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X. Crime prevention and criminal justice responses to violence against
migrant and migrant workers and their families
A
Introduction
170. The approach of Government is illustrated in
section 205 of the Constitution which states the
following: “The objective of the police service
is to prevent, combat and investigate crime, to
maintain public order, to protect and secure the
inhabitants of Republic and their property, to uphold
and enforce the law and to create a safe and
secure environment for all people in South Africa”.
smuggling or trafficking is taken place. The
ALOs assist in identifying unaccompanied
minors and work together with the International
Organisation of Migration (IOM) for their
removal from the receiving country, tracing of
families in the country of origin and/or refer
them for victim assistance.
171. The law in South Africa is not intended for the
safety of South Africans only but for all individuals
within the country. This further emphasises the intention
of creating a safe and secure environment
for all people in South Africa. If a migrant worker
becomes a perpetrator or a victim of crime, be it
violent or not, the law is applied equally, just as it
would apply to a perpetrator or a victim who is a
South African citizen.
B. Measures to address violence against
migrant workers
172. South Africa has seen an increase in the migration
of people from neighbouring countries. South
Africa has established a unit for the purpose of
preventing and counter-acting xenophobia within
its immigration services. The counter-xenophobia
unit sensitises officials about xenophobia and is
active within communities and with other stakeholders
to raise awareness. It educates communities
and organs of civil society on the rights
of foreigners, illegal foreigners and refugees, and
conducts other activities to prevent xenophobia.
An integration strategy has been presented to
Government by the Department of Home Affairs.
173. SAPS has since 2008 begun to develop a
process of early warning for crimes and threats
against non-nationals. The Crime Intelligence Division
of the SAPS makes regular security assessments
in respect of xenophobia so that provinces
can be notified proactively.
174. The Tsireledzani Programme under the NPA,
although it does not specifically address migrant
workers, does impact on other aspects where foreign
nationals may be affected. The protection of
unaccompanied minor immigrants is provided for
through the following initiatives:
• The Southern African Immigration Liaison
(SAIL): These are airline liaison officers (ALO)
from various embassies that work with immigration
officials at airports to ensure travellers
have the correct documentation and that no
33 Country Report