Simelane of Justice and Constitutional Development on international
co-operation in countering terrorism during the 46th session of the Asia-Africa
Legal Consultative Organisation meeting, Cape Town
4 July 2007
Thank you Madam President,
The Government of the Republic of South Africa welcomes this opportunity to
address the meeting on the important issue of countering terrorism and to
reiterate the government's position on terrorism and the legislative actions
that it has taken to combat terrorism.
The South African Government unequivocally condemns acts of terrorism and
has pledged its support for the global campaign against terrorism within the
framework of the United Nations (UN) and its structures. We are of the view
that it is important that States pool their resources in fighting terrorism
globally and to this end it is also important that the multilateral system be
strengthened to deal with such efforts to prevent powerful states taking
unilateral action.
The South African Government holds the view that the growth of terrorism is
one of the major scourges undermining international peace and security. South
Africa is committed to combating terrorism, but also maintains that terrorism
cannot be defeated militarily. It is important to focus on the root causes of
terrorism and to develop appropriate strategies to address them. In this regard
concerted efforts must be made to resolve conflicts in all parts of the globe,
such as the Middle East conflict.
In this regard, the international campaign against terrorism should include
a worldwide joint commitment to eradicate poverty and underdevelopment and the
issue of terrorism should not push development off the international agenda.
Similarly the combating of terrorism should not take place at the expense of
civil liberties, human rights and the rule of law.
The South African Government is outright in its condemnation of the use of
violence against unarmed and innocent civilians to achieve any political
objective. It is the government's view that attacks against civilians can never
be justified under any circumstances.
The South African Government is also of the view that the lack of consensus
on the definition of terrorism within the United Nations is problematic. There
are many countries which hold the view that the fight for self-determination
cannot be defined as terrorism. South Africa shares this view and distinguishes
between terrorism and the legitimate struggle for national liberation or
self-determination undertaken in accordance with international law and the UN
Charter.
Madam President,
With regard to South Africa's participation in international efforts to
combat terrorism, we are proud to say that South Africa has ratified 12 of the
13 United Nations treaties on terrorism. Parliament has recently approved
ratification of the thirteenth Convention (that is, the Convention on the
Physical Protection of Nuclear Material) and we will shortly be depositing our
Instrument of Ratification for this convention. South Africa is also a party to
the Organisation of African Unity (OAU) convention on the prevention and
combating of terrorism and its African Union protocol.
In support of its commitment to combating terrorism, South Africa continues
to contribute to the efforts of regional and other multilateral organisations
such as the UN, Non-Aligned Movement (NAM), the Commonwealth, the African Union
(AU) and South African Development Community (SADC) in this regard.
With regard to the Comprehensive Convention against Terrorism, South Africa
supports the early finalisation of this Convention and it is disappointing that
the work of the United Nations Ad Hoc Committee is deadlocked. The reason for
the deadlock is a principled difference between States on whether or not
national liberation movements should be exempted from the scope of the
Convention. The South African Government is convinced that with the necessary
political will, creative solutions can be found to break the existing deadlock
on the Comprehensive Convention against Terrorism. South Africa will remain
constructively engaged in the negotiations on this Convention
On the issue of a definition of terrorism South Africa's position is
informed by the "Ezulwini Consensus" of the African Union, which on the
definitional issue states the following: "Terrorism, in line with the Algiers
Convention on Terrorism, cannot be justified under any circumstances.
Political, philosophical, ideological, racial, ethnic, religious or other
motives cannot be a justifiable defence against a terrorist act. However, there
is a difference between terrorism and legitimate struggle waged by peoples for
their liberation or self-determination in accordance with the principles of
international law."
On measures to eliminate terrorism taken in the UN Security Council (UNSC),
South Africa has good relations with the counter-terrorism bodies of the
Security Council and is fully compliant with its reporting obligations in terms
of the various Security Council resolutions.
Madam President,
In fulfilment of its international obligations to counter terrorism the
South African government has also adopted legislation to criminalise acts of
terrorism, ensure that terrorist acts are prosecuted and that there is no safe
haven for terrorists in South Africa. The South African legislation in this
regard is the protection of our Constitutional Democracy against Terrorist and
Related Activities Act, which came into operation on 20 May 2005.
The Act makes the Republic of South Africa fully compliant with United
Nations Counter Terrorism Conventions, as well as the OAU Convention on the
Prevention and Combating of Terrorism. The Act creates a general offence of
terrorism, and offences relating to terrorist activities, such as recruiting,
assistance to commit terrorist activities, and facilitating terrorist
activities. It also provides for the specific offences required by the relevant
international instruments. The Act therefore equips the law enforcement
agencies in South Africa to effectively deal with both international and
domestic terrorist activities.
Provision is also made for the freezing of terrorist property, and specific
offences required by United Nations Security Council Resolutions and the
International Convention on the Suppression of the Financing of Terrorism, to
be enacted in respect of terrorist financing. The Act excludes from the
definition of "terrorist activity" those actions taken in pursuance of a
liberation struggle provided that those acts were done in accordance not only
with the principles of the Charter of United Nations and the African Union, but
also in accordance with the principles of the international humanitarian
law.
Madam President,
As we noted at the beginning of this statement, international co-operation
in combating terrorism is pivotal. But just as important, is that this
international co-operation is done in accordance with the purposes and
principles of the United Nations, including respect for civil liberties, human
rights and the rule of law. The Security Council in particular has wide ranging
powers to list persons and entities that it believes to be linked to terrorists
or certain acts. In listing such persons it is very important that due process
is followed and the principles of natural justice are adhered to.
I thank you.
Issued by: Department of Justice and Constitutional Development
4 July 2007
