Falana Petitions African Rights Commission Over Xenophobic Killings, Attacks On Nigerians In South Africa

Femi Falana has petitioned the African Commission on Human and Peoples’ Rights over recurring xenophobic attacks, killings, and alleged human rights abuses targeting Nigerians and other African nationals in South Africa.

In the petition filed under the African Charter on Human and Peoples’ Rights, the senior advocate urged the commission to urgently intervene and refer the matter to the African Court on Human and Peoples’ Rights for binding judicial action.

Falana accused the South African government of failing to adequately protect foreign nationals from repeated violence, intimidation, discrimination, and attacks allegedly carried out by both civilians and security operatives.

According to the petition, the attacks are not isolated incidents but represent what he described as a “persistent, widespread and well-documented pattern of xenophobic violence” against Nigerians and other African migrants living in South Africa.

He alleged that the violence has resulted in killings, torture, arbitrary arrests, looting, destruction of businesses, forced displacement, and threats to personal safety and dignity.

The petition referenced the reported deaths of two Nigerians Amaramiro Emmanuel and Ekpenyong Andrew in separate incidents in April 2026 allegedly involving members of the South African National Defence Force.

Falana stated that Andrew reportedly died after being arrested in Pretoria following an altercation with law enforcement officials, while Emmanuel allegedly died from injuries inflicted by security personnel.

He said the incidents had intensified fears within the Nigerian community and raised concerns over the conduct and accountability of South African security agencies.

The human rights lawyer also pointed to fresh mob attacks against African migrants, saying videos circulated in May 2026 showed groups of South Africans assaulting Black foreign nationals and demanding they leave the country.

According to the petition, victims were beaten with sticks, harassed and subjected to degrading treatment amid rising anti-foreigner rhetoric.

Falana said incidents of xenophobic violence had been reported in Gauteng Province, Durban, Cape Town, East London, KwaZulu-Natal and Eastern Cape.

He added that diplomatic missions, including the Nigerian High Commission in South Africa, had issued security advisories warning citizens about planned protests and violent demonstrations targeting foreign nationals.

Falana further disclosed that more than 130 Nigerians had requested evacuation from South Africa due to fears over their safety, while other African countries including Ghana had also expressed concern about the welfare of their citizens.

The petition argued that the violence is being fuelled by entrenched hostility towards migrants, economic tensions, inflammatory rhetoric, and what he described as an inadequate state response.

Falana said women and children were particularly vulnerable to violence, exploitation and displacement during such attacks.

Recalling previous incidents, he noted that at least 127 Nigerians had reportedly been killed in xenophobic attacks in South Africa by 2019, leading to protests in Nigeria and diplomatic engagements between both countries.

He accused the South African government of repeatedly failing to prosecute perpetrators of xenophobic violence, thereby creating what he described as a climate of impunity.

Falana also criticised Cyril Ramaphosa for allegedly downplaying recent attacks despite earlier public condemnations of violence against foreign nationals.

The petition maintained that South Africa had violated several provisions of the African Charter, including rights relating to life, dignity, equality, liberty, movement, property ownership and family protection.

Falana urged the African Commission to conduct an independent investigation, declare South Africa in violation of its obligations under the charter, and refer the matter to the African Court on Human and Peoples’ Rights.

He also requested compensation and reparations for victims, guarantees against future violations, and structural reforms aimed at improving the protection of foreign nationals in South Africa.

In addition, the petition called on the South African government to strengthen accountability measures, stop incitement to xenophobic violence, and address the deeper socio-economic causes driving hostility toward migrants.

Falana said the case presents an important opportunity for Africa’s regional human rights institutions to reinforce their credibility through decisive intervention and enforceable judicial action.

TNAM
Edited By Egwu Patience Nnennaya