DIRCO dismisses Ghanian nationals’ ‘opportunistic’ petition to ICC
DIRCO has rejected a petition to the ICC over alleged xenophobic attacks in South Africa, insisting domestic laws are adequate as thousands of foreign nationals continue leaving the country amid rising anti-migrant violence.
The Department of International Relations and Cooperation has dismissed two Ghanaian nationals' petition to the International Criminal Court as opportunistic.
They have asked the court to open a preliminary investigation into attacks against foreign nationals in South Africa, as they believe that could constitute crimes against humanity.
The department’s spokesperson, Chrispin Phiri, says the submission fails to meet the statutory legal triggers and jurisdictional requirements needed to prompt action by the court.
“South Africa maintains full confidence in its domestic legal framework. Legislation such as the Prevention and Combating of Hate Crimes and Hate Speech Act directly gives effect to the Republic's obligations under the Constitution and international human rights instruments concerning racism, racial discrimination, xenophobia, and other related intolerances.”
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Meanwhile, the department says South Africa remains committed to open, constructive, and action-oriented dialogue with the Economic Community of West African States, especially on regional stability and migration management.
ECOWAS condemned xenophobic attacks against West Africans in South Africa and wants to raise the issue at the African Union assembly.
Phiri said South Africa categorically rejects all forms of social prejudice:
“ A dedicated agenda item at the Heads of State Summit to address the primary push and pull factors and the root causes of irregular migration, focusing squarely on good governance, democracy, and economic stability, will enable a pragmatic and comprehensive approach to the continental migration challenge.”
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More than 160,000 foreign nationals left South Africa over the past two months as local groups increased violent hostility against undocumented migrants, according to an AFP tally based on figures from the repatriating governments.
The country saw weeks of nationwide protests, several degenerating into violence that has claimed the lives of at least four migrants, although some foreign governments say the toll is higher.
The largest numbers to leave were from Zimbabwe and Malawi, but hundreds more were from countries including Ghana, Kenya, Lesotho, Mozambique, Nigeria and Uganda.
Releasing updated figures on Tuesday, Zimbabwe's cabinet said 108,366 of its people had come home as of July 18, a majority of them self-repatriating.
Malawi announced on Monday that more than 46,890 citizens had returned since early June, with the government providing 699 buses for the long journey home. Six people died in transit.
Nearly 2,000 Mozambicans also returned, according to South African government figures.
Nigeria has repatriated around 1,490 nationals, while Ghana has flown home at least 926, according to government figures.
