Xenophobia in South Africa is a pressing issue that breaches the equality and dignity guarantees of the country’s own constitution and the African Charter on Human and Peoples’ Rights. At its core, xenophobia represents hostility towards foreigners, often expressed through violence, discrimination, and exclusionary rhetoric. These attacks have disproportionately targeted migrants from other African nations, undermining the ideals of Pan-Africanism and solidarity that sustained South Africa during its darkest moments of the apartheid regime.
South Africa’s liberation struggle was not fought in isolation. The apartheid regime was opposed by the wider African continent. Ghana, under its first president, Kwame Nkrumah, was among the first nations to provide support.
In 1964, South African parties such as the African National Congress (ANC) and Pan-Africanist Congress (PAC) were represented in Accra, Ghana’s capital city. Each party was granted an office, accommodation, and allowances. Ghana also provided members of these liberation movements training at the Kwame Nkrumah Institute of Economics and Political Science (KNIEPS) and invited them to the “new year school” held in Accra at the Institute of Public Education, which was provided by the government.
Mobs in South Africa have looted foreign-owned shops, forced migrants out of townships and displaced tens of thousands of African nationals, conduct that breaches the equality and dignity guarantees of the country’s own constitution and the African Charter on Human and Peoples’ Rights, and that repudiates the Pan-African solidarity that sustained the anti-apartheid struggle.
Related: Ghana Court Upholds Suspension of Chief Justice
South Africa’s obligations under international law are clear. The International Covenant on Civil and Political Rights (ICCPR) obligates States to safeguard all persons within their territory, regardless of nationality.
The African Charter on Human and Peoples’ Rights explicitly guarantees non-discrimination and equal protection. Xenophobia directly threatens the Southern African Development Community (SADC) Protocol on the Facilitation of Movement of Persons and its goals of free movement and unity.
In practice, this development means that migrants and refugees will continue to face significant challenges in accessing basic human rights, such as education, healthcare, and employment, unless the South African government takes concrete steps to address the root causes of xenophobia and ensure that the rights of all individuals, regardless of nationality, are protected.
Ghana expressed deep concern over the recurrence of violent incidents targeting African nationals in South Africa. The communication states that such attacks have led to loss of life, destruction of investments, and ongoing threats to the safety of African migrants.
Related: Autonomous Weapons Outrunning Law That Governs Them
Ghana’s diplomatic move signals a push for collective responsibility within the AU to confront xenophobia as a continental challenge, not merely a domestic issue. The petition has gained backing from the Economic Community of West African States (ECOWAS), and Ghana has partnered with Nigeria for a united continental response.
Two Ghanaian nationals have submitted a communication to the International Criminal Court (ICC) prosecutor to open a preliminary examination into attacks against foreign nationals in South Africa, which they said constitute crimes against humanity.
The African Commission on Human and Peoples’ Rights has strongly condemned recent xenophobic attacks and vigilante actions in South Africa, stressing that such violence against nationals of other African countries gravely violates the African Charter on Human and Peoples’ Rights.
The African Union Commission Chairperson confirmed that the AU will formally address xenophobic violence in South Africa, calling the human cost “terrible.”
Related: Supreme Court to Rule on DHS Green Card Rule
The persistence of xenophobic attacks reflects systemic failures, including weak enforcement by law enforcement agencies, which sometimes fail to intervene or protect victims, and erosion of trust in legal institutions among migrants, who feel abandoned by the state.
For Africa to uphold the rule of law, offenders must be prosecuted, victims compensated, and equal protection to both South African nationals and foreign nationals must be guaranteed. South Africa must demonstrate commitment to justice, not only to restore trust but also honour its obligations under international law.
They must take concrete steps to address the root causes of xenophobia.
It is a matter of urgency.
