By Oyisa George
A human rights lawyer has challenged the government’s justification for continuing coal exports to Israel, arguing that South Africa can restrict trade under international law despite World Trade Organisation rules.
Speaking to VOC News, Sirhaan Ché Khan says the WTO’s non-discrimination principle is not absolute and includes exceptions that allow countries to take measures to protect life and the environment.
“The WTO non-discrimination principle that the minister uses is not an absolute principle,” Khan says.
His comments come amid calls for South Africa to halt coal exports to Israel. Khan says the country has a legal and moral obligation to prevent any contribution to alleged genocide, particularly after taking Israel to the International Court of Justice under the Genocide Convention.
“We must not aid and abet genocide,” he says.
Khan points to Colombia’s decision to stop coal exports to Israel, arguing that South Africa has since become a major supplier.
He says the continued exports could expose the country to questions of complicity.
“Complicity is the big word,” Khan says. “By allowing these exports to continue, our country and we as South Africans are directly complicit.”
Khan says civil society groups are considering further legal action to push for a coal embargo, while urging South Africans to continue putting pressure on government.
He argues that South Africa’s international stance on the conflict must be consistent with its actions at home, saying the government cannot claim to oppose genocide while continuing trade that activists argue contributes to it.
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