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.
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