The overwhelming number of people residing outside country of origin has created anxiety and fear in the immigrant receiving countries over the potentially destabilising effect on the country’s resources. This may provoke controversy because of the fears that they may be competing unfairly with hosts for jobs, housing and other welfare services. Hence, migrants are increasingly becoming vulnerable to racism, xenophobia and discrimination. The justice system protects the rights of migrants. Equal access to justice entails the right of migrants to initiate and proceed with legal matters through the justice system without hindrances. On the side of the state, access to justice also includes the obligation of the state to investigate violations and persecute the perpetrators according to the law. Hence, with this context in mind, this study explored the perception of justice system personnel on the services they provide to non-South African citizens, specifically to Ethiopian Immigrants in the Newcastle area. It also explored the experience of Ethiopian asylum seekers and refugees in interacting with the locals and in accessing justice system within the greater Newcastle area in the KwaZulu Natal Province. In total, 20 interviews were conducted, of which 8 are justice system personnel and 12 Ethiopian asylum seekers and refugees. The findings suggest that the majority of justice system personnel perceive that foreigners are equal in the eyes of the law and get equal treatment as that of South Africans. It was found that the majority of justice system personnel lack knowledge of refugee law and this has been an obstacle in day to day running of courts. The findings also show that language services and Legal Aid are available to locals and as well as foreigners. It was also found that case dockets get lost due to corruption and negligence, and this resulted in impunity for some of the perpetrators of xenophobic violence. The findings also suggested that asylum seekers and refugees agreed that the justice system is fair and that there are good provisions that accommodate everyone. Some, however, expressed discontent and claimed that they faced discrimination. They portray the police as unfriendly and indicated that they have experienced abuse and discrimination. The findings also suggest that police harass and abuse refugees by invading their premises without a search warrant. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2012.

Xenophobia in South Africa is a social-political ill. Despite the huge xenophobic attack that took place in May 2008 leaving so many people homeless, wounded and dead, xenophobia still continues to occur in several ways all over South Africa. Its roots can be traced back to the period of apartheid when black South Africans suffered various types of racial discrimination and other forms of subjugation from the hands of their white compatriots, who form a tiny minority of the country‘s population. It would appear that having forced their way out of the period of apartheid, Black South Africans have created a brutal culture of hostility towards 'foreigners' from the rest of Africa. In their search for higher education, students from the rest of the continent have been attracted to South Africa by its excellent social infrastructure and the relative buoyancy of its economy. These migrant students are faced with various challenges in their daily activities both on and off campus. The most salient of this would seem to be their experience of xenophobia. A case in point is the female African students at UKZN. This is in addition to the basic fact that women are, almost by definition, a vulnerable group. The violence that many women experience is caused by numerous identities such as race, class, sexual orientation, HIV status, disability and other markers of difference. These markers not only increase female vulnerability but they also limit their access to legal redress and health and psychosocial services. This phenomenon often gives men an advantage over women in society. Such forms of discrimination need to be investigated and interrogated within the context of xenophobia. Though there has not been any further major attack in the aftermath of the 2008 xenophobic violence, the sporadic experiences amongst, for example, foreign female African students at UKZN, if ignored, may gradually lead to a violent outbreak. This study attempts to capture and critically analyse the understanding of these students on the subject of xenophobia, their experiences and the probable effects xenophobia has, so far, had on their stay in South Africa. The study also seeks to understand how these students respond to the attacks and if they are aware of policies made by the government or university authorities to assist them. Based on the interviews, the study recommends how to eradicate xenophobia, given that existing policies seem to be working only in presumption. It further elaborates on the gender dynamics of xenophobia and concludes on the feelings of xenophilia (experience of love by foreigners from the local South Africans) by the students despite the existence of xenophobia in South Africa. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2010.

The main purpose of the study described in this report was to better understand the lived experiences of refugees from Burundi and Rwanda living in the inner city of Durban and facing xenophobia. This study was motivated by available research evidence that xenophobia is a widespread phenomenon, together with the researcher’s own experience of living as a refugee in South Africa. The investigation was guided by ‘structural social work theory’ and used a qualitative descriptive approach. The sample of the study, purposively selected using snowball sampling technique, consisted of ten adult refugees from Burundi and Rwanda who had been granted refugee status in South Africa. As a data collection tool, semi-structured interviews were conducted with the participants. To ensure trustworthiness, criteria of credibility, dependability, confirmability and transferability were taken in account. The study revealed that all the participants have fled their respective countries due to ethnic conflicts and on-going civil wars. Traumatised by the experience that had led to their flight, all ten participants were found to have been re-traumatised further along the flight, and symptoms of post-traumatic stress syndrome were common. It was possible to demonstrate that this background experience undermined participants’ ability to cope with xenophobia. Xenophobia was found to feature in the form of both interpersonal and structural violence, the latter consisting of both social and economic marginalisation and exclusion. According to the research participants, the prevailing xenophobia in South Africa can be attributed to a number of interconnected factors including: the impact of South Africa’s apartheid history on attitudes of South Africans towards black foreigners, coupled with a general lack of knowledge about who are refugees; high levels of violence coupled with an apparent social acceptability of crime; as well as the negative statements of the media about foreigners in general and refugees in particular. Against this background, participants indicated a range of coping strategies, including the following: escape from identity; psychological and social withdrawal; living in overcrowded inner city areas to cut costs of living and minimise risks of exposure to xenophobic violence; embracing self and informal employment. Based on the study findings, this research report concludes with the proposition of a number of recommendations towards curbing xenophobia in South Africa and enabling refugees to overcome past traumatic experiences, integrate and become active contributors to South Africa’s economy, in line with the qualifications that they may have attained prior to flight. To this end, contributions are required of everyone concerned with the refugees’ integration including the South African government, the media, the social work profession, the refugees themselves, as well as the communities amongst which they live. Much more research needs to be done to increase social workers’ understanding of the needs of refugees and of xenophobia, and to guide appropriate professional responses. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2013.