Opening Address, Ms Sue van der Merwe, Deputy Minister of Foreign Affairs on the occasion of the Sixth ICRC/Department of Foreign Affairs Regional Seminar on the Implementation of International Humanitarian Law, Sheraton Hotel, Tshwane, 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 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 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