Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has urged the governments of Nigeria and Ghana to institute legal action against South Africa before the African Court on Human and Peoples’ Rights over renewed xenophobic attacks on African migrants.
Falana, in a statement issued on Sunday, said reporting South Africa to the African Union would not provide justice for victims, arguing that only the African Court has the authority to order compensation and other legal remedies.
He described the decision by Nigeria and Ghana to take the matter to the African Union as “diversionary and time-wasting.”
“The decision of the Governments of Nigeria and Ghana to report South Africa to the African Union is completely diversionary and time-wasting.
“Both countries ought to have realised that the African Union lacks the competence to direct the Ramaphosa regime to pay compensation to the victims of xenophobic attacks,” Falana said.
The senior lawyer’s comments followed reports that the South African government rejected Nigeria’s request for compensation for citizens who fled the country after renewed xenophobic attacks forced them to abandon businesses, investments and other property.
Falana recalled that the Federal Government had earlier announced plans to seek compensation for affected Nigerians.
He noted that the Nigerian Acting High Commissioner to South Africa, Alexander Ajayi, had disclosed that officials were documenting businesses and properties abandoned by victims to support discussions with the South African authorities.
However, Falana faulted Pretoria’s reported refusal to compensate the victims, describing the decision as an act of “sheer insensitivity.”
“Out of sheer insensitivity, the Cyril Ramaphosa administration has turned round to reject Nigeria’s request for compensation for its citizens who were forced to abandon their businesses and properties after fleeing renewed xenophobic attacks,” he said.
According to Falana, South African authorities justified their position by alleging that many of the affected migrants were residing in the country illegally, an assertion he said had been challenged by the victims.
He called on Nigeria, Ghana and other African countries whose citizens had been killed or attacked during the violence to institute proceedings before the African Court on Human and Peoples’ Rights in Arusha, Tanzania.
“I am compelled to call on Nigeria, Ghana and other African countries whose nationals have either been killed or brutalised in the xenophobic attacks to sue the South African Government at the African Court on Human and Peoples’ Rights in Arusha, Tanzania.
“Apart from seeking provisional measures to stop further attacks, the governments of Nigeria and Ghana should pray the Court to award aggravated damages against the South African Government,” he said.
Falana argued that the mass expulsion of African migrants violated Article 12 of the African Charter on Human and Peoples’ Rights, which prohibits the collective expulsion of non-nationals except in accordance with the law.
He also criticised remarks credited to South African President Cyril Ramaphosa urging migrants to comply with the country’s laws and traditions, saying such comments amounted to an endorsement of the attacks.
Drawing a comparison with South Africa’s case against Israel at the International Court of Justice over alleged genocide in Gaza, Falana maintained that Pretoria should also be held accountable under regional human rights mechanisms for failing to protect African migrants within its borders.
The senior advocate further urged the administration of President Bola Tinubu to recognise the jurisdiction of the African Court to hear petitions from individuals and non-governmental organisations by making the declaration required under Article 34(6) of the court’s protocol.
“If Nigeria had recognised the competence of the court, victims of xenophobic attacks and other gross abuses of human rights in South Africa and other African countries would have been able to seek legal redress, including payment of compensatory damages.
“We are therefore compelled to call on the Bola Tinubu administration to enable aggrieved citizens to access the African Court,” he said.
Nigeria and South Africa have witnessed recurring diplomatic tensions over repeated xenophobic attacks targeting foreign nationals, particularly Nigerians.
Previous outbreaks of violence in 2015, 2019 and subsequent years resulted in deaths, destruction of businesses and the evacuation of hundreds of Nigerians from South Africa.
Recent attacks have again displaced thousands of African migrants, including Nigerians and Ghanaians, prompting the Nigerian government to begin documenting abandoned businesses and assets while seeking compensation for affected citizens. South African authorities, however, reportedly rejected the request, insisting that many of the affected migrants were in the country illegally, a claim disputed by the victims.
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