Falana Petitions African Commission Over Xenophobia in South Africa

The persistent scourge of xenophobia in South Africa continues to draw international condemnation, with Nigerian human rights lawyer Femi Falana taking a significant step by petitioning the African Commission on Human and Peoples’ Rights. This move underscores the gravity of the situation, framing the xenophobic attacks not merely as isolated incidents but as a grievous violation of fundamental human rights guaranteed under the African Charter.

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The several xenophobic attacks constitute serious violations of the human rights guaranteed by several provisions of the Charter.

Falana's petition meticulously outlines South Africa's alleged breach of its obligations, referencing multiple articles of the Charter. The demands are clear: prosecute those responsible for the violence, bolster protection mechanisms for foreign nationals, cease incitement, and address the deep-rooted structural causes of discrimination and insecurity. This legal recourse reflects a growing frustration among African nations and individuals witnessing the recurring cycle of violence against migrants, particularly Nigerians, in South Africa.

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Find that the Republic of South Africa is in violation of its obligations under the African Charter, including Articles 1, 2, 3, 4, 5, 6, 12, 14, and 18.

The recent tragic deaths of Amaramiro Emmanuel and Ekpenyong Andrew, alongside numerous reports of harassment and violence against African migrants, have amplified these concerns. Videos circulating online depict disturbing scenes of South Africans assaulting foreign nationals, issuing threats, and demanding their expulsion. This pattern of violence, characterized by killings, assaults, looting, and displacement, paints a grim picture of the challenges faced by migrants in South Africa.

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These violations are neither isolated nor sporadic; rather, they reflect a recurring cycle of attacks marked by killings, physical assaults, arbitrary arrests, torture, looting, destruction of businesses, forced displacement, and sustained threats to life and personal security.

From a Nigerian perspective, these attacks are not just statistics but represent a betrayal of African solidarity. The Nigerian government and its citizens have repeatedly expressed deep concern over the safety of their nationals in South Africa. Falana's petition, therefore, resonates deeply, serving as a powerful assertion that such acts of xenophobia are unacceptable and must be confronted through robust legal and diplomatic channels. It is a call for accountability and a demand that South Africa uphold the principles of human rights and dignity for all Africans on its soil, a sentiment echoed across the continent.

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These incidents have caused widespread shock within the Nigerian community and raise serious concerns about the conduct and accountability of state actors.