South Africa, AGOA and non-alignment

In 1998, accompanied by US President Bill Clinton and with Table Mountain in the background, South African President Nelson Mandela (after giving a warm welcome to the US President) took the opportunity of his first joint press conference to defend the country’s right to maintain positive relations with Libya, Cuba and Iran.

Thirty minutes later, when responding to a media question about the African Growth and Opportunity Act (AGOA) and the “large number of conditionality clauses” which included, President Mandela acknowledged that his administration had “serious reservations” about the proposed legislation and that it was “not acceptable.”

Twenty-six years later, differences between Pretoria and Washington have once again raised questions about South Africa’s participation in AGOA. The current imbroglio has been fueled by the perception that South Africa has abandoned its traditional policy of non-alignment, which, in opinion of some members of Congress, could justify their exclusion from the program.

At a time of democratic retreat and intensifying global competition in Africa, it would be a mistake to deny preferential access to the US market to South Africa, one of Africa’s strongest democracies and most industrial economies.

At the same time, the proposal of Congress that the Biden administration undertake a strategic review of bilateral relations makes sense, as long as it includes consultations with representatives of the South African government, private sector and civil society.

The deterioration of relations between the US and South Africa

Washington’s concern about the direction of South African foreign policy was accentuated when South Africa welcomed to Russia and China for joint naval exercises in February 2023, which coincided with the first anniversary of the Russian invasion of Ukraine.

Bilateral relations appeared to be at their lowest point last May, when the US ambassador to South Africa, Ruben Brigety, alleged at a news conference that Pretoria had provided weapons to Moscow via a sanctioned ship, the Lady R. Criticizing South Africa for its “scandalousness” anti-americanismAmbassador Brigety questioned the authenticity of his claim to remain neutral among world powers.

In response to these and other developments, four influential members of Congress, including Senator Chris Coons, sent a letter in June. letter to Secretary of State Antony Blinken, suggesting that South Africa could no longer qualify for AGOA benefits, given that it had hosted naval exercises and supplied weapons to Russia, and would soon host the BRICS Summit. The senators called on the Biden administration to move the AGOA forum planned for South Africa in October. (The forum went ahead as planned.)

Later in October, many in the United States were upset by the decision of the South African Minister of International Relations and Cooperation, Naledi Pandor, to maintain a call with the leader of Hamas. Washington’s frustration with South Africa, especially in Congress, increased further when Pretoria went to the International Court of Justice in January 2024 to report the genocide committed by Israel in response to the October 7 attacks.

The US Congress fights back

In response to these actions, Senator Coons intensified his pressure on South Africa by submitting a debate draft of revised AGOA legislation, which would require US Trade Representative an immediate review of South Africa out of cycle (this provision was not included in the legislation co-sponsored by the senator in April 2024).

Last month, the House Foreign Affairs Committee approved bipartisan legislation that would require a complete review of the bilateral relationship with South Africa. The legislation claimed that the actions of the African National Congress (ANC), in power in South Africa, were “inconsistent with its stated policy of non-alignment in international affairs.” The ANC was criticized for close ties with China and Russia and for its “history” of aligning with actors such as Hamas and Iran.

AGOA and non-alignment

Part of the enabling legislation The AGOA requires beneficiary countries to establish market economies and political pluralism, avoid actions that undermine the national security of the United States, and not engage in serious human rights violations, among other conditions.

Most of the 20 countries that have lost their status since the legislation’s initial enactment have done so because of coups, conflicts or violations of human rights. No country has been denied access for not conforming to a particular foreign policy. In fact, there is no reference to non-alignment in the enabling legislation.

At the same time, one of the principles of non-alignment It is the commitment of emerging nations to avoid alliances with great powers or blocs, which is consistent with recent actions in Pretoria. Although South Africa has twice organized joint naval maneuvers with Russia and China (the first was in November 2019), has made joint military maneuvers with the United States on four occasions: in 2011, 2013, 2017 and 2022.

South Africa was also the first African nation to join the BRICS, and the first African nation to join the G20 (the African Union became a member last year). The country hosted the BRICS summit last year and will host the G20 summit next year. China was the main market South Africa’s export revenue last year ($12.5 billion), followed by the US ($8.4 million).

Furthermore, the African National Congress (ANC) has long identifying with the Palestinian cause. The Palestinians lost their land in 1948. It is the same year that the South African National Party took power and began to implement apartheid, stripping black South Africans of their land through the creation of “homelands” or Bantustans.

It is clear that the United States and South Africa have had “principled disagreements” as President Cyril Ramaphosa said recently. But it is difficult to see how these differences – or the South African diplomacy of the past two years – have undermined US national security.

Where are we going?

Next month, South Africans will vote in their seventh consecutive democratic elections. Many polls predict that the ruling ANC party will win less than 50% of the vote for the first time, so a key question is whether the country will move in a more centrist or populist direction.

Given the current turbulence in US-South African relations and the importance of the country’s impending elections, the coming months would be an opportune time for Washington to conduct a bilateral review of the relationship in consultation with key stakeholders. The findings could help inform American politics, regardless of which party wins in November, and hopefully lead to a strengthening of relations.

Several areas are clearly priorities for both. On security, South Africa has played a constructive role in maintaining peace in the troubled Mozambican province of Cabo Delgado. More recently, South Africa has unfolded 2,900 soldiers in eastern Democratic Republic of the Congo, hoping to quell the conflict. A policy review could clarify how the US could support South Africa’s effort to increase security and development in both countries.

On the economic front, President Ramaphosa has made efforts in recent months to enlarge the role of the private sector in solving the country’s serious energy, water and infrastructure deficits. With 600 American companies domiciled in the territory, it is worth exploring how business experience and investment could play a role in this effort.

Related to this is the need to accelerate the implementation of the Association for the Just Energy Transition (JETP), of 8.5 billion dollars, which was announced at COP26, with the strong support of the United States and other countries. The JETP focuses on the transition of South Africa’s energy sector from coal to cleaner energy sources.

Finally, given the recent spate of coups in the Sahel and Central Africa, South Africa and the US are well placed to collaborate on democracy-strengthening strategies across the region. Initiating a policy review on how the US and South Africa can improve regional security, the energy transition and democracy in Africa, among other areas, is in the interest of both countries. Denying South Africa the benefits of AGOA – which would make it the tenth African country to lose access to the program in four years – would only alienate Pretoria from Western partnerships and markets.

Article translated from English from the website Brookings.

Activity subsidized by the Ministry of Foreign and Global Affairs.