The African Union's human rights body rejected claims that South Africa is inherently xenophobic, despite the resurgence of anti-foreigner sentiment in the country this year.
Although the African Commission on Human and Peoples' Rights (ACHPR) commended the government's efforts to curb threats against foreign nationals, it condemned the lack of accountability for groups and individuals involved in vigilantism, as well as their sponsors. Furthermore, the commission noted the slow pace of investigation and prosecution of acts of violence, including cases of death, injury, property destruction, and loss of livelihoods.
Earlier this year, a diplomatic conflict arose following a wave of protests against immigrants in South Africa targeting African foreigners. These events prompted mass evacuations and sharp statements from Nigeria and Ghana. Both countries not only condemned the attacks as 'Afrophobia' but also insisted on including this crisis in the AU summit agenda, though this proposal was not adopted.
This week, an ACHPR multinational delegation led by Commissioner Solomon Aile Desso dismissed any notion that South Africa is inherently xenophobic, Afrophobic, or unique in experiencing incidents of xenophobia or Afrophobia.
The delegation also refuted the idea of 'a recurrence in 2026 of similar incidents of xenophobic and Afrophobic attacks from previous years, which particularly affected citizens of other African states in South Africa, taking the form of anti-immigrant protests and public mobilization, acts of violence, intimidation, and discrimination leading to deaths, destruction of property and livelihoods, family separation, and displacement.'
The delegation was in South Africa for five days, from September 28 to October 2, to discuss the state of human rights and peoples in the country, including current issues such as reports of xenophobic and Afrophobic violence and acts of intimidation against foreign nationals, especially citizens of other African states in South Africa.
During its work, the team met with government representatives, including National Assembly Speaker Thoko Didizulu, leaders of Chapter 9 institutions, civil society organizations, media, and other stakeholders involved in promoting and protecting human rights and peoples in the country. The delegation also visited the Emtonjeni Youth Centre, a detention center for juvenile offenders, and the Lindela repatriation centre.
It was noted that the government acknowledged human rights issues arising from various actions against foreign nationals, especially those from other African states, including anti-foreigner protests, acts of violence, intimidation, and discrimination against foreigners, as well as the emergence of vigilantism claiming to enforce immigration laws and prevent access to essential services.
The delegation also praised the government for ensuring protection and facilitating support for those forced to flee. Additionally, the strengthening of proactive law enforcement by the government, undertaken before the June 30 deadline set by 'vigilante actors,' was noted. The recent adoption of the five-pillar plan announced by President Cyril Ramaphosa was highly valued as a comprehensive approach to migration management.
However, the mission identified concerns regarding 'incidents of politicization of legitimate South African complaints about poor access to services and employment opportunities and small business functioning, leading to the blaming of non-citizens who, in informal settlements and marginalized areas where many citizens of other African states reside, provoke mobilization and attacks.'
The emergence of seemingly financed and politicized vigilantism involving actors and individuals outside law enforcement agencies, who claim to enforce the law by demanding proof of nationality and blocking access to services, particularly healthcare and education, for those suspected of not being citizens, undermining the rule of law, was observed.
The delegation urged the government to incorporate human rights and principles of dignity and non-discrimination as a separate pillar in the five-pillar migration plan and to ensure the participation of the South African Human Rights Commission in the discussion, development, and implementation of measures by the Interdepartmental Migration Committee.