Falana Writes Zuma, Asks Him to Identify, Arrest Persons Behind Xenophobic Attacks

A human rights activist, Mr. Femi Falana, yesterday asked the President of South Africa, Mr. Jacob Zuma, to identify suspected perpetrators of criminal acts and xenophobic attacks against Nigerians and other Africans living in South Africa and bring them to justice promptly.

Falana, a Senior Advocate of Nigeria (SAN), also asked the South African president to use his good office to promote and ensure access to justice and the right to effective remedy and reparations to victims.

He made the demands in a letter he addressed to Zuma yesterday, lamenting that xenophobic violence and other criminal acts, which he said had been recurring in his country since 2008.

Falana also lamented that the criminal acts continued to occur in South Africa claiming lives, displacing tens of thousands of people and leaving countless victims injured and robbing them of their property.

Although some arrests had reportedly been made, the human rights activist noted that many perpetrators “are yet to be brought to justice while the victims continue to be denied access to justice and their internationally recognized right to an effective remedy and reparations.”

He, thus, said the authorities had failed “to bring perpetrators to justice and protect the victims of the xenophobic attacks that have resulted in a vicious cycle of attacks and impunity. The xenophobic attacks and violence are not only human rights violations, but also criminal acts.”

He added that the persistent failure to proactively address the problems “is a serious affront to the rule of law, and directly breaches South African Government’s international human rights obligations including under the African Charter on Human and Peoples’ Rights, particularly Article 12 on the right to movement.

“We contend that free movement is crucial for the protection and promotion of human rights and fundamental freedoms. Freedom of movement and residence are two sides of the same coin.

“Article 12 of African Charter guarantees freedom of movement in the broadest sense, and also expressly prohibits mass expulsion, a recurring problem in South Africa under your watch.

“We also argue that the exercise of sovereign power by a state to expel non-nationals who are legally admitted into its territory must follow due process, and be manifestly legal and comply with international standards.”

He, therefore, cited Article 12 of African Charter, which he said, imposed an obligation on the Government of South Africa “to secure the rights protected in the Charter to all persons including Nigerians and other Africans within the country’s jurisdiction.

The senior advocate noted that such obligation “is breached when victims are denied the opportunity to be heard regarding the decision to expel them, either prior to or after their expulsion.”

He urged the Government of South Africa “to move swiftly to address the debilitating situation by identifying and arresting the perpetrators and bringing them to justice promptly.”

Falana also urged the South African authorities “to publicly commit to providing access to justice and effective remedy to victims. Effectively prosecuting the perpetrators and providing reparations to victims would serve as a deterrent to future attacks.

The human rights activist demanded that the South African authorities should put measures in place to proactively protect non-nationals including Nigerians living in South Africa.

He, thus, warned that if the xenophobic attacks continued unabated, he would be compelled to drag the Government of South Africa “to the African Commission on Human and Peoples’ Rights for appropriate legal redress.”