E/CN.4/1999/15/Add.1
page 16
before 1 July 1991, have committed no crime, have a job (including those working
for themselves) and are married to a South African citizen will receive their
papers. Given the small number of people concerned (limited geographical area,
numerous conditions, difficulty in proving that conditions have been met), this
amnesty has had only limited effect to date 7/.
2.
Immigration control
58.
Illegal persons represent probably (though it is difficult to keep
records) the majority of the immigrants in South Africa. Stigmatized in the
Aliens Control Act as “prohibited persons” and criminalized by the law, they are
regarded as undesirables, and therefore as liable to detention and repatriation.
This process (arrest, detention, deportation) has frequently been denounced as
being open to multiple abuse on the part of the South African authorities.
59.
The introduction of stricter immigration legislation goes in tandem with
the strengthening of police controls (the number of police units whose job is to
search for illegal persons increased from 3 to 14 between 1994 and 1995). Raids
have become much more frequent in the urban communities suspected of harbouring
illegal foreigners. Some reports say that procedures are not being followed
during arrests of suspected illegal foreigners. Others have described how the
“immigrant hunts” provide some police officers with the opportunity to continue
the violent behaviour and discriminatory practices made routine during
apartheid. That violence is particularly evident during raids in which large
numbers of more or less arbitrary and often violent arrests are made, often on
the basis of “being the wrong sort” 8/, and the burden of proof of legal status
rests with the accused: many foreigners, even South Africans, have spent months
in prison like this, as their status can sometimes be difficult to determine.
3.
Detention
60.
Within the framework of the Aliens Control Act a person suspected of being
in an illegal situation may be detained for successive periods of 48 hours on
the authority of an immigration official, for as long as is necessary in order
to determine his status. However, after the first 48 hours of detention the
detainee must be informed in writing of the reasons for his continued
incarceration. In practice, people are detained without any written explanation
for often very long periods (there is no maximum detention period in law,
neither before determination of the immigrant’s status nor afterwards, and
particularly while awaiting repatriation). Although, the law does provide for
7/
Only 11 000 people have applied to date (an insignificant figure
compared with the number of, illegal persons in the country), according to
H. Kotze and L. Hill, “Emergent migration policy in a democratic South Africa”,
in International Migration, Vol. 35, No 1, 1997.
8/
Certain immigrants (or citizens) “typed”, or identifiable by their
clothing, the languages they speak (Mozambicans, Zimbabweans, Nigerians, etc.)
are apparently subjected to more frequent checks than others. A foreigner is any
person who does not speak Zulu or who has vaccination scars high on the arm,
vaccinations in South Africa being given lower down the arm.