The African Commission on Human and Peoples' Rights (ACHPR) has concluded that South Africa is not inherently xenophobic, despite recent incidents of violence and intimidation against foreigners. The commission, led by commissioner Solomon Ayele Dersso, visited South Africa from September 28 to October 2 and gathered information through meetings with government officials, independent institutions, civil society, and UN representatives. The visit followed months of protests and threats against foreigners, including a march in Johannesburg, Durban, and other cities on June 30.
The ACHPR's assessment noted that South Africa has experienced a resurgence of xenophobic and Afro-phobic attacks, resulting in loss of lives, destruction of property, and displacement of families. However, the commission rejected the notion that South Africa is unique in experiencing such incidents, citing similar events in other countries. The commission commended the South African government for its efforts to protect migrant rights and prevent intimidation, but also criticized the government for weak accountability and the actions of vigilantes blocking services.
The commission recommended that the South African government add an explicit human rights pillar to its migration plan, involving the South African Human Rights Commission. It also urged the government to strengthen the implementation of its national plan against xenophobia. Furthermore, the ACHPR called on African countries to share responsibility for migration, stating that ensuring the rights of migrants is not only the responsibility of receiving states but also those of sending states.
The visit and subsequent report were prompted by months of protests and threats against foreigners in South Africa. In May, Human Rights Watch warned that vigilantes were attacking African and Asian nationals, and there was an inadequate response from authorities. President Cyril Ramaphosa condemned the violence in a televised address on June 7, warning that groups were exploiting concerns over undocumented migration for political, personal, and criminal purposes.
The unrest prompted several countries, including Ghana, Nigeria, Malawi, and Mozambique, to repatriate citizens. Ghana also sought to have attacks on African nationals placed on the AU agenda, but its bid was not adopted by the executive council in July. South Africa argued that the meeting was the wrong forum and proposed a continental migration conference instead.
The South African government has acknowledged the challenges posed by undocumented migration and has expressed a commitment to addressing the root causes of migration. Chairperson of the interministerial committee on migration, Mmamoloko Kubayi, stated that the government's findings reinforce the need for continued collaboration between government, communities, civil society, regional bodies, and international partners to strengthen protection for all people residing within South Africa's borders.
The ACHPR's report and recommendations have been welcomed by the South African government, which has expressed a commitment to implementing the commission's suggestions. The government has also emphasized the need for a collective approach to addressing the challenges posed by migration, and has called on African countries to work together to find solutions to the crisis.
Key points
- The African Commission on Human and Peoples' Rights has rejected claims that South Africa is inherently xenophobic.
- The commission has recommended that the South African government add an explicit human rights pillar to its migration plan.
- The ACHPR has called on African countries to share responsibility for migration and ensure the rights of migrants.
