ISS and HSRC Seminar, South Africa: The Country We Want To Live In: Policy, Practice, Legislation With Respect To Hate Crimes
Presented by the Human and Social Development Research Programme (HRSC) and the Crime and Justice Programme (ISS)
Hate crimes are crimes motivated by prejudice, or shaped by discrimination, and perpetrated against a person or a group on the basis of their race, religion, national origin, sexual orientation or any other feature that renders them ‘other’ to the perpetrator. Such crimes violate the constitutional right to non-discrimination by being harmful, inciting harm, intimidation, undermining human dignity, respect and a person`s right to bodily integrity. Most recently hate crimes have surfaced in South Africa in the form of the attacks, murders and the ‘corrective rape’ of lesbians, xenophobia, and racist attacks. Because these are crimes of prejudice, they cannot be prevented and addressed in the same way as other violent crimes. They also have particularly serious consequences for the victims because they are directed at the victims’ identity.
On 30 August the Crime and Justice Programme of the Institute for Security Studies and the Human and Social Development Research Programme of the HSRC held a seminar to discuss, debate and draw attention to the issue of hate crimes in the context of South Africa. The seminar focused on the need to address hate crimes through policy, legislation and other means, including civil society interventions. The discussion also offered insights into how the state and civil society interpret and address the problem of hate crimes. Speakers drew on case studies, lived experience, judicial instruments, academic insights and policy arguments. The discussion brought together researchers, activists, practitioners and state officials in a conversation to take stock of where we are in terms of addressing the problem; reflect on current developments, and assess what still needs to be done.
The seminar took place at the HSRC offices in Pretoria and made use of video conferencing facilities to allow speakers and members of the audience in the Durban and Cape Town offices to participate. The seminar was well attended with some 60 participants from the three cities.
The presenters were, Nonhlanhla Mkhize , Director of the Durban Lesbian and Gay Community and Health Centre in KwaZulu-Natal; Vanya Gastrow, a visiting researcher at the African Centre for Migration and Society at the University of the Witwatersrand; Dr Danny Titus, a Commissioner of the Human Rights Commission, and the Executive Director, Culture at the ATKV (Afrikaanse Taal en Kultuur Vereniging) and Prof Juan Nel, Director of the Centre for Applied Psychology (UCAP) at UNISA.
The title of the seminar, ‘The country we want to live in’ was borrowed from the title of a monograph edited by Nonhlanhla Mkhize, Jane Bennet, Vasu Reddy and Relebohile Moletsane that reports on the outcome of a roundtable discussion about hate crime and homophobia in the lives of black lesbians in South Africa. Mkhize’s presentation highlighted the failures of the criminal justice system in dealing with ‘corrective rape’ against black lesbians and expressed the anger and pain that hate crimes cause. She strongly reflected the frustration and anger felt by individuals and community in addressing the complex problem facing black lesbians.
Vanya Gasrow spoke about her research in Cape Town that examines forced and attempted removals by shopkeepers of foreign competitors in Cape Town. Her work explores the ability of foreign shopkeepers to access justice when they are victims of crime and xenophobia. This included an analysis of the responses of the justice system, civil society and surrounding communities to attacks against Somali businessmen. She spoke about the attempted forced removals of foreign shopkeepers that have been organised by South African local business forums, and the conflict resolution measures undertaken by civil society and government in response to these removals. Her presentation highlighted the complexities of the discrimination experienced by Somali shopkeepers whose attackers are threatened by their relative economic success. She referred to the fact that attempts at mediation have resulted in compromises that deepen the discrimination, forcing Somali businessmen to reduce their competitive advantage over South Africa spaza-shop owners or move to other areas.
Dr Danny Titus, spoke about South Africa’s constitutional and international obligation to address hate crimes through the adoption of legislation to criminalise hate crimes. He also reflected on the arguments put forward by advocacy groups in the United States in opposition to hate crimes legislation, saying that we are likely to hear the same arguments in South Africa when the hate crimes bill comes before parliament for discussion in the future.
Prof Juan Nel offered a definition of hate crimes. He provided an understanding of the relationship between stereotyping, discrimination and victimization and the effect of hate crimes on the victims. He argued that a multi-sectoral response is required that includes legislation and policy; mobilization at all levels to address prejudice and “visible and vocal leadership against all forms of hateâ€Â. Nel talked about the importance of considering the “hierarchy of value†that underpins responses to hate crimes, namely that some transgressions may be included whilst others are ignored. He suggests that we should avoid a “hierarchy of valueâ€Â. For example, racial crimes may be privileged over crimes based on sexual orientation. His argument motivates the urgency to treat all crimes with equal value.
The discussion addressed the need for a deeper understanding of the context in which hate crimes take place and cautioned against singling out specific categories of victims. It was noted that there are few opportunities for victimized groups to dialogue with the perpetrators of hate crimes, and that such dialogue is a necessary element of addressing the prejudice that drives hate crimes.
The presentations by Prof Nel and Dr Titus are available on the Crime Hub website, along with a background paper on hate crimes prepared by the Hate Crimes Working Group and their recommendations to the Department of Justice and Constitutional Development.
The seminar was reported on in Business Day, and on Jacaranda FM:
http://www.businessday.co.za/Articles/Content.aspx?id=152071
http://www.jacarandafm.com/kagiso/content/en/jacaranda/jacaranda-news?oid=1347888&sn=Detail&pid=6182&Not-enough-done-to-fight-hate-crime
This seminar was made possible by funding from the Human Science Research Council and the Hanns Seidel Foundation.
Beyond this seminar, the HSRC (Human and Social Development Research Programme) and the ISS (Crime and Justice Programme) will work towards producing a jointly authored article in the HSRC Review, and identify partnerships for future collaborative work (either through research, advocacy, or public and policy dialogues or a combination of focuses).
