Tijjaniya Muslim Movement Accuses South Africa of Breaching International Law Over Xenophobic Attacks

The Tijjaniya Muslim Movement of Ghana has accused the South African government of violating binding international human rights law by failing to prevent, investigate, and punish escalating xenophobic attacks targeting both documented and undocumented migrants.

According to the Movement, Pretoria’s continued inaction in the face of mob violence, looting of foreign‑owned businesses, and intimidation of migrant communities constitutes a breach of the International Covenant on Civil and Political Rights (ICCPR), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and the African Charter on Human and Peoples’ Rights.

“South Africa cannot claim to uphold constitutional democracy and human dignity while allowing non‑nationals to be hunted, assaulted, and stripped of their livelihoods on the basis of nationality,” Alhaji Khuzaima Mohammed Osman, Executive Secretary of the Tijjaniya Muslim Movement of Ghana, told Modern Ghana News.

He stressed that the violence is not merely social frustration but “state‑tolerated discrimination” that violates treaty obligations South Africa voluntarily accepted.

Alhaji Osman cited Articles 6 and 26 of the ICCPR, which obligate South Africa to protect the right to life and guarantee equal protection of the law to all individuals within its territory, regardless of national origin. He argued that selective police inaction and the failure to prosecute perpetrators amount to a denial of equal protection.

Referencing Article 5 of ICERD, he noted that South Africa is required to eliminate racial discrimination and ensure the security of all persons against violence inflicted by individuals, groups, or institutions. “When violence is directed at people because they are foreigners, and the state fails to intervene, that is discrimination by omission,” he said.

Under Articles 2 and 4 of the African Charter, he added, every individual is entitled to rights and freedoms without distinction of any kind, including nationality. Xenophobic violence, he argued, undermines the very foundation of African solidarity on which the Charter was built.

Alhaji Osman, who also serves as Executive Director of the African Social Development and Empowerment Foundation (ASDEF) and an Eminent Member of the National Peace Council of Ghana, warned that the attacks threaten regional integration, deter intra‑African trade, and damage South Africa’s standing within the African Union.

He described the violence as “a regressive force against the AU’s Agenda 2063 goal of free movement and people‑centred development,” stressing that immigration status does not strip individuals of their human rights. Victims, he noted, include asylum‑seekers, refugees, long‑term residents, and economic migrants who contribute significantly to South Africa’s informal economy, healthcare, and construction sectors.

The Tijjaniya Muslim Movement urged the international community to move beyond expressions of concern. Alhaji Osman called on the African Union and the UN Office of the High Commissioner for Human Rights to initiate monitoring and engage South Africa through peer‑review and treaty‑body mechanisms. He also encouraged South Africa’s bilateral partners to raise the issue in diplomatic forums and link development cooperation to measurable protection outcomes for migrants.

He further called on South African authorities to launch immediate operations to protect migrant communities, prosecute perpetrators, and end rhetoric that scapegoats foreigners for economic challenges. He urged the government to ensure access to justice, restitution, and psychosocial support for victims, regardless of immigration status.

“The world cannot afford to watch another cycle of xenophobic violence unfold in silence,” he warned. “Human rights are not reserved for citizens. They belong to every human being within a state’s jurisdiction. That is the law. That is the promise. And right now, that promise is being broken.”

The Tijjaniya Muslim Movement says it will continue documenting violations, supporting victims, and pressing for accountability at regional and international levels until South Africa meets its legal obligations.