Moving vs not moving

Aug 29th, 2008 by Sam Pearce

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Summer Greens:

Summer Greens’ leader Hermann Mahoua has pointed out that it makes no sense for the government to move people to Harmony Park if they are sincerely trying to encourage them to reintegrate. Many of the displaced people who were removed from the hall and taken to the tented camp far from the city today have no choice but to leave their jobs in the northern suburbs behind. Others are choosing rather to struggle to reintegrate themselves without any government assistance (such as first month’s rent or compensation for losses suffered during the xenophobic attacks in May) while continuing to fear for their safety.

Contact Hermann Mahoua 082 366 7782

Silverstroom:

Buses that came to collect people from Silverstroom yesterday morning and transport them to Harmony Park left with no more than 10% of inhabitants on board, said leader Papi Mboko this afternoon. Around 80 people remain at the camp near Atlantis, adamant that they would rather walk to the border than return to the city that treated them so violently in May. For the last 24 hours, they have been without electricity or food as the government shut off services yesterday. Last night, refugee leaders who had to take a small child to hospital were accusing the UN of failing in its mandate to protect them.

Contact Papi Mboko 078 0544 321

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Statement from Soetwater leaders

Aug 29th, 2008 by Sam Pearce

Friday 29th August 11am

Three buses that arrived at Soetwater to transport refugees to Blue Waters were turned away by camp management this morning, but not before their appearance had caused panic amongst a section of residents who had not yet packed. The move wasn’t scheduled until tomorrow, and the new site at Blue Waters is far from ready to receive the +/- 500 displaced people. Soetwater leaders went to Blue Waters yesterday and saw ourselves that the tents are not yet up and there are no ablution facilities. This is of particular concern when Ramadan is so near. We feel it is unlikely that Disaster Management are going to be able to erect 300 tents by tomorrow, especially as another cold front and gale force winds are forecast.

We want to draw attention to the following:

1) There is a continuing lack of organisation and clear communication around the move that is causing unnecessary stress to our people (especially our wives and children) on top of their previous suffering.

2) The provincial government continues to emphasise that regular meetings are being held with the refugee leadership to keep them informed - this is simply not true.

Last week’s Constitutional Court ruling in Gauteng stresses that government and diplaced people should "engage with each other meaningfully" but the W Cape provincial government has shown itself to be reluctant to commit to meaningful dialogue. In three months, provincial officials have met only twice with the Joint Refugee Leadership Committee (JRLC), and both meetings were at the request of the JRLC. At these meetings, government did not engage with our reservations about their process, in order to find practicable solutions, but merely continued to repeat policy.

The provincial government met with the JRLC on Monday 25th August and promised to provide details of the move directly to leadership on Tuesday so we could prepare our people. They also promised to set up a weekly meeting with the JRLC. Despite repeated requests from our volunteer communications team, neither of these have been forthcoming.

When we first met with provincial officials on 30th July, Dr Fast promised to meet with us again in 2 weeks’ time. It took 3 and a half weeks, and sustained lobbying by our volunteer supporters to get a second meeting. We do not have the resources to send daily emails and phone constantly to try and extract information. They government has so far refused to provide transport for unwaged leaders to attend meetings - costs are substantial when you are coming to town from places as distant as Soetwater, Blue Waters, Silverstroom and Harmony Park. These things all point to a complete lack of respect for refugee leadership and a lack of commitment to working together to resolve this situation.

Please call Soetwater leaders Kennedy Buswa (DRC) 076 674 7331 or Asad Abdullahi (Somalia) 073 461 8201 for comment.

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What the Mayor has to say…

Aug 28th, 2008 by Sam Pearce
Helen Zille

27 August 2008

Text of speech by Cape Town mayor to full council meeting August 27 2008

Speaker, I would like to welcome all Councillors, City officials, and members of the public.

During the recess and over the past few weeks there have been a number of important developments affecting this council which I will mention before we proceed with today’s agenda.

Firstly, we have seen a steady decrease in the number of people seeking shelter in the wake of May’s xenophobic violence.

The total number of people staying in community halls, private properties, mosques, churches and safe sites has dropped from 20 000 to 3200. Of these, about 2 200 are in the five safe sites, 100 in private venues, and 900 in community halls.

Following an agreement between the City and Province, this week we have started the process of closing the Silwerstroom site, where only 108 people remain, and the Soetwater site, where 600 people remain.

We have given the people staying in these sites the option of either being assisted with reintegration, returning to their country of origin, or moving to Blue Waters or Harmony Park. Youngsfield will remain open but will not receive additional people.

The City and Province have also agreed that by the end of the month all community halls will be closed.

Again, we will offer those affected a choice between reintegration, returning to their country of origin or going to Blue Waters or Harmony Park.

We have requested several hundred additional family tents from the UN to equip the remaining sites and provide more privacy for the people staying there.

And the Provincial Government is continuing its reintegration programme, with the City’s support where necessary.

The full details of this process will be given at a media briefing at 13h00 this afternoon in the Civic Centre.

In consolidating shelter for displaced foreign nationals we are guided by last week’s interim ruling of the Constitutional Court on the obligations of the Gauteng Government regarding displaced people.

The Court ruled that government has the right to consolidate safe sites and to take down individual shelters if these individual shelters have been evacuated.

In terms of the ruling, nobody can be forcefully moved from their shelter, unless for the consolidation of a camp or to be taken to a repatriation facility.

And the Court found that displaced people have to co-operate with government officials for "all administrative purposes", and may not canvas or recruit extra people to the shelters.

We understand that the representatives of displaced people and the government have been ordered to seek a way to assist the remaining displaced people with a view to closing the camps by September 30.

In this regard it comes as no surprise that the Treatment Action Campaign has dropped its case against the City of Cape Town and Provincial Government over the safe sites.

They never had a case to begin with, and it is disingenuous for them to claim that their change of heart resulted from the Provincial Government’s publication of norms and standards relating to safe sites. The TAC was party to the formulation of these standards from the word go, and knew they were coming.

The City has reserved its right to pursue costs against the TAC for their groundless court action, which has wasted ratepayers’ money.

…

See full text at

 http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page72308?oid=101466&sn=Marketingweb%20detail

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Soetwater update

Aug 28th, 2008 by Sam Pearce

Hi all,

Sorry for radio silence - been stuck offline for days, aaargh, great timing.

Latest news is that, after spending the whole afternoon in the camp yesterday discussing the move with groups adamantly objecting to it (i.e. the Ethiopians, the Somalians, and the Congolese women) trying to dispassionately lay out their options in light of the Constitutional Court judgement, and explaining how civil society can only carry on fighting for them in the courts if they go, the Somali leader Shekh Abdullahi called me last night to say they had changed their minds and decided to move. I think the final point I made about how the govt would probably be happy if the strong (=difficult) Soetwater people stayed behind so they could wash their hands of them might have hit home.

Hopefully, the Ethiopians will follow their brother Somalians, but getting a UN rep in there would seal it - they don’t trust any govt rep after all the broken promises, but if the UN tell them processing will only happen in Blue Waters, they will go. The Congolese women are very sharp, they can see the long view, and they know the govt probably won’t deliver as promised and they’ve probably got months and months more of this. They’re exhausted already and were only prepared to go through the upheaval of moving their kids if it was to Youngsfield, which at least is more central, not to Blue Waters which doesn’t have a school etc. But they won’t stay alone, so… fingers crossed.

I only pray now that it is better on the other side, or I will feel we have betrayed them by stating that it is probably better to go - (I never said it was ‘good’ to go, but that it is definitely a bad idea to stay because we can’t legally fight their corner from Soetwater). They want to be sorted out asap, and perhaps if they stayed and forced a very public confrontation on the issues, things might be more quickly addressed than if they move - but the danger to their families is too great a risk. Silverstroom will be the test case. I spoke to leader Papi last night, and he says they will walk to Namibia before they will come back to Cape Town. I couldn’t sleep for thinking of them.

Cheers all,

Sam

eMzantsi Carnival project manager
Harlequin Foundation
creating a common culture through carnival

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Letter from Far South Peninsula Community Forum to the Premier 27th August

Aug 27th, 2008 by Sam Pearce

Sent: Wednesday, August 27, 2008 9:09 PM

Subject: Soetwater Refugees - Request

Dear Premier Brown,

Attached is a letter from the Far South Peninsula Community.

A signed copy has been faxed to your office.

Please acknowledge receipt

Simon Liell-Cock


FSPCF Letter to Premier - 2008-08-27.pdf

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Genocide survivor’s golden achievement

Aug 27th, 2008 by Sam Pearce

By Hanti Otto

Kennedy Gihana, a Burundi refugee who lost all but one family member to genocide, on Tuesday raised his right hand in the Pretoria High Court where he was admitted as an attorney, taking the oath to serve the Republic of South Africa.
After ten years of hardship and hungry nights, Gihana can now stand up for the downtrodden, something he could not do when his Tutsi blood was literally a death sentence.
"I believe it’s better to face obstacles and injustices, than to deny it. From today, I can practice as an attorney and fight for others. I feel like I am flying," he said.
His last obstacle was when the Law Society of the Northern Provinces wanted to oppose his admission as an attorney, because he was not a citizen of the country nor did he have permanent residency.
Gihana and the law firm where he did his clerkship, Friedland and Hart, were prepared to fight this in court, arguing that he had legal refugee status.
"Then the miracle happened. On August 13 2008 home affairs granted me permanent resident status. I collapsed in the office," he said.
Gihana, 36, was born in Burundi to a Rwandan mother and Tutsi father. He went to school in Uganda. When he finished matric in 1993, he returned home.
"Then the war broke out, there was chaos. They killed my dad, my aunts.
"My mother managed to flee to Rwanda with my younger sister and baby brother. Mother and sister were murdered. My brother ended up in an orphanage," Gihana recalled.
Even when the "formally acknowledged" genocide was over, the murders and mayhem still continued, he said.
"Young men were forced to join the army. Tutsis were still being killed. I couldn’t get my brother out of Rwanda. I had to flee for my life," he said.
In 1998, he started on his journey to South Africa, travelling through several countries over three months, often on foot.
"There were many Samaritans en route who gave me a lift or food," Gihana said.
On June 11 1998, he legally crossed Beitbridge, taking a bus to Johannesburg.
He slept on the pavement under boxes, until he met two other Burundians one day and made room for him in the flat they shared with five others.
One loaned him R100 to register for a security guard’s course.
"For 12 hours at night I would open and close a boom, earning R1 800 a month.
"After paying my rent, I saved R100 per month until I had enough to register for the first of 56 law modules at Unisa.
"I was determined to study, even if it took me 40 years," Gihana said.
In 2000, he phoned Felix Fundi, the first counsellor at the Rwandan embassy.
Being a former refugee himself, Fundi gave Gihana work as a security guard at the embassy, enabling him to earn R2 500 per month.
He continued his studies at the University of Pretoria, working at night, attending class by day, surviving on the food Esperance Kagubare, a Rwandan at the embassy, brought him.
Gihana also became involved with Amnesty International.
"Countries were being destroyed. I wanted the world to realise what was happening," he said.
During Gihana’s third year as a law student, Fundi left the embassy and he was jobless again.
"I got a job at the university’s library. I secretly slept there. In the mornings I would wash up at a residency or at auntie Esperance’s."
Three months later, the then dean of the Law Faculty, Professor Eduard Kleyn, gave Gihana a job as student assistant.
"All the money went towards my tuition. I still owe the university R50 000," he laughed.
After completing his studies, he did his clerkship, saying the firm became his family. In 2006, the firm also bought him a ticket to visit his brother, now 14, in Rwanda.
"So many people have helped me to reach this big day. When I woke up this morning, I couldn’t breath. Years of battle have come to an end," he said.

* This article was originally published on page 1 of The Pretoria News on August 27, 2008

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Cape refugees relocated

Aug 27th, 2008 by Sam Pearce

Authorities have announced a plan to move about 1600 xenophobia refugees out of community halls and two of the "safe sites" set up for them in Cape Town.

The move, to start on Thursday, would see them relocated to the Bluewaters and Harmony Park sites, where additional facilities including United Nations tents had been installed, officials told a media briefing on Wednesday.

The total number of refugees in the city has dropped from a high of 20 000 in June, after the xenophobic violence hit Cape Town, to about 3200.

Of those, 900 are in community halls, 2200 in the safe sites, and 100 at private facilities.

Mayor Helen Zille told a city council meeting on Wednesday morning that in "consolidating" shelter for the displaced foreign nationals, the authorities were being guided by last week’s interim Constitutional Court ruling on the Gauteng government’s obligations regarding displaced people.

The court, she said, had ruled that government had the right to consolidate safe sites and to take down individual shelters if they had been evacuated.

"In terms of the ruling, nobody is allowed to be forcefully moved from their shelter, unless for the consolidation of a site or to be taken to a repatriation facility," she said.

City housing director Hans Smit told the briefing that the existing Youngsfield site would stay open, but no more refugees would be moved there.

Bluewater and Harmony Park had been "redesigned and reconfigured", and would enjoy increased policing and an access control policy.

He said emptying the Soetwater site, where refugees have been particularly vocal about conditions and treatment, would possibly pose the biggest challenge.

"Everybody has been informed properly," he said.

The authorities would start by moving those who wanted to go, in the hope that they would encourage others to follow suit.

"Then we’re obviously going to have to look at our options for those who don’t want to move as such," Smit said.

He said authorities were also working towards closing down the last three camps in a month.

"We’re hoping that by the end of September we’ll have a minimal number of people left," he said.

Director of the Western Cape provincial disaster management centre Hildegard Fast said it was hoped to complete the move by Sunday, ahead of the start of the Muslim religious period of Ramadan. Consolidation would greatly help reintegration into communities or repatriation.

Fast said it appeared that most of those who had already left the sites or halls had gone back to the communities they were living in.

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UNHCR begins repatriating victims of xenophobic violence

Aug 27th, 2008 by Sam Pearce

Source: United Nations High Commissioner for Refugees (UNHCR)

Date: 27 Aug 2008

KRUGERSDORP, South Africa, August 27 (UNHCR) – Earlier this month, the UN refugee agency helped repatriate a first group of refugees who had been displaced by last May’s wave of xenophobic violence in South Africa and become unhappy with life in this country. More are likely to follow.

"Between the uncertainty surrounding the closure of the temporary shelters and the inability or reluctance of refugees to reintegrate into local communities, the preferred solution for a growing number of them is to return to their countries of origin," said Pamela Msizi, a UNHCR protection assistant, referring to government plans to close all six temporary shelters housing some 6,000 migrants, refugees and asylum seekers in Gauteng province.

A first group of refugees, comprising 46 Congolese and six Burundians, flew back to their home countries with UNHCR assistance on August 18. Msizi said a second group of 23 Congolese and nine Burundians were being processed for repatriation during the first week of September. Others have applied for repatriation, but exact numbers are not available.

UNHCR is ready to assist those who express interest in voluntary repatriation as long as the areas and countries of origin are deemed safe to return to. Refugees and other displaced foreigners who opt for repatriation are not convinced by government assurances that the situation has stabilized and they are now safe.

Muchipayi Jim Comoda, who fled his native Democratic Republic of the Congo (DRC) seven years ago, said UNHCR’s first repatriation operation for victims of the xenophobia had increased his longing to return home. "I am exercising my right to seek voluntary repatriation and have registered my whole family with UNHCR," he added.

"It’s better than going back to a community that doesn’t want you," reflected Comoda, who fled from his home in Johannesburg’s Bezuidenhout Valley and found shelter in Krugersdorp on May 18 after he was roughed up by armed gang members and lost a tooth. It could have been far worse – at least 62 people died in the wave of xenophobia and tens of thousands were displaced.

It was not the first time that Comoda had suffered since arriving with his wife and nine children in South Africa in 2001. He was a qualified pilot with several years experience, but prospective employers would not accept his Congolese qualifications.

"I eventually gave up and started working as a trader and that is what has sustained my family," said Comoda. "These attacks have undone all of that," added the 57-year-old, who returned to Bezuidenhout Valley once the violence died down and found someone living in his house who refused to hand over his belongings.

Frustrated, he now wants to return to his home town of Lubumbashi in the southern DRC province of Katanga, where relative peace has returned after years of civil war. He is not persuaded by the government’s assurances that it is safe for displaced foreigners to reintegrate back into South African communities.

"Will the army and the police be there to look after us 24 hours a day?" he asked. "The locals made it clear that they don’t want us back and I will not put my family at risk. I may as well do that in the country of my birth."

Comoda’s sentiments are echoed by many other displaced refugees. What they witnessed and went through at the hands of some of their South African neighbours is difficult to forget.

But he, and others, were quick to acknowledge the overwhelming support provided by the government and many citizens in their hour of need. "We know that this xenophobic violence was perpetrated by a few people and that the vast majority of South Africans are against it. Unfortunately we cannot rely on the government forever. Life must go on, and – for me – that life is in the DRC."

The UNHCR, while ready to help people like Comoda repatriate, will continue to assist the refugees and asylum seekers who would like to reintegrate into local communities through an assistance programme implemented by its partner, the Jesuit Refugee Service (JRS).

By Pumla Rulashe
In Krugersdorp, South Africa

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Longterm volunteers debate options 27th August

Aug 27th, 2008 by Sam Pearce

Is there a position of civil society for the next few days? (I agree monitoring is crucial to all of this, but we are likely to be pushed into other roles for the next seven days during the moving and consolidation). Ie. Do we ensure we monitor particular places? Is there a contact list available of numbers to call in emergencies? Is there consensus or suggestions regarding individuals who do not move, etc?
I was at UCT Law Clinic this morning. Distressed individuals are starting to arrive in large numbers saying the camp is closing but not being sure of what is happening and when (ie. that there is a consolidation process and three camps remain open). In other words, I am not buying the ‘good communication’ line of government…
James

Hi James, I agree with you that we should have a definite mandate for the next couple of days/ week.
In your regard as far as legal stuff is concerned (because I feel uneasy about my know-how on this is) and it’s difficult to answer, but what can and can’t I do in terms of evictions, and what happens if they become forceful - I mean what is governments "lawful eviction process" according to them.
thanks,
antoinette

I concur with James that it would be valuable to have information that we can disseminate. Especially contact numbers. As has been the case throughout this situation the communication from government has been dismal . When questioned at the meeting on Monday , Eldred de Klerk , the "facilitator" for Soetwater was asked why he had not returned to Soetwater after his visit on Monday . He had assured the residents that he would return either Wed or Thursday (last week). His reply was actually that he was not going to be doing the individual assessments "civil society and NGOs " would be doing them. It seems as if the facilitation team are doing a lot of telling us what is going to be happening but there is very little of that actually materialising on the ground. People are very distressed at the moment and there is a lot of fear . The distress caused by moving at any time is immense and I think we cannot overestimate the distress and anguish that this new wave of removals is causing.

Tracey



Your legal questions are very important, Antoinette, and I’m reluctant to share what I know unless it is wrong. We should find it out precisely. In fact, it is complex because different sites are different legal properties (e.g. Chrysalis is a private site). This all has implications and is important to know if we are to be effective monitors. Perhaps we could ask Fatima to share some points here?

James

One of the things that might be valuable would be to compile a roster of who is able to go where when over the next few days. I am unfortunately unable to take much time off work during the day over the next two days but could be available in the evenings and the weekends. I will go to Soetwater and might accompany people to Blue Waters if required.
As to the legal issues PLEASE PLEASE can Fatima give some input as to whether or not residents can refuse to leave the site and what the consequences will be. Ghalib said on Monday that if people refused to leave the sites they had to be aware that all services would be withdrawn.
Tracey



I was at Chrysalis today, and Vernon from Province was there informing the site manager about the proposed moving process. He assured us that police will not be present but will be on call, people will not be forced onto the busses, and they may stay at the site if they choose. However, they will also be informed that all provisions will be cut off after Friday, and they will receive eviction notices. The Caledon Square guys, who are awaiting repatriation will be allowed to stay at Chrysalis until they are formally repatriated. Vernon stressed that the refugees CANNOT be forced to get on the bus, and they have the right to make the decision for themselves.

Lynsey

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Harmony Park update

Aug 27th, 2008 by Sam Pearce

Hi,
I just want to let you know how things are going at Harmony Park as I’ve been quite silent for a while.
I was just there now and everything seems to be alright, partly because of the new manager but also because the camp is not being moved at the moment. I was told by the new manager that the camp would only be receiving residents from the community halls in Khayelitsha and so the population will not grow beyond the 2000 people "capacity" of the camp.
The conditions in the camp have been improving, the diet has changed although the quantity of food seems fluctuate between being sufficient and insufficient depending on how many people are in the camp at that moment. Baby food and formula milk are also now being provided.

There are now 4 TB patients in the camp and one of them is in a critical state, diagnosed HIV positive as well but has begun ARVs on Tuesday. the problem is that he is not working and therefore is not getting enough to eat as he cannot supplement the camp diet with other food.
People are not being turned away from the clinic but if clinic staff find out they’re staying in the camp they are treated differently, sometimes only receiving care after long arguments. there are two clinics in the vicinity of Harmony Park, Gastro and Ikwezi clinic (Nomzamo). Reports are that residents refuse to go Ikwezi clinic because of the abuse they have to endure there. One patient has refused to get his ARV’s there and was supposed to start treatment 4months ago but has never gone back.
There is also insufficient soap and washing powder at the camp.
Otherwise things seem to be alright with the tents being fixed and long awaited mattresses finally arriving. The communication between camp management and residents also seems to be improving.

Keep well
Oliver

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