Table of Contents
26 March 1997
His Excellency Nelson R. Mandela
Your Excellency,
The World Service Authority (WSA) hereby respectfully brings to your attention the violations of the principles of law committed by South African border police against Ms. Ginia Davis Wexler, a registered World Citizen and a World Passport holder.
At 8:30 A.M. on 10 February 1997, Ms. Wexler arrived at Cape Town Airport on British Air flight 59 and presented to the airport immigration official her WSA passport, issued at the WSA World Office in Washington, D.C. The officer took her passport and told her to wait. When he returned, he required Ms. Wexler to follow him to the airport police office. At that point, according to Ms. Wexler, an immigration police officer spoke to her belligerently, saying, "This is an illegal document and we are going to keep it!"
Ms. Wexler then explained the legal basis and global recognition of the document to him. The officer responded emphatically, "We are not going to return it; it is illegal." Ms. Wexler said, "You have no right to keep it even if you don't agree with it." He refused to return her passport.
The WSA passport is a travel/identity document for persons claiming their human right to freedom of movement. Conceived originally along the lines of the Nansen passport as a travel document for stateless persons, refugees and victims of political, social and economic discrimination, the WSA passport is now being issued generally.
The WSA passport is accepted de jure (officially) by six countries (Burkina Faso, Ecuador, Mauritania, Tanzania, Togo, and Zambia) and has been accepted on a de facto (case-by-case) basis by more than 140 countries, including South Africa. Please see the copy enclosed of a recent visa from South Africa.
The right to freedom of movement as affirmed in the Universal Declaration of Human Rights is the basis of the passport. Article 13, Section 2, of the Declaration states, "Everyone has the right to leave any country, including his own, and to return to his country."
The passport also derives its legal basis from documents such as the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, the International Covenant on Civil and Political Rights, as well as other regional and multilateral agreements.
As a member-state of the United Nations, South Africa is mandated to "promote universal respect of, and observance of, human rights and fundamental freedoms", according to the U.N. Charter (Articles 55 and 56). Additionally, the Constitution of the Republic of South Africa mandates that your government uphold international agreements and customary law.
The confiscation of the World Service Authority passport is an illegal act. The Cape Town airport police official is in direct violation of Article 17(2) of the Universal Declaration of Human Rights, which states: "No one shall be arbitrarily deprived of his property" and Chapter 2, Article 25(1) of the South African Constitution which declares, "No one may be deprived of property in terms of law of general application, and no law may permit arbitrary deprivation of property."
This arbitrary confiscation also violated Ms. Wexler's right to privacy according to Article 14(c) of the Constitution which states, "Everyone has the right to privacy, which includes the right not to have their possessions seized."
Moreover, the belligerent demeanor of the airport police official toward Ms. Wexler violated her security under Article 12(I1) subsection (e) which requires a person "not to be treated or punished in a cruel, inhuman or degrading way."
We are confident that Your Excellency, as a representative of the people of South Africa and as the highest ranking official of the South African government, will ensure that Ms. Wexler's passport is promptly returned to the World Service Authority, the issuing authority, which will then return it to Ms. Wexler, its rightful owner.
Please accept the assurance of our most respectful consideration.
FOR THE LEGAL DEPARTMENT of the WORLD SERVICE AUTHORITY,
Donna Klimchenkova
David Gallup, Esq.
Associate General Counsel
General Counsel
cc: The Honorable Alfred B. Nzo, Minister of Foreign Affairs
The Honorable Abdullah Mohammed Omar, Minister of Justice
The Honorable F. Sidney Mufamadi, Minister of Safety and Security
Mr. Kofi Annan, Secretary-General, United Nations
Dr. Francis Boyle, Coordinator, World Judicial Commission
Ms. Ginia Davis Wexler, WSA passport holder
Responses to date:
Ministry for Safety and Security
Pretoria
1997/4/10
Ms. N. Klimchenkova
World Service Authority
1012 14th Street, NW
Washington, D.C.
Dear Ms. Klimchenkova
COMPLAINT : POICE CONDUCT
By direction of Minister F.D. Mufamadi I acknowledge receipt of your letter dates 20 March 1997.
The minister noted the contents thereof and has requested the National Commissioner of the South African Police Service toattend to the mastter.
You may there expect a furth comunication from his office in due course.
Yours faithfully,
B M bernard
Head, Ministerial Services
22 April 1997
Mr. D. Gallup
World Service Authority
1012 14th Street NW Suite 1106
Washington, DC 20005
Dear Mr. Gallup:
The President has requested Dr. Buthelezi, in his capacity as Minister of Home Affairs, to respond to your letter on behalf of the Government.
President Mandela appreciates your having expresed your concern to him and wishes to assure you that this is a matter of great concern to him and the Government.
With kind regards,
Administrative Secretary
Ministry of Home Affairs
Pretoria
30 April 1997
Ms. N. Klimchenkova
World Service Authority
1012 14th Street, NW
Washington, D.C. 20005
Dear Ms. Klimchenkova
WORLD PASSPORT HOLDER: MS. G D WEXLER
By direction of Dr. M G Buthelezi, MP, Minister of Home Affairs, I wish to acknowledge receipt of your letter in the above regard dated 25 March 1997
The matter has been referred to the Director-General of the Department of Home Affairs, from whom further correspondence can be expected in due course.
Kind regards,
Christo Venter
Administrative Secretary
Table of Contents