The African Commission on Human and Peoples' Rights (ACHPR) has commended the South African government's efforts to control threats against foreign nationals, but expressed concern over the lack of accountability against groups and individuals involved in vigilantism. The ACHPR also criticized the slow pace of investigation and prosecution of acts of violence, including those that led to loss of life, injury, and destruction of property. This follows a wave of anti-immigrant protests in South Africa that targeted African foreign nationals earlier this year.
A diplomatic spat unfolded earlier this year between South Africa and Nigeria and Ghana, following the anti-immigrant protests. The two countries condemned the attacks as "Afrophobia" and pressed the AU to place the crisis on its summit agenda, but the proposal failed. The ACHPR's multi-national delegation, led by Commissioner Solomon Ayele Dersso, rejected any suggestion that South Africa is inherently xenophobic or Afro-phobic.
The ACHPR delegation visited South Africa on a five-day mission from September 28 to October 2 to discuss the state of human and peoples' rights in the country. The team met with government representatives, including National Assembly Speaker Thoko Didiza, heads of Chapter 9 institutions, civil society organisations, and the media. They also visited the Emthonjeni Youth Centre, a detention centre for juvenile offenders, and the Lindela repatriation centre.
The delegation commended the government's recognition of human rights issues arising from acts targeting foreign nationals, particularly those from other African States. They also praised the government's efforts to provide protection to and facilitation of support for those forced to flee. The ACHPR further commended the government for beefing up proactive law enforcement ahead of the June 30 deadline set by "vigilante actors".
The mission highlighted concerns about instances of politicisation of legitimate grievances of South Africans, which can lead to the scapegoating of non-nationals. The ACHPR noted the emergence of acts of seemingly financed and politicised vigilantism, with actors and individuals purporting to enforce the law by demanding identification of nationality and blocking access to services.
The ACHPR called on the government to add adherence to human rights and the principles of dignity and non-discrimination to the five-point plan on migration. They also recommended the representation of the South African Human Rights Commission in the deliberation and design of measures by the Inter-Ministerial Committee on Migration. President Cyril Ramaphosa announced the five-point plan in June to tackle irregular immigration and address public frustrations.
The five-point plan aims to manage migration, strengthen government systems, and address public frustrations while warning against vigilantism and xenophobia. The plan follows rising public tensions, protests, and community frustration over high unemployment, poverty, and illegal immigration. The ACHPR's visit and recommendations aim to promote and protect human and peoples' rights in South Africa.
Key points
- The African Union's human rights body has rejected claims that South Africa is inherently xenophobic or Afrophobic.
- The ACHPR commended the government's efforts to control threats against foreign nationals but expressed concern over the lack of accountability against groups and individuals involved in vigilantism.
- The ACHPR recommended that the government add adherence to human rights and the principles of dignity and non-discrimination to the five-point plan on migration.
