Address by Deputy Minister Sue van der Merwe on Multilateralism and the Respect for International Law as Strategic Objectives of South Africa’s Foreign Policy at the Conference on Multilateralism and International Law with Western Sahara as a Case Study, Thursday 4 December 2008

Professor Pistorius, Vice Chancellor of the University of Pretoria
Dean of the Diplomatic Corps, Amb Alzubeidi
Excellencies, Heads of Mission accredited to South Africa
Ambassador Hans Carrel,
Ambassador Frank Ruddy,
Mr Khadad
Prof El Ouali
Members of the Parliament of South Africa
Speakers and Moderators
Distinguished Guests
Ladies and Gentlemen
Colleagues,

Fifty-one years ago, a young senator from Massachusetts with his eye on the White House took a big gamble.  On the Senate floor, before his astonished colleagues, John F. Kennedy gave a controversial speech that questioned nearly all of the assumptions of American foreign policy and delved deeply into a topic that no one wanted to talk about. He was instantly denounced by the White House, the State Department, American allies, and the press. But the speech eventually won him admirers around the world, and brought him closer to his party’s nomination for president. The immediate subject of Kennedy’s speech was the war that France had been fighting for three years against insurgents in Algeria.  When Kennedy rose to deliver the speech, on July 2, 1957, he began with a ringing statement.

“The most powerful single force in the world today,” he said, “is neither communism nor capitalism, neither the H-bomb nor the guided missile - it is man’s eternal desire to be free and independent.” Hardly anyone would disagree with that. But he continued with a provocative thought - that “imperialism” was the chief foe of freedom.  “Thus the single most important test of American foreign policy today is how we meet the challenge of imperialism, what we do to further man’s desire to be free.”

For centuries the masses of our people, throughout our continent, waged heroic struggles to free all our countries from the inhuman systems of colonialism and apartheid. Even after most of our countries were free, those who had liberated themselves made the determination that they could only enjoy the fruits of freedom and independence when the rest of the continent was liberated. South Africa as a member of the United Nations and the African Union is obligated to actively support the legitimate right of the Saharawi People to choose their own destiny. In this support, South Africa remains committed to the following principles and objectives:

• The right to self-determination and the recognition of colonial borders
• Respect for international humanitarian law and the rendering of humanitarian assistance and support
• The principles of multilateralism and international legality and the centrality of the African Union and United Nations in the resolution of the conflict
• The non-exploitation of natural resources of the illegally occupied territory
• Stability and integration of the Maghreb Union

In South Africa, the journey to freedom and democracy was one in which many people made great sacrifices. South Africa endured many trials and overcame many obstacles to get to the first democratic election in 1994. It was indeed a long struggle that claimed many lives. Ours was a just struggle and ultimately South Africans achieved that which they had fought so hard to bring about, a new non-racial, non-sexist democratic South Africa.

South Africans also know that they were not alone in their struggle against apartheid. On our continent and throughout the world people stood in solidarity with the struggle against apartheid. This international solidarity against apartheid in South Africa was by all accounts a critical factor in creating the conditions for the peaceful transition to the new South Africa.  A new South Africa that was ultimately founded on principles and values enshrined in our Constitution.

One of the cornerstones of our democracy is the Bill of Rights which enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom for all South Africans. South Africa’s foreign policy is guided by this principle and the vision of “a better South Africa in a better Africa and a better World,” that is, a better life for all. In other words, human and peoples rights remain central to our conduct of international relations.

Key to this foreign policy is the pursuit of a rules based international order.  In an increasingly conflict ridden world, the role of international law and the continued affirmation of the legal rights of people and nations through the promotion of multilateralism, human rights and democracy are the central tenets of a policy of securing peace and prosperity at home, on the African continent and the world at large.

The right to self-determination was the philosophical basis upon which our own nation, South Africa, was created.  Self-determination is enshrined in the United Nations Charter and the African Union Constitutive Act and is regarded as a basic human right.   The United Nations has passed many of resolutions reaffirming the indigenous Saharawi's right to self-determination, establishing the Mission for the Referendum in the Western Sahara (MINURSO) in 1991.  The United Nations has been unequivocal in its support of this right and has indicated that when territories such as the Western Sahara are transitioning out of colonialism, the people of those territories should have the option of freely choosing between independence, association with an independent state, or integration with an independent state.   During the last two years that South Africa served as a non-permanent member of the UN Security Council we continued to support the call for the right of self determination of the people of Western Sahara.   

South Africa’s recognition of the Saharawi Arab Democratic Republic on 15 September 2004 came in the wake of Morocco’s decision to rule out any possibility for a referendum in Western Sahara. Such a response by the Government of Morocco to the UN Peace Plan effectively denies the people of Western Sahara their right to self-determination, contrary to fundamental and inviolable international law and the earlier solemn commitments. 

The conflict in Western Sahara and the response from the International Community in resolving the issue presents a pertinent case study for the assertion that legality remains the essential prerequisite for the resolution of conflict between nations. It is foreseen that this Conference on Multilateralism and International Law with Western Sahara as a Case Study will seek to reflect on the status of the territory under international law, the definitions and international implications of self-determination, the respect for human rights, issues of occupation and sovereignty, obligations on third states and the lawfulness and/or legitimacy of natural resources exploitation in Western Sahara.

The Saharawi Arab Democratic Republic is a fully fledged member of the African Union.  The SADR’s membership in the AU is one of the most divisive issues on the continent, and presents the continent with what can be regarded as its biggest moral dilemma. The protracted Western Sahara dispute is detrimental to the development  and reconstruction ambitions of the continent, especially in relation to its stability and security, but also in terms of the regional economic integration of the Arab Maghreb Union (AMU), which has remained inactive for the past fifteen years as a result of the conflict.   Any solution must thus also be based upon African Union’s Constitutive Act, in particular, the principle of sanctity of inherited colonial borders in Africa and the right of the peoples of former colonial territories to self-determination. Short of this requirement, the conflict in Western Sahara remains an outstanding decolonisation issue on the agenda of the African Union.

Presently some 160 000 Saharawi refugees lead a harsh existence in the Algerian desert. A 2 720 kilometres heavily mined wall in the desert separates them from their homeland. The Saharawi refugees have been waiting for more than 30 years to return home in a dignified way. It is time for the international community to act to end this intolerable and unjust situation.  South Africa will continue to draw attention to the human rights violations in the occupied territories.  Whilst doing this, we will intensify efforts to respond to the urgent humanitarian and other assistance within the framework of the African Renaissance Fund (ARF). 

South Africa is convinced of the absolute need to reduce conflicts on the African continent.  All of us need to work together to help resolve the current stalemate, which, if unresolved, could ill afford another major African humanitarian crisis.  The occupation of Western Sahara is a unique situation that demands a prompt and just solution. The native Western Saharans’ right to self-determination is thus doubly important: for the sake of self-determination and for the sake of international order.  A just and lasting solution for the people of Africa’s last remaining colony is essential for the peace and prosperity of the African Continent as a whole.  That just and lasting solution is the right of the Saharawi people to express their will through a referendum that will determine the democratic will of the Saharawi people.

In Conclusion.
May I welcome especially all our international guests and thank you for participating in this important conference. Your presence underscores the fundamental importance of multil-lateralism which is so critical in our international interactions.

Thanks you all for making this journey to South Africa. We hope you will enjoy your stay, and that you visit us again, perhaps for more recreational activities.

Issued by the Department of Foreign Affairs
Private Bag X152
Pretoria, 0001

04 December 2008