Isabella Carter
Xenophobia in South Africa has been a long-standing issue, with immigrants facing discrimination and violence due to competition for economic opportunities. The election of a Black majority government in 1994 saw a rise in xenophobic attitudes, with refugees being denied access to primary healthcare and African immigrants facing regular harassment, rounding up and extortion by the police. The South African Constitution, however, guarantees equality before the law and freedom from discrimination. Section Nine of the Constitution specifically prohibits discrimination by the government and private persons, promoting equal protection and benefit of the law for all. This constitutional protection aims to safeguard individuals from xenophobic sentiments and ensure their rights are upheld, regardless of their nationality or background.
| Characteristics | Values |
|---|---|
| Legal foundation for the existence of the republic | South Africa is a republic |
| Sets out the human rights and duties of its citizens | Equality before the law |
| Defines the structure of the government | Multi-party democracy with regular elections and universal adult suffrage |
| Contains a preamble, 14 chapters, 244 sections, and 8 schedules | Each chapter deals with a particular topic |
| The schedules contain ancillary information referred to in the main text | |
| Non-racism and non-sexism | |
| Protection of "all universally accepted fundamental rights, freedoms and civil liberties" | |
| Separation of powers with an impartial judiciary | |
| Provincial and local levels of government with democratic representation | |
| Protection of the diversity of languages and cultures |
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What You'll Learn
- The South African government's National Action Plan to combat xenophobia, racism and discrimination
- The lack of accountability for xenophobic crimes in South Africa
- The normalisation of immigrants as figures of resentment
- The perception that xenophobia has increased since the election of a Black majority government in 1994
- The role of civil society in raising public awareness about anti-racism and equality measures
The South African government's National Action Plan to combat xenophobia, racism and discrimination
The National Action Plan is a response to widespread human rights abuses arising from xenophobic and gender-based violence and discrimination in South Africa. Xenophobia in South Africa has a long history, with immigrants facing discrimination and violence due to competition for scarce economic opportunities. After the election of a Black majority government in 1994, the incidence of xenophobia increased, with subsequent studies finding indications of xenophobic attitudes towards refugees, including denial of access to primary healthcare. In 2008, at least 62 people were killed in a xenophobic uprising, and in 2015, a nationwide spike in xenophobic attacks prompted foreign governments to begin repatriating their citizens. A 2018 Pew Research poll found that 62% of South Africans expressed negative sentiments about foreign nationals living and working in the country, believing that immigrants are a burden on society and more responsible for crime.
The normalisation of immigrants as figures of resentment has also fuelled outbreaks of xenophobic violence, with African immigrants regularly targeted for harassment, rounding up and extortion by the police. Parliamentary discussions on border security that frame illegal immigration as a national security threat relying on unsubstantiated claims about the inherent criminality of foreign nationals have contributed to this normalisation. The National Action Plan aims to address these issues by raising awareness, improving access to justice, and increasing anti-discrimination efforts.
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The lack of accountability for xenophobic crimes in South Africa
South Africa's constitution includes a National Action Plan to combat xenophobia, racism and discrimination. The plan aims to raise public awareness about anti-racism and equality measures, improve access to justice and better protect victims. However, the Action Plan fails to address a key challenge fuelling the problem: South Africa's lack of accountability for xenophobic crimes.
Xenophobia in South Africa has been a significant issue since the country's transition to democracy in 1994, with a new "non-racial xenophobia" emerging that has specifically targeted refugees. This has been characterised by the denial of access to primary healthcare and other social services to which they are entitled. There has also been a normalisation of immigrants as figures of resentment, with African immigrants being targeted for regular harassment, rounding up and extortion by the police.
The South African government's failure to address the lack of accountability for xenophobic crimes has been criticised by human rights organisations such as Human Rights Watch. They have called for the government to fully implement the National Action Plan and work to stem the dangerous tides of intolerance.
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The normalisation of immigrants as figures of resentment
This normalisation of immigrants as figures of resentment may also fuel outbreaks of xenophobic violence. In 2013, a 25-year-old man was stoned to death in an attack that was captured on a mobile phone and shared on the internet. In 2008, at least 62 people were killed in a xenophobic uprising and attacks. In 2015, another nationwide spike in xenophobic attacks against immigrants prompted a number of foreign governments to begin repatriating their citizens.
Despite these widespread human rights abuses, South Africa has lacked accountability for xenophobic crimes. However, in 2024, the country launched its National Action Plan to combat xenophobia, racism and discrimination. The five-year plan, developed in a consultative process between the government and civil society, aims to raise public awareness about anti-racism and equality measures, improve access to justice and better protection for victims, and increase anti-discrimination efforts to help achieve greater equality and justice.
While the National Action Plan is a welcome development, it is important that the South African government fully implements the plan and works to stem the dangerous tides of intolerance for good.
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The perception that xenophobia has increased since the election of a Black majority government in 1994
Xenophobia in South Africa has been a long-standing issue, with immigrants facing discrimination and violence prior to 1994 due to competition for scarce economic opportunities. However, the perception that xenophobia has increased since the election of a Black majority government in 1994 is a concerning trend. Academic Audie Klotz notes the emergence of a new "non-racial xenophobia" specifically targeting refugees. This perception is supported by subsequent studies indicating xenophobic attitudes towards refugees, who were denied access to primary healthcare despite their entitlement.
The normalisation of immigrants as figures of resentment has fuelled outbreaks of xenophobic violence. In 2008, at least 62 people were killed in xenophobic attacks, and in 2015, a nationwide spike in xenophobic incidents prompted foreign governments to repatriate their citizens. A Pew Research poll from 2018 further highlights negative sentiments among South Africans towards foreign nationals, with 62% expressing beliefs that immigrants are a burden on society and responsible for increased crime rates.
Parliamentary discussions on border security have contributed to this perception, with claims that foreign nationals are draining social grants and economic opportunities from citizens. The portrayal of illegal immigration as a national security threat, often based on unsubstantiated claims about the criminality of foreign nationals, reflects deeply entrenched governmental xenophobia. African immigrants are particularly vulnerable to harassment, rounding up, and extortion by the police.
To address these issues, South Africa launched its National Action Plan in 2019 to combat xenophobia, racism, and discrimination. The five-year plan aims to raise public awareness about anti-racism and equality, improve access to justice and protection for victims, and increase anti-discrimination efforts. However, the plan has been criticised for failing to address accountability for xenophobic crimes.
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The role of civil society in raising public awareness about anti-racism and equality measures
South Africa's constitution protects against xenophobia through the National Action Plan, a five-year plan developed in consultation between the government and civil society. The plan aims to raise public awareness about anti-racism and equality measures, improve access to justice and better protect victims, and increase anti-discrimination efforts to promote greater equality and justice.
Civil society can also play a vital role in monitoring and documenting human rights abuses, including xenophobic attacks and discrimination. By shining a spotlight on these issues, civil society can hold the government and other powerful actors accountable for their actions and advocate for policy changes to address xenophobia and promote equality.
Additionally, civil society can provide support and assistance to victims of xenophobic attacks and discrimination, helping them to access justice and rebuild their lives. This can include legal aid, counselling, and other forms of practical and emotional support.
Finally, civil society can engage in dialogue and collaboration with the government and other stakeholders to develop and implement effective policies and programmes to combat xenophobia and promote equality. This includes participating in the development and implementation of the National Action Plan and other relevant initiatives.
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Frequently asked questions
Section Nine of the Constitution of South Africa guarantees equality before the law and freedom from discrimination to the people of South Africa. This equality right is the first right listed in the Bill of Rights. It prohibits both discrimination by the government and discrimination by private persons.
The Constitution guarantees equality before the law and freedom from discrimination to all people in South Africa, regardless of their nationality. This means that everyone has the right to equal protection and benefit of the law.
The South African Constitution prohibits discrimination by both the government and private persons. This means that if someone is discriminated against because of their nationality, they can take legal action against the person or organisation responsible.
Yes, the South African Constitution allows for affirmative action to be taken to redress past unfair discrimination. This means that the government can implement measures to protect or advance persons or categories of persons who have been disadvantaged by unfair discrimination.
