Responses on March 30, 2015 by Bert Koenders, Netherlands Minister of Foreign Affairs, to the written questions by the member Han ten Broeke about political developments in South Africa.
These questions were submitted on February 24, 2015.
From the replies it seems as if the Minister is not well informed and rely purely on what is disclosed by the ANC government with specific reference to Discriminatory Legislation, Racism, Hate Crimes, Hate Speech, Denial of Basic Human Rights of minorities and Incitement to Genocide.
Question 1
South Africa is now more than 20 years a democracy; how do you assess the state of democracy and rule of law in South Africa? How do you assess particularly the leadership of the South African President Zuma?
Reply
The transition to a democratic South Africa has been relatively peaceful. The country has strong institutions, a vibrant democratic rule of law, good bureaucracy, and there is sufficient popular support for democratization. The rule of law is guaranteed in the Constitution of 1996, which by the judiciary and the constitution established, independent.
The legislation in South Africa is progressive and has a high standard in the field of human rights.
However, often there is a difference between legislation and reality.
President Zuma has strengthened his position by appointing influential people to ‘protect’ him, as Cyril Ramaphosa (Vice President) and Jeff Radebe (Minister in the Presidency). His leadership, as in any democracy, assessed by the Parliament of South Africa and the people at the next elections.
Question 2
Despite the abolition of the apartheid system, racism does not seem to have disappeared from the South African society; Can you give an appreciation of the efforts of the South African government in the fight against discrimination?
Is there discriminatory legislation in South Africa?
Reply
Indeed, racist incidents and tension between populations do occur. However, these incidents are not widespread or systematically. Recent violence against immigrants in Soweto shows according to the South African Institute for Security Studies (ISS) that the negative attitude by many South Africans towards immigrants has changed since violence in 2008. Many citizens from unemployed to the political elite, according to ISS, are convinced that the (African) immigrants ‘steal’ the jobs of South Africans because they dominate the informal sector. This is, however, according to ISS unjustified.
Although the government response was faster and better coordinated than in 2008, and President Zuma condemned the recent violence against immigrants in Soweto, this seems not yet to have the desired effect. The reactions of several cabinet members give no reassuring signals about the attitude of the government towards immigrants. The reaction of the government can be related to a broader trend of protectionism. Also, the tightened visa and immigration regulations can be seen in this light.
However, there is no question of discriminatory legislation in South Africa. With the constitution, legislation, many independent bodies and special purpose institutes the government is working to combat racism and prohibiting discrimination. Examples of such legislation are the Employment Equity Act and the Promotion of Equality and Prevention of Unfair Discrimination Act. For the latter law, the equality courts were established. Every citizen who feels unfairly treated can go to court in the context of the above legal texts and get recovery or justice.
The Government also has a policy against racism and other hate crimes and drafted the National Action Plan Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (NAP).
Question 3
Are you aware of reports that affirmative action in South Africa is used in such a way that many young whites see no future in their country and emigrate in masse? Can you confirm this and if so, how would you rate these messages?
Reply
The official (international) figures for emigration from South Africa are not divided by population. Thus, it is not known whether a South African emigrant is white or black. There is no official legislation that positive enforces discrimination in South Africa. However, there is policy trying to rectify the negative discrimination in the past, mainly in the field economic opportunities: the Broad Based Black Economic Empowerment Act (2003), the Broad-Based Black Economic Empowerment Amendment Act (2013) and the Employment Equity Act (1998). The Employment Equity Act prescribes no hard quotas, but it encourages a diverse workforce. The Broad Based Black Economic Empowerment Act consists of a number of measures promoting the proportion of the black population in the economy.
Question 4
What is the state of affairs surrounding the launch by the European Council human rights dialogue with South Africa?
Reply
EU-SA Human Rights Dialogue has taken place twice: on May 27, 2013 in South Africa and on November 28, 2014 in Brussels, as part of the successful EU ZA week (24-28 November 2014). The human rights dialogue was conducted at senior official level in an open and sincere atmosphere.
With recognition of certain differences of opinion, there was, among other things discussions on cooperation in multilateral fora, racism, trade and human rights, Economic, Social and Cultural Rights and the International Criminal Court. There was also agreed that in 2015 in addition to the human rights dialogue a Civil Society Seminar will be organized.
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South Africa Today – South Africa News
