Xenophobia: SERAP asks African Commission to sue S’Africa $10bn

Socio-Economic Rights and Accountability Project (SERAP) has requested the African Commission on Human and Peoples’ Rights to sue South Africa at the African Court on Human and Peoples’ Rights and demand $10bn damages as an effective remedy and reparation for Nigerian victims.

SERAP, in an open letter to Chairperson of the African Commission on Human and Peoples’ Rights, Mrs Soyata Maiga, said the action should be instituted urgently not only to stem the crisis in South Africa but also because “these 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.

“This amount will sufficiently take into account individual harm suffered by victims.”

In the open letter dated 6 September 2019 and signed by SERAP Deputy Director, Kolawole Oluwadare, 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.”

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.”

The open letter reads in part: “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.’”

“It is now time for the commission to move beyond mere resolutions and statements. 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.”

 “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.”

“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,” the statement added.

Leave a Reply