<p>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 them: “to urgently submit a case on the
escalating xenophobic attacks against Nigerians and other African citizens in
South Africa to the African Court on Human and Peoples’ Rights and to seek an
effective remedy and reparation for Nigerian victims.”</p>



<p>SERAP
said: “these attacks constitute serious violations of ;the human rights of
Nigerians and other African citizens in South Africa.”</p>



<p>The
organization also urged the commission to “seek in the case to the African
Court, punitive damages and adequate compensation of $10 billion (USD) on
behalf of hundreds of Nigerian victims and their families. This amount will
sufficiently take into account individual harm suffered by victims.”</p>



<p>In
the open letter dated 6 September 2019, signed by SERAP deputy director
Kolawole Oluwadare and made available to OpenLife, the organization said: “This
is a key moment for the commission to push to protect the human rights of the
victims. The commission ought to make it clear to the South African authorities
that the victims of the heinous crimes have a right to an effective remedy and
reparation, which includes restitution, compensation, rehabilitation,
satisfaction and guarantees of non-repetition.”</p>



<p>The
organization also said: ;“For the sake of the victims, the commission
should move swiftly on the matter to prevent further harm to Nigerians and
other foreign nationals in the country. Unlike ;for individuals and NGOs,
the African Court Protocol does not require Nigeria to have made the
declaration under Article 34(6) for the commission to submit a case on behalf
of the Nigerian victims before the Court.”</p>



<p>The
open letter read in part: “If the victims see that a process for ensuring
adequate compensation for the crimes committed against them in South Africa is
underway, it will also discourage revenge violence and killings and help break
the cycle of violence that is now spiralling beyond control in the country.”</p>



<p>“<a>If the commission does not pursue a case for compensation
for victims, the Nigerian government may compel it to do so before the
court. ;</a>The call for an effective remedy and reparation for the victims
of xenophobic attacks and violence is overwhelming, and comes from direct
victims and their families, from the Nigerian government and the leadership of
Nigeria’s National Assembly.”</p>



<p>“Pursuing
the case before the African Court and seeking adequate compensation in the sum
of $10 billion (USD) would help to ensure justice to the victims and deter
South African authorities and high-ranking public officials who incite hatred,
violence and discrimination.”</p>



<p>“Pushing
for payment of $10 billion (USD) compensation for Nigerian victims of
xenophobic attacks and violence can demonstrate that the days of impunity for
these crimes are gone.”</p>



<p>“This
would also ensure the effective implementation of the commission’s Resolution
ACHPR/Res.131 (XXXXIII) and Resolution ACHPR/Res.304 (LVI) as well as its press
statements of 2017 and 4 April 2019, which expressed grave concern over
xenophobic attacks that took place in 2008, 2015, 2017 and 2019 respectively.”</p>



<p>“Every
African citizen in South Africa is guaranteed the rights to life and human
dignity no matter their nationality or migration status. ;The commission should
call on high-ranking political leaders in South Africa to immediately end
public statements, which amount to advocacy of hatred or incitement to
discrimination, hostility or violence.”</p>



<p>“The
commission should consider the xenophobic attacks as amounting to serious and
widespread violations of human rights of Nigerians in South Africa. The lack of
accountability and adequate compensation for the xenophobic attacks and
violence committed against Nigerians in South Africa for many years has
fostered a sense that there are no consequences for violence.”</p>



<p>“SERAP
notes that the African Commission has condemned the xenophobic attacks and
violence, noting that ‘the attacks not only constitute possible violations of
the African Charter on Human and Peoples’ Rights but are also contrary to the
principles and ideals of African solidarity cherished in the African Charter.’”</p>



<p>“It
is now time for the commission to move ;<a>beyond mere
resolutions and statements. ;</a>The commission should pursue legal action
to seek an effective remedy and reparation for victims, as the South African
authorities have failed and/or refused to implement the commission’s repeated
resolutions and statements.”</p>



<p>“SERAP
is seriously that the African Commission, which is the main body mandated with
promoting human and peoples’ rights on the continent—has so far failed to hold
South African authorities to account for these crimes and to deter repeated
violations and attacks against Nigerians.”</p>



<p>“South
African authorities cannot expect Nigerian victims to resume their lives as
though nothing happened. Time is of the essence as the failure and/or refusal
by the authorities to respect the right of Nigerian victims to an effective
remedy and reparation for the xenophobic attacks have continued to fuel
repeated violence with devastating consequences and an entrenched culture of
impunity of perpetrators.”</p>



<p>“Prior
to the outbreak of the current xenophobic violence and attacks against
Nigerians, the government of South Africa was failing to protect the human
rights of foreign nationals in the country. Particular human rights concerns
include restriction of the right to freedom of movement, violation of the right
to life, equality, dignity and the security of their person and property as
enshrined under Articles 3, 4, 5, 12 and 14 of the African Charter.”</p>



<p>“Significant
efforts are needed to foster a culture of respect for the human rights of
foreign nationals in the country. The commission should play a decisive role by
beginning to call for broad human rights reforms that will ensure full
protection and safety of Nigerians and other African citizens in South Africa.”</p>



<p>“The
African Court has held that as long as the rights allegedly violated are
protected by the African Charter or any other human rights instruments ratified
by the State concerned, in this case South Africa, the Court will have
jurisdiction over the matter if it is brought by the African Commission,
pursuant to Articles, 2, 3(1) and 5(1) (a) of the Court’s protocol.”</p>



<p>“South
African authorities have repeatedly failed and/or refused to take any
meaningful action to end xenophobic violence and attacks against Nigerians, and
address the root causes of these attacks. Also, the justice system has not
satisfactorily dealt with the arrest and prosecution of perpetrators let alone
ensure an effective remedy and reparation for victims.”</p>



<p>“The
commission should also ;draw the attention of the Assembly of Heads of
State and Government of the African Union to the xenophobic attacks and
violence since they reveal the existence of a series of serious or massive
violations of human and peoples&#8217; rights, as provided under Article 58 of the
African Charter on Human and Peoples’ Rights.”</p>



<p>“It
is important to invoke article 58 so that the AU can also consider taking
punitive action against the South African authorities on their failure to
implement their obligations under the Africa Charter and the AU Constitutive
Act.”</p>



<p>“This
request is entirely consistent with the African Commission’s rules of procedure
and the Protocol to the African Charter on Human and Peoples’ Rights on the
establishment of an African Court on Human and Peoples’ Rights. Taking this
step will show that African Commission and African Court can cooperate in
taking action against massive human rights violation in South Africa.”</p>



<p>“Over
200 Nigerians have been reportedly killed since 2008, several more have been
displaced from their homes while more than 300 Nigerians have registered for
evacuation from South Africa. Shops and businesses by Nigerians have been
looted or destroyed, and high-ranking political leaders have deliberately
fuelled the attacks and violence.”</p>



<p>“The
impact of the violence and attacks on Nigerian women and children has been
devastating, as children have been unable to attend school due to fear of
attacks. Many Nigerians are now relocating their wives and children to Nigeria
while they stay back to work in South Africa.”</p>



<p>“In
February 2017, parents reported that xenophobic prejudice was being extended to
local schools. For example, the Eastleigh Primary School in Edenvale, Gauteng
threatened to refuse the children of foreign nationals access to education. In
May 2008, more than 60 people were killed, more than 600 injured and over
20,000 people were displaced in the Gauteng and Western Cape Provinces.”</p>



<p>The
open letter was copied to the Secretary, African Commission; Commissioner
Solomon Ayele Dersso, Rapporteur for South Africa; Commissioner Lucy Asuagbor,
Special Rapporteur on Rights of Women; Commissioner Rémy Ngoy Lumbu, Special
Rapporteur on Human Rights Defenders, and Commissioner Maya Sahli Fadel,
Special Rapporteur on Refugees, Asylum Seekers, Migrants and Internally
Displaced Persons.</p>

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