Accra: Legal expert and policy analyst, Austin Kwabena Brako-Powers, has called on the Ghanaian government to formally seek compensation from South Africa for Ghanaians whose businesses and properties have been destroyed in recurring xenophobic attacks. Brako-Powers emphasized the necessity for Ghana to shift beyond diplomatic protests and advocate for a structured compensation process for affected citizens.
According to Ghana Web, Brako-Powers highlighted that numerous Ghanaian-owned businesses have suffered looting, vandalism, and destruction due to violent attacks against foreign nationals. Speaking on TV3's Big Issues, he stressed that Ghana should make the demand for compensation a condition of its bilateral diplomatic engagement with South Africa, rooting the demand in established principles of international law such as diplomatic protection and state responsibility.
Brako-Powers pointed out that many Ghanaian families have endured significant financial losses as recurrent xenophobic violence has forced victims to flee, abandon businesses, or witness the destruction of their investments. He proposed the establishment of a Business Loss Compensation and Recovery Programme to document the experiences of affected Ghanaians and actively pursue compensation on their behalf. This proposal includes creating a formal claims registry for victims to submit evidence of losses.
He argued that South African authorities cannot continue to treat these incidents as unforeseeable, asserting that the recurring nature of xenophobic violence indicates a long-standing pattern. Under customary international law, states may be held accountable if they fail to exercise due diligence in protecting foreign nationals within their borders.
Furthermore, Brako-Powers criticized Ghana's approach to addressing the plight of citizens affected by these attacks, describing it as too soft. He asserted that public condemnations and diplomatic statements are insufficient given the economic losses suffered by Ghanaian victims over the years. He urged policymakers to adopt a stronger, more sustainable strategy to protect Ghanaians abroad and secure justice when their rights and livelihoods are violated.