Programme of action against draft Anti-Terrorism Bill adopted

(FXI/IFEX) - The following is an FXI press statement:

Meeting adopts programme of action against the Draft Anti-Terrorism Bill

A forum has been established in Johannesburg to campaign against the proposed anti-terrorism legislation in South Africa. This forum, consisting of a wide range of civil society organisations that are deeply concerned about the implications of the Draft Anti-Terrorism Bill (2002), met in Johannesburg on 13 February 2003 and set in motion a process to campaign against the Bill's introduction in Parliament. The draft Bill has been prioritised for debate by Parliament during its first sitting this year. According to the government, the Bill will bring South African law into line with many other countries that have passed similar laws since the terrorist attacks in America on September 11, 2001.

The meeting noted that this is not the first time that the South African government is attempting to create a specific law to deal with terrorism in the country. About three years ago, the government introduced for discussion anti-terrorism legislation which immediately met with widespread condemnation and strong opposition because of what was regarded in many quarters as its serious infraction of fundamental rights and freedoms. It was viewed as an attempt to return the country to its repressive past by granting law enforcement agencies wide, arbitrary and over-reaching powers in relation to detecting, investigating and combating the crime of terrorism. This unexpectedly strong reaction forced the government to retract and shelve the Bill, but in the wake of the September 11 attacks, it has once again been revived and will soon be released for public comment.

The fundamental problem with this 'new' legislation is that it does not significantly deviate from its predecessor in any substantive sense. Its main thrust is that it impinges unduly on constitutional freedoms, criminalises recklessly, and moreover, is largely unnecessary. Among other things, it fails to define what is terrorism and presents instead a vague and extremely broad definition of what constitutes an act or acts of terrorism. In effect, this means that acts of terrorism will attract some of the most severe sanctions possible in law, on the basis of a concept that has not even been defined.

In a statement released to the media immediately after the meeting, the forum called on the government to allow all sectors in the country to substantively and sufficiently engage with the Bill. The group further cautioned against the possibility of fast tracking the draft legislation through Parliament in an attempt to deny the public sufficient time to read and understand what it portends for human rights and fundamental freedoms in South Africa and beyond.

The meeting noted that the need for the Bill has not been sufficiently demonstrated, especially given that there are enough laws to deal with many, if not all of the criminal activities which it seeks to sanction. The Forum pointed to the Minister of Safety and Security's remarks that the state had managed to 'break the back' of the right-wing threats against public order, and apprehend successfully those responsible for the spate of bombings in the country in 2002, as proof that there are enough laws to deal with terrorism. In principle, the meeting expressed strong opposition to the Bill, arguing that it does not serve the interests of South Africa and appears to be driven by motivations that are outside the immediate needs of the Republic.

Furthermore, the lobby noted that similar anti-terrorism legislation has been introduced by countries such as the United States, Canada, the United Kingdom, and the European Union, initially to outlaw Al Qaeda and associated individuals and organisations in the wake of September 11. However, the laws are now being used much more broadly to ban a range of legitimate national liberation movements and bona fide human rights organisations. These include organisations fighting for the liberation of Palestine and against US imperialism. These bannings are taking place in spite of the fact that numerous international instruments recognise the difference between national liberation struggles and terrorist acts. The meeting noted that it is problematic, and even contradictory, for the South African government to be furthering the geo-political interests of the United States government by abetting the banning of such organisations, while opposing the war in Iraq.

The forum said that it will be holding further meetings and put in place education, publicity and awareness campaigns across the country in order to ensure that there is sufficient public involvement with both the political and legislative process around the Bill.

Issued by Simon Kimani Ndung'u

The press statement was issued by the following organisations, which were part of those present at the meeting:

The Freedom of Expression Institute

The Media Review Network

Africa Muslims Agency

Media Workers' Association of South Africa

Southern Africa Journalists' Association

The Human Rights Media Institute