Senior Advocate of Nigeria, Femi Falana, has petitioned the African Commission on Human and Peoples’ Rights over what he described as persistent and escalating xenophobic attacks against Nigerians and other African nationals in South Africa.
In the communication submitted under the African Charter on Human and Peoples’ Rights, Falana urged the Commission to urgently intervene and refer the matter to the African Court for binding adjudication. He said the petition was prompted by what he termed a consistent pattern of violence, discrimination, and insecurity faced by foreign nationals in South Africa.
Falana alleged that Nigerians and other Africans have been subjected to killings, assaults, arbitrary arrests, torture, looting of businesses, and forced displacement. He argued that the attacks are systemic rather than isolated incidents, reflecting what he described as a failure of the South African authorities to provide adequate protection.
The petition referenced recent incidents, including the reported deaths of two Nigerians allegedly linked to personnel of the South African National Defence Force. It also cited renewed mob attacks on African migrants in several provinces, alongside circulating videos showing assaults and threats against foreign nationals.
Falana further stated that diplomatic missions, including Nigeria’s High Commission in Johannesburg, have issued security advisories, while reports indicate that more than 130 Nigerians have requested evacuation due to safety concerns. He also referenced historical patterns of xenophobic violence in South Africa, including past killings and attacks on migrant communities.
He therefore asked the African Commission to find South Africa in violation of several provisions of the African Charter, including rights to life, dignity, non-discrimination, and security. Falana also urged the body to refer the case to the African Court, ensure investigations, and secure reparations and guarantees of non-repetition for victims.
