E/CN.4/1999/15/Add.1
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taste the fruits of freedom even though the quiet revolution under way dates
back only to 1994.
88.
Long-term political resolve and education are necessary in order to ensure
respect for human rights and success in the struggle against racism, racial
discrimination and xenophobia. The South African people, by vanquishing
apartheid, have proved they can succeed; we must now keep faith with them and
help them to measure up to the dangers constantly being presented in different
and subtle forms by racism, racial discrimination and xenophobia.
89.
Whatever their status (legal or not) in the country where they live
immigrants, by virtue of belonging to the human race, have certain rights such
as those set forth in the International Bill of Human Rights (Universal
Declaration of Human Rights, International Covenant on Civil and Political
Rights and International Covenant on Economic, Social and Cultural Rights), and
the Declaration on the Human Rights of Persons whose nationality is not that of
the country where they live. Thus, the fact that a person has entered a
territory illegally does not affect the rights to which he is entitled by virtue
of those documents (signed by South Africa, although it has not ratified them):
the right to life, to safety, to well-being, to equality before the law, and to
detention which complies with the rules laid down by international and national
standards.
B.
90.
Recommendations
The Special Rapporteur therefore makes the following recommendations:
1.
To maintain the reconciliation process by continuing to encourage
the commitment of those on the margins who refuse to take part;
2.
To broadcast and teach the Constitution and human rights in all
schools and through the mass media; to conduct a parallel campaign
of civic education among the population with the aim of combating
xenophobia and encouraging greater tolerance, in view of the
increase and frequency of the xenophobia directed towards Blacks
from other regions of Africa. In particular, immigration officials
(police officers, civil servants) should receive instruction in
human rights.
3.
To adopt new immigration law which breaks away from the legacy of
apartheid. Above and beyond basic compliance with the regulations
provided for by law, the procedure should be improved, particularly
with regard to the length of detention prior to repatriation (a time
limit should be set for this, which is not the case at the moment).
Detainees should have the right of appeal, to obtain legal
representation (lawyer) and to have an interpreter provided by the
State during official questioning; lastly, those detained while
awaiting repatriation should be kept in detention centres other than
those reserved for criminals, which is not always the case
(particularly when they are kept for long periods in police cells).
4.
Given the porous nature of the frontiers, the repatriation of
illegal persons to their own countries is clearly an ineffective