Letter to the President of South Africa
                                                                              
HE Jacob Zuma
                                                                              
President of the Republic of South Africa
                                                                              
Cape Town
                                                                              
South Afria,07th Nov 2011
Dear Mister President
On the 5-6th Nov 2011, we held our third session in Cape Town, hosted by the 
District Six Museum.
Yesterday aftertoon, 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 member of Knesset [Israeli 
parliament] gave evidence to the tribunal yesterday, Sunday 06th November, and 
within hours of doing so, was reportedly the subject of a formal application to 
the knesset’s 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 tribunal’s findings on Israeli 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 I that regard. Despite this clear 
prohibition, yesterday’s 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,
·         All witnesses living under Israeli jurisdiction are able to return to 
their residence without any hindrance to their safe passge,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
Stephannie Hessel     and Pierre Galand
On behalf of the jury of the RToP
Annexure
Names of the Palestinian and Israeli Experts and Witnesses of the third session 
of the Russell Tribunal on Palestine, Cape Town, 5-7th November 2011
Raji Sourani
Mahmoud Hassan
Rafeef Ziadah
Lea Tsemel
Haneen Zoabi
Shawqi Issa
Mohammed Khatib
Jazi abu Kaf
Jeff Halper
Emily Schaeffer

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