A/HRC/17/33/Add.4 26. The Special Rapporteur was informed of several laws that prohibit discrimination and make it an aggravating circumstance for the purpose of sentencing, such as the Unfair Discrimination Act (2000). He also noted initiatives taken by various authorities, such as the social dialogue on the promotion of tolerance and diversity, an initiative developed by the Department of Home Affairs, and the parliamentary task teams on migration, xenophobia and refugees, formed by the Portfolio Committee of Home Affairs and comprising elected representatives from the National Assembly, which have engaged in the promotion of the economic, justice and human rights of migrants and marginalized communities. 27. The Special Rapporteur was informed that a hate crime bill was currently being prepared by the Department of Justice and Constitutional Development, in charge of drafting bills proposed by the Government. The bill would strengthen the measures already contained in the Constitution and other applicable laws to address violence against foreign nationals (including asylum-seekers and refugees), and would expressly criminalize violence committed against individuals or their property on the basis of a person’s race, nationality, religion, ethnicity, sexual orientation or gender identity (“hate crime”). This would follow the introduction in 2009of a law combating human trafficking, currently tabled in Parliament. In the meantime, plans for a potential law against smuggling are still being prepared. C. Initiative to regularize Zimbabwean nationals 28. The Special Rapporteur was informed of a recent initiative to allow the regularization of Zimbabwean nationals, which had been extended together with a moratorium on repatriations and plans to consider such an initiative to other neighbouring countries. On 3 April 2009, the Department of Home Affairs announced its intention to grant Zimbabweans in South Africa a 12-month “special dispensation permit” on the basis of the Immigration Act, section 31 (2)(b). The permit grants the right to legally live and work in the country. As complementary measures, a moratorium on deportations and a 90day free visa for Zimbabweans entering South Africa were brought in in May 2009. 29. The Special Rapporteur was able to witness the effects of this initiative first-hand at the Beitbridge border crossing in Musina. The regularization of Zimbabwean migration is consistent with internationally agreed policies on managing migration and has been presented as one of the key goals of the current administration. 30. The Special Rapporteur is of the opinion that the set of policies regularizing movement between South Africa and Zimbabwe is a positive shift towards a more rational, coherent and regionally beneficial approach to migration management. He noted that previous approaches to managing Zimbabwean migration (including the asylum system and widespread arrest and detention) did not address the nature or scale of movement, and thus resulted in high levels of irregular migration, rights abuses and negative consequences for South Africa. 31. The introduction of special temporary permits to manage complex mixed migration is increasingly common internationally. South Africa should receive recognition and support for adopting this policy, given the widespread interest in supporting regional stability and Zimbabwean reconstruction. Regularizing movement between South Africa and Zimbabwe will help to achieve the development goals of the Southern Africa region by facilitating efforts to combat corruption, protect labour standards, improve the economy and fight crime. While the free visa and special dispensation permit is insufficient to achieve these broader policy aims on its own, these challenges would be much more difficult to tackle without the effective implementation of these policies. 9