Xenophobic attacks: SERAP asks African commission to take South Africa to court, seeks $10bn compensation for victims

The 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 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.

In the open letter dated 6 September 2019 and signed by SERAP’s deputy director, Kolawole Oluwadare, the organization said these attacks constitute serious violations of the human rights of Nigerians and other African citizens in South Africa.

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.”

“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 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.