Human Rights Lawyer Calls for Action to Address Xenophobic Violence in South Africa
Renowned Nigerian human rights lawyer Femi Falana has formally petitioned the African Commission on Human and Peoples’ Rights (ACHPR), urging it to declare the ongoing xenophobic violence in South Africa a severe violation of human rights. Falana’s petition, dated May 15, demands accountability for perpetrators, strengthened protections for foreign nationals, and an end to incitement of such violence.
The petition highlights the deaths of two Nigerians, Amaramiro Emmanuel and Ekpenyong Andrew, in April, as part of a surge in xenophobic attacks across South Africa. Both men were reportedly beaten by South African National Defence Force (SANDF) operatives. Andrew’s body was discovered at the Pretoria Central Mortuary days after his arrest in Booysens, Pretoria, following an alleged altercation with local police. Emmanuel succumbed to injuries sustained during a separate attack on April 20.
Falana, a Senior Advocate of Nigeria (SAN), described these incidents as part of a recurring cycle of violence against African migrants in South Africa. “These violations are neither isolated nor sporadic,” he stated. “They reflect a pattern of killings, physical assaults, arbitrary arrests, torture, looting, destruction of businesses, forced displacement, and sustained threats to life and personal security.”
The petition references videos circulated in May 2026 showing South Africans assaulting Black foreign nationals, issuing threats, and demanding they leave the country. Such attacks have been reported in Gauteng Province, Durban, Cape Town, East London, and parts of KwaZulu-Natal and the Eastern Cape. Despite diplomatic pleas and calls for intervention, the violence persists.
Falana emphasized the disproportionate impact on women and children, who face heightened vulnerability to violence, exploitation, and displacement. He also noted that migrants often endure profiling, harassment, and exclusion, with limited access to remedies.
The petition accuses South Africa of violating multiple provisions of the African Charter on Human and Peoples’ Rights, including Articles 2, 3, 4, 5, 6, 12, 14, and 18. These articles protect against nationality-based discrimination, ensure equal legal protection, safeguard the right to life, prohibit inhuman treatment, and guarantee personal liberty, freedom of movement, property rights, and family stability.
Falana criticized South African President Cyril Ramaphosa for what he described as a failure to address the issue adequately. While Ramaphosa has acknowledged previous attacks and urged African migrants to respect South African laws and customs, Falana argued that such statements fall short of addressing the root causes of xenophobic violence.
“The government’s consistent failure to exercise due diligence in preventing these attacks, protecting affected individuals, conducting prompt investigations, prosecuting perpetrators, and providing effective remedies has fostered a climate of impunity,” Falana asserted.
The petition calls on the ACHPR to investigate the attacks, refer the matter to the African Court on Human and Peoples’ Rights, and ensure adequate compensation and reparations for victims. It also demands structural and institutional reforms to prevent recurrence and urges the Commission to present the issue before the Assembly of Heads of State and Government of the African Union.
Meanwhile, some African governments are taking proactive steps to protect their citizens. Ghana recently announced plans to repatriate 300 nationals from South Africa due to the escalating xenophobic tensions. Nigeria has also pledged to repatriate its citizens, though it clarified that individuals will bear the costs.
Falana expressed confidence that the Commission would act swiftly and decisively. “I trust that the Commission will act with urgency and resolve, having regard to the facts and circumstances of this petition,” he stated.
As the petition gains attention, the international community watches closely to see whether South Africa and the ACHPR will take meaningful steps to address the xenophobic violence that continues to scar the region.
— Reported by Nexio News
