oples’ Rights and the commission’s members requesting them: “to urgently submit a case on the escalating xenophobic attacks against Nigerians and other African citizens in South Africa to the African Court on Human and Peoples’ Rights and to seek an effective remedy and reparation for Nigerian victims.”
The organization noted that: “For the sake of the victims, the commission should move swiftly on the matter to prevent further harm to Nigerians and other foreign nationals in the country. Unlike for individuals and NGOs, the African Court Protocol does not require Nigeria to have made the declaration under Article 34 for the commission to submit a case on behalf of the Nigerian victims before the Court.
“Pushing for payment of $10 billion compensation for Nigerian victims of xenophobic attacks and violence can demonstrate that the days of impunity for these crimes are gone. “SERAP notes that the African Commission has condemned the xenophobic attacks and violence, noting that ‘the attacks not only constitute possible violations of the African Charter on Human and Peoples’ Rights but are also contrary to the principles and ideals of African solidarity cherished in the African Charter.’
“Prior to the outbreak of the current xenophobic violence and attacks against Nigerians, the government of South Africa was failing to protect the human rights of foreign nationals in the country. Particular human rights concerns include restriction of the right to freedom of movement, violation of the right to life, equality, dignity and the security of their person and property as enshrined under Articles 3, 4, 5, 12 and 14 of the African Charter.
“The commission should also draw the attention of the Assembly of Heads of State and Government of the African Union to the xenophobic attacks and violence since they reveal the existence of a series of serious or massive violations of human and peoples’ rights, as provided under Article 58 of the African Charter on Human and Peoples’ Rights.