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Xenophobic attacks: Nigerian union may head to World Court

xenophobic-attack

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FEMI MAKINDE and TOBI AWORINDE

The President, Nigerian Union South Africa, Adetola Olubajo, has said the group may head to the International Court of Justice in The Hague, Netherlands, over the xenophobic attacks on foreign nationals, including Nigerians, in South Africa.

Olubajo, who spoke to SUNDAY PUNCH in a telephone interview, said they might file charges against the South African government in South Africa before heading to the ICJ if justice was not served.

He said, “The international law that is binding Nigeria, South Africa and all the (other African) countries should be invoked because this is happening time and again. It is not a one-off thing.

“But I would prefer that we start internally by testing it in the law courts of South Africa — the malicious damage of property and looting. If that doesn’t work, then we would head to the African Union and the ICJ.

“I don’t have any problem with that, seriously, because this thing (xenophobic attacks) has continued. If the attacks persist, then we will do what needs to be done.”

The Nigerian Mission in South Africa said although no Nigerian died in the latest attacks, over 50 vehicles and property worth millions of dollars owned by Nigerians were vandalised, burnt and stolen.

The Nigerian Consul General in Johannesburg, Mr Godwin Adama, said this while reacting to the xenophobic attacks on Nigerians and other foreigners in Pretoria and Johannesburg on August 28 and September 1.

The crisis resulted in the death of five foreigners, as well as the looting and burning of property.

At least 502 Nigerians have since been evacuated from South Africa in two batches.

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Meanwhile, a former Director-General of the Nigerian Institute of International Affairs, Prof Bola Akinterinwa, has said the details of the apology by South African President Cyril Ramaphosa to Nigeria should be made public.

Akinterinwa said this in an interview with one of our correspondents in Lagos on Friday. He suggested South Africa’s apology was not sincere.

He said while the envoys sent by Ramaphosa were in Nigeria apologising, South African authorities were preventing Nigerians who wanted to leave South Africa from doing so.

The foreign affairs expert said reparation was part of international diplomacy practice, adding that South Africa should pay compensation to victims of xenophobic attacks.

He said Ramaphosa’s apology alone was not enough for those whose family members were killed, injured and business owners whose property were stolen and burnt.

He said, “Apology in international diplomatic practice has a specific meaning. There is what is called the principle of reparation and it is synonymous with compensation. When a state accepts to pay compensation, it is accepting guilt for a wrong that was done. So, reparation can take the form of returning to what the situation was before the wrongdoing took place.

“In the absence of that, they talk about paying commensurate or adequate compensation. When you say commensurate, they are saying it may not be equal but at least it is fair. In the same way, adequate compensation is not enough but it shows fairness. The two words are used to suggest admission of wrongdoing prompting the need to apologise.

“Should the apology be accepted? That is the question, I will answer it by saying yes, it should be accepted and no, it should not be accepted.  There is a popular saying of forgiving and forgetting.

“What does the apology from South Africa entail? We need to know. We have not been told about the content of the apology. That is not how to apologise. They sent emissaries to Nigeria to apologise but that in itself is not enough. The apology must be expressed in the context of allaying the fears of Nigerians living in South Africa.

“What does the apology say about those who were killed? Also, when some Nigerians volunteered to come back and the government of Nigeria arranged laissez-passer for them. That is in the absence of the normally required passport, the High Commission of Nigerian arranged laissez-passer but which South Africa didn’t want to recognise, contrary to international diplomatic practice by asking them how they came to your country.

“You say you don’t want them and they are returning to their country, still you would not let them go. So, why are you creating a new challenge for them to leave South Africa?

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“As a matter of fact, they burnt their houses, what if their passports had been burnt, where do you want them to find them and how do you want them to go back? This apology does not make any meaning to me until the nitty-gritty of it is made public.

“Under no circumstances should the apology be in vain. By this, I mean there should be no recurrence of xenophobic attacks in that country and that is when the apology can be said to have been meaningful.”

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