The adequacy of the South African legal framework in addressing xenophobia

Abstract

Xenophobia is a rampant problem in South Africa; it manifests itself in many ways and impedes the full enjoyment and protection of human rights for all migrants in the country. Xenophobia has deep roots and causes. One of the main problems in curbing xenophobia in South Africa is the lack of an adequate legal response, which can permeate and regulate other sectors of society where xenophobia is concerned. In recent times, xenophobic violence has been triggered and incited through online digital platforms such as Whatsapp and Twitter. This research asses the legal regulation of xenophobia in South Africa, with a particular focus on the ‘new’ digital face of xenophobia. This research assesses the adequacy of the South African legal framework in addressing xenophobia with regard to South Africa’s international and regional obligations for the protection of migrants and people in need of international protection and the impact this has on their human rights. This research offers interdisciplinary responses in relation to the changing face of xenophobia and what can be done in order to regulate the incitement of xenophobic violence, the perpetuation of xenophobic rhetoric and the results of this through online platforms with a legal response as the foundation. The research concludes that the changing face towards digital xenophobia requires the existing problems relating to ‘traditional’ manifestations of xenophobia to be addressed as well as the underpinning of a concrete and specific legal framework and policy framework that governs the peculiarities of xenophobia that are specific to the South African context.