Letter to President Zuma from the Russell Tribunal

The letter below was sent to President Zuma, correctiong some material errors in the letter sent by the Russell Tribunal that appears in the right hand column below

Click here for an article in the TIMES about the above correspondence

Click here for more on the Russell Tribunal

To His Excellency
President of the Republic of South Africa, Jacob Zuma
November 8, 2011

Excellency,

Member of Israel parliament (Knesset), MK Haneen Zoabi

I refer to the letter sent to you on behalf of the recent Russell Tribunal held in Cape Town that was organized by Mr. Terry Crawford-Browne. My purpose in writing to you is to correct material errors of fact contained in their letter.

1.        MK Haneen Zoabi has definitely NOT been subjected to reprisals or even criticism for opposing apartheid. That claim is a blatant misrepresentation of fact, typical of some of the statements by witnesses at the Tribunal.

2.        Nobody in Israel is penalized for expressing opinions and I am proud to live in a country that encourages freedom of speech and in which many human rights organizations that are extremely critical of the government, operate freely. Several Jewish and Arab Israelis who, in addition to MK Zoabi, gave evidence to the Tribunal strongly critical of Israel, have absolutely nothing to fear on their return to Israel. It is because of this freedom of speech in Israel that they are so open in publicly expressing their strong criticisms.

3.        MK Zoabi�s case is different. The objection raised by a few people is not her criticism of the government, but her incitement to overthrow the state. She openly encourages a third intifada and advocates boycotts and divestment against Israel. She was aboard one of the flotilla ships that attempted to break the joint Egyptian/Israeli blockade of Gaza.

4.        I believe that in South Africa as in most countries, a loyalty oath is required when members of parliament are sworn in. Although I personally do not support it, one can understand the motivation behind the suggestion to deprive Zoabi of citizenship, not because of her opposition to apartheid, but because of disloyalty to her office as a member of parliament.

5.        In the circumstances it is obvious that the request that you communicate with the Israel government in this matter is superfluous, based as it is on faulty information.

6.        Whilst writing I take the opportunity to assure you Sir, that there is no apartheid in Israel and I attach a copy of an open letter that I wrote to the chairman of the Russell Tribunal.

It would indeed be a great event if you decided to visit Israel to see what this little democratic state is all about.

7.        I would appreciate an acknowledgment

Respectfully,
Maurice Ostroff

Letter to President Zuma by the Russell Tribunal

HE Jacob Zuma

President of the Republic of South Africa

Cape Town South Africa

Cape Town, 7 November 2011

Dear Mister President,

On 5-6 November 2011 we held our third session in Cape Town, hosted by the District Six museum.

Yesterday afternoon it came to our attention that at least one witness who has given evidence to the Tribunal this weekend has been subjected to reprisals because she has opposed apartheid. Haneen Zoabi, a Member of Knesset (Israeli Parliament) gave evidence to the Tribunal yesterday, Sunday 6th November 2011, and within hours of doing do so was reportedly the subject of a formal application to the Knessets Ethics Committee to strip her of her Israeli citizenship. The media reports of that application make it clear that it is based on the fact of her testimony to the Tribunal. We fully appreciate that the proposed action against MK Zoabi is currently initiated by another MK, which at the time of this letter has not received the support of the Israeli Government and has not been the subject of decision by the Knesset. However, the very fact of such a formal step may effectively achieve its principal purpose: to chill public debate on the issue of Israeli apartheid.

This weekend, we heard evidence from many witnesses in order to assist us in answering the following question: Are Israeli practices against the Palestinian people in breach of the prohibition on apartheid under international law? (We also heard evidence concerning the crime against humanity of persecution). In due course, we shall send you the Tribunals findings on Israeli apartheid and persecution. We heard testimony from many witnesses who live under Israeli jurisdiction, from both Israel and the territories occupied by Israel since 1967. The full list of those witnesses is attached as an annex to this letter.

As you know, Article 2 of the 1973 Convention on the Suppression and Punishment of the Crime of Apartheid (the Apartheid Convention) provides as follows:

For the purpose of the present Convention, the term the crime of apartheid, which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them: () Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid.

It is clear that anyone who opposes apartheid, including what they believe to be apartheid, must never be persecuted for simply expressing that opposition or providing evidence to any tribunal in that regard. Despite this clear prohibition, yesterdays developments regarding MK Zoabi indicate that witnesses to the Tribunal face the real and immediate risk of being victims of the inhuman act of persecution for opposing apartheid.

We are concerned that the initiative taken openly against MK Zoabi may well not be an isolated act of persecution and that each and every witness who provided the Tribunal with their testimony will face measures seeking to deprive them of fundamental rights and freedoms.

We are not prepared to accept the intimidation and harassment of witnesses at a legitimate tribunal.

We therefore request that you kindly communicate to the Israeli authorities as a matter of urgency in order to secure from them an immediate assurance that:

MK Zoabi and all other Israeli witnesses do not have their Israeli citizenship removed (nor threatened with removal) simply for providing their testimony in Cape Town; and

All witnesses living under Israeli jurisdiction are able to return to their residence without any hindrance to their safe passage; and

No Israeli reprisal actions will be taken against any of the witnesses who gave their testimony to the Tribunal

Please confirm the action you take on receipt of this letter and that you will keep us updated on all developments.

Yours respectfully,

St?ane Hessel Pierre Galand

On behalf of the jury members of the RtoP On behalf of the International Organising Committee

Members of the Jury: St?ane Hessel, Ronald Kasrils, Jos•Åntonio Martin Pallin, Cynthia McKinney, Mairead Corrigan Maguire, Michael Mansfield, Yasmin Sooka, Aminata Traor?Alice Walker.

cc: Embassy of Israel, Ireland, United Kingdom, Spain, U.S.A., France, and Belgium