ANC Today


Volume 4, No. 49 • 10—16 December 2004


THIS WEEK:


A complex process of regeneration and rediscovery

The recent controversy relating to the operations of the Blood Transfusion Service has highlighted the racist legacy that continues to blight our country. Yet there are some in our society who are very determined to ensure that we discuss this particular challenge as little as possible.

To suppress this discussion, they present many interventions in this regard as "playing the race card" for narrow political purposes. As we have seen in the debate about black economic empowerment (BEE), and earlier discussions about affirmative action, it is not difficult for some to present initiatives to build a non-racial society in the most negative light.

The objective to address "the national question" stood at the heart of our struggle against racism and apartheid. In our country the national question expressed itself as the oppression and exploitation of the black majority by a white minority.

The first task of our struggle, of the national democratic revolution, was to defeat the system of white minority domination and replace it with democratic rule, in the context of building a non-racial society.

In part, our ongoing efforts to entrench and consolidate our democratic system have to do with the further deracialisation of our politics, and the cultivation of the sentiment among all our people of a common patriotism and a shared sense of nationhood.

For this reason we welcomed the decision of the New National Party (NNP) to encourage its members to join the ANC, and ultimately to dissolve. The fact that the historic party of racism and apartheid could come to these conclusions could not but help our country further to move away from its racist past, towards a lasting solution of the national question.

Other decisions taken earlier during our transition sought to address this same issue - the solution of the national question. I refer here particularly to the then constitutional provisions to establish a Government of National Unity and the Truth and Reconciliation Commission.

Our decisions with regard to these two matters sought to facilitate acceptance among our white compatriots that they had nothing to fear from the advent of democracy and the liberation of their compatriots, who happen to be black.

During the pre-1994 negotiations, our movement also decided to respect the view expressed by sections of the Afrikaner community that they needed political space to give concrete expression to the desire for "self determination". This became part of the Interim Constitution, naturally affording this right to all our people.

As a result of this, as well as the provisions contained in our current Constitution, we have now established the Commission on Linguistic, Cultural and Religious Rights. In addition to and as part of everything we have done and are doing to ensure that we build a non-racial society, we remain sensitive to the concerns of our national minorities regarding any threat of marginalisation and their reduction to the status of second-class citizens.

Sometimes, within the context of careless discussion about the evolution of our society away from its racist past, all manner of unfounded allegations are made about so-called reverse racism. Allegations are even made boldly that we too have become racists.

However I have no hesitation in asserting firmly that as a movement and government, we have performed very well with regard to our sustained efforts to address the national question - in our case this being the struggle to build a non-racial society.

Of critical importance in this context is the fact that for over 90 years, the ANC has propagated and defended the policy of non-racism. It is the earliest political formation in our country to base its policies for the solution of the national question on the thesis and perspective of the establishment of a non-racial society. Even within its ranks, it fights to ensure that it respects its commitment to non-racism.

Our movement we will continue to insist on the centrality of the solution of the national question as we pursue the goals of the national democratic revolution, however much others may seek to minimise the importance of the task to eradicate the legacy of colonialism and apartheid. Success in this regard is of decisive importance to democracy, stability, social and economic progress in our country.

The critical importance of these conclusions is supported by the fact that many of the conflicts in Africa and other parts of the world, as well as many global tensions, derive from contradictions emanating from the failure successfully to address the national question.

In 1997, the Singapore diplomat and scholar, Kishore Mahbubani, delivered a lecture provocatively entitled "Can Asians think?". Among other things he said: "It is vital for Western minds to understand that the efforts by Asians to rediscover Asian values are not only, or even primarily, a search for political values. Instead, they represent a complex set of motives and aspirations in Asian minds: a desire to reconnect with their historical past after this connection had been ruptured both by colonial rule and by the subsequent domination of the globe by a Western Weltanschauung;.an effort to define their own personal, social and national identities in a way that enhances their sense of self-esteem in a world where their immediate ancestors had subconsciously accepted that they were lesser beings in a Western universe. In short, the reassertion of Asian values in the 1990s represents a complex process of regeneration and rediscovery that is an inevitable aspect of the rebirth of societies."

From this we can see that it is not only Africans in our country and elsewhere on our continent who, in the effort to address the national question, are involved in "a complex process of regeneration and rediscovery that is an inevitable aspect of the rebirth of societies".

In his autobiographical book, 'Heading South, Looking North', the renowned Chilean Jewish author, Ariel Dorfman, reflected on yet other elements of the challenges of the national question. Having grown up as a child in the United States, and therefore speaking English rather than Spanish, Dorfman writes:

"Languages do not only expand through conquest: they also grow by offering a safe haven to those who come to them in danger, those who are falling from some place far less safe than a mother's womb, those who, like my own parents, were forced to flee their native land.

"By the time I was an adult of thirty-one, I had renounced and denounced the language of my childhood America as imperial and Northern and alien to me, I had fiercely and publicly reverted to my original native Spanish and proclaimed that I would speak it forever, live forever in Chile. Forever. A word that I naïvely cast to the winds at the time, a wind that this wanderer in love with the transitory that I now have become knows he should be wary of. I hadn't learned yet that when other, more powerful people control the currents of your life, very few things are forever."

Dorfman's parents had ended up as refugees in the United States, having fled from repression in "their native land". Ariel Dorfman was also forced to flee his native land, Chile, when, in 1973, "more powerful people who control the currents of your life", helped to ensure the overthrow the Chilean government led by Salvador Allende.

This included the murder of Allende, a distinguished Member of our national Order of the Companions of O.R. Tambo, and his replacement by the military dictator, General Pinochet.

Ariel Dorfman gives eloquent expression to his passion for the correct resolution of the national question by rejecting the displacement and domination of his language, Spanish, by English, and the defeat of the sovereign determination of the Chilean people to decide their own future, through the overthrow by reactionary forces then supported by the United States, "the more powerful people", of the patriotic Chilean government led by Salvador Allende.

In 1969, the Nigerian diplomat and Ibo, Raph Uwechue, published the book 'Reflections on the Nigerian Civil War', which war had been sparked off by the secession of the largely Ibo part of Nigeria, temporarily leading to the establishment of the "State of Biafra". He wrote:

"The principal point at issue on which I disagreed with the Federal Government (of Nigeria) was its inability.(a) to provide effective protection for Ibo civilians during the gruesome massacres of 1966 and, (b) the unsatisfactory handling of the question of compensation and rehabilitation of the families and dependents of the victims of those unfortunate events.

"My opposition to the Federal Government.was not based on any sudden realisation that the Nigerian peoples who had lived together in one country and in that sense as one community, in considerable harmony for over half a century, have become such inveterate incompatibles that they must now be separated in order to be saved...

"Until we become a truly integrated nation - only time, tolerance and patience will make this possible - it is unrealistic to adopt a constitution which presupposes the existence of an already integrated society.The answer lies in 'modulated' decentralisation within the framework of a federation in which minority elements are effectively insulated from the threat of domination by any of the preponderant tribes, Hausa-Fulani, Ibo and Yoruba."

In their various ways, all these authors reflected on the national question. Together they make the statement that this question should be resolved correctly, to create the space and the possibility for the success of the necessary and inalienable "complex process of regeneration and rediscovery that is an inevitable aspect of the rebirth of societies".

The failure correctly to respond to this imperative led to the victory of a brutal military dictatorship in Chile, serious concerns about a "clash of civilisations", and the costly Nigerian civil war. It has condemned the African continent to the wars and instability that have obliged the African Union to give top priority to the issue of peace and stability on our continent.

Currently, we are involved in a complex process to help end the crisis in the Cote d'Ivoire. We are involved in similar efforts to support the Government of National Unity of the Democratic Republic of Congo (DRC) to ensure peace and stability in the eastern part of the DRC.

We continue to work with the Transitional Government of Burundi to support that country's transition to democracy, peace and stability. We are working with the governments of Ethiopia and Eritrea to encourage a permanent, stable and just peace between these two neighbouring countries. We work with the people of Sudan and are committed to lead the post-war reconstruction process in that country to contribute to the guarantee of a just and lasting peace.

All these instances, including the Israel-Palestine and Western Sahara issues which we continue to engage, reflect the challenge and the failure correctly to address the national question in all its complexity.

They emphasise the need for institutions such as the African Union to ensure that our continent addresses the national question correctly and on time, and not merely wait for violent confrontations to take place, requiring the deployment of peace keeping troops.

Our history has made it inevitable that we must and would focus on the resolution of the national question, centred on the building on a truly democratic, non-racial, non-sexist and prosperous South Africa.

Experience in the rest of our continent and elsewhere in the world must surely tell us that we are well advised to persist in the pursuit of these objectives.

Thus, as we successfully address the national question by ensuring the eradication of the legacy of colonialism and apartheid, and constructing a non-racial society, we will certainly spare our country and people the painful agony of the social conflict that would result from a failure to attend to the national question.

As a country, and during our First Decade of Liberation, we have made commendable progress in this regard. The masses of our people, both black and white, clearly understand the need for us to work continuously to create the new non-racial society, understanding that this is of fundamental importance to their future and the future of their children.

For this reason it is not possible for anybody in our country to incite rebellion against the democratic order. Happily, we are not threatened by the kind of conflict and crisis that has afflicted the friendly and sister people of the Cote d'Ivoire and other countries on our continent.

The recently exposed and highly reprehensible practices at the Blood Transfusion Service sound a stern warning about the need for us to persist in the struggle for the victory of the high cause of non-racism in our country.

Our Second Decade of Liberation must be distinguished by the achievement of yet new and decisive advances in the struggle successfully to address the national question in our country.

Letter from the President

 


 

Victims' Charter

New initiative to uphold the rights of crime victims

A service charter for crime victims recently published by government provides members of the public with important information about their rights, while setting standards of service for public servants in the criminal justice system.

The Victims' Charter, as it is known, identifies seven rights that victims of crime have. These rights relate to a person's contact with the criminal justice system and are drawn from the Constitution and existing laws. The charter aims, among other things, to eliminate secondary victimisation, whereby the hurt experienced as the result of a crime is made worse through a person's experience of the criminal justice process. It aims to empower victims and ensure that the rights and needs of victims are central to the criminal justice process.

Together with a document on the minimum standards required when providing services to victims of crime, the charter clarifies the service standards that can be expected by victims whenever they come into contact with the criminal justice system. It also makes provision for recourse when standards are not met.

The charter maintains, firstly, that victims of crime have the right to be treated with fairness and with respect for dignity and privacy. They should be attended to promptly and courteously, and be treated with respect for their dignity and privacy by all members of the criminal justice system.

The police and other officials should take measures to minimise any inconvenience to victims by, among others, conducting interviews in their language of choice and in private, if necessary. These measures are meant to prevent victims from being subjected to secondary victimisation.

Secondly, victims have the right to offer information during the criminal investigation and trial. The police, prosecutor and correctional services official must ensure that any contribution that victims wish to make to the investigation, prosecution and parole hearing is heard and considered. This right means that victims can participate, if necessary and where possible, in criminal justice proceedings, by attending the bail hearing, the trial, sentencing proceedings or Parole Board hearing.

Thirdly, victims have the right to receive information. This includes the right to be informed of their rights and of how to exercise them. They can ask, as part of this right, for explanations in their own language of anything you do not understand. They have the right to receive information and to be informed of all relevant services available. They can request to be informed of the status of the case, whether or not the offender has been arrested, charged, granted bail, indicted, convicted, or sentenced.

Fourthly, victims have the right to protection. They have the right to be free from intimidation, harassment, fear, tampering, bribery, corruption and abuse. If they are a witness, victims can report any such threats to the police or senior state prosecutor. If the person complies with the requirements, the police will apply for them to be placed in a witness protection programme.

Fifthly, victims have the right to request assistance and have access to available social, health and counselling services, as well as legal assistance. The police will assist victims by explaining police procedures, informing them of their rights and making the appropriate referral to other relevant service providers.

The prosecutor will ensure that special measures are employed in relation to sexual offences, domestic violence and child support or maintenance matters and that, where available, such cases are heard in specialised courts.

Sixthly, victims have the right to compensation for loss of or damage to property suffered as a result of a crime being committed against them. They can request to be present at court on the date of sentencing of the accused and request the prosecutor to apply to court for a compensation order in terms of the Criminal Procedure Act.

Compensation refers to an amount of money that a criminal court awards the victim who has suffered loss or damage to property, including money, as a result of a criminal act or omission by the person convicted of committing the crime. Victims can institute a civil action against the accused where the criminal court did not grant a compensation order. This will usually happen where the damages are not easily quantifiable in financial terms, for example, in the case of psychological damages or pain and suffering.

Finally, victims have the right to restitution in cases where they have been unlawfully dispossessed of goods or property, or where their goods or property have been damaged unlawfully.

Restitution refers to cases where the court, after conviction, orders the accused to give back to the victim the property or goods that have been taken from them unlawfully, or to repair the property or goods that have been unlawfully damaged, in order to restore the position they were in prior to the commission of the offence.

If victims of crime feel that any of their rights have not been upheld, or are dissatisfied with any aspect of their interaction with the criminal justice system, they are entitled to complain to the relevant government department or service provider. If they are not happy with the way the complaint has been handled, they can contact organisations like the Public Protector, Human Rights Commission, Commission on Gender Inequality or Independent Complaints Directorate.

By publishing and circulating the charter, government is helping to ensure that members of the public know what they are entitled to, and what to do if the service they receive falls short of these expectations. At the same time, by providing detailed minimum standards to accompany the charter, a clear indication is given to the police and other sections of the criminal justice system what is expected of them. In this way it is hoped that progress will be made towards ensuring that the criminal justice system is more responsive to the needs of victims of crime.

More Information


 

United Nations

Panel urges more cooperation and a stronger UN

A high-level United Nations panel has recommended that effective responses to global threats like conflict and disease demand better cooperation among nations and long-sought reforms to the UN system.

In a report entitled 'A more secure world: Our shared responsibility', the UN High-level Panel on Threats, Challenges and Change identifies a number of global threats that require a number of specific policy approaches and institutional changes to the international system. The panel was established by UN Secretary General Kofi Annan to investigate how the UN should respond to changes in the global environment in the 21st century.

South African Minister of Foreign Affairs Nkosasana Dlamini-Zuma welcomed the release of the report, and said government would study the report and "respond accordingly in due course and through mechanisms that the UN may identify".

The panel report echoes the views of many organisations around the world, including the ANC, that solutions to the world's problems need to be found through multilateral forums like the UN and through peaceful means. The use of force should only be used as a last resort, and then only within the confines of international law and in accordance with the UN Charter. The panel urges a number of preventative measures to address the major threats it identified.

There were six clusters of threats that the panel said should concern the world now and in coming decades:

  • war between states;
  • violence within states, including civil wars, large-scale human rights abuses and genocide;
  • poverty, infectious diseases and environmental degradation;
  • nuclear, radiological, chemical and biological weapons; · terrorism;
  • transnational organised crime.

"In today's world, a threat to one is a threat to all," the panel said. It was therefore necessary for the countries of the world to act soon to strengthen the United Nations, "so that in future it responds effectively to the full range of threats that confront us".

The panel highlighted the need for prevention, particularly through ensuring social and economic development and working to eradicate poverty: "Development has to be the first line of defence for a collective security system that takes prevention seriously. Combating poverty will not only save millions of lives but also strengthen states' capacity to combat terrorism, organised crime and [weapons] proliferation. Development makes everyone more secure."

The panel notes that the global public health system has deteriorated and is ill-equipped to protect the world against existing and emerging deadly infectious diseases. The report recommends a major initiative to build public health capacity throughout the developing world.

The panel calls for an improvement in the UN's capacity to engage in preventive diplomacy and mediation to prevent wars within and between states. It will also need to improve efforts to reduce the demand for nuclear, biological and chemical weapons and curbing the supply of weapons materials. The report urges the UN to forge a strategy to counter terrorism that is respectful of human rights and the rule of law. As a starting point, the panel has proposed a definition of terrorism and called on the UN General Assembly to conclude a comprehensive convention on terrorism.

But the report is not all about prevention: "Of course, prevention sometimes fails. At times, threats will have to be met by military means." It notes that the UN Charter provides a clear framework for the use of force, in which states have an inherent right to self defence. International law says that states can take military action as long as the threatened attack is imminent, no other means would deflect it, and the action is proportionate. While the UN Security Council has the authority to act preventatively, it has rarely done so.

"The Security Council may well need to be prepared to be more proactive in the future, taking decisive action earlier. States that fear the emergence of distant threats have an obligation to bring these concerns to the Security Council," it said.

Both nation states and the international community, through the UN, have a responsibility to protect civilians from large-scale violence. The UN should also improve its capacity to deploy peace keeping and peace enforcement forces, and should focus on the task of post-conflict peacebuilding when wars have ended.

To meet these challenges, the panel argues, the UN needs its existing institutions to work better: "This means revitalising the General Assembly and the Economic and Social Council, to make sure they play the role intended for them, and restoring credibility to the Commission on Human Rights."

The panel argues for reforms to the composition of the Security Council to increase its credibility and effectiveness. It suggests two models for changing the composition of the Security Council, as well as the principles which should inform any reform. The report recommends the creation of a 'Peacebuilding Commission', which would give attention to countries emerging from conflict.

The panel notes that the report is the start of a process of engagement among the UN's member states: "But building a more secure world takes much more than a report or a summit. It will take resources commensurate with the scale of the challenges ahead; commitments that are long-term and sustained; and, most of all, it will take leadership - from within the states, and between them."

 

More Information:


 
Subscribe  Click here to receive ANC Today by e-mail free of charge each week

Return to Index