The Foundation calls for urgent protection of migrants, refugees and asylum seekers and announces the establishment of a Xenophobia Evidence and Victim Documentation Data Centre.
Max & Karl Charity Foundation has formally escalated its international legal and diplomatic efforts in response to what it describes as persistent xenophobic violence, forced displacement, denial of healthcare and other reported human rights violations affecting migrants, refugees and asylum seekers in South Africa.
According to the Foundation, the move follows documented reports of more than 400 verified xenophobic incidents in recent years, alongside concerns over continued attacks, alleged obstruction of access to healthcare, destruction of property, forced displacement and inadequate accountability for perpetrators.
International Legal Action Initiated
As part of its efforts to promote justice, accountability and the protection of vulnerable communities, the Foundation says it has initiated a number of legal and diplomatic actions.
The organisation has submitted a formal communication to the Office of the Prosecutor of the International Criminal Court (ICC), requesting an assessment of whether the reported pattern of attacks could meet the legal threshold for crimes against humanity under the Rome Statute.
The Foundation has also filed an urgent petition before the African Commission on Human and Peoples’ Rights (ACHPR), seeking provisional measures to protect migrants and other vulnerable groups, enforce court orders, investigate reported abuses and recommend appropriate compensation and reparations for victims.
In addition, a comprehensive communication has been forwarded to the United Nations Human Rights Council and relevant UN mechanisms, calling for stronger international engagement, independent monitoring and enhanced protection for affected communities.
Call for Action From the South African Government
Max & Karl Charity Foundation has also issued formal communications to the Government of South Africa, calling for the immediate enforcement of court orders, effective investigation and prosecution of alleged perpetrators, protection of all persons regardless of nationality, and the establishment of an independent victims’ compensation and support framework.
The Foundation maintains that meaningful accountability and effective law enforcement are essential to preventing further violence and restoring confidence among communities affected by xenophobia.
Launch of Xenophobia Evidence and Victim Documentation Data Centre
As part of its response, the Foundation has announced the establishment of a Xenophobia Evidence and Victim Documentation Data Centre.
The initiative is intended to preserve and organise evidence relating to reported xenophobic incidents, including:
• Victim and witness testimonies
• Medical records
• Legal records
• Photographs
• Videos
• Other relevant documentation and evidence
According to the Foundation, the documentation collected will support future humanitarian, legal and policy initiatives and help ensure that the experiences of victims are properly recorded and preserved.
The Foundation is encouraging victims and members of the public with relevant information or evidence to submit documentation through hello@maxandkarlfoundation.org.
Xenophobia Is Incompatible With Pan-African Values
Max & Karl Charity Foundation states that xenophobia is incompatible with the principles of Pan-Africanism, constitutional democracy, the rule of law and internationally recognised human rights.
The organisation is calling on the African Union, the United Nations, the African Commission on Human and Peoples’ Rights, governments, civil society organisations, faith leaders and the wider international community to take urgent action to prevent further violence and strengthen accountability.
Standing in Solidarity With Victims
The Foundation has reaffirmed its solidarity with individuals and communities affected by xenophobic violence and reiterated its commitment to justice, human dignity, accountability, peaceful coexistence and African unity.
Through its legal, diplomatic and documentation efforts, the organisation says it seeks to contribute to a stronger framework for protecting vulnerable communities and ensuring that victims have access to justice, protection and appropriate support.
“Xenophobia has no place in a society founded on human dignity, equality and the rule of law.”
Our international engagement will continue as it pursues mechanisms aimed at strengthening accountability and protecting the rights of migrants, refugees and asylum seekers.
Key Messages
International legal action: Communications have been initiated with the ICC and African Commission on Human and Peoples’ Rights.
Human rights protection: The Foundation is calling for urgent protection of migrants, refugees and asylum seekers.
Government accountability: The Foundation is urging effective investigation, prosecution and enforcement of existing legal protections.
Evidence preservation: A Xenophobia Evidence and Victim Documentation Data Centre has been established to preserve relevant evidence.
Victim support: The Foundation is advocating for appropriate protection, compensation and reparations for victims.
Pan-African solidarity: The organisation reaffirmed its commitment to human dignity, peaceful coexistence, justice and African unity.
