A delegation composed of representatives of Arab political parties represented in the Knesset, the High Follow-up Committee for the Arab Citizens of Israel and Adalah traveled to South Africa from 4-12 June 2008 to undertake a nine-day study tour focusing on constitution-building. This visit is the first of its kind by a united delegation of Arab political leaders, lawyers and academics in Israel in which meetings were held on issues concerning the Arab minority in Israel with officials from the South African government, human rights NGOs and legal experts.
One of the delegation’s first meetings was with legal experts from the most prominent human rights organization in South Africa, The Legal Resources Centre (LRC). The meeting was attended by senior South African lawyers who challenged Apartheid in the courts for decades, in addition to the former attorney of Nelson Mandela, George Bizos. The participants discussed the importance of laying down basic principles for the constitutional process, including the principle of full equality. The experts gave a presentation of the South African experience in drafting a constitution in the early 1990s. This process was based on wide participation and negotiations between the various parties; matters that were unacceptable to a certain party were rejected, and international standards of human rights and human dignity were stressed. The experts confirmed that the constitution-building process owed its success to agreement over the basis for constitutional negotiations and the active participation of all parties, based on respect for the positions of all and aimed at reaching a constitution by consent.
On 6 June 2008, the delegation met Mr. Aziz Pahad, the South African Deputy Foreign Minister, and Mr. Kgalema Motlanthe, the Deputy President of the African National Congress (ANC), who recently returned from a visit to the 1967 Occupied Palestinian Territory (OPT). In the meeting Mr. Pahad and Mr. Motlanthe discussed the current peace process between Palestinians and Israelis, and emphasized the South African government’s support for the Palestinian people.
On 7 June 2008, the delegation met the Deputy Minister of Culture, Mr. Mohamed Enver Surty, and the Mayor of Moses Kotane (a municipality named after a South African leader of the Communist Party), Mr. Peter Molelekeng. Mr. Molelekeng proposed that the Municipality of Nazareth be twinned with his municipality, and Mr. Ramez Geraisy, the Mayor of Nazareth, welcomed this suggestion. The Deputy Minister of Culture stated that the Bantustans in South Africa during the Apartheid regime bear similarities to the OPT, which are being divided into isolated cantons. He also underlined the importance of establishing cultural links between South African and Palestinians in Israel. Regarding constitution-building, he stated that the South African experience demonstrates three principles: human dignity, equality and freedom. He noted the apparent absence of this triangle from Israel’s laws, and urged the delegation to launch an international campaign to emphasize the fundamental and universal nature of these principles.
The delegation also met with the South African Minister of Intelligence Services, Mr. Ronald Kasrils; the Speaker of the South African Parliament, the Hon. Ms. Baleka Mbete; and with the chair and members of the parliamentary Sub-Committee on International Affairs and the chair and members of the Portfolio Committee on Justice and Constitutional Development. During the meetings, the delegation gave a comprehensive presentation the historical, political, legal, and socio-economic conditions of the Palestinian Arab minority in Israel.
The Speaker and the chair of the International Affairs Committee confirmed that it was the first time that they had met a Palestinian delegation comprised of political leaders from inside Israel, and that the next visit by South African members of parliament to Israel, the West Bank and Gaza will include the delegation’s meeting with Arab MKs, the High Follow-Up Committee and Arab mayors, in order to obtain information from primary sources on the Arab minority. Members of the Portfolio Committee of the Foreign Affairs Committee of the South African Parliament visited the High Follow-up Committee in Nazareth and Adalah in Haifa on 22 June 2008.
Members of the Committee on Justice and Constitutional Development emphasized with regard to the drafting of a constitution for Israel that democratic constitutions are not based on the imposition of the will of one party over the other parties. Rather, there is a process based on an agreements and settlement accepted by all parties and the principle of total and absolute equality between all citizens and residents.
A closing banquet was held for the delegation and the Deputy President of the ANC, as well as a number of ministers and senior parliamentary officials.
The delegation consisted of Mr. Shawqi Khatib, Chairman of the High Follow-Up Committee, MK Sheikh Ibrahim Abdullah (United Arab List), MK Dr. Jamal Zahalka (National Democratic Assembly – Balad), MK Taleb al-Sana (United Arab List), Mr. Ramez Geraisy, the Mayor of Nazareth, Professor Marwan Dwairy, the Chairman of the Board of Directors of Adalah, Attorney Hassan Jabareen, the General Director of Adalah, and Ms. Fathiyya Hussein, the Administrative Director of Adalah.