly much blood shed.

In the weeks before the mass strike, we held several meetings and events, including a healing ceremony to reflect on the death of some Zimbabweans after conflict erupted between the local Sotho and Zimbabweans about 4 years ago. The event included the slaughtering of a sheep and a feast for all Sotho, South Africans and Zimbabweans who attended. Thousands attended the event and integration was largely achieved. It is therefore our view that tensions between the Zimbabweans, Sotho and South Africans were at an all time low when this mass strike began.

During one of the strikes, the management of a farm called Royal Mushrooms, notorious for abusing its workers, called the police and demanded that they arrest immigrants among their own striking workers who were undocumented. Surprisingly a large crowd gathered to protest against their arrest and the crowd was comprised mostly of South African workers. It is therefore our view that tensions between locals and immigrants were the lowest they had been in five years, because workers had joined hands to negotiate better working conditions and wages. The reckless arrests by police and attempts to deport striking workers by home affairs were at the time slammed by COSATU and PASSOP. (As a result of the farmer reporting himself as employing undocumented workers he was heavily fined, leading him to claim that home affairs was clamping down on farmers.)

We have seen many farm owners, labour brokers and politicians trying to blame NGOs, political parties, unions, tensions between locals and immigrants, problems with documentation and even the media for strikes in the farming sector, but think that these are all attempts to talk about issues other than the real issue of wages and working conditions.

We know that there are many factors and many role players in this strike of workers on farms, but are absolutely convinced that the action in De Doorns was a result of genuine frustrations among workers who wanted higher wages and also respect from their employers. We condemn all violence and damage to property that has occurred, but believe that such chaos could have been avoided if the farm owners had meaningfully engaged their workers around the concerns they had.

We hope that our appeals are taken seriously by stakeholders and possible future disasters avoided.

Contact: Langton Miriyoga on 084 026 9658 or Braam Hanekom on 084 319 1764

Appeals to Government and NGO’s for Emergency Relief in De Doorns

Press statement for immediate release

PASSOP appeals to government and NGO’s for emergency relief in De Doorns

PASSOP calls upon the relevant municipal, provincial and national government departments to urgently intervene in the humanitarian crisis that is occurring in De Doorns. We have in the past expressed our support and solidarity with striking workers over their call for better wages (while condemning any violence) but we want to make it clear that we are not attempting to sustain or interfere with strike actions in De Doorns. We are making this appeal because we are extremely concerned about the ability of these thousands of people to meet basic needs, both South Africans and immigrants. Almost the entire township community have not been able to access income, food, medication and other basic amenities over the past 2 weeks. These basic nutritional and medical needs are required for farm workers, but also required for their children, elderly and unemployed family members- as most workers have not received pay for the last 2 weeks the entire community is affected. We also call upon NGO’s that have the mandate and capacity to assist in such humanitarian relief efforts to please urgently intervene. PASSOP is also attempting to raise aid to support the community during this difficult time.

For Comment, please contact:

Langton Miriyoga 084 026 9658

Braam Hanekom 084 319 1764

PASSOP condemns the murder of Phumeza Nkolonzi

We are shocked and saddened at PASSOP to learn of yet another murder motivated by homophobia this month. Phumeza Nkolonzi was murdered in her home in Khayelitsha on Saturday night by a gunman, in the presence of her grandmother and six-year old niece. The door was broken down by the man who proceeded to shoot Phumeza three times, killing her. Members of the LGBTI community in Cape Town met on Tuesday at a private location to mourn Phumeza and discuss ways to end homophobic hate crime in South Africa. Despite the protections afforded by the South African constitution, instances like this go to show that for many members of the LGBTI community here, violence and discrimination are a continual concern, and many live in fear for their lives. Such violations of human rights are abhorrent, and a stand must be taken against those who perpetrate hate crimes in South Africa. The PASSOP LGBTI campaign extend their condolences to Phumeza’s family and solidarity to all those working towards a free and tolerant South Africa for all.

We invite all to join us in protest on the 7th of July at Parliament against hate crimes in South Africa, and the banning of LGBTI NGOs in Uganda. We call upon the South African government to put pressure on Uganda to reverse this legislation.

Press Statement: Uganda Unjustly Bans NGOs

Press Statement

FOR IMMEDIATE RELEASE

Uganda Unjustly Bans NGOs for Promoting Gay Rights as Human Rights PASSOP, Triangle Project, Gender DynamiX, Free Gender, SWEAT call for the immediate attention of the South African Government to publicly express its disagreement and stand against the Ugandan Government decision.

Uganda has announced a ban on 38 non-governmental organisations it accuses of undermining the national culture by promoting homosexuality. Simon Lokodo, the country’s ethics and integrity minister, claimed the NGOs were receiving support from abroad for Uganda’s homosexuals and “recruiting” young children into homosexuality. LBGTI people face discrimination and violence in Uganda, along with more than 30 other countries in Africa. An Anti-Homosexuality Law which remains pending in Parliament risks further entrenching discrimination by criminalising the “promotion” of homosexuality, as well as making it compulsory for all Ugandans to report knowledge of any LGBTI person, or face a possible three years’ jail sentence.

The unjust reality for LGBTI people living in countries like Uganda is constant harassment and harsh punishments, ranging from fines and imprisonments to death, solely for expressing their sexual orientation or gender identity. This outrageous ban of NGOs in Uganda has no basis in law, and the continued harassment of human rights activists is an egregious violation of human rights law to which Uganda is a party. The continued persecution of LGBTI rights activists by the Ugandan authorities is unacceptable and we will not watch quietly as our African brothers and sisters suffer senselessly. Therefore PASSOP LGBTI Advocacy Project in conjunction with other LGBTI NGO’s in Cape Town vigorously condemn this practice and call for the immediate attention of the international community to join together against the senseless banning of human rights NGO’s in Uganda.

For Information, Please Contact:

PASSOP, Guillain Koko on 078 5029 626
Triangle Project, Jayne Arnott on 083 2560443
Gender DynamiX, Sibusiso Kheswa on 021 633 5287
Free Gender Funeka Soldat 076 32 10 276
SWEAT, George on 0730307660

Press Statement: DHA Undermined ANC Policy Conference

Press Statement for Immediate Release

The Department of Home Affairs has Undermined the ANC Policy Conference

ANC members and PASSOP to write a letter calling on ANC to intervene urgently

We are concerned that the department is dictating to the ANC what policies should be adopted. It appears that the department dictated to the ANC membership what the policies are and has begun implementing these policies, which have not been adopted by the ANC. The department has undermined the ANC and has failed to seek political guidance, thus it appears that elements within the department have no regard for the ANC policy conferences to be held later this year. To be specific, the department has decided to begin implementing the “PEACE AND STABILITY” “discussion” document, which has not been adequately scrutinized. Within the ANC discussion document it states that the Department of Home Affairs has “announced” that it intends to move all refugee reception centers and relocate them along the border.

If the ANC policy conference is not able to debate policies including the ones which are (meant to be) proposed in the ANC discussion documents, then democracy in the ANC is undermined. We cannot allow a department’s leadership to dictate policies to the ANC membership. It is clear that the ANC leadership must intervene to show that the decision to move the refugee centers to the border is not forced upon the members of the ANC and thus the people of South Africa.

As an organization we have some ANC members in our structures and we know many ANC members who are supportive of the plight of refugees, immigrants and asylum seekers. These members have prepared a document which has been distributed widely and is being lobbied with what we believe are more reasonable and humane proposals. It is acceptable practice for members of the ANC to lobby and debate policy positions, but is fruitless if certain government officials have already decided and begun implementing un-adopted policies. We reject this and will be writing a letter to the ANC leadership, which will be signed by ANC members, calling on the leadership to intervene and stop the department and its leadership from denying the ANC membership its right to debate policies.

 

For comment please contact:

Anthony Muteti on 0843510388 or Braam Hanekom on 0843191764