Falana urges Nigeria and Ghana to seek damages from South Africa over xenophobic attacks
via Punch Nigeria11 min read
Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has called on the governments of Nigeria and Ghana to initiate legal proceedings against South Africa before the African Court on Human and Peoples’ Rights. This action is urged in response to renewed xenophobic attacks targeting African migrants. Falana stated that reporting the matter to the African Union would be ineffective, as only the African Court has the legal authority to mandate compensation and other remedies for victims. His comments follow South Africa's reported rejection of Nigeria's request for compensation for its citizens who fled the country due to these attacks, abandoning businesses and properties. Falana criticized Pretoria's refusal to compensate victims, describing it as "sheer insensitivity," especially given South African authorities' justification that many affected migrants were residing illegally, a claim disputed by victims. He encouraged Nigeria, Ghana, and other African countries whose nationals have been affected to file a case at the African Court in Arusha, Tanzania, to seek provisional measures to halt further attacks and pray for aggravated damages against the South African government. Falana argued that the mass expulsion of African migrants violates Article 12 of the African Charter on Human and Peoples’ Rights. He also criticized South African President Ramaphosa's remarks urging migrants to comply with the country’s "laws and traditions," suggesting such rhetoric endorses
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