South Africa and Nigeria: Treatment of Nigerians in South Africa by society and authorities, including instances of violence; state protection (2015-January 2019)
For statistics on the Nigerian population in South Africa and information on treatment by society and authorities of black Africans of foreign origin, including Nigerians, see Response to Information Request ZAF106092 of April 2018.
1. Treatment of Nigerians by Society
Sources indicate that Nigerians living in South Africa are victims of "xenophobic attacks" (Vanguard 18 May 2018; Panapress 23 Feb. 2017; The Punch 10 Jan. 2017). Amnesty International states that "[t]en years after an outbreak of horrific xenophobic violence claimed 60 lives in South Africa, refugees and migrants are still facing daily discrimination and living in constant fear of physical attacks" (Amnesty International 11 May 2018).
The Armed Conflict Location & Event Data Project (ACLED) [1] reported the following in 2017:
While the rise in xenophobia and related demonstrations and attacks is disheartening, there have also been instances of support for immigrants in South Africa. On March 4, just over 100 people joined a march through the Cape Town city center, carrying placards that read: "We stand united against xenophobia” and “Refugees and immigrants need to be protected." (ACLED Mar. 2017, 7)
An article by the South African daily newspaper The Citizen similarly reports about "anti-xenophobia" marches organized by local groups fighting xenophobia (The Citizen 28 Mar. 2017).
1.1 Violence
Sources report that Nigerians, along with other African immigrants or "black foreigners," were the targets of xenophobic attacks in April 2015 (Ireland 20 Oct. 2016, 4; VOA 21 Apr. 2015). Human Rights Watch reports the following:
In April 2015, thousands of people looted foreign-owned shops and attacked non-South African nationals in Durban, KwaZulu-Natal province. The targets of the widespread violence were immigrants of African origin, mostly from Zimbabwe, Nigeria, the Democratic Republic [of the Congo], Mozambique, Malawi, and Somalia. (Human Rights Watch 5 May 2017)
According to an excerpt quoted by Ireland's Refugee Documentation Centre, the Nigerian newspaper The Sun reported that the "attacks" took place over several days, beginning in Durban and later spreading in other cities (Ireland 20 Oct. 2016, 4). The Sun also reportedly mentioned that "'[s]hops and other property owned by foreigners, including Nigerians, were destroyed in the coordinated onslaught'" (Ireland 20 Oct. 2016, 4).
Sources indicate that there was a resurgence of xenophobic violence in Johannesburg and Pretoria in early 2017 (Freedom House 5 Jan. 2018, Sec. F4; US 20 Apr. 2018, 16). According to the US Department of State's Country Reports on Human Rights Practices for 2017, "[x]enophobic violence occurred against foreign nationals running small, informal grocery stores known as spaza shops in townships and informal settlements" and in February 2017, 42 shops of foreign nationals or immigrants were looted and burned by South Africans in suburbs of Pretoria and Johannesburg, such as Rosettenville (US 20 Apr. 2018, 17). The same source also states the following:
Xenophobic attacks on foreign African migrants and ethnic minorities occurred and sometimes resulted in death, injury, and displacement. Incidents of xenophobic violence generally were concentrated in areas characterized by poverty and lack of services. Citizens blamed immigrants for increased crime and the loss of jobs and housing. (US 20 Apr. 2018, 30)
Media sources report that Nigerians were among the foreigners targeted in the xenophobic attacks in Pretoria and Johannesburg in February 2017 (The New York Times 24 Feb. 2017; Panapress 23 Feb. 2017). Some sources state that residents set fire to houses belonging or thought to be belonging to Nigerians in Rosettenville, suspecting they were being used as drug dens and brothels (The Citizen 28 Mar. 2017; The New York Times 24 Feb. 2017).
Sources indicate that Nigerians or foreign nationals were attacked and their properties were burned in Rustenburg in January 2018 (Vanguard with NAN 11 Jan. 2018; News24 10 Jan. 2018). In October 2018, according to sources, [approximately ten (Vanguard 23 Oct. 2018)] Nigerian-owned shops were burned in Johannesburg (The Sowetan 23 Oct. 2018; Vanguard 23 Oct. 2018).
The Nigerian newspaper Business Day states that "attacks of Nigerians and other foreigners are mostly common in Gauteng, Limpopo, Western Cape, Kwa[Z]ulu Natal and [F]ree State" (Business Day 25 May 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The South African CAJ News Agency published an article about Nigerians in South Africa fearing the approach of the 2019 elections, as previous elections had been characterized by "scapegoating of foreign nationals" (CAJ News Agency 6 Apr. 2018). The article further states that
South Afric[a]-based Nigerian entrepreneur, Okoro Okonkwo, said fear was also gripping his compatriots living in the Southern African country ahead of polls. …
"Some of us are presently living in numbers, or rent full houses as Nigerian nationals in communities to avoid being attacked individually. Living in numbers enables us to defend ourselves." (CAJ News Agency 6 Apr. 2018)
Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
1.2 Killings
Media sources report that in April 2018, a Nigerian man, Clement Nwaogu, was burned to death by a mob in Rustenburg (Premium Times 24 Apr. 2018; BBC 23 Apr. 2018). Citing the Nigerian government, media sources also report that two Nigerian men, Francis Ochuba and Chidi Ibebuike, were killed in South Africa in May 2018 (The Punch 24 May 2018; Daily Trust 23 May 2018). The News Agency of Nigeria (NAN) indicates that other Nigerian men were killed in violent attacks by unknown assailants in South Africa in July 2018: Martin Ebuzoeme in Johannesburg on 12 July and Ozumba Tochukwu-Lawrence in Mpumalanga on 6 July (NAN 15 July 2018).
In an article on attacks against Nigerians in South Africa, the Nigerian newspaper Vanguard reported the following:
[O]ne Nigerian is killed weekly as a result of xenophobic attacks in the country.
The figure is the outcome of a breakdown of the number of people[] reported killed between 2016 and 2017 in an earlier statement by the Federal Government [of Nigeria].
The government had reported that 116 people were killed in South Africa in two years. (Vanguard 18 May 2018)
Business Day similarly states that "[i]n the last two years over 100 Nigerians have been killed as a result of [x]enophobic attacks by South Africans" (Business Day 25 May 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
2. Treatment of Nigerians by Authorities
Amnesty International indicates that "[i]n some cases, xenophobia has been fuelled by the hate-filled rhetoric of South African authorities," citing the December 2016 example of the City of Johannesburg's Executive Mayor, Herman Mashaba, who reportedly "labelled foreign nationals living in Johannesburg as 'criminals' who hijacked the city" and "blamed them for the high levels of crime" (Amnesty International 11 May 2018). The South African newspaper The Sowetan indicated in February 2017 that "Home Affairs Minister Malusi Gigaba … sought to dispel assertions that xenophobia fuelled the Rosettenville attacks" against Nigerians, saying that "[r]esidents … simply rose up against crime" (The Sowetan 24 Feb. 2017). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
However, according to the New York Times, then-president Jacob Zuma condemned the Rosettenville attacks against Nigerians and stated: "'It is wrong to brandish all non-nationals as drug dealers or human traffickers … Let us isolate those who commit such crimes and work with government to have them arrested, without stereotyping and causing harm to innocent people'" (The New York Times 24 Feb. 2017). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Amnesty International also reports the following:
In July [2017] the [South African Human Rights Commission (SAHRC)] strongly condemned comments made by the Deputy Police Minister as "irresponsible” and "xenophobic," after he said that most foreign nationals in Johannesburg were engaged in various crimes. (Amnesty International 22 Feb. 2018)
According to sources, during a state visit to Nigeria in July 2018, President Cyril Ramaphosa assured Nigerian officials that he was taking action to protect Nigerians and foreigners against attacks (Mail and Guardian Online 12 July 2018; The Sun 12 July 2018). According to the Sun, he said:
There has been quite a number of inciden[ts] in our country where foreign nationals[,] some of whom are Nigerians[,] have lost their lives and are being attacked. I [would] like to say here and now [that this] has been as a result of criminal activity among our own people which we are focusing on from a criminal element point of view.
I want to state here and now that South Africans do not have any form of negative disposition or hatred towards Nigerians ….
So, I want to dispel this notion that when a Nigerian [loses] his or her life in South Africa, it is as a result of an intentional action by South Africans against Nigerians. That is simply not true. (The Sun 12 July 2018)
According to Freedom House, "[p]olitical leadership on countering xenophobic violence has been lacking, and in some cases political leaders have blamed foreign nationals for their own failure to deliver on political promises" (Freedom House 5 Jan. 2018, Sec. F4). In November 2018, Amnesty International accused the Health Minister of "scapegoating" foreign nationals when he stated that "'foreign nationals' are behind the overcrowding of hospitals and the struggling health system" (Amnesty International 15 Nov. 2018). In the CAJ News Agency article about the run-up to the 2019 elections, a South Africa-based Nigerian entrepreneur is quoted as stating "'our plea to the South African government is to dissuade politicians against inciting hate based on xenophobia'" (CAJ News Agency 6 Apr. 2018).
2.1 Treatment by Police
According to media sources, a Nigerian man, Tochukwu Nnadi, was killed by South African police who arrested him on drug dealing allegations in December 2016 (The Punch 10 Jan. 2017; AFP 3 Jan. 2017).
US Country Reports 2017 state the following:
In August, Kingsley Ikeriwas, a Nigerian, was allegedly killed by police while being interrogated for possession of drugs. In an effort to extort information, the police placed a plastic bag over his head and suffocated him in the process. The businessman and member of the Nigerian Union in South Africa died in the hospital in Free State province.
In September another Nigerian, businessman Clement Ofoma, was arrested by police on suspicion of dealing drugs. According to his wife, police searched their house and his store but did not find any evidence. Police allegedly put a cellophane bag over his head, which caused him to lose consciousness. Ofoma later died in hospital. (US 20 Apr. 2018, 4)
Sources also report the alleged killing of a Nigerian man, ThankGod Okoro by the South African police (BBC 23 Apr. 2018; NAN 15 July 2018) in Johannesburg in April 2018 (NAN 15 July 2018).
In May 2018 article, Vanguard reports that the Nigerian Senior Special Adviser to the President on Foreign Affairs and Diaspora stated, during a 2017 visit to the South African High Commissioner to Nigeria, that among the 116 Nigerians killed in South Africa between 2015 and 2017, "'63 per cent of them were killed by the police'" (Vanguard 18 May 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
3. State Protection
According to sources, the South African government's response to eradicate xenophobia targeting foreign nationals has been insufficient (US 20 Apr. 2018, 31; Amnesty International 24 Feb. 2017).
US Country Reports 2017 further explains that
[s]ince 2013 the government significantly reduced the number of assaults and deaths by evacuating individuals from communities affected by xenophobic violence, although little was done to protect property owned by foreign nationals. Civil society organizations criticized the government for failing to address the causes of violence, for not facilitating opportunities for conflict resolution in affected communities, for failing to protect the property or livelihoods of foreigners, and for failing to deter such attacks by vigorous investigation and prosecution of perpetrators. (US 20 Apr. 2018, 31)
Sources report that the governments of South Africa and Nigeria decided in 2017 to create an "early warning" unit to prevent xenophobic attacks against Nigerians in South Africa (The Sun 14 Mar. 2017; Namibian Sun 14 Mar. 2017; Nigeria n.d.). This unit was to be composed of representatives of both countries who would meet every three months (Namibian Sun 14 Mar. 2017; The Sun 14 Mar. 2017). Information on the implementation and efficiency of the unit could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. Sources published in May and July of 2018 indicate that the unit was not working yet (City Press 9 July 2018; NAN 16 May 2018).
The Parliamentary Monitoring Group [2] indicates that the Prevention and Combating of Hate Crimes and Hate Speech Bill (B9-2018) is under consideration by the National Assembly of South Africa (PMG n.d.a). The South African Department of Justice and Constitutional Development website reports the following:
The bill aims to-
- Give effect to the Republic’s obligations in terms of the Constitution and international human rights instruments concerning racism, racial discrimination, xenophobia and related intolerance, in accordance with international law obligations;
- Provide for the offence of hate crime and the offence of hate speech and the prosecution of persons who commit those offences;
- Provide for appropriate sentences that may be imposed on persons who commit hate crime and hate speech offences;
- Provide for the prevention of hate crimes and hate speech;
- Provide for the reporting on the implementation, application and administration of this Act; and
- Effect consequential amendments to certain Acts of Parliament; and to provide for matters connected therewith. (South Africa 16 Apr. 2018)
Further information, including the status and implementation of the bill, could not be found among the sources consulted by Research Directorate within the time constraints of this Response.
3.1 Police Response and Prosecution
In a May 2018 article about violence against Nigerians in South Africa, the South African daily newspaper Business Day mentions the "failure of the South African police to protect foreigners" (Business Day 25 May 2018). Other sources also state that the police have failed to protect the victims when describing incidents of violence against black Africans in general (Human Rights Watch 5 May 2017; Amnesty International 24 Feb. 2017). US Country Reports 2017 states that "[t]he government sometimes responded quickly and decisively to xenophobic incidents, sending police and soldiers into affected communities to quell violence and restore order, but more often, the response was slow and insufficient" (US 20 Apr. 2018, 31). The same source also indicates that "[t]here were also reports police required bribes to protect the businesses of foreigners threatened by xenophobic violence" (US 20 Apr. 2018, 3-4). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
According to Amnesty International, "'[o]ngoing xenophobia in South Africa is compounded by the failed criminal justice system, with many cases remaining unresolved, which allows perpetrators to attack refugees and migrants with impunity'" (Amnesty International 11 May 2018). Describing the events of April 2015, Human Rights Watch states that
[a]lthough the police arrested at least 22 people following the violence, the authorities neither thoroughly investigated nor successfully prosecuted those involved. No one was held to account for the attacks. Authorities also failed to prosecute those who had incited the violence against foreign nationals. (Human Rights Watch 5 May 2017)
US Country Reports 2017 also points out that "[a]ccording to researchers from the African Cent[re] for Migration & Society [3], perpetrators of crimes against foreigners enjoyed relative impunity" (US 20 Apr. 2018, 30).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Notes
[1] The Armed Conflict Location & Event Data Project (ACLED), which receives financial support from various governments and organizations, including the US Department of State and the European Research Council (ERC), is a project that aims to collect the dates and locations of all reported political violence and protest events across Africa, South Asia, South East Asia, and the Middle East, among others (ACLED n.d.).
[2] The Parliamentary Monitoring Group (PMG) is an independent NGO and information service which provides information about the proceedings of South African Parliamentary Committees to enable "social justice organisations to lobby the Parliament of South Africa on pieces of legislation, matters of democratic processes and parliamentary oversight of the executive" (PMG n.d.b).
[3]The African Centre for Migration & Society (ACMS), which is part of the South African Wits University School of Social Sciences, is "Africa's leading scholarly institution for research and teaching on human mobility. … [It] is an independent, interdisciplinary and internationally engaged institution focusing on the relationships among human movement politics, poverty, and social transformation" (ACMS n.d.).
References
African Centre for Migration & Society (ACMS). N.d. "African Centre for Migration & Society." [Accessed 18 Jan. 2019]
Agence France-Presse (AFP). 3 January 2017. "Nigeria Attacks South African Police After 'Barbaric' Death." [Accessed 18 Jan. 2019]
Amnesty International. 15 November 2018. "South Africa: Minister Motsoaledi Must Not Use Refugees and Migrants as Scapegoats for the Failing Health System." [Accessed 18 Jan. 2019]
Amnesty International. 11 May 2018. "South Africa: Ten Years After Xenophobic Killings, Refugees and Migrants Still Living in Fear." [Accessed 18 Jan. 2019]
Amnesty International. 22 February 2018. "South Africa." Amnesty International Report 2017/18: The State of the World's Human Rights. [Accessed 18 Jan. 2019]
Amnesty International. 24 February 2017. "South Africa: Longstanding Criminal Justice Failures and Toxic Populist Rhetoric Fuelling Xenophobia." [Accessed 18 Jan. 2019]
Armed Conflict Location & Event Data Project (ACLED). March 2017. Real-Time Analysis of African Political Violence, March 2017. Conflict Trends No. 56. [Accessed 18 Jan. 2019]
Armed Conflict Location & Event Data Project (ACLED). N.d. "About ACLED." [Accessed 18 Jan. 2019]
British Broadcasting Corporation (BBC). BBC Monitoring Africa. 23 April 2018. "Nigerian National Reportedly Lynched in South Africa." (Factiva) [Accessed 18 Jan. 2019]
Business Day. 25 May 2018. Laide Akinboade. "Xenophobic Attacks: FG/South Africa to Sign Pact to Check Attacks." [Accessed 18 Jan. 2019]
CAJ News Agency. 6 April 2018. Savious Kwinika. "Fear Paralyses Foreigners amid Xenophobic Threat to SA Poll." [Accessed 18 Jan. 2019]
The Citizen. 28 March 2017. "Numsa Endorses Anti-Xenophobia March in Joburg, Slams Mayor Mashaba; Mashaba Has Since Met with the Nigerian Consulate and Leaders from the Nigerian Community in SA to Address Xenophobia Within the City." [Accessed 18 Jan. 2019]
City Press. 9 July 2018. Carien du Plessis. "Nigerians Still Don't Feel Safe in South Africa." [Accessed 18 Jan. 2019]
Daily Trust. 23 May 2018. "Reps Want Diplomatic Action to End S /A Killings." (Factiva) [Accessed 18 Jan. 2019]
Freedom House. 5 January 2018. "South Africa." Freedom in the World 2018. [Accessed 18 Jan. 2019]
Human Rights Watch. 5 May 2017. Human Rights Watch Submission to the Universal Periodic Review of South Africa. [Accessed 18 Jan. 2019]
Ireland. 20 October 2016. Refugee Documentation Centre. "South Africa - Were There Xenophobic Attacks in South Africa in 2015?" [Accessed 18 Jan. 2019]
Mail and Guardian Online. 12 July 2018. Simon Allison. "Ramaphosa: 'Like It or Not, Nigeria and South Africa Are Joined at the Hip'." [Accessed 18 Jan. 2019]
Namibian Sun. 14 March 2017. "Hate Crime Unit Launched." [Accessed 18 Jan. 2019]
News Agency of Nigeria (NAN). 15 July 2018. "Another Nigerian Shot Dead in South Africa." [Accessed 18 Jan. 2019]
News Agency of Nigeria (NAN). 16 May 2018. "Xenophobia: Presidency Calls for Review of Early Warning Signal with South Africa." [Accessed 2 Feb. 2019]
News24. 10 January 2018. James de Villiers. "Houses Set Alight in Rustenburg Protest." [Accessed 18 Jan. 2019]
The New York Times. 24 February 2017. Norimitsu Onishi. "South Africa Anti-Immigrant Protests Turn Violent." [Accessed 18 Jan. 2019]
Nigeria. N.d. Federal Ministry of Interior. "Xenophobia: Nigeria/South Africa Set Up Early Warning Unit." [Accessed 18 Jan. 2019]
Pan African News Agency (Panapress). 23 February 2017. "South Africa: Pretoria Under Fire over Attacks on Nigerians." (Factiva) [Accessed 18 Jan. 2019]
Parliamentary Monitoring Group (PMG). N.d.a. "Prevention and Combating of Hate Crimes and Hate Speech Bill (B9-2018)." [Accessed 18 Jan. 2019]
Parliamentary Monitoring Group (PMG). N.d.b. "What Is the Parliamentary Monitoring Group?" [Accessed 18 Jan. 2019]
Premium Times. 24 April 2018. "Presidency Condemns Killing of Nigerian By South African Mob." [Accessed 18 Jan. 2019]
The Punch. 24 May 2018. John Ameh. "Xenophobia: Reps Summon Minister, Dabiri-Erewa over Killing of Nigerians." [Accessed 18 Jan. 2019]
The Punch. 10 January 2017. "South Africa Should Stop Killing Nigerians." [Accessed 18 Jan. 2019]
South Africa. 16 April 2018. Department of Justice and Constitutional Development. "The Prevention and Combating of Hate Crimes and Hate Speech Bill." [Accessed 18 Jan. 2019]
The Sowetan. 23 October 2018. Pertunia Mafokwane. "Residents Take Matters Into Their Hands." (Factiva) [Accessed 18 Jan. 2019]
The Sowetan. 24 February 2017. Bongani Nkosi. "Rosettenville Attacks Not Xenophobic, Gigaba Insists." (Factiva) [Accessed 18 Jan. 2019]
The Sun. 12 July 2018. Tokunbo David. "Criminals Behind Killings of Nigerians - South African Leader." [Accessed 18 Jan. 2019]
The Sun. 14 March 2017. Segun Adio. "Nigeria, South Africa Launch Anti-Xenophobia System to Halt Violence." [Accessed 18 Jan. 2019]
United States (US). 20 April 2018. Department of State. "South Africa." Country Reports on Human Rights Practices for 2017. [Accessed 18 Jan. 2019]
Vanguard. 23 October 2018. Victoria Ojeme. "Nigerian Mission Condemns Burning, Looting of Nigerian Shops in S/Africa." [Accessed 18 Jan. 2019]
Vanguard. 18 May 2018. Dapo Akinrefon, et al. "Nigerian Officials Bemoan Killing of Two Citizens in SAfrica." (Factiva/BBC Monitoring Africa) [Accessed 18 Jan. 2019]
Vanguard with News Agency of Nigeria (NAN). 11 January 2018. "Again Nigerians Attacked in S/Africa." [Accessed 18 Jan. 2019]
Voice of America (VOA). 21 April 2015. Anita Powell. "S. Africa Deploys Army to Curb Xenophobic Attacks." [Accessed 18 Jan. 2019]
Additional Sources Consulted
Internet sites, including: International Crisis Group; IRIN; South Africa – Special Reference Group on Migration and Community Integration in KwaZulu-Natal; UN – Refworld; Xenowatch.