HATE CRIMES WORKING GROUP STATEMENT OF SOLIDARITY AND URGENT CALL FOR GOVERNMENT INTERVENTION TO STOP OPERATION DUDULA’S HARASSMENT OF FOREIGN NATIONALS AT PUBLIC HEALTH FACILITIES

HATE CRIMES WORKING GROUP stands in solidarity with all organisations providing services to foreign nationals, refugees and migrants, in the face of intimidation, threats and extreme xenophobic attacks.

The Hate Crime Working Group (HCWG) writes to express our grave concern regarding the ongoing harassment and intimidation of foreign nationals—particularly mothers of newborn babies—by members of Operation Dudula at public health clinics across South Africa.

We note with alarm the growing number of incidents in which individuals perceived to be foreign nationals are being denied access to essential healthcare services, including:

• Chasing away mothers and infants from health facilities based on nationality or perceived foreign origin.
• Physical and verbal intimidation of people seeking primary health care.
• The creation of a climate of fear and xenophobia in and around public health institutions.

XENOPHOBIA IS A HATE CRIME

As the HCWG, we stress that these actions constitute hate crimes. They target individuals based on their perceived ethnic origin, nationality, or documentation status, and are motivated by discriminatory beliefs rather than legitimate concerns. It is crucial to note that approximately one-third of victims of xenophobic violence in South Africa are South African citizens from ethnic minority groups, often wrongly assumed to be foreign nationals by perpetrators. This reflects the dangerous spread of ethnic profiling and the increasing vulnerability of all who are “othered.”

Such conduct is not only inhumane and unconstitutional, but it violates Section 27 of the South African Constitution, which guarantees access to healthcare for everyone. It also contravenes domestic and international human rights obligations, including the National Health Act, the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the African Charter on Human and Peoples’ Rights.

The obstruction of life-saving care—particularly for mothers, infants, and those with chronic illnesses—has devastating consequences and undermines the public health system’s founding principles of dignity, non-discrimination, and universality. These actions further erode social cohesion, embolden vigilantism, and normalise lawlessness within spaces meant to provide safety and care.

This is not an isolated issue. It is part of a broader pattern of xenophobic mobilisation and vigilantism that has grown more brazen in recent years. We are equally concerned about the increased targeting and vilification of civil society organisations that work to protect the rights and dignity of refugees, asylum seekers, and migrants. We express

our full solidarity with the Socio-Economic Rights Institute (SERI), other NGOs and the South African Human Rights Commission (SAHRC) who are all currently facing intimidation for their essential work in defending human rights and the Constitution.

We therefore respectfully and urgently call on your office to:

1. Publicly condemn the actions of Operation Dudula and any groups harassing or intimidating individuals at health facilities.
2. Ensure the safety of all patients—regardless of nationality—by working with law enforcement and relevant departments to prevent any form of vigilante interference.
3. Issue a directive to all provincial and facility managers reaffirming that no one may be denied access to health care based on nationality or documentation status.
4. Collaborate with the Department of Home Affairs and other actors to ensure a coordinated, rights-based response to hate crimes targeting migrants and ethnic minorities.
5. Recognise, support, and protect civil society organisations working with vulnerable populations, in line with South Africa’s democratic values and constitutional obligations.

Inaction in this regard risks legitimising hate and lawlessness, endangering the rights, lives, and well-being of some of the most vulnerable in our society. Now is the time for principled leadership that upholds the dignity of all who live in South Africa and affirms that hate crimes have no place in our democracy.

The Hate Crimes Working Group  (HCWG)

The HCWG is a multi-sectoral network of 23 civil society organizations set up to spearhead advocacy and reform initiatives pertaining to hate crimes in South Africa and the region. Members of the network work in diverse sectors, namely in LGBTI rights; migrants, refugees and asylum seekers rights; gender based entities and broader human rights organizations. They all share a common concern on the impact of hate crimes in South Africa from the perspective of the victims or from a legal, service provision, research-based or advocacy perspective.

For more information contact:

HATE CRIMES WORKING GROUP

Email: hcwgsa@gmail.com