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18 August 2016

No One Has been Held Responsible For Apartheid

By Sicebise Msengana

www.huffingtonpost.com














The white man likes to dodges responsibility for his crimes against humanity like a psychopath -- absence of guilt or remorse, "I wasn't there" or "I didn't support apartheid." Yeah right. We all know that some whites were not born or were little at that time. But the vast majority of white people supported or were complicit with the system that offered them real benefits and privileges.

 2002 Rome Statute of the International Criminal Court  described apartheid as "committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime." The heinous ideology that mimicked Nazism. Both ideologies – Apartheid and Nazism had common roots Christian religio-nationalism, which led to the creation of segregation of races. Along these lines and that of scientific racism, a racist white power structure came in being. Apartheid would’ve a great experiment if races were segregated but the
government dished out justice. Instead the white racists separated races and punished non-whites, especially the African simply for the colour of their skin, while Caucasians or whites enjoy the privileges of the white skin.

In 1600s, Dutch settlers began a colonisation of South Africa guided by the notorious Terra nullius, which means "nobody's land" according to International Law derived from the 1095 papal bull, Terra Nullius, of Pope Urban II, which give permission for these colonial terrorists to steal African lands from the natives and justify massacres. Step by step the colonial apartheid was applied systemically both legally and practically until we had what is called apartheid in 1948. Systemic oppression of the so-called ‘heathens’ under the guidance of the so-called “Christian civilization.” During the 1980s when apartheid was proving to be a liability for the ruling class, the negotiations were underway with the ANC and its leader Nelson MandelaApparently, the outcome of those negotiations guaranteed white people a lion’s share and nothing for Africans who were victims, save for the bread crumbs under the table. Convention on the Suppression and Punishment of the Crime of Apartheid, New York, 30 November 1973 writes  Apartheid was annually condemned by the General Assembly as contrary to Articles 55 and 56 of the Charter of the United Nations from 1952 until 1990; and was regularly condemned by the Security Council after 1960. In 1966, the General Assembly labelled apartheid as a crime against humanity (resolution 2202 A (XXI) of 16 December 1966) and in 1984 the Security Council endorsed this determination (resolution 556 (1984) of 23 October 1984). The Apartheid Convention was the ultimate step in the condemnation of apartheid as it not only declared that apartheid was unlawful because it violated the Charter of the United Nations, but in addition it declared apartheid to be criminal.


John Dugard,  professor of International Law, Department of Public Law, Faculty of Law, Leiden University: 

“No one was prosecuted for the crime of apartheid while apartheid lasted in South Africa. And no one has since been prosecuted for the crime. Apartheid was abandoned in 1990 by the regime that had introduced it and in 1994 a democratic South Africa came into being as a result of a peaceful negotiated settlement between the apartheid regime and movements opposed to apartheid. Consequently, there were no prosecutions of the leaders or agents of the apartheid regime for crimes of apartheid.  Instead a Truth and Reconciliation Commission was established with the tasks of achieving reconciliation and supervising the granting of amnesty to those who had committed serious violations of human rights during the apartheid years. Significantly, post-apartheid South Africa has not become a party to the Apartheid Convention….’’  

Again and again, white folks run away scot free and totally absolved. Today you find  white people with large greasy smiles on their faces for no reason. Because their grandpa, their Nelson Mandela and great uncle Desmond Tutu preached reconciliation without justice, an abandonment of the anti-colonial struggle. When Africans voice their concerns about apartheid and its impact on their lives, white people sneer “Get over it” or “It’s not my fault”, and derail and deflect the conversation about reforms. My warning to white people if you continue to disrespect Africans, there will be serious consequences. The anger and resentment will be unleashed one day. Africans are not stupid. You can push them so far, but there will be a day of reckon. 

References
1. John Dugard."Audiovisual Libary of International Law". http://legal.un.org/avl/ha/cspca/cspca.html (Last accessed 16 August 2016).





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