THE CALL OF ISLAM

TO: THE PARLIAMENTARY PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY AND THE HONOURABLE MINISTER OF SAFETY AND SECURITY

ATB: SOCIO - POLITICAL CONCERNS

The Call of Islam was formally launched in 1984 as a Muslim activist organisation. It thrust itself into the mainstream of resistance politics under the banner of the UDF. As South Africans aligned to the MDM, we remain committed to ensure that the victories of our revolution are protected, and our long term vision of social justice and international peace are obtained. We hope that through this act of participatory democracy we will be able to come to a mutually acceptable way forward.

As South African we share a common concern for the safety and security of our nation and all peoples of the world. We cherish the victories of our liberation from all forms of repression, oppression and exploitation. We are therefore obliged to raise the following concerns regarding the ATB:

 

1 Whilst we recognize that our government has committed itself to provide appropriate domestic security legislation, we submit that the current form proposed is by and large driven by states such as the USA. The very nation who has espoused constructive engagement with racist South African now openly espouses destructive engagement. True or untrue, the overriding impression exists that these nations are driving the process of implementing this Bill, and using their permanent member status in he UN to secure unwitting

support from member states. That impression is unshakable, and carries with it the real risk that well intentioned countries like South Africa, in implementing the ATB, will be identified as part of America’s "alliance of the willing". As we have been obliged to legislate, sooner or later we will be obliged to adopt the United Nations and perhaps United States list of terrorist organisations. In doing so we would be adopting a selective political morality which undermines legitimate liberation organisations like the IRA and PLO.

2 The legislation fails to deal with the causes of terror; i.e. oppression, repression and the denial of human rights. As South Africans we realise that the political violence in Kwa- Zulu Natal was significantly minimised once open political debate and freedoms was established. The role Government has played in peace processes such as the DRC provides an exemplary example of the benefits of multilateralism. To achieve this, Government has had to be vigilant in adopting a neutral, non-partisan approach to this conflict. In so doing, it has been able to secure the trust and confidence of the antagonist in that conflict. The ATB

seriously undermines this approach as it provides for the "taking of sides" in a conflict scenario, alienating the "terrorist" organisation irrespective of the just

nature of its cause or the level of support it enjoys. Our government’s international political role as peace keeper and peace facilitator will be lost forever.

3. In South Africa, we are a free society. This real and perceived freedom has contributed in large measure to the reduction in political violence. Even parties with reactionary political views are allowed to operate, to seek public support for

their views and to openly dissent. While our society is charaterised by political, religious and ideological peace, legislation that does or is perceived to emasculate freedom may well create the instability the ATB seeks to prevent. It may foster the very evil it seeks to abolish.

4. As a Country and Government committed to eliminate all forms of discrimination, the declaration of terrorist organization, as provided for in the ATB, invoke a horrible sense of de' javu. It is reminiscent of our oppressive past, as it introduces classification as a basis for prosecution. Classifications of this sort are used to unfairly discriminate against people, reinforce prejudice and stereotyping and deny human rights. We have a right to human rights and the right to strive for those rights more concerning is the fact that the ATB provides for listing, but not delisting.

5. The ATB in its present form is open to abuse. Instead of limiting international conflict situations, it may lead to those conflicts being localized, as protagonist are invited to spy or misuse the provisions of the Bill to undermine their opponents. The ATB will not eliminate terrorist activities. All it does is to provide

destabilising forces with a cause to fight our Government and to conduct themselves in a covert manner.

6. Terrorism is not a legal term and cannot be defined in a socio-political vacuum. "One man’s terrorist is another man’s freedom fighter". The ANC and PAC were declared terrorist organisations under the Internal Security Act, and labeled as such by the United States. The ATB is a law that unwittingly entrenches the

power of unjust states by curtailing the legal space opponents of such states have to operate in. We submit that the international component to the Bill must be deleted as it undermines the policy of multilateralism, imposes selective political morality, and the government’s opportunity to promote peace in Africa and the rest of the world. To avoid this, the Bill should be restricted to banning acts of terror within South Africa.

7. The reach of the Bill too wide. Consider the following scenario:

Mr. X hijacks a vehicle in Highlands North. He has committed an unlawful act in South Africa. It is likely to intimidate a segment of the public. If prosecuted under the ATB, his offence would fall within the definition of a "terrorist act". Should the owner be a foreign diplomat, this would constitute an aggravating factor that a Court is obliged to take into account on sentencing. This is an affront to the Equality clause in our constitution.

8. By painting an organisation with the brush of terrorism, we undermine the good that the organisation does. As an example, an organisation declared as a "terrorist" organisation cannot operate a literacy centre, and citizens, with good intent, would be prevented from supporting such laudable activity.

9. Whilst we recognise the need to protect our citizens and state by enacting appropriate internal security legislation, we must submit that the ATB in the present form is not needed. It undermines existing law and can be used to allow the State to convict a citizen for membership rather than deed. The citizen is denied the right to a fair trial. Exactly what happened to many

South Africans, incarcerated because of their affiliation and support for the ANC and other liberation organisations. We cannot allow for any innocent person to face such suffering.

10. To be true to the cause of the international peace, requires that we be true to our political heritage and culture. It demands that we do not sacrifice our sovereignty by enacting legislation that entrenches the rule of oppressive states.

11. As a Government of the people we are obliged to place our own internal democratic processes and values above those imposed by international trends. We recognise South Africa’s importance in protecting and building the UN and AU, but our participation therein must be driven by the will of our people.

  1. As the Call of Islam, we hereby request to speak to our submissions by addressing the parliamentary portfolio committee. We also call upon our Government to initiate public hearings relating to this crucial legislation.

The ATB in its present form is entirely inappropriate to the human rights culture of our burgeoning democracy.