The recent waves of xenophobic attacks against Nigerians and other black Africans in South Africa as well as reprisal on South African owned businesses in Nigeria opened another diplomatic row between Nigeria and the South Africa with many advocating for lasting solution to the recurring attacks, KEHINDE OSASONA writes.
The widespread killings of Nigerians and other nationals in South Africa came to the fore again with recent xenophobic attacks, allegedly motivated by South African politicians, leading to loss of lives and property.
Unlike previous attack the recent spate of xenophobic attack has been wide spread and is widely believed to not only have the backing of political players but the government of the day in the South Africa.
These attacks have led to diplomatic rows between Nigeria government and South Africa on one hand and South Africa against the rest of the world as the attacks have been roundly condemned. Over the years, Nigerians had come under series of attacks by South Africans with many killed and property worth millions lost in such attacks.
Surprisingly, Nigeria also known as the ‘big brother’ was at the forefront of efforts to liberate South Africa from Apartheid hence the idea that the country would turn against Nigeria and its citizens has continued to receive condemnation.
Reports have it that the latest incident cost the lives of not only Nigerians but also that of other nationals just as businesses and shops belonging to Nigerians and other nationals were destroyed.
Similarly, like previous attacks, the recent ones also led to reprisals on South African businesses in Nigeria, not only that it has also triggered diplomatic crisis between the two countries. Consequently, Nigeria and other affected countries had pulled out of the World Economic Summit which held in Cape Town, just as Nigeria sent a special envoy to the country and recalled its High Commissioner Kabiru Bala.
Nigeria’s Foreign Affairs Ministry also waded into the matter in the bid to ensure the safety of lives and property of Nigerians in the country by liaising with the High Commission of Nigeria in Pretoria and the Consulate-General of Nigeria in Johannesburg.
Confirmation, denial
While the attacks raged the South Africa’s Defence Minister Nosiviwe Mapisa-Nqakula confirmed the attacks against foreigners in South Africa, however, he claimed they were planned by criminals. He further claimed that government can’t prevent it and would not pay damages for damage done.
Mapisa-Nqakula, who said this in an interview with a local channel, described South Africa as an angry nation and insisted that the government can’t prevent the ongoing violence. She said, “The reality is that we have an angry nation. What’s happening can never be prevented by any government.”
According to her, the death of two people during a clash in Johannesburg CBD on September 8, could have been avoided but that it was well orchestrated by criminal elements.
She however, said the xenophobic attacks were not politically motivated. “People are saying it is xenophobic attacks but it is not the first time we have had them in the past; here, we have criminals that have read the situation and are aware that we have challenges right now.
“We have talked on the issues of high rate of unemployment, of some foreign nationals who are not conducting themselves in an appropriate manner as we would expect, those breaking the by-laws of the country, and you now have criminal elements who have decided that we are going to use all of those things to find reasons to attack people,” she added.
Backlash
The reaction of the South African minister, however, generated fuss among Nigerians, who wondered why mostly Nigerians were singled out for criticisms and attacks over unsubstantiated allegations bordering on drugs dealing and other criminal activities.
Meanwhile, the ruling All Progressives Congress has hit hard on the South African government over attacks on Nigerians in the country. Expressing the party’s concern over the unfortunate incidence, APC national chairman Adams Oshiomhole accused the South African government of backing the xenophobic attacks on Nigerians and other Africans in the country.
According to Oshiomhole, the ruling party has now given the needed support base for President Muhamadu Buhari to go on the offensive in order to sound a note of warning to other African countries who may want to copy the antics of the South Africans.
He said: “We have discussed the attacks on foreigners in South Africa, particularly blacks, who are predominantly Nigerians. Having listened to all the explanations from the authority in South Africa, we have come to the conclusion that these people are not being accused of being illegal immigrants nor are they involved in any illegal activities,”
Reps tackle S/Africa on compensation
Reacting in the same vein, the House of Representatives condemned the government of South Africa over its stand on paying compensation to the victims of the xenophobic attack. Speaking to journalists in Abuja, the Speaker House of Representatives Femi Gbajabiamila said, “We will obtain, by whatever means available, due restoration and recompense for all that has been lost in this latest conflagration and all the ones that have come before.
“Let no one be left in any doubt, we will seek and we will obtain by whatever means available, due restoration and recompense for all that has been lost in this latest conflagration and all the ones that have come before.
“We are committed to a sustained and special effort to see that the ends of justice are met for all our people who have suffered.
“We have heard the cries of our citizens and we have witnessed their devastation. We will mourn for the dead and cry for the lost, but we will not stop there.”
He said that there ought to be urgency for demanding nothing less than total commitment to revoking the old arrangements that had made such abominations against Nigerians possible.
Nigeria, he said, had demonstrated its commitment to the brotherhood of nations, sacrificing life, labour and wealth to achieve peace and restore freedom from Sierra Leone to Liberia, Sao Tome to South Africa.
The Speaker further said that Nigeria’s commitment had always been to the advancement of Africa, freedom in all lands and prosperity for all African peoples.
He added: “Yet today and too many a time, we are called to stand as pallbearers, bringing home to burial the bodies of our brothers and sisters, fathers and mothers, our children, savaged and decimated.
“What is their offence? That they dared to dream of glory and profit beyond our borders, and having dreamt, they endeavoured to make real the visions of their heart. We did not provoke, nor do we deserve the violence that has been visited on our people in South Africa.
“We reject entirely the obvious attempt to change the true narrative of events by casting the recently organized acts of violence as merely internecine conflict between gangs fighting for turf.
“Unless it is the position of South African government that all Nigerians living in South Africa are gangsters and criminals, we demand that they reject these claims without equivocation.”
The Speaker said that those who are tempted to respond to the latest incidents with violence and destruction in communities should resist such temptation.
“We will honour the lives of our fallen brothers by making sure that never again will our citizens’ inalienable right to life and liberty be so wantonly denied here at home or anywhere else in the world.
“We will honour the sacrifice of the fallen by devoting ourselves once more to a covenant of service to one another, certain in the knowledge that our greatest protection against such harms is peace, progress and prosperity in the homeland,” the speaker added.
SERAP begins legal action
Not satisfied with the diplomatic efforts to resolve the issue the Socio-Economic Rights and Accountability Project (SERAP) requested the Chairperson African Commission on Human and Peoples’ Rights Mrs Soyata Maiga to file a case on the escalating xenophobic attacks against Nigerians and other African citizens in South Africa before the African Court on Human and Peoples’ Rights.
The Nigerian government was also said to be exploring legal action against South Africa government by dragging her to Arusha court in Tanzania.
The legal option to seek justice for her citizens in South Africa was predicated on Nigeria’s ratification of the Protocol to the African Charter on Human and Peoples Rights on the establishment of an African Court on Human and Peoples Rights.
Although, the Attorney General of the Federation and Minister of Justice Mallam Abubakar Malami (SAN) declined comment on the legal move by Nigeria against South Africa, the repeated incidences of killings, maiming and destruction of property of Nigerians and Africans by extension may have informed Nigeria’s move to exercise its duty under International law to protect the rights of its citizens in the Diaspora.
Effective remedy, reparation
Pursuing the case before the African Court and seeking adequate compensation in the sum of $10 billion (USD), according to SERAP, would ensure justice to the victims and deter South African authorities and high-ranking public officials, who incite hatred, violence and discrimination.
SERAP’s request, which was contained in an open letter dated September 6, and signed by SERAP deputy director Kolawole Oluwadare, indicated that xenophobic attacks constitute serious violations of the human rights of Nigerians and other African citizens in South Africa.
The organization 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.”
According to SERAP, that amount would sufficiently take into account individual harm suffered by victims.
“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”, SERAP stated further.
Will justice be served?
On Nigeria and SERAP should go ahead with the litigation, an Abuja-based legal practitioner Chekwube Ebubealor said that SERAP as an NGO has rights to sue the South Africa government at the African Union Court, which South Africa is a member nation.
Explaining further, he said, “The damages will serve as a detriment to South Africa government for its non-challant attitude towards the stoppage of xenophobic attacks on foreigners in their country.”
On his part, another legal practitioner Adamu Mohammed said beyond compensation there was need to put an end to such attacks in South Africa and another country.
“… even if SERAP succeeds in getting monetary compensation for victims of the recent xenophobic attacks in South Africa, it may not be enough to check they trend. Beyond compensations there is need for collective effort and commitment on the part of governments of African countries to ensure eradication of hate-motivated violence in whatever guise.”
