Falana Takes South Africa to African Rights Commission Over Xenophobic Attacks

• Seeks urgent referral over alleged systemic attacks

Human rights activist and lawyer Femi Falana, SAN, has filed a petition with the African Commission on Human and Peoples’ Rights concerning ongoing xenophobic attacks, killings, and alleged human rights violations against Nigerians and other African nationals in South Africa.

In the petition, filed under the African Charter on Human and Peoples’ Rights, Falana urges the Commission to intervene immediately and refer the case to the African Court on Human and Peoples’ Rights for binding adjudication.

The senior lawyer accuses the South African government of failing to protect foreign nationals from recurring violence, intimidation, and discrimination.

According to Falana, the attacks are not isolated incidents but represent a “systemic failure” by South African authorities to safeguard the rights and lives of African migrants.

He states that there remains “a persistent, widespread and well‑documented pattern of xenophobic violence, intimidation and discrimination against Nigerians and other African nationals in the Republic of South Africa.”

Falana alleges that the attacks have led to killings, physical assaults, arbitrary arrests, torture, looting, destruction of businesses, forced displacement, and sustained threats to life and personal security.

The petition cites recent incidents involving two Nigerians, Amaramiro Emmanuel and Ekpenyong Andrew, who reportedly died in April 2026 in separate incidents allegedly involving personnel of the South African National Defence Force.

Falana says 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 argues that the incidents shocked the Nigerian community and raised serious concerns over the conduct and accountability of South African security operatives.

Falana also draws attention to fresh mob attacks against African migrants, noting that videos circulated in May 2026 showed groups of South Africans assaulting Black foreign nationals, threatening them and demanding they leave the country.

The petition states that victims were beaten with sticks, harassed, and subjected to degrading treatment amid inflammatory anti‑foreigner rhetoric.

Falana reports that attacks have been recorded in Gauteng Province, Durban, Cape Town, East London, KwaZulu‑Natal, and the Eastern Cape.

He discloses that diplomatic missions, including the Nigerian High Commission in South Africa, have issued security advisories warning of planned protests and violent demonstrations targeting foreign nationals.

He adds that other African governments, such as Ghana, have also raised concerns over the safety of their citizens in South Africa.

According to Falana, more than 130 Nigerians have requested evacuation from South Africa due to fears for their safety.

The human rights activist says the violence occurs against a backdrop of entrenched hostility toward foreign nationals, fueled by public rhetoric, socio‑economic tensions, and an inadequate state response.

He notes that women and children are disproportionately affected, making them more vulnerable to violence, exploitation, and displacement.

Recalling previous incidents, Falana states that at least 127 Nigerians had been killed in xenophobic attacks in South Africa by 2019, leading to protests in Nigeria and diplomatic interventions between the two countries.

He accuses the South African government of consistently failing to prosecute perpetrators of xenophobic violence despite repeated attacks over the years.

Falana criticises President Cyril Ramaphosa for allegedly downplaying the attacks after previously condemning similar incidents in public hospitals where foreign nationals were reportedly forced out by violent groups.

Falana says that instead of taking decisive action against perpetrators, the South African government has continued to place responsibility on migrants to respect the country’s laws and customs.

The petition argues that South Africa has violated several provisions of the African Charter, including rights related to life, dignity, liberty, movement, equality before the law, property ownership, and family protection.

Falana maintains that South Africa has failed in its duty to prevent, investigate, and remedy abuses committed by both state and non‑state actors.

He says the government’s inaction has created a climate of impunity that emboldens perpetrators and perpetuates cycles of violence.

The senior lawyer urges the African Commission to find South Africa in violation of its obligations under the Charter and to conduct an independent investigation into the attacks.

He also requests that the Commission refer the matter to the African Court on Human and Peoples’ Rights pursuant to Rule 118 of its Rules of Procedure and Articles 5(1)(a) and 6(1) of the Court’s Protocol.

Falana asks the Court to order compensation and reparations for victims, guarantees of non‑repetition, and structural reforms aimed at protecting foreign nationals in South Africa.

He urges the Commission to invoke Article 58 of the African Charter by bringing the matter before the Assembly of Heads of State and Government of the African Union on the grounds that it involves “serious or massive violations” of human rights.

The petition also calls on the South African government to strengthen protection mechanisms for foreign nationals, ensure accountability for perpetrators, end incitement to xenophobic violence, and address the structural causes of discrimination and insecurity.

Falana says the case presents a critical opportunity for the African Commission to reinforce the credibility of regional human rights institutions through decisive intervention and binding judicial action.