Confronting Apartheid

South Africa achieved notoriety for its apartheid policies and practices both in the country and in Namibia. Today Israel stands accused of applying apartheid in the Palestinian territories it has occupied since 1967. Confronting Apartheid examines the regimes of these three societies from the perspective of the author’s experiences as a human rights lawyer in South Africa and Namibia and as a UN human rights envoy in occupied Palestine. Most personal histories of apartheid in Southern Africa tell the story of the armed struggle. This book is about opposition to apartheid within the law and through the law. The successes and failures of civil society and lawyers in this endeavour are described in the context of the discriminatory and oppressive regime of apartheid. The author’s own experiences in Namibia and South Africa serve to illustrate the injustices of the regime and the avenues left to lawyers to advance human rights within the law. The end of apartheid and the transition to democracy are also described through the experiences of the author. The book concludes with an account of Israel’s occupation of the Palestinian territories of East Jerusalem, Gaza and the West Bank and the author’s work as human rights investigator and reporter for the United Nations. This involves the examination of issues such as the construction of Jewish settlements, the demolition of Palestinian homes, the restrictions on freedom of movement and the attacks on the life and liberty of Palestinians which the author argues constitute an oppressive regime falling within the definition of apartheid under international law. A separate chapter is devoted to the situation in Gaza which was closely monitored by the author for nearly a decade. Namibia, South Africa and Palestine are dealt with separately with introductions designed to ensure that the reader is provided with the necessary historical, political and legal background material.