[lg policy] South Africa: Afrikaner: FF+ UPR Submission to the UN Forum on Minority Issues
Harold Schiffman
hfsclpp at GMAIL.COM
Sat Nov 14 15:13:26 UTC 2009
Afrikaner: FF+ UPR Submission to the UN Forum on Minority Issues
Friday, 13 November 2009
The Freedom Front Plus (FF Plus) welcomes the invitation to make a
submission to the UN Forum on Minority Issues.
SUBMISSION: MINORITIES AND POLITICAL PARTICIPATION as requested by:
FORUM ON MINORITY ISSUES, 12 AND 13 NOVEMBER 2009
PALAIS DES NATIONS, GENEVA
1. Introduction
The Freedom Front Plus (FF Plus) welcomes the invitation to make a
submission to the UN Forum on Minority Issues (Minority Forum, hence
abbreviated as MF), which takes place on 12 and 13 November 2009.
1.2 FF Plus was formed as a political party at the dawn of the new
democratic dispensation in the RSA in 1994, to accommodate the
political interests of the Afrikaner community, in particular that
segment which feels strongly about the maintenance of its cultural
heritage and its right to self-determination.
As a political party the FF Plus affords its supporters the
opportunity to demonstrate their support for its ideals, by taking
part in the national, provincial and local elections as well as
elections for Student Representative Councils at University campuses.
As such the FF Plus is best suited to serve as a political
Representative Body for the Afrikaner as a minority group in SA on all
three spheres of government.
1.3 On 23 April 1994, four days before the first democratic election
in the Republic of South Africa, the FF Plus entered into an Accord
with the then National Party government and the ANC, committing itself
to a process of dialogue with the to-be-elected democratic government.
This Accord included amongst others the following terms:
1.3.1 The parties agreed to address, through a process of
negotiation, the idea of Afrikaner Self-determination, including the
concept of a Volkstaat (Territorial Self Determination).
1.3.2 The parties further agreed that in consideration of these
matters, they shall not exclude the possibility of local and/or
regional and other forms of expression of such self-determination.
1.3.3 They agreed that negotiations should be guided by the need to
be consistent with and shall be governed by the requirement to pay due
consideration to Constitutional Principle 34, and other provisions of
the Constitution of the Republic of South Africa Act 200 of 1993 as
amended.
1.3.4 There must be proven support for the idea of self-determination
including the concept of a Volkstaat.
1.3.5 The parties agreed that a Volkstaatraad shall be established to
investigate and report to the Constitutional Assembly and the
Commission on Provincial Government on measures which can give effect
to the idea of Afrikaner self-determination including the concept of a
Volkstaat.
1.3.6 The parties further agreed that they will address all matters
of concern to them through negotiations and that this shall not
exclude the possibility of international mediation to help resolve
such matters as may be in dispute and/or difficult to conclude.
1.4 In the elections of 1994, FF Plus succeeded in accomplishing the
requirement for substantial proven support as contemplated in item
3.1.1 of the Accord.
1.5 Furthermore, the so-called Volkstaat Council was indeed
established. After its submission to government was finalized, it
became functus officio and dissolved in 1999. The FF Plus as well as
the Volkstaat Council fully participated in the process to compile a
Constitution that would replace the interim Constitution. In the
period between April 1994 and 1996 the FF Plus submitted a wide range
of proposals to the Constitutional Committee. These proposals were
also subjected to intensive debate which was eventually concluded to
be reflected in the RSA Constitution of 1996. The relevant sections
which now contain our proposals are the following:
1.5.1 Section 30: Language and Culture
Everyone has the right to use the language and to participate in the
cultural life of their choice, but no one exercising these rights may
do so in a manner inconsistent with any provision with the Bill of
Rights.
1.5.2 Section 31: Cultural, Religious and Linguistic Communities
(1) Persons belonging to a cultural, religious or a linguistic
community may not be denied the right, with other members of that
community –
(a) To enjoy their culture, practice their religion and use their language; and
(b) To form, join and maintain cultural, religious and linguistic
associations and other organs of civil society
(2) The rights in sub-section (1) may not be exercised in a manner
inconsistent with any provision with the Bill of Rights
1.5.3 Section 185: Commission for the Promotion and Protection of the
Rights of Cultural, Religious and Linguistic Communities
(1) The primary objects of this Commission are
(a) To promote respect for the rights of cultural, religious and
linguistic communities;
(b) to promote and develop peace, friendship, humanity, tolerance and
national unity among cultural, religious and linguistic communities,
on the basis of equality, non-discrimination and free association; and
(c) to recommend the establishment and recognition, in accordance with
national legislation, of a cultural or other council or councils for a
community or communities in South Africa
(2) The Commission has the power, as regulated by national
legislation, necessary to achieve its primary objects, including the
power to monitor, investigate, research, educate, lobby, advice and
report on issues concerning the rights of cultural, religious and
linguistic communities.
(3) The Commission may report any matter which falls within its powers
and functions to the Human Rights Commission for investigation.
(4) The Commission has the additional powers and functions prescribed
by National Legislation.
1.5.4 Section 235: Self Determination
The right of the South African people as a whole to
self-determination, as manifested in this Constitution, does not
preclude, within the framework of this right, recognition of the
notion of the right to self-determination of any community sharing a
common cultural and language heritage, within the territorial entity
in the Republic or in any other way, determined by national
legislation.
Please note that the word “minority” or the words “minority group”
does not appear in the South African Constitution of 1996.
1.6 Being an ethnic minority – about 2 million out of a population of
50 million – the Afrikaner people is experiencing an increasing
violation of its cultural, economic and political rights, the latter
being under severe strain, not being properly reported in the media
and with a government pretending to listen, but effectively ignoring
the Afrikaner’s (and other ethnic, religious and cultural groups)
right to self-determination, in a province, a state or any other
territorial entity. Although our Constitution provides for the right
to use of languages and to enjoy cultural life of ones choice (S.30)
and the enjoyment of cultural, religious and linguistic rights (S.31)
and allows for the recognition of the right to self-determination
(S.235) these provisions remain just mere sections in the
Constitution. Efforts by the FF Plus (and other organs of the civil
society) to have these provisions applied in practice are being
stifled by the ANC dominated government. The future existence of the
Afrikaner people, who are living, working and striving in this country
since 1652, is increasingly under threat.
1.7 Under the pretext of transformation, many Afrikaners and members
of minorities in South Africa are being denied admission to
specialised fields of study in academic institutions and occupations
(such as medicine). Please take note of the discriminatory rules and
regulations proclaimed by the University of Cape Town for the
admission of students from the different population groups – these
admissions discriminate blatantly against the White minority. In
brief these regulations require:
Potential students applying to study a degree in medicine, must prove
that they have obtained, in the last examinations of their final
Secondary School year, an average total percentage as follows:
Black students to have an average of 74%, Coloured students 78%,
Indian students 88% and White students 91%.
Affirmative action is regarded as one of the main reasons for the
exodus of Afrikaners from South Africa. According to reliable
statistics as many as one million South Africans, mostly Afrikaners,
emigrated to countries like the UK, Australia, New-Zeeland, Canada and
the USA since 1994.
1.8 Name changing of places with Afrikaner-historical connections
(Pretoria, Potchefstrom, Louis Trichard etc) is being forced through
at all costs. The local community of the town Louis Trichardt in the
northern parts of South Africa recently had to approach the Supreme
Court of Appeal at huge costs to overturn a decision by government to
change the name of the town to Makhado without prior consultation.
The Court upheld the appeal of the local community of Louis Trichardt.
1.9 One of the only few remaining Afrikaans medium state-controlled
schools in South Africa, the Ermelo High School, was recently forced
to change its language policy to that of dual-medium for more or less
100 English-speaking learners. This happened despite the fact that a
number of neighboring English-medium schools is underutilized.
1.10 Disillusioned, frustrated and disappointed, the FF Plus prepared
to access an international forum where it could exercise expression
and enforcement of its aspirations and rights in order to contribute
to the promotion of peace based on genuine mutual respect and
understanding in South Africa.
1.11 In May 2008 the FF Plus was unanimously accepted as member of
the Unrepresented Nations and Peoples Organization (UNPO) based in The
Hague representing 200 million people and 70 Peoples and Nations. UNPO
liaises with the UN and the EU and facilitates through these
organisations the attendance of members-peoples and nations- to
international events. The expenses for attendance need however to be
borne by members of UNPO themselves; something which up to now
prevented FF Plus to utilise all the available events.
1.12 Therefore the FF Plus further comments on the indicated issues
for consideration:
2. Issues for Consideration:
2.1 Participation and Discrimination
South Africa is a country which has 11 (eleven) official languages
which ipso facto is an admission of the reality of eleven minority
groups, de facto, however, English , for practical purposes is the
dominant language.
The perception exists that the acknowledgement of eleven official
languages is not sincere and just pacifies the relevant minorities. A
further perception is that in a majoritarian democracy, the government
sets the tune and either the other minority groups defer or are
excluded from effective and meaningful participation in the political
processes and government institutions. The result is that English is
regarded as the “Language of Business” which forces all citizens to
communicate with the government in English.
2.2 Meaningful Representation and Empowerment
Granting minimum concessions to appease demands or interests of
minorities tend to create frustration within the minority.
Representation of a minority should be meaningful to the extent that
the minority is empowered to achieve something through such
representation for itself.
2.3 Obstacles of Minorities Political Participation
The South African Constitution provides adequately for suffrage,
citizenship and running for elections. The FF Plus is of the opinion
that voter education is up to standard. The location of voter
registration points and polling stations should be as far as possible
in close proximity of local and minority community’s places of
residence. Minorities often become reluctant to participate in the
polling process if registration and voting stations are not easily and
safely accessible. Some feel estranged and withdraw from the process
and any participation in public affairs, particularly if the majority
simply overwhelms the minority by numbers.
If the population register is used to compile the voters list and
voters can vote electronically, all voters, minorities included, could
be lured to vote and a more accurate result of voter’s choices could
be achieved.
2.4 Impact of Different Electoral Systems
The proportional system is the only system which could accommodate
minorities effectively. If minorities are geographically
concentrated, the delimitation of electoral districts could be
considered. Fortunately the proportional system of elections is
functioning well in the Republic of South Africa. Where apathy
amongst voters are experienced, it remains the duty of the Political
Parties to mobilize the voters of their own communities
2.5 Possible Institutions/bodies which could Address Obstacles to
Minorities Participation in Political life
A ministry of Minority Affairs could be a very applicable solution to
impact positively on the issue of minority – interests, while an
Ombudsman on minority interests could be a wise decision, provided
however that such an Ombudsman really must act as such.
A situation can be envisaged where two or more minorities clash with
one another about something in which case the Ombudsman can fulfill a
very important function. Representative institutions like Parliament,
provincial legislatures and local authorities can indeed reach out to
minorities to get acquainted with issues of interest in a minority
community, regardless of whether such community/minority has an
elected representative or not.
2.6 Role of Political Parties
The only effective way for any minority to determine its support is by
means of general and or local government elections. Cultural,
linguistic or religious minorities should choose or establish a
political party to take part in elections and to represent that
minority group on the relevant government level. At the moment the FF
Plus is the only Afrikaner Political Party that actively participates
in all the elections in all 3 spheres of government in the country.
2.7 Role of Minority Groups
There are areas of minority activity where persons belonging to that
minority may and do differ in its convictions and views about issues
which transcend party political activities e.g. schools, churches,
business associations, farming societies etcetera. If a minority
wishes to maintain and develop its own cultural, religious and
linguistic heritage the onus will always rest on the minority group
itself. These groups therefore have to elect and develop their own
leadership in order to maintain itself in a modern state.
2.8 Quotas, Reserved Seats or other Mechanisms Ensuring Representation
of Minorities
These mechanisms do not exist in South Africa at the moment. To
provide for these mechanisms would require major constitutional
amendments which in South Africa is not feasible at all. Those
minorities which do not have representation through elected
representatives on national, provincial and local levels should be
able to elect their own representatives amongst themselves.
Fortunately the present Constitution (Section 185) provides the
mechanism for the establishment of the specific Councils; minorities
should follow this avenue to create a representative body if
necessary. Respective governments should be responsible to assist
these minorities financially and otherwise.
2.9 Cultural Autonomy and Self Governance
In spite of the good intentions contained in the relevant sections of
the RSA Constitution of 1996 regarding Self Determination, very little
of these have materialized since 1994. The present ANC government
intends to maintain and increase its power in all spheres of life in
the country.
2.10 Related Issues
The most important matter in this regard is minority access to the
media, printed and electronic. The playing field is not level once
access in the media comes to play. Smaller parties representing
minorities simply do not get an equitable financial share to fight
elections. This explains why in the recent elections the smaller
parties generally lost support. They simply do not have the financial
means to compete with the stronger and greater parties and thus the
interest of minorities are not properly represented and they are too
small to determine the outcome of decisions in a majoritarian
democracy. This often resulted in a sort of dictatorship of the
majority Party.
3. Application of the Indicated Framework Themes to the three Core
Elements for Discussion: a Synopsis.
3.1 Challenges and Problems facing Minorities and States
a. Lack of financial and organisational means to create and sustain
effective minority organisations.
b. Tendency to withdraw from the political and social fabric of the
national/provincial/local activities.
3.2 Good Practices Re: Minorities and Political Participation:
a. Study and internalize all relevant international documentation,
especially those proclaimed by the United Nations regarding the Rights
of Minorities; governments should ratify all these declarations.
b. Identify minorities in the nation State and acknowledge them by
means of legislation/accords/agreements.
c. Start a multi-minority state negotiation process to identify
pitfalls, opportunities and solutions, and establish a special
permanent commission with the sole purpose of maintaining the Rights
of Minorities.
d. Government should always directly consult minorities when policy
matters of any sphere of government tends to negatively impact on
issues important to any minority such as language policy at
educational institutions, name changes, policing services and
government offices.
e. Government should always be reminded that satisfied minorities
contribute to the maintenance of stability in the country.
3.3 Opportunities, Initiatives and Solutions
These aspects overlap with issues raised in 3.2 above. However,
agreements should be honored pacta sunt servanda. To ignore this tends
to estrange a minority with unwanted consequences.
4. Ways and means to Increase Effective Participation of Minorities in
Policy – and Decision Making Procedures and Institutions.
a. Nation States must commit themselves by means of a political
decision to acknowledge minorities and to provide for their
participation in policy and decision making.
b. Existing international protocols and agreements regarding
minorities must be honoured by governments of Nation States.
c. Engage in a perpetual interaction with the minority groups;
minorities must be persuaded and encouraged to form representative Non
Governmental Organizations in all sphere’s of life, even if it means
government’s financial support.
DR FRIK VAN HEERDEN; DR CORNè MULDER AND COL PIET UYS
COMMITTEE FOR INTERNATIONAL AFFAIRS: FREEDOM FRONT PLUS
http://www.unpo.org/content/view/10334/89/
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