Passing of the Prevention and Combating of Hate Crimes and Hate Speech Bill: A Crucial Step, But Challenges Remain
The Hate Crimes Working Group (HCWG) welcomed the passing of the Prevention and Combating of Hate Crimes and Hate Speech Bill by the South African Parliament, and the subsequent signature of the president to ratify the Hate Crime Act. This legislation marks a significant step forward in our collective efforts to address and reduce hate crimes and hate speech in South Africa.
Ongoing Hate Crimes in South Africa
Despite this legislative victory, hate crimes continue to plague our nation. In recent months, there has been a disturbing trend of gay men being targeted through online platforms such as dating apps, WhatsApp, and Facebook. These individuals are lured to various locations where they are assaulted, robbed, and in some tragic instances, murdered. It is vital that law enforcement and the courts take these attacks seriously, as these attacks are increasingly frequent and most of the perpetrators are still free.
Transgender individuals face an even graver threat, with lives lost due to violent attacks rooted in transphobic bias and hatred. (Transgender teen murdered in suspected hate crime )
Furthermore, we have witnessed a troubling rise in suspected Islamophobic attacks, including the murder of a mother in her home, underscoring the urgent need for societal change. We call on all communities to embrace those from diverse faith backgrounds, and to respect the freedom and dignity of every individual, and the sanctity of places of worship. (Bombs found at Mosque in suspected hate crime)
After reaching unprecedentedly high levels of anti-Semitism in the last quarter of 2023 in South Africa, recent media articles stated that South Africa has experienced a decrease in reported anti-Semitism, which is still being monitored.
Many foreign nationals, asylum seekers and undocumented persons continue to experience discrimination and violence in South Africa, with xenophobic attacks also continuing to destroy property, businesses and homes. Foreign owned spaza shops are still being attacked in different parts of South Africa. The HCWG welcomes the fact that during the 2024 general elections attacks against foreign nationals were lower than in previous years. However, Xenophobia and Afrophobia have become increasingly common place and naturalized in our political discourse in recent years, and anti-immigrant sentiment has increased – being a key focus for some political parties in their recent electoral campaigns and policy positions. Such speech directed at migrants and scapegoating migrants has come in addition from officials in government themselves.
Condemnation of All Hate Crimes
The HCWG condemns all forms of hate crimes and hate speech unequivocally. These acts of violence and discrimination are based on biases against already marginalized and vulnerable groups. They undermine the very fabric of our democratic society, which is founded on principles of equality, freedom, and respect for differing views.
Call to Action
We call on all South Africans to uphold the democratic laws that guarantee equality and freedom for all individuals, regardless of their race, sexual orientation, gender identity, religion, or ethnicity. The passage of the Hate Crimes Act is a milestone, but it must be accompanied by concrete actions.
We urge the South African government to:
- Implement stricter measures to prevent and respond to all forms of hate crimes and hate speech.
- Ensure the thorough and unbiased enforcement of the newly passed Act.
- Provide adequate resources and training to law enforcement agencies to effectively combat hate crimes and implement the new legislation.
- Promote education and awareness programs that foster tolerance and inclusivity, embrace difference and respect all communities.
Conclusion
The Hate Crimes Working Group remains committed to fighting hate crimes and advocating for the rights and safety of all marginalized, vulnerable groups in South Africa. We believe that, together, we can build a society where everyone can live freely and safely, without fear of violence or discrimination.
