Socio-Economic Rights and Accountability Project (SERAP) has sent an
\nopen letter to Mrs Soyata Maiga, Chairperson of the African Commission
\non Human and Peoples’ Rights and the commission’s members requesting
\nthem: “to urgently submit a case on the escalating xenophobic attacks
\nagainst Nigerians and other African citizens in South Africa to the
\nAfrican Court on Human and Peoples’ Rights and to seek an effective
\nremedy and reparation for Nigerian victims.”<\/p>\n
SERAP said: “these attacks constitute serious violations of the human
\nrights of Nigerians and other African citizens in South Africa.”<\/p>\n
The organization also urged the commission to “seek in the case to the
\nAfrican Court, punitive damages and adequate compensation of $10 billion
\n(USD) on behalf of hundreds of Nigerian victims and their families. This
\namount will sufficiently take into account individual harm suffered by
\nvictims.”<\/p>\n
In the open letter dated 6 September 2019 and signed by SERAP deputy
\ndirector Kolawole Oluwadare, the organization said: “This is a key
\nmoment for the commission to push to protect the human rights of the
\nvictims. The commission ought to make it clear to the South African
\nauthorities that the victims of the heinous crimes have a right to an
\neffective remedy and reparation, which includes restitution,
\ncompensation, rehabilitation, satisfaction and guarantees of
\nnon-repetition.”<\/p>\n
The organization also said: “For the sake of the victims, the commission
\nshould move swiftly on the matter to prevent further harm to Nigerians
\nand other foreign nationals in the country. Unlike for individuals and
\nNGOs, the African Court Protocol does not require Nigeria to have made
\nthe declaration under Article 34(6) for the commission to submit a case
\non behalf of the Nigerian victims before the Court.”<\/p>\n
The open letter read in part: “If the victims see that a process for
\nensuring adequate compensation for the crimes committed against them in
\nSouth Africa is underway, it will also discourage revenge violence and
\nkillings and help break the cycle of violence that is now spiralling
\nbeyond control in the country.”<\/p>\n
“If the commission does not pursue a case for compensation for victims,
\nthe Nigerian government may compel it to do so before the court. The
\ncall for an effective remedy and reparation for the victims of
\nxenophobic attacks and violence is overwhelming, and comes from direct
\nvictims and their families, from the Nigerian government and the
\nleadership of Nigeria’s National Assembly.”<\/p>\n
“Pursuing the case before the African Court and seeking adequate
\ncompensation in the sum of $10 billion (USD) would help to ensure
\njustice to the victims and deter South African authorities and
\nhigh-ranking public officials who incite hatred, violence and
\ndiscrimination.”<\/p>\n
“Pushing for payment of $10 billion (USD) compensation for Nigerian
\nvictims of xenophobic attacks and violence can demonstrate that the days
\nof impunity for these crimes are gone.”<\/p>\n
“This would also ensure the effective implementation of the commission’s
\nResolution ACHPR\/Res.131 (XXXXIII) and Resolution ACHPR\/Res.304 (LVI) as
\nwell as its press statements of 2017 and 4 April 2019, which expressed
\ngrave concern over xenophobic attacks that took place in 2008, 2015,
\n2017 and 2019 respectively.”<\/p>\n
“Every African citizen in South Africa is guaranteed the rights to life
\nand human dignity no matter their nationality or migration status. The
\ncommission should call on high-ranking political leaders in South Africa
\nto immediately end public statements, which amount to advocacy of hatred
\nor incitement to discrimination, hostility or violence.”<\/p>\n
“The commission should consider the xenophobic attacks as amounting to
\nserious and widespread violations of human rights of Nigerians in South
\nAfrica. The lack of accountability and adequate compensation for the
\nxenophobic attacks and violence committed against Nigerians in South
\nAfrica for many years has fostered a sense that there are no
\nconsequences for violence.”<\/p>\n
“SERAP notes that the African Commission has condemned the xenophobic
\nattacks and violence, noting that ‘the attacks not only constitute
\npossible violations of the African Charter on Human and Peoples’ Rights
\nbut are also contrary to the principles and ideals of African solidarity
\ncherished in the African Charter.'”<\/p>\n
“It is now time for the commission to move beyond mere resolutions and
\nstatements. The commission should pursue legal action to seek an
\neffective remedy and reparation for victims, as the South African
\nauthorities have failed and\/or refused to implement the commission’s
\nrepeated resolutions and statements.”<\/p>\n
“SERAP is seriously that the African Commission, which is the main body
\nmandated with promoting human and peoples’ rights on the continent\u2014has
\nso far failed to hold South African authorities to account for these
\ncrimes and to deter repeated violations and attacks against Nigerians.”<\/p>\n
“South African authorities cannot expect Nigerian victims to resume
\ntheir lives as though nothing happened. Time is of the essence as the
\nfailure and\/or refusal by the authorities to respect the right of
\nNigerian victims to an effective remedy and reparation for the
\nxenophobic attacks have continued to fuel repeated violence with
\ndevastating consequences and an entrenched culture of impunity of
\nperpetrators.”<\/p>\n
“Prior to the outbreak of the current xenophobic violence and attacks
\nagainst Nigerians, the government of South Africa was failing to protect
\nthe human rights of foreign nationals in the country. Particular human
\nrights concerns include restriction of the right to freedom of movement,
\nviolation of the right to life, equality, dignity and the security of
\ntheir person and property as enshrined under Articles 3, 4, 5, 12 and 14
\nof the African Charter.”<\/p>\n
“Significant efforts are needed to foster a culture of respect for the
\nhuman rights of foreign nationals in the country. The commission should
\nplay a decisive role by beginning to call for broad human rights reforms
\nthat will ensure full protection and safety of Nigerians and other
\nAfrican citizens in South Africa.”<\/p>\n
“The African Court has held that as long as the rights allegedly
\nviolated are protected by the African Charter or any other human rights
\ninstruments ratified by the State concerned, in this case South Africa,
\nthe Court will have jurisdiction over the matter if it is brought by the
\nAfrican Commission, pursuant to Articles, 2, 3(1) and 5(1) (a) of the
\nCourt’s protocol.”<\/p>\n
“South African authorities have repeatedly failed and\/or refused to take
\nany meaningful action to end xenophobic violence and attacks against
\nNigerians, and address the root causes of these attacks. Also, the
\njustice system has not satisfactorily dealt with the arrest and
\nprosecution of perpetrators let alone ensure an effective remedy and
\nreparation for victims.”<\/p>\n
“The commission should also draw the attention of the Assembly of Heads
\nof State and Government of the African Union to the xenophobic attacks
\nand violence since they reveal the existence of a series of serious or
\nmassive violations of human and peoples’ rights, as provided under
\nArticle 58 of the African Charter on Human and Peoples’ Rights.”<\/p>\n
“It is important to invoke article 58 so that the AU can also consider
\ntaking punitive action against the South African authorities on their
\nfailure to implement their obligations under the Africa Charter and the
\nAU Constitutive Act.”<\/p>\n
“This request is entirely consistent with the African Commission’s rules
\nof procedure and the Protocol to the African Charter on Human and
\nPeoples’ Rights on the establishment of an African Court on Human and
\nPeoples’ Rights. Taking this step will show that African Commission and
\nAfrican Court can cooperate in taking action against massive human
\nrights violation in South Africa.”<\/p>\n
“Over 200 Nigerians have been reportedly killed since 2008, several more
\nhave been displaced from their homes while more than 300 Nigerians have
\nregistered for evacuation from South Africa. Shops and businesses by
\nNigerians have been looted or destroyed, and high-ranking political
\nleaders have deliberately fuelled the attacks and violence.”<\/p>\n
“The impact of the violence and attacks on Nigerian women and children
\nhas been devastating, as children have been unable to attend school due
\nto fear of attacks. Many Nigerians are now relocating their wives and
\nchildren to Nigeria while they stay back to work in South Africa.”<\/p>\n
“In February 2017, parents reported that xenophobic prejudice was being
\nextended to local schools. For example, the Eastleigh Primary School in
\nEdenvale, Gauteng threatened to refuse the children of foreign nationals
\naccess to education. In May 2008, more than 60 people were killed, more
\nthan 600 injured and over 20,000 people were displaced in the Gauteng
\nand Western Cape Provinces.”<\/p>\n
The open letter was copied to the Secretary, African Commission;
\nCommissioner Solomon Ayele Dersso, Rapporteur for South Africa;
\nCommissioner Lucy Asuagbor, Special Rapporteur on Rights of Women;
\nCommissioner R\u00e9my Ngoy Lumbu, Special Rapporteur on Human Rights
\nDefenders, and Commissioner Maya Sahli Fadel, Special Rapporteur on
\nRefugees, Asylum Seekers, Migrants and Internally Displaced Persons.<\/p>\n
Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to Mrs Soyata Maiga, Chairperson of the African Commission on Human and Peoples’ Rights and the commission’s members requesting…<\/p>\n","protected":false},"author":1,"featured_media":56720,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-69021","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n