S van der Merwe: ICRC/Department of Foreign Affairs Regional
Seminar

12 June 2006

Madame Krill
Excellencies
Distinguished delegates
Ladies and gentlemen

It is an honour for me to open this seminar, which is held annually to
review and discuss progress with regards to the state of ratification and
implementation of International Humanitarian Law Treaties by participating
countries. I extend a very warm welcome to you all on behalf of the government
and people of South Africa and the co-sponsoring organisation, the
International Committee of the Red Cross.

Our foreign policy agenda is informed by our domestic imperatives and guided
by the vision of creating a better South Africa in a better Africa and a better
world. In this regard, we place issues of human rights at the centre our
foreign policy and understand that these extend beyond the political, embracing
the economic, social and environmental. We also recognise that just and lasting
solutions to the problems of humankind can only come through the promotion of
democracy worldwide. To realise our vision of a better world, we are motivated
by the consideration that justice and respect for international law should
guide relations between nations.

In his report to the 59th session of the General Assembly, the United
Nations (UN) Secretary-General Kofi Annan, asserted "we will not enjoy
development without security, we will not enjoy security without development,
and we will not enjoy either without respect for human rights." There is
therefore a need to develop a vision of collective security based on a shared
assessment of the current global threats and obligations needed in addressing
these threats.

Today, millions of people, particularly on the African continent, continue
to face threats, not just international war and conflict, but terrorism,
weapons of mass destruction, organized crime and civil violence. They also face
threats from poverty, deadly infectious disease and environmental degradation,
since these can have equally catastrophic consequences.

As a government, we believe that the future of our country is inextricably
linked to the future of the African continent and that of our neighbours in
Southern Africa. Therefore, we understand that socio-economic development
cannot take place without peace and stability. At the same time, we recognise
that in times of conflicts, certain fundamental freedoms are compromised, key
of which are human rights. In many conflicts, non-combatants, particularly
women, children and the elderly are the victims.

Second World War victim Anne Frank in her diaries vividly captured the
consequences of non-observance of humanitarian law. In an entry to her diary on
Saturday, 15 January 1944, Anne Frank wrote: "The war goes on just the same,
whether or not we choose to quarrel, or long for freedom and fresh air, and so
we should try to make the best of our stay here."

In a further entry dated, Wednesday, 3 May 1944, she writes "I don't believe
that the big men, the politicians and the capitalists alone, are guilty of the
war. Oh no, the little man is just as guilty, otherwise the peoples of the
world would have risen in revolt long ago! There's in people simply an urge to
destroy, an urge to kill, to murder and rage, until all mankind, without
exception, undergoes a great change, wars will be waged, everything that has
been built up, cultivated, and grown will be destroyed and disfigured, after
which mankind will have to begin all over again."
The sheer scale and horror of that war and its consequences, led the leaders of
the time to seek a permanent solution to ending conflict through establishment
of the United Nations. In a sense, it could be argued that the UN created the
hope for a new dawn in which nations of the world would be united under the
umbrella of a single international legal and standard setting body. This
collective body would therefore primarily be concerned with preventing conflict
and maintaining peace and security.

In addition it would encourage developing friendly relations among nations,
achieving international co-operation in economic, social, cultural, and
humanitarian matters, developing respect for human rights and fundamental
freedoms, and providing the means for harmonising international action to
attain these aims. Yet, conflicts continue today in various forms, posing
threats to human security and threatening the realisation of development
objectives. Perhaps in the course of your deliberations some of the following
issues will be raised.

Firstly, the implications of our increasing role in international
peacekeeping and peace-making operations and the need for our personnel to be
educated in International Humanitarian Law. We therefore as a country look
forward to learn from the experiences of our neighbours regarding International
Humanitarian Law.
In this regard, I pleased to inform this group that the Government of South
Africa has made a decision to establish a national International Humanitarian
Law Committee. It will assist our government with the domestication and
implementation of International Humanitarian Law. This Committee is ready to
begin its work and is in the process of addressing the ratification of various
International Humanitarian Law instruments.

We hope to learn more from others present here about how we can make this
Committee more effective. Secondly, your deliberations might explore the
consequence of breaches of the most fundamental principles of International
Humanitarian Law and their impact on Africa. We will use the lessons learnt to
build on the already positive forward trend to good governance by African
countries under the aegis of the African Union (AU), undergoing Peer Reviews.
Thirdly and importantly, highlighting the plight of the victims of war and the
implications of the non-observance instruments of International Humanitarian
Law intended to protect them. Sadly it is also forgotten that the International
Committee of the Red Cross (ICRC) and International Federation of the Red Cross
and Red Crescent Societies (IFRC) emblems are international symbols, allowing
for the protection of victims and effective humanitarian assistance in the
midst of hostilities. When this is forgotten, the protectors themselves become
the victims.

Finally, a very warm welcome and I wish once again to all distinguished
delegates a fruitful and constructive conference. I trust that this will lead
to future co-operation on various issues relating to International Humanitarian
Law.

I thank you

Issued by: Department of Foreign Affairs
12 June 2006
Source: Department of Foreign Affairs (http://www.dfa.gov.za)