E/CN.4/1999/15/Add.1
page 20
(a)
The majority have set up on their own account (trade, crafts) and
are therefore not taking work from unemployed South Africans (estimated at 33 %
of the active population), a situation only emphasized by the fact that they are
concentrated in the unofficial sector of the economy. On the other hand, they
are sometimes instrumental in job creation and the transmission of
qualifications;
(b)
Also, the fact that they are active in the official economy
(agriculture, the construction industry) and work for low wages is less their
fault than their employers’, who regard them as easily exploitable 13/.
Paradoxically, it is their status as illegal persons which provides employers
with the opportunity to bypass the labour laws;
(c)
They rarely make use of social services (health and education) for
fear of being discovered and repatriated.
73.
The widespread belief that illegal persons merely consume South Africa’s
socio-economic resources without producing any does not always stand up (they
consume goods on which they pay VAT); it is their illegal status which prevents
them from paying full contributions for public services (through income tax).
74.
With regard to the supposedly high level of criminality among illegal
persons, this is not reliable, as the fact that some clandestine foreigners have
been arrested for criminal acts does not mean that all illegal persons are
criminals. Consequently, the argument often put forward by the police that the
measures to combat criminality should involve a “hunt” for clandestine
foreigners persons must be treated with caution, even though it conforms with
public opinion.
75.
When finalizing his report, the Special Rapporteur was informed that
on 3 September 1998, two Senegalese and one Mozambican were killed while trying
to escape from a crowd of unemployed South Africans, who had threatened to kill
them and accused them of “taking work from South Africans.” The incident
occurred on a train from Pretoria to Johannesburg. Two of the victims were
electrocuted trying to escape through the roof of the train and the other fell
onto the track. The Special Rapporteur informed the South African Government of
the incident for its comments.
76.
This growing xenophobia can also be found among political leaders in South
Africa 14/, and can be explained by two factors:
13/
Some disgraceful practices by unscrupulous employers have been
exposed: they sometimes employ illegal foreigners for a certain period, report
them to the police so that they do not have to pay them, and then recruit a new
group of fresher illegal foreigners!
14/
A study carried out by the Centre for International and Comparative
Politics at Stellenbosch University (Kotze, H., “Illegal aliens-South Africa
first” say decision makers) shows that a majority among the elites in most
sectors of South African society support stricter measures on illegal
immigrants. With the exception of the ANC, a majority among the elites of all
parties agree on the fact that “it is not our duty to take in refugees from