President Mbeki to Lead South African Delegation to the 58th Session of the United Nations General Assembly New York, United States of America Monday, 22nd - Wednesday, 24th September 2003

President Thabo Mbeki, accompanied by the Minister of Foreign Affairs, Dr Nkosazana Dlamini Zuma, will represent South Africa at the 58th session of the United Nations General Assembly in New York from Monday, 22nd to Wednesday, 24th September 2003.

President Mbeki is scheduled to address the General Debate of the UNGA on Tuesday, 23 September 2003 on issues of international, regional and national significance. South Africa will serve as Vice-Chair of the Economic and Financial Committee of the UN General Assembly. This follows South Africa's chairpersonship of the Special Political and Decolonisation Committee during UNGA57.
UNGA58 takes place against the background of the aftermath of the war in Iraq. The decision has had wide-ranging implications for multilateralism in general and for the United Nations in particular. The challenge facing South Africa and other like-minded countries in the wake of the war, is to reassert the centrality of the UN in addressing the challenges facing humanity today.

In his Report on the Implementation of the Millennium Declaration on 8 September 2003 Secretary-General Kofi Annan on the United Nations Millennium Summit goals called for renewed world unity on security issues after the Iraq war, increased momentum if global development targets are to be met and rededication by rich countries to fulfil their pledges to the poor.

Mr. Annan also called for "a hard look" at the existing architecture of international institutions and, in particular, a review of the principal organs of the UN itself - not only the Security Council but also the General Assembly, Economic and Social Council (ECOSOC) and perhaps even the Trusteeship Council.

The fight against terrorism remains a predominant issue in the international arena and the Government has committed itself to the efforts of the UN to address this issue. It can be expected that the issue of terrorism will continue to feature prominently at the General Debate and throughout the duration of UNGA58.

The year 2003 represented another important milestone in the history of Africa with the transition from the OAU to the AU and the implementation of NEPAD. UNGA58 thus provides an opportunity for Africa to bring the United Nations on board to assist in this process, particularly by following-up its decision to assist NEPAD through the creation of an office to co-ordinate programmes related to Africa.

The goal of ensuring peace and stability in Africa remains a high priority for the Government. The South African delegation to UNGA58 is expected therefore to utilise every opportunity to further this goal, key among which are to:

• Reinforce the role of multilateralism and challenge the unilateral and protectionist approach
• Support efforts to reform the UN Security Council and General Assembly
• Promote the central role of the UN in combating terrorism and the conclusion of the Comprehensive Convention Against Terrorism
• Support the follow-up to, and implementation of the decisions taken at the World Summit on Sustainable Development (WSSD) and the World Conference Against Racism (WCAR)
• Promote the attainment of the Millennium Summit development targets
• Promote the financing for development and implementation of the Monterrey consensus
• Support the expansion of debt relief
• Promote peace in the Middle East
• Promote human rights
• Promote the rights of women and children
• Promote arms control and disarmament in the context of conventional arms, including small arms, and weapons of mass destruction
• Address the threat of crime to security and stability
• Pursue environmental priorities
• Support the combating of HIV/AIDS, tuberculoses, malaria and other communicable diseases
• Support efforts to increase funding from donor countries for humanitarian assistance and disaster relief
• Promote the bridging of the digital divide, particularly in the context of the World Summit on the Information Society (WSIS)
• Support the work of the International Criminal Court

President Mbeki will, while in New York, hold bilateral discussions with the Secretary-General of the United Nations, Kofi Annan and Heads of State of India and Brazil in the context of the South Africa-Brazil-India trilateral forum; participate in a signing ceremony during which South Africa will accede to the International Convention against the taking of Hostages adopted by the UNGA on 17 December 1979, International Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents adopted by the UNGA on 14 December 1973; unveil the Dumile Feni sculpture; and meet with Executives of the Council on Foreign Relations and members of the American Jewish Committee.

For further information contact:
· Ronnie Mamoepa on 082 990 4853
· Bheki Khumalo on 09 1 212 759 3000 Room 1008 or Room 1011
· Nomfanelo Kota on 09 1 212 759 3000 Room 1010 or Room 1011
· David Hlabane on 082 561 9428
Issued by the Department of Foreign Affairs
Private Bag X152
Pretoria
0001
22 September 2003

Background

Initiatives in the fight against global terrorism

South Africa fully supports the global campaign against terrorism within the framework of the United Nations and contributes to the efforts of regional and other multilateral organisations in this regard (e.g. SADC, NAM, Commonwealth, and AU).

In the international campaign against terrorism, South Africa regards it as 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 end perennial conflicts, such as the Middle East conflict.
South Africa is also of the view that the international campaign against terrorism should include a world-wide joint commitment to eradicate poverty and under-development.

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 and human rights. South Africa shares the concerns of the Secretary-General of the United Nations, Kofi Annan, that the global war against terrorism could be conducted at the expense of human rights, civil liberties and the rule of law.

South Africa is in compliance with the reporting requirements of the United Nations Security Council regarding resolution 1373 (2001), 1390 (2002) and 1455 (2003) and has acceded to/ratified seven of the twelve conventions on international terrorism. Immediately after the terrorist attacks in the United States, the South African Government expressed its unequivocal condemnation of these acts of terrorism and pledged its support for the global campaign against terrorism within the framework of the United Nations.

The statement made by Cabinet on 19 September 2001 following the attacks in the United States, has subsequently served as the major policy guideline for the Government's public statements on the issue of international terrorism at the United Nations and elsewhere (Addendum A).
Resolution 1368 (2001)

The United Nations stands at the forefront of initiatives in the fight against terrorism. In resolution 1368 (2001) adopted the day after the attacks on the United States, the United Nations Security Council (UNSC) unequivocally condemned the attacks and stated that it regarded them as "a threat to international peace and security". The Council explicitly recognised "the inherent right of individual or collective self-defence in accordance with the Charter". The Council also expressed its readiness to "take all necessary steps to respond to the terrorist attacks of 11 September 2001". Resolution 1368 (2001) has no reporting obligation for Member States.
Resolution 1373 (2001)

The UN Security Council on 28 September 2001 adopted Resolution 1373, which is a binding resolution on anti-terrorism measures and creates specific obligations on states to prevent and combat terrorism, and support of terrorist activities, including the financing of terrorism. The resolution called on Member States to report to the Counter-Terrorism Committee the measures they have taken to implement the provisions of the resolution.

Following the adoption of resolution 1373 (2001), the South African Government established an Inter-Departmental Counter-Terrorism Working Group to monitor and oversee the implementation of the resolution. The Department of Foreign Affairs chairs the Group, which comprises the relevant Government Departments and members of the intelligence structures.

The stakeholder Departments/bodies are:
The Department of Foreign Affairs,
The Department of Transport,
The Department of Home Affairs,
The Department of Justice and Constitutional Development,
The South African Police Service,
The National Intelligence Agency,
The South African Secret Service,
The National Treasury,
The South African Reserve Bank,
The South African National Defence Force and
The National Intelligence Co-ordinating Committee.

The implementation of Resolution 1373 (2001) is likely to remain a key document in the international anti-terrorism campaign. South Africa adheres to and is implementing the provisions of this Resolution.

Resolution 1390 (2002)
UN Security Council resolution 1390 on Afghanistan adopted on 16 January 2002 follows and expands on resolution 1373 targeting, not only Al-Qaeda members, but also individuals, groups, undertakings and entities associated with them. In terms of this resolution, Member States are obliged to submit national reports on implementation measures to the Afghanistan Sanctions Committee within 90 (ninety) days of the adoption of the resolution. South Africa submitted its National Report to the Sanctions Committee by the due date of 16 April 2002.
South Africa, under the leadership of the Minister of Finance, Trevor Manuel, forms part of an international working group investigating ways to counter funding for terrorism groupings.


Resolutions 1455(2003) and 1456 (2003)
These two resolutions on terrorism adopted on 17 January 2003 and 20 January 2003 respectively have given increased impetus to the international campaign against terrorism and have strengthened the provisions of previous terrorism resolutions.

Resolution 1455 (2003)
The UN Security Council on 17 January 2003 adopted resolution 1455 (2003), under Chapter VII of the United Nations Charter strengthening the measures of resolution 1390 (2002) and requesting Member States to submit "updated reports" within 90 days of the adoption of the resolution on its implementation by Member States. South Africa submitted its report on the implementation of resolution 1455 (2003) to the Security Council by the due date of 17 April 2003.

Resolution 1456 (2003)
The UN Security Council unanimously adopted this resolution on 20 January 2003. The substance of the resolution is contained in an appended declaration on combating terrorism, which calls for certain steps to be taken by Member States to strengthen their efforts in this regard. These include becoming a party to all international conventions and protocols relating to terrorism, assisting each other in the prevention, investigation, prosecution and punishment of acts of terrorism and co-operating closely to implement resolutions 1267 (1999), 1390 (2002) and 1455 (2003). The Declaration states that it expects States to bring to justice those who finance, plan support or commit terrorist acts or provide safe havens in accordance with international law. It also calls on States to respond promptly and fully on the CTC's requests for information, comments and questions and instructs the CTC to inform the Council of any difficulties it may encounter in obtaining this information.

United Nations Conventions against terrorism
South Africa has acceded to/ratified seven of the twelve international conventions against terrorism.  

These are:
· 1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil

Aviation;
· 1962 Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft;
· 1970 Hague Convention on the Unlawful Seizure of Aircraft;
· 1991 Convention on the Marking of Plastic Explosives for the Purposes of Detection (ratified on 12 December 1999);
· 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International

Civil Aviation, supplementary to the Montreal Convention.
· International Convention for the Suppression of Terrorist Bombings; and
· International Convention for the Suppression of the Financing of Terrorism.


Comprehensive Convention Against Terrorism
Progress in the Comprehensive Convention on Terrorism has been hampered by the issue of distinction between "liberation movements" and "terrorist acts", as well as the applicability of international humanitarian law to State forces. The Committee met from 14-18 October 2002 in another attempt to resolve these issues and met again from 31 March to 2 April 2003 without any measurable progress being made.


Convention for the Suppression of Acts of Nuclear Terrorism
There has also been a lack of progress on the negotiations on the draft Convention for the Suppression of Acts of Nuclear Terrorism, dealing with law enforcement against individuals who unlawfully seize or utilise nuclear materials to perpetrate a terrorist act. Articles relating to the applicability of the treaty's scope caused the deadlock. There was concern regarding the impact that this may have on South Africa and NAM's principled position against the use of nuclear weapons in any circumstances. It is, therefore, not foreseen that this Convention will be concluded in the near future.

International High-Level Conference on Terrorism
South Africa supports the Egyptian initiative for a high-level conference on terrorism to be held under the auspices of the United Nations. No measurable progress has, however, been made in the attainment of this initiative.

The 57th Session of the UN General Assembly decided that the Ad Hoc Committee, a working group of the Sixth Committee, would keep on its agenda the question of convening a high-level conference under the auspices of the United Nations to formulate a joint organised response of the international community to terrorism in all its forms and manifestations.

At the XIIIth Summit of the Non-Aligned Movement held in Kuala Lumpur from 20-15 February 2003, the Heads of State or Government called on all States to endorse, in principle, the convening of an international Conference under the auspices of the United Nations to define terrorism, to differentiate it from the struggle for national liberation and to reach comprehensive and effective measures for concerted action.

Anti-Terrorism Bill
An Anti-Terrorism Bill has been drafted by the South African Law Commission (SALC), which addresses existing UN conventions that South Africa has not yet ratified. Once adopted, it will provide a sound legislative basis from which to ratify the existing international conventions against terrorism. On 17 August 2002, the SALC approved a report entitled "Terrorism: Section 54 of the Internal Security Act, 1982 (Act No. 74 of 1982)". The report, containing the draft Anti-Terrorism Bill, was submitted to the Minister for Justice and Constitutional Development at a press conference held on 29 August 2002 in Cape Town. The Anti-Terrorism Bill has been formally tabled in Parliament and it is expected that Parliament will adopt the legislation during the 2003 session.

ADDENDUM A

Cabinet statement of 19 September 2001

Principles

South Africa condemns terrorism without any equivocation. Attacks against civilians cannot be justified. This approach is integral to the humanitarian values that inspired our struggle and governed its conduct. These principles inform the core values of our constitution.
South Africa will co-operate with all efforts to apprehend the culprits and bring them to book. Justice must be done and it must be seen to be done.

South Africa therefore recognises the right of the US government to track down the culprits and bring them to justice. Thorough investigations and incontrovertible evidence should inform any action taken.

Acts of vengeance or mobilisation directed against individuals, communities or nations simply because of their faith, language or colour cannot be justified. They go against the humanitarian and civilised norms that the terrorists seek to undermine and destroy.

They can in fact play into the hands of these wicked forces. Whatever the pain the world may be going through, we should avoid temptations of racism, Islamophobia, anti-Semitism and any other forms of prejudice and discrimination that the recent World Conference Against Racism so eloquently warned against.

The world should unite in the fight against terrorism. In this effort, the immediate task is to ensure that the perpetrators meet their just desserts. In the medium-term, the challenge is to understand the root causes of these despicable acts and to eradicate them world-wide.

In the least, the terrorists should be isolated through international co-operation to build an equitable world order. This medium-term challenge includes concerted efforts to resolve conflicts in all parts of the globe, including the search for lasting peace in the Middle East. It includes the joint commitment throughout the world to eradicate poverty and under-development.
Concrete Actions

South Africa has, like many other countries, offered such support and assistance as may be required and within the limits of our capacity. Morally and spiritually, we are with the victims as well as the people and government of the US and other nations that lost their citizens in these events.
Government, through its Mission in the US, and working with relevant US authorities, is continuing the search for South Africans who have as yet not been traced, who may have been in the hijacked planes or in the vicinity of the affected areas.

To the extent that the current investigations into these acts of terror may require concrete intelligence information that South Africa may have at its disposal, our security agencies will continue to co-operate with their US counterparts.

South Africa has not considered any military involvement in the operations envisaged by the US administration. The matter has not been raised; and, within the context of our approach to both the immediate and longer-term challenges in dealing with the scourge of terrorism, the issue does not arise.

South Africa will take part in discussions on the course of world actions on this issue, within the context of regional and other multilateral organisations to which we belong, including the United Nations. Further, working together with other countries within the UN system, we will continue to make our contribution to the development of relevant international conventions on the fight against terrorism.

Our approach to this matter is informed by our values as a nation; and government is of the full conviction that it is in the national interest.