Speech delivered by the Director-General Advocate Menzi 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

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