A/HRC/17/33/Add.4 (c) The establishment of a visible and accessible mechanism whereby members of the public can report cases of violence against foreign nationals as a means of providing more effective police responses to mob violence against foreign nationals; (d) The establishment of a permanent body in the office of the Presidency to ensure effective coordination of different Government department programmes on social cohesion, addressing xenophobia, police profiling and tackling hate crimes. 79. With regard to the arrest and detention of foreign nationals, the Special Rapporteur recommends that the Government, in particular the Department of Home Affairs, revise the Immigration Act in order to provide clearer standards and policies with regard to what qualifies as an “illegal foreigner” and on which grounds he or she can be detained. 80. The Special Rapporteur also reiterates the call made by the Working Group on Arbitrary Detention concerning persons detained under immigration legislation, and urges the Government to take the appropriate measures to allow detained illegal foreigners to challenge their detention and thus exercise all the rights guaranteed by the Constitution. 81. The Special Rapporteur recommends in particular that foreigners detained under the Immigration Act in the custody of the Department of Home Affairs also benefit from the oversight of the Judicial Inspectorate for Correctional Services under the control of the Inspecting Judge and have access to the same complaint mechanisms as of detainees serving sentences or awaiting trial. 82. The Special Rapporteur commends the Government of South Africa for the regularization exercise for Zimbabweans living in the country (Special Dispensation Permits), which allowed many to apply for a legal residence permit. This measure represents a positive shift towards a rational, coherent and regionally beneficial migration management approach, and should be extended on a regional basis with other SADC Member States. 83. The Special Rapporteur encourages the Government to define a clearer appeal procedure and inform rejected applicants of this possibility. 84. Regarding access to health services, the Special Rapporteur recommends that the Government carry out and comply with the existing national framework as well as with policies and national guidelines, regardless of a person’s legal status in the country. 85. In addition, the Special Rapporteur calls upon the Government to implement fully the recommendations made in World Health Assembly resolution WHA61.17, as well as to ensure equal practices and access for everyone to health services and treatment, regardless of a person’s legal status or location. 86. The Special Rapporteur highlights the importance of an adequate legal framework for the protection of the rights of all children in the context of migration and the need to mainstream a child rights-based approach into migration programmes and policies. He encourages better collection of data at the national level and more thorough research on unaccompanied or separated children. He also recalls general comment No. 6 of the Committee on the Rights of the Child on the treatment of unaccompanied and separated children, in which the Committee provided useful guidance on the protection of the rights of unaccompanied migrant children. 19

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