The international community’s attention to Kenya has been sharply focused on the upcoming March 2013 elections and preventing the type of horrific ethnic violence that surrounded the 2007 election. But other things, big things, are afoot.
On Monday, August 27, Muslim cleric Aboud Rogo Mohammad, who the United States had placed on its sanctions list in July, was gunned down in Mombasa, Kenya. The death sparked outrage from the Muslim community and led to violent protests. Rogo’s death followed a spate of other suspicious disappearances, as well as the death of another Kenyan who was alleged to have been involved in terrorist-related activities.
It’s uncertain who the assailants have been, but many suspect Kenyan government involvement, with some witnesses saying the abductors identified themselves as police.
To gain a better understanding of Rogo’s death and the Mombasa riots, I spoke with Al Amin Kimathi, a human rights activist who is the chair of the Muslim Human Rights Forum in Kenya.
Could you provide a description of your organization, the Muslim Human Rights Forum, and the work that it does?
The Muslim Human Rights Forum is a human rights organization based in the Muslim community, but we work with all civil society groups working on minority rights. The Muslim Human Rights Forum has focused a lot of attention on counterterrorism and human rights monitoring, which focuses on Kenya and the East Africa and the Horn of Africa regions. I work extensively on these issues and have been involved in counterterrorism and human rights investigations in the region, collaborating with local and regional civil society groups.
There are news reports out of Mombasa that a controversial cleric, Aboud Rogo Mohammad, was gunned down on Monday, August 27. At the time of his death he faced charges relating to terrorist activities. Since then there has been rioting in Mombasa. How much is known about what happened to Rogo, and who killed him?
The Muslim Human Rights Forum had been monitoring the legal proceedings against Rogo, as well and other terrorism-related trials in Kenya. Of those cases, around six defendants have disappeared before Rogo met his demise. Rogo and a colleague, Abubakar Shariff Ahmed, had concerns about their safety even before Rogo was killed. He reported his concerns to the police after someone attempted to abduct the two men while they were on their way to a court appearance in July. Then, about a week ago, Rogo reported to MHRF that his son was accosted by people who identified themselves as police from the Flying Squad, which is a unit that deals with motor vehicle theft and armed robberies. However, Rogo’s son was convinced they were really counterterrorism agents and identified them as having been involved in Rogo’s previous arrest. The police told the son that they were looking for his father and warned him not to give them a hard time or any headaches like his father did. Rogo had also recently been put on the U.S. sanctions list. In response, Rogo’s lawyer wrote a letter to the Kenyan government requesting what information the U.S. had against Rogo. The lawyer warned that he thought Rogo’s listing on the sanctions list could lead to his disappearance.
It’s difficult to say who killed Rogo. But when you look at circumstantial evidence, the pattern of events, the modus operandi, and the audacity with which the killing took place, it all points to the hand of the state. For example, in April of this year, activist and Islamic preacher Samir Hashim Khan and Mohammed Bekhit Kassim were abducted in Mombasa in broad daylight while on public transportation. Witnesses saw the two men taken away in two white Toyota Probox station wagons and, based on their behavior, the abductors were police officers. The body of Khan was found two days later 150 kilometers from Mombasa off a highway. His body was badly mutilated. Kassim, the other man, has still not been found or heard from. [Author’s note: Kenyan officials have denied involvement in Rogo’s death and instances of disappearances.]
Have there been incidents like this in the past? Why did this incident in particular spark rioting?
Rogo’s death was the immediate event that sparked the riots. But there were also demonstrations—though not bloody—when Samir Khan’s body was found. So there has been a build-up leading to the riots. The rioters were saying “enough is enough.” The disappearances and killings, taken together led to the riots.
What is the situation like in Mombasa currently? How bad is the rioting?
Behavior on both sides, the police and civilians, has been pretty bad. Rioters have gone to the extent of killing a man near a mosque in Mombasa. On Tuesday there was also a hand grenade thrown at police. Three churches were also torched down on Tuesday, and the churches are demanding compensation from government. There’s also been an unprecedentedly high-level of looting in Mombasa, including the burning of business and vehicles. This continued for two days. Then there was calm most of today, Wednesday, but there are now reports of one or two dead and several injuries from a grenade attack on police, which brought a renewed round of confrontation between police and rioters.
As for state security forces, in the Majengo area of Mombasa, which is the epicenter of rioting, the General Service Unit (GSU) mounted house-to-house searches for Muslim youths and rounded them up and put them into trucks. Twenty-four were taken to court this afternoon [Wednesday], but it’s not yet known what happened to others. The police also raided a hospital where Rogo’s wife was, and heavily armed police came onto the streets by the time Rogo was buried—which was 3 hours after his death.
This strong police presence so soon after the death didn’t go over well with the youths. It led to exchanges in stone throwing, tear gas, and live ammunition. There’s a lot of very high tension in Mombasa and the tension is spreading to Nairobi, though there aren’t any riots or demonstrations in the capital yet. But, for example, in a low income neighborhood, Pumwani Majengo, which has a large Muslim population, plainclothes police from various units have surrounded it. Pumwani Majengo is an area that authorities fear harbors al Shabaab members and they allege it’s a base for the Muslim Youth Center. [Author’s note: The MYC is an organization that a UN report labeled as contributing to recruiting for al Shabaab and setting up operational cells in Kenya.]
Has the situation gotten better, or will it get worse?
I am concerned that the situation will get worse after Friday prayers, where the youth might try to escalate their protests. Muslim, Christian, and political leaders have been urging calm, but the Mombasa youth is not following suit. The leaders who the youth listen to have not been sufficiently brought into the outreach efforts. Meanwhile, the police are being overly cautious, and are bringing out heavily armed units, which is enflaming the situation. There are fears of interreligious conflict if the situation isn’t properly handled. We are seeing very heated debates on the social media. The fact that churches were targeted is evidence of religious tensions. But Muslim and Christian leadership are trying to cool the tempers.
In your view, how should the government respond to these instances of killings and disappearances?
Now that the killings and disappearances took place, an investigation is needed. Prosecutors announced that there will be an investigation into Rogo’s death. The investigation will include people from the Kenyan Law Society and Kenyan Human Rights Commission. An investigation with independence and impartiality is a move in the right direction. Previous investigations without those qualities haven’t proven effective. There’s not a lot of credibility in them. The Muslim Human Rights Forum is calling for a Commission of Inquiry with judicial authority to inspire more confidence in the investigation. Also, Kenya must provide assurances that it does not use extrajudicial means to conduct its counterterrorism operations. Officials must be prosecuted is they were involved in any of those acts.
There has been a lot of debate in Kenya, starting all the way back in 2003, about passing an anti-terrorism legislation that would be discriminatory towards the Muslim community. This debate has picked up steam again and a bill is now with parliament for review. Some government officials say the bill has been amended to respond to its critics. Do you still have concerns with this bill?
I believe that we do need anti-terrorism legislation, but it must conform to the new constitution, including the bill of rights, and international human rights standards. In the past, civil society has prevented the adoption of anti-terrorism laws because of what they allowed the state to do. Currently, the draft bill still gives too much power [to the state], allows for no oversight, and allows for too many derogations of rights. Provisions on seizing property, intercepting communications, and clamping down on organizational activities goes against the freedom of assembly. There’s no judicial recourse for the law’s enforcement, and it criminalizes the lawyer-client relationship. I’m also concerned that the bill could be used not just for counterterrorism operations, but also to suppress political opposition. There are also a lot of newly discovered natural resources, like oil and gas, in Muslim populated areas, and there is concern that the laws could be used against Muslims in order to reap the benefits of those resources. We want to see provisions in the bill that punish unlawful counterterrorism activities. Anti-terrorism authorities have to be held accountable for their actions.
How do you view the role of international donors, such as the U.S. or U.K., in Kenya’s counterterrorism efforts?
In many ways, the Kenyan government has, in the past, overhyped terrorism to bring in donor funding, which then makes the Kenyan government take actions to show the donors that it’s doing something. Nonetheless, the donor community should be focused more on the social dynamics that result in terrorism rather than a militarized response. Specific attention should be given to marginalized populations, such as areas in northeastern Kenya with strong Muslim and ethnic Somali populations, the Coastal region, and poor neighborhood in urban centers, all of which are deprived areas needing economic assistance.
Source: ReliefWeb
Showing posts with label Terrorism. Show all posts
Showing posts with label Terrorism. Show all posts
Thursday, August 30, 2012
Sunday, August 26, 2012
Syria conflict: 'Scores of bodies found' near Damascus
Syrian opposition activists say scores of bodies have been found in a town near the capital Damascus, accusing government troops of "massacre". The activists say many of the victims in the town of Daraya had been "summarily executed". One unconfirmed report said more than 200 bodies were discovered in houses and basement shelters. Without commenting on the activists' claim, Syrian state TV said Daraya was being "purified of terrorist remnants".
'House-to-house' raids
The forces of President Bashar al-Assad launched an assault on the town on Saturday, after days of heavy bombardment. Activists on the ground later posted video footage on the internet, which apparently showed numerous bodies in the Abu Auleiman al-Darani mosque. The activists say that many of the victims had gunshot wounds to the head and chest and were killed during house-to-house raids by government troops. "Assad's army has committed a massacre in Daraya," an opposition member in Deraa told Reuters. The activist added that most of the victims had been killed from close range, and some died from sniper fire.
The Syrian Observatory for Human Rights, a UK-based opposition activist group, had earlier put the number of dead in Deraa at more than 120 for this week alone. The claims by the activists have not been independently verified because of restrictions placed on on foreign media across Syria.
Failed ceasefire
In a separate development, the head of the UN mission to Syria left the country after the mission had been wound up. Senegalese Lt Gen Babacar Gaye joined a UN convoy to Lebanon on Saturday. Last week, the UN decided against extending the mission, which was originally part of a six-point peace plan for Syria. However, the ceasefire mandated by the plan never took hold and rising violence forced the UN monitors to be confined to their hotels since June.
Source: BBC News
'House-to-house' raids
The forces of President Bashar al-Assad launched an assault on the town on Saturday, after days of heavy bombardment. Activists on the ground later posted video footage on the internet, which apparently showed numerous bodies in the Abu Auleiman al-Darani mosque. The activists say that many of the victims had gunshot wounds to the head and chest and were killed during house-to-house raids by government troops. "Assad's army has committed a massacre in Daraya," an opposition member in Deraa told Reuters. The activist added that most of the victims had been killed from close range, and some died from sniper fire.
The Syrian Observatory for Human Rights, a UK-based opposition activist group, had earlier put the number of dead in Deraa at more than 120 for this week alone. The claims by the activists have not been independently verified because of restrictions placed on on foreign media across Syria.
Failed ceasefire
In a separate development, the head of the UN mission to Syria left the country after the mission had been wound up. Senegalese Lt Gen Babacar Gaye joined a UN convoy to Lebanon on Saturday. Last week, the UN decided against extending the mission, which was originally part of a six-point peace plan for Syria. However, the ceasefire mandated by the plan never took hold and rising violence forced the UN monitors to be confined to their hotels since June.
Source: BBC News
Monday, March 29, 2010
Russia: Nothing Can Justify Moscow Metro Bombings
The attacks on the Moscow metro this morning represent an assault on the fundamental principle of respect for civilian life, and those responsible for this crime need to be found and held accountable, Human Rights Watch said today.
Two separate explosions hit one of the city's busiest metro lines during the morning rush hour. According to early reports, the explosions killed 37 people and wounded as many as 100. The first was at approximately 7:50 a.m. in a car of a train that had stopped at the Lubyanka station in the city center. The second, about 30 minutes later, was in the car of a train at the Park Kultury station.
"Terrorism is a repudiation of human rights," said Allison Gill, Moscow director at Human Rights Watch. "These abhorrent bombings attack the most fundamental right - the right to life."
Human Rights Watch urged the authorities to ensure that all law-enforcement operations aimed at bringing to justice those responsible for these attacks are conducted in full accordance with international human rights standards.
Human Rights Watch extends its deepest condolences to the victims, their families, and the city of Moscow.
Source: Human Rights Watch
Two separate explosions hit one of the city's busiest metro lines during the morning rush hour. According to early reports, the explosions killed 37 people and wounded as many as 100. The first was at approximately 7:50 a.m. in a car of a train that had stopped at the Lubyanka station in the city center. The second, about 30 minutes later, was in the car of a train at the Park Kultury station.
"Terrorism is a repudiation of human rights," said Allison Gill, Moscow director at Human Rights Watch. "These abhorrent bombings attack the most fundamental right - the right to life."
Human Rights Watch urged the authorities to ensure that all law-enforcement operations aimed at bringing to justice those responsible for these attacks are conducted in full accordance with international human rights standards.
Human Rights Watch extends its deepest condolences to the victims, their families, and the city of Moscow.
Source: Human Rights Watch
Tuesday, July 1, 2008
Mandela taken off US terror list
US President George W Bush has signed a bill removing Nelson Mandela and South African leaders from the US terror watch list, officials say. Mr Mandela and ANC party members will now be able to visit the US without a waiver from the secretary of state.
The African National Congress (ANC) was designated as a terrorist organisation by South Africa's old apartheid regime. A US senator said the new legislation was a step towards removing the "shame of dishonouring this great leader".
'Rather embarrassing'
Under the legislation, members of the ANC could travel to the United Nations headquarters in New York but not to Washington DC or other parts of the United States. US Secretary of State Condoleezza Rice had called the restrictions a "rather embarrassing matter that I still have to waive in my own counterpart, the foreign minister of South Africa, not to mention the great leader Nelson Mandela."
South Africa's apartheid government banned the ANC in 1960, imprisoning or forcing into exile its leaders. Mr Mandela, who turns 90 this month, was released in 1990 after spending 27 years in prison. He then became the country's first post-apartheid-era president, before retiring after serving one term in office.
Source: BBC News
The African National Congress (ANC) was designated as a terrorist organisation by South Africa's old apartheid regime. A US senator said the new legislation was a step towards removing the "shame of dishonouring this great leader".
'Rather embarrassing'
Under the legislation, members of the ANC could travel to the United Nations headquarters in New York but not to Washington DC or other parts of the United States. US Secretary of State Condoleezza Rice had called the restrictions a "rather embarrassing matter that I still have to waive in my own counterpart, the foreign minister of South Africa, not to mention the great leader Nelson Mandela."
South Africa's apartheid government banned the ANC in 1960, imprisoning or forcing into exile its leaders. Mr Mandela, who turns 90 this month, was released in 1990 after spending 27 years in prison. He then became the country's first post-apartheid-era president, before retiring after serving one term in office.
Source: BBC News
Friday, May 20, 2005
PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES ACT 33 OF 2004
The purpose Protection of Constitutional Democracy Against Terrorism and Related Activities Act is to provide for measures to prevent and combat terrorist and related activities; to provide for an offence of terrorism and other offences associated or connected with terrorist activities; to provide for Convention offences; to give effect to international instruments dealing with terrorist and related activities; to provide for a mechanism to comply with United Nations Security Council Resolutions, which are binding on member States, in respect of terrorist and related activities; to provide for measures to prevent and combat the financing of terrorist and related activities; to provide for investigative measures in respect of terrorist and related activities; and to provide for matters connected therewith.
WHEREAS the Republic of South Africa is a constitutional democracy where fundamental human rights, such as the right to life and free political activity, are constitutionally enshrined;
AND WHEREAS terrorist and related activities, in whichever form, are intended to achieve political and other aims in a violent or otherwise unconstitutional manner, and thereby undermine democratic rights and values and the Constitution;
AND WHEREAS terrorist and related activities are an international problem, which can only be effectively addressed by means of international co-operation;
AND WHEREAS the Government of the Republic of South Africa has committed itself in international fora such as the United Nations, the African Union and the Non-Aligned Movement, to the prevention and combating of terrorist and related activities;
AND WHEREAS the United Nations Security Council Resolution 1373/2001, which is binding on all Member States of the United Nations, as well as the Convention for the Prevention and Combating of Terrorism, adopted by the Organisation of African Unity, requires Member States to become Party to instruments, dealing with terrorist and related activities, as soon as possible;
AND WHEREAS the Republic of South Africa has already become Party to the following instruments of the United Nations:
(a) The Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963. The Republic became a Party thereto, by accession on 26 May 1972;
(b) the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970. The Republic became a Party thereto by ratification on 30 May 1972;
(c) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, concluded at Montreal on 23 September 1971. The Republic became a Party thereto by ratification on 30 May 1972;
(d) the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973. The Republic became a Party thereto by accession on 23 September 2003;
(e) the International Convention Against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979. The Republic became a Party thereto by accession on 23 September 2003;
(f) the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, adopted at Montreal on 24 February 1988. The Republic became a Party thereto by accession on 21 September 1998;
(g) the Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991. The Republic became a Party thereto by accession on 1 December 1999;
(h) the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997. The Republic became a Party thereto by ratification on 1 May 2003; and
(i) the International Convention on the Suppression of the Financing of Terrorism, adopted by the United Nations General Assembly on 9 December 1999. The Republic became a Party thereto by ratification on 1 May 2003;
AND WHEREAS the Republic of South Africa desires to become a Party to the following remaining instruments of the United Nations, not yet ratified or acceded to by the Republic:
(a) The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, adopted at Rome on 10 March 1988;
(b) the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms on the Continental Shelf, adopted at Rome on 10 March 1988; and
(c) the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 26 October 1979, and signed on behalf of the Republic on 18 May 1981;
AND WHEREAS the Republic of South Africa has become a Party by ratification, on 7 November 2002, to the Convention on the Prevention and Combating of Terrorism, adopted by the Organisation of African Unity at Algiers on 14 July 1999;
AND WHEREAS the United Nations Security Council from time to time passes resolutions under Chapter VII of the United Nations Charter, requiring Member States to combat terrorist and related activities, including taking effective measures to prevent and combat the financing of terrorist and related activities, and the freezing of funds, assets or economic resources of persons who commit terrorist and related activities;
AND WHEREAS our national laws do not meet all the international requirements relating to the prevention and combating of terrorist and related activities;
AND WHEREAS international law, and in particular international humanitarian law, including the purposes and principles of the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the said Charter recognizes acts committed in accordance with such international law during a struggle waged by peoples, including any action during an armed struggle, in the exercise or furtherance of their legitimate right to national liberation, self-determination and independence against colonialism, or occupation or aggression or domination by alien or foreign forces, as being excluded from terrorist activities;
AND REALISING the importance to enact appropriate domestic legislation necessary to implement the provisions of relevant international instruments dealing with terrorist and related activities, to ensure that the jurisdiction of the courts of the Republic of South Africa enables them to bring to trial the perpetrators of terrorist and related activities; and to co-operate with and provide support and assistance to other States and relevant international and regional organisations to that end;
AND MINDFUL that the Republic, has since 1994, become a legitimate member of the community of nations and is committed to bringing to justice persons who commit such terrorist and related activities; and to carrying out its obligations in terms of the international instruments dealing with terrorist and related activities.
Source: SABINET
WHEREAS the Republic of South Africa is a constitutional democracy where fundamental human rights, such as the right to life and free political activity, are constitutionally enshrined;
AND WHEREAS terrorist and related activities, in whichever form, are intended to achieve political and other aims in a violent or otherwise unconstitutional manner, and thereby undermine democratic rights and values and the Constitution;
AND WHEREAS terrorist and related activities are an international problem, which can only be effectively addressed by means of international co-operation;
AND WHEREAS the Government of the Republic of South Africa has committed itself in international fora such as the United Nations, the African Union and the Non-Aligned Movement, to the prevention and combating of terrorist and related activities;
AND WHEREAS the United Nations Security Council Resolution 1373/2001, which is binding on all Member States of the United Nations, as well as the Convention for the Prevention and Combating of Terrorism, adopted by the Organisation of African Unity, requires Member States to become Party to instruments, dealing with terrorist and related activities, as soon as possible;
AND WHEREAS the Republic of South Africa has already become Party to the following instruments of the United Nations:
(a) The Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963. The Republic became a Party thereto, by accession on 26 May 1972;
(b) the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970. The Republic became a Party thereto by ratification on 30 May 1972;
(c) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, concluded at Montreal on 23 September 1971. The Republic became a Party thereto by ratification on 30 May 1972;
(d) the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973. The Republic became a Party thereto by accession on 23 September 2003;
(e) the International Convention Against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979. The Republic became a Party thereto by accession on 23 September 2003;
(f) the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, adopted at Montreal on 24 February 1988. The Republic became a Party thereto by accession on 21 September 1998;
(g) the Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991. The Republic became a Party thereto by accession on 1 December 1999;
(h) the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997. The Republic became a Party thereto by ratification on 1 May 2003; and
(i) the International Convention on the Suppression of the Financing of Terrorism, adopted by the United Nations General Assembly on 9 December 1999. The Republic became a Party thereto by ratification on 1 May 2003;
AND WHEREAS the Republic of South Africa desires to become a Party to the following remaining instruments of the United Nations, not yet ratified or acceded to by the Republic:
(a) The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, adopted at Rome on 10 March 1988;
(b) the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms on the Continental Shelf, adopted at Rome on 10 March 1988; and
(c) the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 26 October 1979, and signed on behalf of the Republic on 18 May 1981;
AND WHEREAS the Republic of South Africa has become a Party by ratification, on 7 November 2002, to the Convention on the Prevention and Combating of Terrorism, adopted by the Organisation of African Unity at Algiers on 14 July 1999;
AND WHEREAS the United Nations Security Council from time to time passes resolutions under Chapter VII of the United Nations Charter, requiring Member States to combat terrorist and related activities, including taking effective measures to prevent and combat the financing of terrorist and related activities, and the freezing of funds, assets or economic resources of persons who commit terrorist and related activities;
AND WHEREAS our national laws do not meet all the international requirements relating to the prevention and combating of terrorist and related activities;
AND WHEREAS international law, and in particular international humanitarian law, including the purposes and principles of the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the said Charter recognizes acts committed in accordance with such international law during a struggle waged by peoples, including any action during an armed struggle, in the exercise or furtherance of their legitimate right to national liberation, self-determination and independence against colonialism, or occupation or aggression or domination by alien or foreign forces, as being excluded from terrorist activities;
AND REALISING the importance to enact appropriate domestic legislation necessary to implement the provisions of relevant international instruments dealing with terrorist and related activities, to ensure that the jurisdiction of the courts of the Republic of South Africa enables them to bring to trial the perpetrators of terrorist and related activities; and to co-operate with and provide support and assistance to other States and relevant international and regional organisations to that end;
AND MINDFUL that the Republic, has since 1994, become a legitimate member of the community of nations and is committed to bringing to justice persons who commit such terrorist and related activities; and to carrying out its obligations in terms of the international instruments dealing with terrorist and related activities.
Source: SABINET
PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES ACT 33 OF 2004
The purpose of the PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES ACT 33 OF 2004 is to provide for measures to prevent and combat terrorist and related activities; to provide for an offence of terrorism and other offences associated or connected with terrorist activities; to provide for Convention offences; to give effect to international instruments dealing with terrorist and related activities; to provide for a mechanism to comply with United Nations Security Council Resolutions, which are binding on member States, in respect of terrorist and related activities; to provide for measures to prevent and combat the financing of terrorist and related activities; to provide for investigative measures in respect of terrorist and related activities; and to provide for matters connected therewith.
PREAMBLE
WHEREAS the Republic of South Africa is a constitutional democracy where fundamental human rights, such as the right to life and free political activity, are constitutionally enshrined;
AND WHEREAS terrorist and related activities, in whichever form, are intended to achieve political and other aims in a violent or otherwise unconstitutional manner, and thereby undermine democratic rights and values and the Constitution;
AND WHEREAS terrorist and related activities are an international problem, which can only be effectively addressed by means of international co-operation;
AND WHEREAS the Government of the Republic of South Africa has committed itself in international fora such as the United Nations, the African Union and the Non-Aligned Movement, to the prevention and combating of terrorist and related activities;
AND WHEREAS the United Nations Security Council Resolution 1373/2001, which is binding on all Member States of the United Nations, as well as the Convention for the Prevention and Combating of Terrorism, adopted by the Organisation of African Unity, requires Member States to become Party to instruments, dealing with terrorist and related activities, as soon as possible;
AND WHEREAS the Republic of South Africa has already become Party to the following instruments of the United Nations:
(a) The Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963. The Republic became a Party thereto, by accession on 26 May 1972;
(b) the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970. The Republic became a Party thereto by ratification on 30 May 1972;
(c) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, concluded at Montreal on 23 September 1971. The Republic became a Party thereto by ratification on 30 May 1972;
(d) the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973. The Republic became a Party thereto by accession on 23 September 2003;
(e) the International Convention Against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979. The Republic became a Party thereto by accession on 23 September 2003;
(f) the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, adopted at Montreal on 24 February 1988. The Republic became a Party thereto by accession on 21 September 1998;
(g) the Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991. The Republic became a Party thereto by accession on 1 December 1999;
(h) the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997. The Republic became a Party thereto by ratification on 1 May 2003; and
(i) the International Convention on the Suppression of the Financing of Terrorism, adopted by the United Nations General Assembly on 9 December 1999. The Republic became a Party thereto by ratification on 1 May 2003;
AND WHEREAS the Republic of South Africa desires to become a Party to the following remaining instruments of the United Nations, not yet ratified or acceded to by the Republic:
(a) The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, adopted at Rome on 10 March 1988;
(b) the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms on the Continental Shelf, adopted at Rome on 10 March 1988; and
(c) the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 26 October 1979, and signed on behalf of the Republic on 18 May 1981;
AND WHEREAS the Republic of South Africa has become a Party by ratification, on 7 November 2002, to the Convention on the Prevention and Combating of Terrorism, adopted by the Organisation of African Unity at Algiers on 14 July 1999;
AND WHEREAS the United Nations Security Council from time to time passes resolutions under Chapter VII of the United Nations Charter, requiring Member States to combat terrorist and related activities, including taking effective measures to prevent and combat the financing of terrorist and related activities, and the freezing of funds, assets or economic resources of persons who commit terrorist and related activities;
AND WHEREAS our national laws do not meet all the international requirements relating to the prevention and combating of terrorist and related activities;
AND WHEREAS international law, and in particular international humanitarian law, including the purposes and principles of the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the said Charter recognizes acts committed in accordance with such international law during a struggle waged by peoples, including any action during an armed struggle, in the exercise or furtherance of their legitimate right to national liberation, self-determination and independence against colonialism, or occupation or aggression or domination by alien or foreign forces, as being excluded from terrorist activities;
AND REALISING the importance to enact appropriate domestic legislation necessary to implement the provisions of relevant international instruments dealing with terrorist and related activities, to ensure that the jurisdiction of the courts of the Republic of South Africa enables them to bring to trial the perpetrators of terrorist and related activities; and to co-operate with and provide support and assistance to other States and relevant international and regional organisations to that end;
AND MINDFUL that the Republic, has since 1994, become a legitimate member of the community of nations and is committed to bringing to justice persons who commit such terrorist and related activities; and to carrying out its obligations in terms of the international instruments dealing with terrorist and related activities, [the act is therefore promolgated].
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