Addressing the Emerging Issues of Xenophobic Attack and Human Rights Violations in South Africa: Adopting a Human Rights-Based Approach

Authors

  • Hilary Nwaechefu Redeemer's University, Ede, Nigeria
  • Nnawulezi Uche Alex Ekwueme Federal University Ndufu-Alike Ikwo
  • Mary-Ann O. Ajayi Bowen University
  • Ogah Chinyere Constance Ebonyi State University

DOI:

https://doi.org/10.17561/tahrj.v21.7806

Keywords:

Xenophobic Attack, Human Rights, South African, International Instruments

Abstract

Human Rights abuses in South Africa occasioned by xenophobic attacks in South Africa had occurred intermittently for over a decade despite the hue and cry against xenophobia. Driven primarily by efforts to protect human life and overcome the challenges of xenophobia, some international human rights organisations expressed their views on the curtailment of human rights abuses perpetrated in South Africa. Contextually, South- Africa has notable human rights organisations, yet human rights abuses happen through xenophobic attacks in some parts of the country. The primary objective of this paper is to identify human rights challenges brought about by xenophobic attacks, including the right to human dignity and the right to life. This methodology adopted in this paper included reference to statutes, internet sources, and newspaper publications. This paper finds, amongst others, that despite the United Nations conventions and other international laws guaranteeing the human rights of all persons, the South African government appeared overwhelmed by the xenophobic attacks in dealing with the situation. This paper made useful recommendations towards preventing future xenophobic attacks and avoiding human rights violations.

Author Biography

Hilary Nwaechefu, Redeemer's University, Ede, Nigeria

Lecturer, Faculty of Law,

Redeemer's University, Ede, Nigeria

 

References

AKINOLA, A.O (2018), “Introduction: Understanding Xenophobia in Africa”. Advances in African Economic, Social and Political Development, in Adeoye, O. O (ed) The Political Economy of Xenophobia in Africa, pp. 1–7. https://doi.org/10.1007/978-3-319-64897-2_1

BRYAN, B.A (2004), Blacks Law Dictionary (9 ed.) United States of America: Thompson Reuters.

DUROSOMI, A (2019), “Zambian Hot FM Banned the Playing of South-African Music”, Sunday Tribune Newspaper, Ibadan 5th September.

DU TOIT, L (2014), Human Rights Discourse: Friend and Foes of African Women’s Sexual Freedoms, 46 Acta Academy, 4, p.46–69.

FAGBADEBO, O & RUFFIN, F (2018), “From Hate to Love: Black South African and Xenophobia Project”. Advances in African Economic, Social and Political Development in Adeoye, O (Ed.) The Political Economy of Xenophobia in Africa, pp. 109–124. https://doi.org/10.1007/978-3-319-64897-2_9

GORDON, S.L. (2017), Subjective National Well-being and Xenophobia in Sub-Saharan Africa: Results and Lessons from South Africa. https://doi.org/10.1007/978-3-319-55408-2_5

KALUBA, A (2016), Zambia: Tackling Xenophobia in Zambia, Times of Zambia, p.5.

KEET, A (2010), Human Rights Education: A Conceptual Analysis- Saarbrucken, Germany: Lambert Academic Publishers.

KNOWLES, D.R (2003), Political Philosophy in Shand, J (ed.) Fundamentals of Philosophy, London: Routledge, pp. 326–50.

TEVERA, D (2013), African Migrants, Xenophobia and Urban Violence in Post-Aparthied South Africa. Alternation, 9–26.

International and Regional Treaties/Conventions

African Charter on Human and People’s Rights 1981.

Constitution of South Africa 1996.

Constitution of the Federal Republic of Nigeria 1999 (as amended).

United Nations General Assembly, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984, U.N.T.S, Vol. 1465

Convention on the Elimination of All Forms of Discrimination against Women (adopted by the UNGA in 1979).

Convention on the Rights of the Child 1989.

Human Rights Watch Report 2020

United Nations General Assembly, Convention on Elimination of All Forms of Racial Discrimination, 21 December 1965, U.N.T.S, Vol.660, p. 195.

International Covenant on Civil and Political Rights (adopted by the UNGA on 16th December 1966 and entered into force on 23rd March 1976).

International Covenant on Economic, Social and Cultural Rights (adopted by the UNGA on 16th December 1966 and entered into force on 3rd January 1976).

Universal Declaration of Human Rights (adopted December 1948)

Case Laws

Alhaji Abibatu Mogaji & Ors v. Board of Customs and Exercise & Anor (1982)3NCLR 552, 562.

Fawehinmi v. Sanni Abacha & Ors (1996)9NWLR (pt.475)710 (CA).

Ngomane v. City of Johannesburg Metropolitan Municipality (2019)3 ALL SA (SGA).

S v. Makwanyane (1995) ZACC 3, 195 (6)BCLR 665.

Newspaper Reports

“The Xenophobic Attack Were Targeted at Non-white Foreigners but Directed at Citizens of Malawi, Zambia, Zimbabwe and Nigeria as well as Asian and Arab Nationals”. New Telegraph (Lagos 11th September 2019)

“The Vice-Chancellor of the University of Johannesburg Professor Tshilidzi Marwala Condemned the Looting of Shops and Assault on Foreigners”. The Guardian (Lagos 15th September 2019)

IROANUSI, E. Q. “640 Nigerians Registered for a Voluntary Return Home” Guardian Newspaper (Lagos 10th September 2019).

MAKHAYA, E. “Zambia Football Association Cancelled the Friendly Match with South Africa” Available at: <https://www.pulse.com.gh>

NUHU, S. “President Muhamadu Buhari sentan Envoy to South African President Cyril Ramaphosa Reminding him of International Responsibility of Protecting Lives and Properties of Foreigners Living in his Country” (Lagos, 4th September, 2019)

Published

2023-09-18

How to Cite

Nwaechefu, H., Uche, N. ., Ajayi, M.-A. O., & Constance, O. C. (2023). Addressing the Emerging Issues of Xenophobic Attack and Human Rights Violations in South Africa: Adopting a Human Rights-Based Approach. The Age of Human Rights Journal, (21), e7806. https://doi.org/10.17561/tahrj.v21.7806

Issue

Section

ARTICLES