Africa Human Rights Day Commemoration Seminar

22 October 2001

THE IMPACT OF W.C.A.R. ON THE AFRICAN CONTINENT

Chairperson, Ladies and Gentlemen,

Much has been said about WCAR in the six weeks since it conclusion but in this forum it would be appropriate at the outset once again to celebrate the success of WCAR, this time specifically from the point of view of human rights in Africa. For the first time the vast majority of the countries of the North have participated in a racism conference and are party to the final Declaration and Programme of Action. It took hard and dedicated work to arrive at that conclusion. The Africa Group in particular was obliged to examine its positions and assumptions carefully. We have had to think hard about our own “red lines” since, as in any process of negotiation, all parties — including Africa — was called upon to make compromises. And some of the compromises that we had to make, were painful. But I think it is fair to say that the “first prize”, namely the acceptance of our red line positions by the developed world, was well worth the sacrifice.

The important achievements, from an African perspective, were:

· That the suffering of Africa through slavery, the slave trade, colonialism, apartheid and genocide was acknowledged and that slavery and the slave trade (for the first time) as well as apartheid and genocide (as a matter of confirmation of previously adopted texts) were declared crimes against humanity;

· that poverty, underdevelopment, marginalisation, social exclusion and economic disparities were recognised as consequences of these barbaric violations of the basic rights of African persons and peoples;

· The negative effects that globalisation brings about in Africa (and elsewhere in the South) were recognised; and

· The principle was accepted that, in various ways, the results of the centuries of wrongdoing from which Africa had suffered, must be addressed.

In short, WCAR represents a powerful vindication of Africa’s positions and its claims for reparative action. However, it also underlined the important obligations that rest on us as Africans. Not only is there still room for improvement of the African track record as far as human rights are concerned, but also we have to ensure that we make the best possible use of the renewed development efforts that will undoubtedly flow from the implementation of the Programme of Action.

Allow me at this point to refer to the New African Initiative briefly. This Initiative addresses in some depth the linkages between development (in other words issues related to eradication of poverty and underdevelopment, as well as trade and the reform of international financial institutions) and human rights. It also documents the determination of Africa to take charge of its own destiny holistically. After all, development, good governance and human rights are closely interrelated. Another aspect in which the WCAR Declaration and Programme of Action aligns with the New African Initiative is that both reflect the determination of Africans to turn their backs on the old pattern of North — South relationships which tended to entrench dependency through aid. In MAP Africa calls for a new relationship of partnership between Africa and the international community, especially the highly industrialised countries, to address seriously the development chasm that has widened over the centuries of unequal relations. It seeks to redefine the structural relations between the developed North and the African continent moving from a vertical relationship to a horizontal — that of engaging in partnership as equals.

Also in the process of establishing the African Union and its different organs, Africa has come a long way in designing the instruments and mechanisms with which we can make of the twenty-first century a truly African century.

In the African Charter on Human and People Rights we already have one of the best instruments world wide for the promotion of human rights which, as we all surely agree, is one of the fundamental building blocks for personal and economic growth, prosperity and self-fulfillment.

I said earlier that this seminar presents an opportunity to celebrate the achievements of WCAR. But I submit that it is also an appropriate occasion, after the founding of the African Union and the adoption of the New African Initiative during the past year, to celebrate the progress that has been made in Africa to put in place systems and institutions that would enable us to take the continent forward — to create conditions of security, stability, development and progress, in the interests of all the people of this continent.

While Africa Human Rights Day gives us the opportunity to pause and to look back at our achievements, it also compels us to survey the landscape around us, to acknowledge the obstacles in our way forward and to reflect on how we might address the challenges that we face.

In this regard, it is important to note that the WCAR Declaration and Programme of Action does not only create obligations for the former perpetrators of slavery, colonialism etc. in their relationship with the former victims. We as Africans have also and equally accepted responsibility to fight racism, racial discrimination, xenophobia and related intolerance. We all know that Africa suffers from these ills as much as any other region of the world. We have to work towards the affirmation of human rights and fundamental freedoms of all our peoples in order to establish a continent that can become a beacon of peace, stability and prosperity. Yes, it is possible — we have the will and the determination.

If we are ready to face the problems of poverty and underdevelopment, within the context of the New African Initiative and if we are ready to address issues related to good governance through the African Union and its institutions, are we really ready to fight phenomena like the trafficking of human persons, the xenophobia between fellow Africans, discrimination against migrants, refugees and asylum seekers? Is religious freedom a reality across the African continent? How do we deal with the abuse that women and children still suffer? What can we practically do to address the question of child soldiers?

Many of the issues have indeed been addressed at leadership level. We have made progress with the establishment of institutions and mechanisms to deal with these issues at government and regional levels. But problems persist at grassroots level. Here in South Africa xenophobia and the consequent discrimination against foreigners is outlawed, but that does not mean that the problems have been solved in the streets of our cities. The fact that Governments have subscribed to the African Charter on Human and People’s Rights does not mean that abuse of women has stopped or that every child now has the opportunity to attend school instead of being forced into the labour market. What I am leading to is the need for far greater efforts to be made to popularise the ideas that have become commonplace in the assembly halls of the leaders.

The South African Human Rights Commission has done excellent work in this respect and they deserve our applause. But I think that they would be the first to agree that much still remains to be accomplished in establishing a comprehensive human rights culture in South Africa. Elsewhere in the continent, the road is still longer and rougher. A national human rights commission in each and every country can no longer be seen as a luxury that a country can indulge in once other objectives have been met. We understand today that respect for and promotion of human rights, down to the grassroots level, is a condition for progress, people-centred development and prosperity. Education and awareness campaigns are one of the first priorities on the way to our common goal.

There are different target groups for such campaigns. Children and the youth should be taught the value of human rights, democratic citizenship and appreciation of diversity. Anti-racist and gender-sensitive human rights training for public officials and professionals (especially in law enforcement, correctional and security services, health care, education and migration authorities) is also necessary. We should not forget the private sector. Both employers and employees within the specific context of their often conflictual relations, need to be particularly sensitive to each other’s rights and needs.

We all recognise that freedom is indivisible, that development and progress cannot be achieved on a fragmented basis, that one’s wealth will be short-lived if one’s neighbour suffers poverty. Therefore, I think it is fair to say that another urgent priority would be to reinforce the solidarity between communities and countries regionally and eventually continentally. We have to ask ourselves how we as government can join hands with civil society; how we as South Africans can join hands with our neighbours and with our sisters and brothers across the continent, so that we may jointly achieve the noble objectives of the African Renaissance. In certain areas, each of us will certainly be able to make contributions to the efforts of others. In other areas we must be humble enough to admit that we don’t have all the answers and allow others to show us the way.

Partnerships and consultations between government, NGOs and other sectors of civil society are an essential instrument for sharing experience and expertise, not only nationally but across borders as well. Civil society, representing as they do the grassroots level of society, can make a very valuable contribution in both the elaboration and the implementation of policies and programmes. Religious communities can make a unique contribution to reconciliation and healing and to harmony within and among societies. Not only is everyone’s commitment and contribution necessary, but it is essential that we consult and that we co-ordinate our efforts to achieve optimal results.

We have achieved much, but we cannot rest on our laurels. If we want to draw real benefit from the process of restructuring the fundamental relationship between Africa and the rest of the world, something that received a significant boost with the adoption of the Declaration and Programme of Action by WCAR, we need to prepare the way both at governmental level and in civil society, nationally, regionally as well as continentally, to manage this relationships to the advantage of Africa and the world.