Treatment Action Campaign

Today is an important day for displaced people and a victory for Hirsi and TAC. At the end of July 2008, the Treatment Action Campaign, the AIDS Law Project and Mahammud Hirsi took all tiers of government -with the Western Cape Provincial Government being the first respondent- to court after waiting for about 9 weeks to ensure that minimum norms and standards on sanitation, food and shelter amongst others would be implemented in places of shelter in accordance with our Constitution and the obligations we have under international law. For many weeks, TAC stepped in to provide humanitarian relief because our government – the province and the city- failed to fulfil their Constitutional obligations. After it became clear that government was not executing its duties, despite requesting many times for it to develop norms and standards and to implement it, we approached the Cape High Court for relief. The case was due to be argued on 1 September 2008. After we lodged our court papers, and while waiting for their response, today, we can announce that there is no longer a need to continue with the case as the provincial cabinet has approved a set of emergency guidelines – or norms and standards.

 

This section details TAC's attempts to overcome the information vaccuum that existed in the camps and community sites.  This is our effort to relay information to displaced people about the political, legal and other developments relating to the xenophobic crisis.  The newsletters were each designed with content input from civil society stakeholders as well as refugee leadership  about what information is needed and wanted within their sites.

 

 

Newsletter #5 (18 August 2008)

 

TAC Press Statements

6 August 2008 - TAC Responds to City eviction notice and camp mismanagement

4 August 2008 - Cessation of TAC humanitarian aid relief to displaced people, court case and picket update

22 July 2008 - Press statement from Joint Refugee Leadership Committee re Home Affairs, camp conditions, education, protest timetable

10 July 2008 -  Joint Civil Society press release on site conditions, denial of access, registration process, humanitarian aid, and other general issues

 

Civil Society Press Statements

 

Press Statements

6 August 2008 - TAC Responds to City eviction notice and camp mismanagement

4 August 2008 - Cessation of TAC humanitarian aid relief to displaced people, court case and picket update

22 July 2008 - Press statement from Joint Refugee Leadership Committee re Home Affairs, camp conditions, education, protest timetable

10 July 2008 -  Joint Civil Society press release on site conditions, denial of access, registration process, humanitarian aid, and other general issues

Press Statements

Key Press Articles

 

Joint Refugee Leadership Sub-Committee on Education Letter to MEC for Education, Yousef Gabru (18 August 2008)

This letter, written on behalf of the education sub-committtee, requests a meeting to discuss the outstanding education issues with the newly appointed MEC for Education, Yousef Gabru.  Included in this letter is the Joint Refugee Leadership Committee's memorandum to the previous MEC as well as the response to them. 

 

Response Document from Department of Education (24 July 2008)

This document was discussed and given to the Joint Refugee Leadership during a meeting with the MEC for Education, Cameron Dugmore, in which they presented their memorandum (see below). This document contains a summary of the events of the meeting as well as the Department's plan for displaced learners access to education.

TAC has launched a court action on behalf of people who have displaced by xenophobic violence. Papers for Hirsi and TAC v Provincial Government, City of Cape Town and Government of RSA were filed on Tuesday, 29 July 2008 in the High Court of South Africa, Cape of Good Hope Provincial Division. The court case seeks to address conditions in camps and safety sites housing displaced people in the Western Cape.

Govenment has stated that humanitarian aid will end on the 3rd September 2008. 5000 people remain displaced in consistently poor conditions.

TAC Memorandum to the Department of Home Affairs (17 July 2008)

This letter was sent in order to obtain clarification about the "registration process" started by the Government at Youngsfield on 8 July.  It expresses concerns about the process, including the lack of communication of the process to displaced people, allowing people who missed the "registration process" at their site to register, the goals and uses for the registration, the uses of the issued temporary cards and the consequences for those not able to register during the allotted timeframe.

 

 

HIRSI AND ANOTHER v PROVINCIAL GOVERNMENT OF THE PROVINCE OF THE WESTERN CAPE AND OTHERS

It is now more than two months since the xenophobic violence occurred, government has failed to remedy the situation and conditions of people at camps and in halls despite being fully aware of the worsening problem. Despite at least thirty official letters, six memoranda, many requests for information, over two hundred pleas for humanitarian and other assistance and extensive meetings with representatives of City and Provincial Government as well as many peaceful, non-violent protests and demonstrations, no meaningful change has taken place in the material conditions of people living in the camps and other safety sites; indeed the conditions have become worse.  While everything possible was done to avoid legal action, there now remains no choice but to ask for a court order for minimum international norms and standards on living conditions to be met at the camps and halls.

 

Court Documents

TAC, the AIDS Law Project (ALP) and other civil society organisations have published a detailed report of conditions in the refugee camps and places of shelter for displaced people in the Western Cape. The report was completed on 18 July and updated on 21 July.

Download the report.