APPRAISING THE LEGAL FRAMEWORKS FOR MIGRANTS’ RIGHTS UNDER INTERNATIONAL HUMAN RIGHTS LAW: A CASE STUDY OF XENOPHOBIA IN SOUTH AFRICA AND NIGERIA

Abstract

Since the eighties, an increasing number of people have crossed international borders outside of regularized migration channels whether by land, air or sea. Policy debates on these kinds of movements have generally focused on security to the neglect of focus on rights. In a range of situations, though irregular migrants who fall outside the protection offered by international refugee law and the United Nations’ High Commissioner for Refugees (UNHCR), may have protection needs and in some cases are entitled to protection under international human rights law. Such protection may result from conditions in the country of origin or as a result of circumstances in the host or transit countries. On the other hand, xenophobia simply put, is the fear or hatred of foreigners or strangers; it is embodied in discriminatory attitudes and behaviours and often culminate in violence, abuse of all types and exhibition of hatred. The issue of Xenophobia has become a common phenomenon in South Africa, where significant number of innocent lives have been lost; properties worth millions of dollars destroyed and many people displaced. Surprisingly, the victims of these attacks are black Africans. The trend has been linked to the mindset of the South Africans that the foreign nationals are the cause of unemployment, poverty rate, spreading of deadly diseases and above all, have hijacked their socio-economic sector and the solution is to frustrate them. However, the attack on African migrants, especially Nigerians is barbaric and disturbing scenario. This work identified the various laws that guarantee refugees and migrants’ rights in both South Africa and Nigeria, and presented a brief cursory look at the xenophobic violence of the South Africans against foreign nationals especially Nigerians. The work further made recommendations to quail these barbaric acts.