Transcript of speech by Minister of Small Business Development, Lindiwe Zulu, in the Debate on Matter of Public Importance: The Implications of the Attendance and Departure of President Omar Al-Bashir from the African Union Summit in South Africa, National Assembly, Cape Town, Tuesday, July 23 2015

The MINISTER OF SMALL BUSINESS DEVELOPMENT: Deputy Speaker and hon members of the House, we are proud members of the ANC. [Interjections.] The decisions that were taken were collective decisions by the Cabinet of President Jacob Zuma who leads the ANC. [Interjections.]

Today, we are inspired by the visit of the Cuban 5 and, therefore, a Fidel Castro quote should not come as a surprise. It will come as a surprise for those who do not know how we got here. In 1953, Fidel Castro, whilst defending himself, stated:

I know that imprisonment will be harder for me than it has ever been for anyone, filled with cowardly threats and hideous cruelty. But I do not fear prison, as I do not fear the fury of the miserable tyrant who took the lives of seventy of my comrades. Condemn me. It does not matter. History will absolve me.

As we today debate this matter, I particularly recall this statement, especially because I am thinking of all the condemnation and noise that has been made by those who are bent on distorting our hard-earned commitment to human rights and respect for the rule of law. [Interjections.] We say to you: History will absolve us. [Interjections.]

South Africa’s track record of contributing to finding lasting and peaceful solutions to the challenges faced by the continent speaks for itself. Again, I will proudly say that history will absolve us. From its inception in 1962, the Organisation of African Unity was founded to promote the unity and cohesion of the continent and, more specifically, to rid the continent of colonialism and apartheid. The road has never been easy; neither did we think it was going to be easy.

Our interventions in the Burundi peace process, the Democratic Republic of the Congo and the Great Lakes area, as well as our facilitation process in Zimbabwe, Lesotho, Madagascar and ongoing efforts to resolve the conflict in South Sudan, as led by Deputy President Cyril Ramaphosa as a special envoy to South Sudan, are indicative of our commitment to the promotion of peace, stability and development on the continent. We do this because South Africa’s developmental trajectory is inextricably linked to that of our continent. [Applause.]

Furthermore, our foreign policy is directly premised on the prioritisation of the African Agenda, and we continue to redouble our efforts towards the realisation of an integrated, prosperous and peaceful Africa, driven by its own citizens, representing a dynamic force in the global arena. From its inception, the African Union, AU, has exercised the socioeconomic development of the continent and her ability to resolve postcolonial conflict because, as Africans, we recognise that peace and stability are integral parts of Africa’s renewal.

From a mediation point of view, the attempt to superordinate the justice element over all others serves counterproductive ends, as the belligerents have no incentive to settle disputes for fear that they will locked up the day after the resolution of the conflict. It was appreciation of this reality ... may I repeat this: It was appreciation of this reality that informed the ANC to make necessary accommodations to the apartheid leaders who, by the way, had we taken a different route, some of the members of this House would not be sitting where they are sitting right now. [Applause.] [Interjections.] 

Indeed, Africa’s newest state, the Republic of South Sudan, would not be in existence today had the parties placed the issue of justice above all others. This does not mean that there is no role for justice for the victims of conflict. It means that recognising the complexities –I know many of the members who sit in this House have no clue of the complexities of the African continent – it is best to address the question of justice in the context of a political settlement. [Interjections.]

It is important for us, as Africans, to learn from each other in terms of peace-building efforts. As South Africa, we might have placed more emphasis on justice than peace. If that had been the case, I repeat again, some of the members who are proudly called “honourable members” today would not have been sitting in this House today. [Applause.] [Interjections.]

We must also recognise that part of the challenges facing the region that we are talking about, and continent as a whole, today is still premised on colonial injustices imposed on our people. As a continent, we therefore remain resolute to our common cause of peace, security, development and the collective nature in which we have always endeavoured to achieve our development. We continue to support our commission and its organs in its efforts create a better Africa and a better world.

I wish to remind this House that South Africa was instrumental in the establishment of the International Criminal Court, ICC. We are one of the 123 members of the Rome Statute, of which 34 member states are Africa. This, in fact, makes the largest number of signatories to the ICC from the African continent. This certainly reaffirms the continent’s commitment to peace, human rights and upholding the rule of law against perpetrators of human rights, war crimes and crimes against humanity. [Interjections.]

Largely as a result of our own efforts – again, many of the members who sit in this House have never bothered to follow our efforts when it comes to the issues of the African Union. Today, they can focus on President Al-Bashir. If you were to ask them about other issues that are related to the African continent and the challenges faced by the African continent, they would never have an answer for that. [Interjections.]

As African member states, we must increase our efforts in strengthening our own institutions, in particular the African Court on Human and Peoples’ Rights, and more countries must ratify the protocol to ensure that our people gain confidence in our institutions and that we find African solutions that best address African challenges. I am sure, hon members, some members on this side of the House wish we were talking about the European Union, EU, rather than the AU. We are here talking about the AU. [Applause.] [Interjections.]

It should be recalled that upon the issuance of the warrant of arrest by the ICC for President Al-Bashir in 2009, the AU submitted a request to the United Nations Security Council requesting a deferral – a deferral – of the ruling of the ICC in terms of article 16 of the Rome Statute, which allows the UN Security Council to do so as the entity that referred the case to the ICC.

The decision by the AU to submit the request for deferral was informed by the peace initiative in the Sudan which, in the view of the AU, was at a delicate stage in building confidence among parties, with President Al-Bashir instrumental in that. Confidence among parties is something that some of the parties on the other side of the House will never understand.

In the view of the AU, having Al-Bashir indicted would have jeopardised the process. It should be recalled that South Africa was and still is involved in the peace initiative through her troops and negotiations. As such, South Africa was instrumental in the decision to get a deferral by the ICC through the United Nations.

In July 2012, at its Ordinary Summit held in Sirte, which, by the way, I attended, the African Union took a decision that it would not co-operate with the ICC. I repeat: The African Union took a decision that it would not co-operate with the ICC. [Interjections.]

This decision was taken as a result of the ICC’s refusal to address legitimate and fundamental concerns of the AU regarding some of its indictments, especially the one of President Al-Bashir, and some of the members who have spoken here have said so. The AU pronounced that it—

... deeply regrets that the request by the African Union to the UN Security Council to defer the proceedings initiated against President Al-Bashir of the Sudan in accordance with article 16 of the Rome Statute of the ICC, has neither been heard nor acted upon, and in this regard, reiterates its request to the UN Security Council.

Furthermore, it—

... decides that in view of the fact that the request by the African Union has never been acted upon ...

I wonder whether members have bothered themselves about that—

... the AU member states shall not co-operate pursuant to the provisions of article 98 of the Rome Statute.

Can these members really think we are going to arrest a head of state? They must think again. [Time expired.] [Applause.]

Source: Unrevised transcript, Hansard.