ZIMSPHERE
JOHANNESBURG—The Gauteng Division of the High Court has ordered an end to South Africa’s arms exports to Myanmar, following a legal challenge by the Southern Africa Litigation Centre (SALC).
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| Thai soldiers patrol along the second Thai-Myanmar friendship bridge at the border in Mae Sot district, Tak province, Thailand, 12 April 2024. (Image: EPA-EFE/RUNGROJ YONGRIT) |
The Court granted an order setting aside permits previously issued by the National Conventional Arms Control Committee (NCACC), which allowed arms transfers to the junta-led nation.
Lawyers for Human Rights (LHR) represented SALC in this case, which was filed in 2022.
The High Court’s order mandates the NCACC to suspend any contracts or export permits for arms to countries that have experienced unconstitutional changes of government or are suspected of committing crimes against humanity, war crimes, or genocide, as determined by a United Nations special rapporteur, independent expert, or other designated officials.
The Court’s directive also requires the NCACC to review, suspend, and potentially cancel all its permits for arms exports to nations falling under these criteria.
This ruling could also impact South Africa’s arms exports to Saudi Arabia and the United Arab Emirates, both of which face accusations of war crimes in Yemen.
Dr. Atilla Kisla, International Justice Cluster Lead at SALC, praised the decision, stating that it promotes a “responsible and accountable arms trade regime in South Africa” and upholds human rights and international law.
Kisla emphasized that exporting arms to nations that violate human rights and experience military coups is illegal.
He noted, “This order is crucial in creating a more responsible and accountable arms trade regime in South Africa. It shows that human rights and international law are limiting factors for arms exports.”
Charné Tracey, an attorney at LHR, echoed these sentiments, highlighting the moral responsibility intertwined with legal obligations.
“This case is not just about legal obligations but about moral responsibility. The NCACC’s inaction in the face of clear evidence was not just a legal oversight but a moral failure. Today’s order has the potential to ensure that South Africa’s policies reflect our values and principles,” she said.
The backdrop to this legal action includes significant human rights violations by Myanmar authorities against its population, particularly the Rohingya minority. These actions led to a refugee crisis and allegations of genocide, prompting the International Criminal Court (ICC) to authorize an investigation in 2019.
Myanmar’s military overthrew the democratically elected government in a coup on 1 February 2021. Between 2017 and 2021, South Africa exported arms worth R215,735,677 (US$11,866,216) to Myanmar.
In 2023, South Africa witnessed a notable increase in arms exports. The NCACC approved arms exports valued at R3.8 billion in the first half of 2023, up from R1.4 billion during the same period in 2022.
This growth follows a trend of rising arms exports, with R4.679 billion worth of military hardware and munitions exported in 2022, compared to R3.353 billion in 2021.
In the second quarter of 2023 alone, the NCACC approved 136 munitions export permits to 17 countries, valued at R2.8 billion, along with 39 dual-use technology exports totaling R229 million to 14 countries.
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