Solidarity initiates international campaign against state's racial plans
Trade union Solidarity has announced a broad international campaign to test the state's affirmative action plans against international conventions. Solidarity plans to do a presentation on discrimination with reference to International Labour Organisation (ILO) Convention No. 111 to the ILO and to lodge a complaint with the Committee on the Elimination of Racial Discrimination of the United Nations (UN).
Solidarity's campaign comes after the Constitutional Court ruled against Renate Barnard. The court ruled after a nine-year battle that the SAPS had not discriminated unfairly against Barnard.
Dr Dirk Hermann, Chief Executive of Solidarity, says the international route is an important next step against the ideology of absolute racial representation in South Africa. "The importance of the international route should not be underestimated. Various international agreements against racial discrimination are binding on the South African government and, in addition, the South African Constitution compels local courts to consider international law."
Hermann says all of Solidarity's more than 30 local court cases are still going ahead. "Together with the international campaign, Solidarity is going ahead with several other lawsuits against the state, the biggest one being the case on behalf of 10 employees of the Department of Correctional Services in the Western Cape."
"The Constitutional Court's judgment has brought more uncertainty than certainty over the application of affirmative action. The ruling compels Solidarity to undertake more lawsuits in order to get legal certainty. We are convinced that history will show that the Constitutional Court's ruling was incorrect. The purpose of our campaigns is to help write history," adds Hermann.
The Constitutional Court's judgment opens a new international door for Solidarity, seeing that all internal legal remedies have been exhausted. "Solidarity plans to present memorandums to the embassies of the UN member countries and parties to ILO Convention 111 in South Africa. Further plans involve an international media tour at the end of 2014 and an international conference on affirmative action," says Hermann.
The trade union has also initiated a campaign in order to prove at international forums such as the UN that there is support for its standpoint. South Africans from all walks of life are asked to show their support for the campaign by means of SMSs and social media. "We must show the UN that our standpoint is supported. We therefore need the support of thousands of people."
People who would like to support the campaign can SMS the word "Barnard" to 34802.
Violation of ILO Convention No. 111 and UN requirements
ILO Convention No. 111 prohibits discrimination on the grounds of race, but makes an exception in the case of affirmative action. However, it is stipulated that affirmative action must be temporary and remedial. South Africa's affirmative action programme does not meet these requirements.
Solidarity intends to lodge a complaint with the UN's Committee on the Elimination of Racial Discrimination regarding South Africa's failure to report on the government's compliance with the Convention on the Elimination of All Forms of Racial Discrimination. Solidarity is moreover going to submit a shadow report to the committee and lodge a complaint regarding the state's non-compliance with the convention.
Solidarity will seek advice from South Africa's leading experts in international law and political science in formulating its presentations and complaints.
Urgent seminar
Meanwhile, Solidarity will on Tuesday, 9 September hold an urgent seminar in Centurion on the implications of the recent Constitutional Court judgment in the matter of Solidarity on behalf of Renate Barnard versus the SAPS. Clarity will be sought from legal experts regarding whether the Constitution was indeed upheld by the Constitutional Court, the impact the judgment will have on pending discrimination cases and the future of affirmative action in South Africa.
Several experts on labour law and discrimination will lead the seminar. They include, among others, senior counsel Martin Brassey, who argued the matter on behalf of Solidarity and Barnard, Professor Koos Malan of the University of Pretoria and Dr Dirk Hermann of Solidarity.
Statement issued by Dr. Dirk Hermann, Chief Executive: Solidarity, September 7 2014
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