Lawyers for Human Rights response to human rights abuses by SAPS during Balfour service delivery protest
Lawyers for Human Rights has been actively monitoring the situation in Balfour and is gravely concerned by the indiscriminate violence which occurred last week in that community. Foreign nationals were particularly targeted by some members of the community. LHR has, however, also learned of widespread violence by police against protesters as well as against community members not involved in the protest.
LHR is concerned that the indiscriminate violence committed by both police officers and some elements within the protesters will continue without further government intervention. On Monday 20 July 2009 the community of Siyathemba township in Balfour went on a service delivery protest relating to provision of basic services by their local government, Dipaleseng Municipality which is part of Mpumalanga Province.
Violence against foreign nationals.
It appears that some elements of the community took the opportunity to attack foreign nationals and their shops in the Balfour area. Such action included the looting of 30 shops and robbery of their possessions. Foreign nationals are often treated as scapegoats in service delivery protests since they are erroneously considered the cause of poor service delivery. We call on all communities to recognize that foreign nationals are in no way connected to issues of poor service delivery (beyond simply being affected as community members themselves). Further, foreign nationals in such communities have been shown to often make positive contributions. Attacking foreign nationals is not only a crime and contrary to South African values, but it undermines such contributions and will not improve service delivery. Attacks against any group create fear and division among allresidents.
Recalling the loss of life during last year's xenophobic attacks and the ever present potential forfurther such violence, LHR calls on the Minister of Police as well as the National and Provincial Commissioners of Police to promptly develop a clear strategy detailing how police will protect foreign nationals from such crimes.
Police violence
LHR is equally concerned, however, with the level of violence committed by police officers during protests. We have been informed by community leaders that during the days of the protests a number of incidents took place which are of concern. Such incidents include serious human rights violations by SAPS against the minors and people in general which have gone mostly unreported. The police unit that was sent to the area was mostly comprised of reservists. Many of the people arrested for public violence were either minors under the age of 16 or people who were not participating in the protests but were taken from their homes and detained. We had consultations with the parents, guardians and custodians of the arrested minors. LHR condemns any human rights abuses that occurred. We are currently consulting with the victims to consider legal options available them. Basic human rights standards were not observed by thepolice. Incidents include, forexample:
• Excessive use of rubber bullets against people who were not part of the protest, including incidents in the homes of local residents who were not actively participating;
• A fifteen (15) years old boy was shot in the back with rubber bullets at close range;
• A thirteen (13) years old boy was shot with rubber bullets in his face;
• A fourteen (14) year old was shot in the abdomen and the area around abdomen;
• Despite injuries, detainees were not allowed basic medical treatment.
We were further informed about wrongful arrest and unlawful detentions that took place. Some of the detainees; mostly minors who were just shocked and traumatized, were not informed of the reason for their arrest. As mentioned earlier, many of the victims were present at home when protestors evading police entered their homes. When police in pursuit of protestors entered the homes, they would fire indiscriminately, and further arrest all occupants.
We call on government to address this unacceptable state of affairs in compliance with the Constitution. We further call onthe Independent Complaints Directorate (ICD) to investigate unlawful police conduct, in this case involving the arbitrary use of force.
Everyone in South Africa has the right to live peacefully in their neighbourhood without the threat ofviolence, either by their neighbours or by police officers who are mandated to protect them. We hope that immediate action by government will provide a blueprint for preventing further violencein other communities.
Lesego Kwakwa
Lawyers for Human Rights
Tel: 012 320-2943
Fax: 012 3202-949
Cell: 0728424212
lesego@lhr.org.za
http://www.lhr.org.za/news/2009/lawyers-human-rights-response-human-rights-abuses-saps-during-balfour-service-delivery-pro
