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<div id="reader-header" class="header" style="display: block;"> <font
size="-2"><a id="reader-domain" class="domain"
href="https://al-shabaka.org/briefs/rethinking-definition-apartheid-not-just-political-regime/">https://al-shabaka.org/briefs/rethinking-definition-apartheid-not-just-political-regime/</a></font>
<h1 id="reader-title">Rethinking Our Definition of Apartheid:
Not Just a Political Regime</h1>
<div id="reader-credits" class="credits">by Haidar Eid, Andy
Clarno on August 27, 2017</div>
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style="display: block;">
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<h2><b>Overview</b></h2>
<p><span>As Israel intensifies its settler-colonial
project, apartheid has become an increasingly
important framework for understanding and challenging
Israeli rule in historic Palestine. Indeed, </span><a
href="https://al-shabaka.org/commentaries/talking-palestine-frame-analysis-goals-messages/"><span>Nadia
Hijab and Ingrid Jaradat Gassner</span></a><span>
make a convincing argument that apartheid is the most
strategic framework of analysis. And in March 2017,
the UN Economic and Social Commission for Western Asia
(ESCWA) released a powerful </span><a
href="https://electronicintifada.net/sites/default/files/2017-03/un_apartheid_report_15_march_english_final_.pdf"><span>report</span></a><span>
documenting Israeli violations of international law
and concluding that Israel has established an
“apartheid regime” that oppresses and dominates the
Palestinian people as a whole. </span></p>
<p><span>Under international law, apartheid is a crime
against humanity and states can be held accountable
for their actions. However, international law has its
limitations. One specific concern involves what is
missing from the international legal definition of
apartheid. Because the definition focuses solely on
the </span><i><span>political</span></i><span>
regime, it does not provide a strong basis for
critiquing the </span><i><span>economic </span></i><span>aspects
of apartheid. To address this concern, we propose an
alternative definition of apartheid that grew out of
the struggle in South Africa during the 1980s and has
gained support among activists due to the limits of
decolonization in South Africa after 1994 – a
definition that recognizes apartheid as intimately
connected to capitalism. </span></p>
<p><span>This policy brief details what the Palestine
liberation movement can learn from the South African
condition, namely recognizing apartheid as both a
system of legalized racial discrimination and a system
of racial capitalism. It concludes with
recommendations for how Palestinians can confront this
dual system in order to achieve a just and lasting
peace rooted in social and economic equality. </span></p>
<h2><b>The Power and the Limitations of International Law</b></h2>
<p><span>The UN </span><a
href="https://treaties.un.org/doc/publication/unts/volume%201015/volume-1015-i-14861-english.pdf"><span>International
Convention on the Suppression and Punishment of the
Crime of Apartheid</span></a><span> defines
apartheid as a crime involving “inhuman acts committed
for the purpose of establishing and maintaining
domination by one racial group of persons over any
other racial group of persons and systematically
oppressing them.”</span> <span>The </span><a
href="https://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf"><span>Rome
Statute of the International Criminal Court</span></a><span>
defines apartheid as a crime involving “an
institutionalized regime of systematic oppression and
domination by one racial group over any other racial
group or groups.”</span></p>
<p><span>Based on a close reading of these statutes, the
ESCWA report analyzes Israeli policy in four domains.
It documents the formal legal discrimination against
Palestinian citizens of Israel; the dual legal system
in the Occupied Palestinian Territory (OPT); the
tenuous residency rights of Palestinian Jerusalemites;
and Israel’s refusal to allow Palestinian refugees to
exercise the right of return. The report concludes
that Israel’s apartheid regime operates by fragmenting
the Palestinian people and subjecting them to
different forms of racial rule.</span></p>
<span class="bctt-click-to-tweet"></span>
<p><span>The power of the apartheid analysis was apparent
in the way the US and Israel responded to the report.
The US Ambassador to the UN denounced the report and
called on the UN Secretary General to repudiate it.
The Secretary General put pressure on Rima Khalaf,
head of ESCWA, to withdraw the report. Refusing to do
so, she </span><a
href="http://www.jadaliyya.com/pages/index/26224/text-of-resignation-letter-by-escwa-executive-secr"><span>resigned</span></a><span>
from her post. </span></p>
<p><span>The importance of the ESCWA report cannot be
overstated. For the first time, a UN body formally
addressed the question of apartheid in
Palestine/Israel. And the report addressed Israeli
policies toward the Palestinian people as a whole
rather than focusing on one fragment of the
population. By calling on member states and civil
society organizations to put pressure on Israel, the
UN report also demonstrates the utility of
international law as a tool for holding regimes like
Israel accountable. </span></p>
<p><span>However, while recognizing the importance of
international law, it is critical to note its </span><a
href="http://www.jadaliyya.com/pages/index/7325/roundtable-on-occupation-law_part-of-the-conflict-"><span>limitations</span></a><span>.
First, international laws are only effective when
acknowledged and enforced by states, and the
hierarchical structure of the state system provides a
handful of states with veto power. The rapid
suppression of the ESCWA report made these limitations
clear. Yet there is a more specific concern with the
international definition of apartheid as noted above.
By focusing only on the </span><i><span>political</span></i><span>
regime, the legal definition does not provide a strong
basis for critiquing the </span><i><span>economic </span></i><span>aspects
of apartheid and indeed paves the way for a </span><a
href="https://al-shabaka.org/commentaries/beyond-the-apartheid-analogy-time-to-reframe-our-palestinian-struggle/"><span>post-apartheid
future</span></a><span> that is rife with economic
discrimination.</span></p>
<h2><b>Racial Capitalism and the Limits of South African
Liberation</b></h2>
<p><span>During the 1970s and 80s, Black South Africans
engaged in urgent debates about how to understand the
apartheid system they were fighting. The most powerful
bloc within the liberation movement – the African
National Congress (ANC) and its allies – argued that
apartheid was a system of racial domination and that
the struggle should focus on eliminating racist
policies and demanding equality under the law. Black
radicals rejected this analysis. Dialogue between the
Black Consciousness Movement and independent Marxists
generated an alternative definition of apartheid as a
system of “</span><a
href="http://www.sahistory.org.za/archive/azanian-manifesto"><span>racial
capitalism</span></a><span>.” Black radicals
insisted that the struggle should simultaneously
confront the state and the racial capitalist system.
Unless racism and capitalism were confronted together,
they predicted, post-apartheid South Africa would
remain divided and unequal.</span></p>
<span class="bctt-click-to-tweet"></span>
<p><span>The transition of the last 20 years has lent
support to this thesis. In 1994, legal apartheid was
abolished and Black South Africans gained equality
under the law – including the right to vote, the right
to live anywhere, and the right to move without
permits. The democratization of the state was a
remarkable achievement. Indeed, the South African
transition demonstrates the possibility of peaceful
coexistence on the basis of legal equality and mutual
recognition. This is what makes South Africa so
compelling for many Palestinians and a few Israelis
seeking an alternative to the fragmentation and
failure of Oslo. </span></p>
<p><span>Despite the democratization of the state, the
South African transition did not address the
structures of racial capitalism. During the
negotiations, the ANC made major concessions to win
the support of white South Africans and the capitalist
elite. Most importantly, the ANC agreed not to
nationalize the land, banks, and mines and instead
accepted constitutional protections for the existing
distribution of private property – despite the history
of colonial dispossession. In addition, the ANC
government adopted a neoliberal economic strategy
promoting free trade, export-oriented industry, and
the privatization of state-owned businesses and
municipal services. As a result, post-apartheid South
Africa remains one of the </span><a
href="https://www.theguardian.com/inequality/datablog/2017/apr/26/inequality-index-where-are-the-worlds-most-unequal-countries"><span>most
unequal countries in the world</span></a><span>. </span></p>
<p><span>Neoliberal restructuring has led to the emergence
of a small Black elite and a growing Black middle
class in some parts of the country. But the old white
elite still controls the vast majority of land and
wealth in South Africa. Deindustrialization and the
increasing proportion of the population forced to rely
on casual jobs have weakened the labor movement,
intensified the exploitation of the Black working
class, and produced a growing racialized surplus
population that confronts permanent structural
unemployment. The </span><a
href="http://www.statssa.gov.za/publications/P0211/P02112ndQuarter2017.pdf"><span>unemployment
rate reaches 35%</span></a><span> when it includes
people who have given up looking for work. In some
areas, the unemployment rate is over 60% and the jobs
that remain are precarious, short term, and low wage.
<a class="simple-footnote" title="Interview with the
director of the Alexandra Renewal Project,
Johannesburg, South Africa. August 2012."
id="return-note-6632-1" href="#note-6632-1"><sup>1</sup></a></span></p>
<p><span>The Black poor also confront a severe shortage of
land and housing. Instead of redistributing land, the
ANC government adopted a market-based program through
which the state helps Black clients purchase
white-owned land. This has given rise to a small class
of wealthy Black landowners, but </span><a
href="http://www.plaas.org.za/sites/default/files/publications-pdf/No1%20Fact%20check%20web.pdf"><span>only
7.5% of South African land has been redistributed</span></a><span>.
As a result, most Black South Africans remain landless
and white elites maintain ownership of most of the
land. Similarly, the rising cost of shelter has
multiplied the number of people living in shacks,
occupied buildings, and informal settlements, despite
state subsidies and constitutional guarantees of
decent housing. </span></p>
<p><span>Race continues to structure unequal access to
housing, education, and employment in post-apartheid
South Africa. It also shapes the rapid growth of
private security. Profiting from racialized fears
about crime, private security has been the fastest
growing industry in South Africa since the 1990s.
Private security companies and wealthy residents’
associations have transformed historically white
suburbs into fortress communities, marked by walls
around private property, gates around neighborhoods,
alarm systems, panic buttons, stationary guards,
neighborhood patrols, video surveillance, and armed
rapid response teams. These privatized regimes of
residential security rely on violence and racial
profiling to target those who are Black and poor.</span></p>
<p><span>According to international law, apartheid ends
with the transformation of the racial state and the
elimination of legalized racial discrimination. Yet
even a cursory examination of South Africa after 1994
reveals the pitfalls of such an approach and
highlights the importance of rethinking our
definitions of apartheid. Formal legal equality has
not produced real social and economic transformation.
Instead, the neoliberalization of racial capitalism
has entrenched the inequality created by centuries of
colonization and apartheid. Race remains a driving
force of both exploitation and abandonment despite the
liberal veneer of legal equality. Celebrations of the
ANC-led government tend to obscure the impacts of
neoliberal racial capitalism in South Africa after
1994. </span></p>
<p><span>Critiques of Israeli apartheid have largely
ignored the limits of transformation in South Africa.
Instead of treating apartheid as a system of racial
capitalism, most critiques of Israeli apartheid rely
on the international legal definition of apartheid as
a system of racial domination. To be sure, these
critiques have been highly productive. They have
sharpened the analysis of Israeli rule, contributed to
the expansion of Boycott, Divestment, and Sanctions
(BDS) campaigns, and provided a legal foundation for
efforts to hold Israel accountable. The importance of
international law as a resource for communities in
struggle should not be undercut.</span></p>
<span class="bctt-click-to-tweet"></span>
<p><span>But analysis and organizing can be taken even
further by understanding apartheid as a system of
racial capitalism, rather than relying so heavily on
international legal definitions. By differentially
valuing people’s lives and labor, racial capitalist
regimes intensify exploitation while exposing
marginalized groups to premature death, abandonment,
or elimination. The concept of racial capitalism thus
highlights the mutual constitution of capital
accumulation and racial formation and contends that it
is not possible to eliminate either racial domination
or class inequality without tackling the system as a
whole.</span></p>
<p><span>Understanding apartheid as a system of racial
capitalism allows us to take seriously the limitations
of liberation in South Africa. Studying the </span><i><span>success</span></i><span>
of the South African struggle has been highly
productive for the Palestinian freedom movement;
understanding its limitations can also prove
productive. Although Black South Africans gained
formal legal equality, the failure to address the
economics of apartheid placed real limits on
decolonization. In a word, apartheid did not end – it
was restructured. Relying too heavily on the
international legal definition of apartheid could lead
to similar problems down the road in Palestine. We
raise this as a cautionary note with the hope that it
will contribute to the development of strategies to
address Israeli racism and neoliberal capitalism
together. </span></p>
<h2><b>Racial Capitalism in Palestine/Israel</b></h2>
<p><span>Seeing apartheid through this lens also allows an
understanding that Israeli settler colonialism now
operates through </span><i><span>neoliberal</span></i><span>
racial capitalism. Over the last 25 years, Israel has
intensified its settler colonial project under the
guise of peace. All of historic Palestine remains
subject to Israeli rule, which operates by fragmenting
the Palestinian population. Oslo enabled Israel to
further fragment the OPT and supplement direct
military rule with aspects of indirect rule. The Gaza
Strip has been transformed into a “concentration camp”
and a model “native reserve” through a deadly,
medieval siege described by Richard Falk as a </span><a
href="https://zcomm.org/znetarticle/slouching-toward-a-palestinian-holocaust-by-richard-falk/"><span>“prelude
to genocide”</span></a><span> and by Ilan Pappe as
an </span><a
href="https://electronicintifada.net/content/israels-incremental-genocide-gaza-ghetto/13562"><span>“incremental
genocide.”</span></a><span> In the West Bank,
Israel’s new colonial strategy involves </span><i><span>concentrating</span></i><span>
the Palestinian population into Areas A and B and </span><i><span>colonizing</span></i><span>
Area C. I</span><span>nstead of granting Palestinians
freedom and equality, Oslo restructured relations of
domination.</span><span> In short, Oslo has
intensified, rather than reversed, Israel’s settler
colonial project.</span></p>
<p><span>The reorganization of Israeli rule has occurred
alongside the neoliberal restructuring of the economy.
Since the 1980s, Israel has undergone a fundamental
transformation from a state-led economy focused on
domestic consumption to a corporate-driven economy
integrated into the circuits of global capital.
Neoliberal restructuring has generated massive
corporate profits while dismantling welfare, weakening
the labor movement, and increasing inequality. The
Oslo negotiations were central to this project. Shimon
Peres and Israeli business elites argued that the
“peace process” would open the markets of the Arab
world to US and Israeli capital and facilitate
Israel’s integration into the global economy. <a
class="simple-footnote" title="Shimon Peres, The New
Middle East (New York: Henry Holt, 1993)."
id="return-note-6632-2" href="#note-6632-2"><sup>2</sup></a> After
Oslo, Israel quickly signed free trade agreements with
Egypt and Jordan.</span></p>
<span class="bctt-click-to-tweet"></span>
<p><span>Neoliberal restructuring has enabled Israel to
carry out its new colonial strategy by significantly
reducing its reliance on Palestinian labor. Israel’s
transition to a high-tech economy decreased the demand
for industrial and agricultural workers. Free trade
agreements allowed Israeli manufacturers to shift
production from Palestinian subcontractors to
export-processing zones in neighboring countries. The
collapse of the Soviet Union followed by “shock
doctrine” neoliberalism led more than one million
Russian Jews to seek opportunities in Israel. And
neoliberal restructuring on a global scale led to the
immigration of 300,000 migrant workers from Asia and
Eastern Europe. These groups now compete with
Palestinians for the remaining low-wage jobs. The
settler-colonial state thus used neoliberal
restructuring to engineer the disposability of the
Palestinian population. </span></p>
<p><span>Life for working class Palestinians has become
increasingly precarious. With limited access to jobs
in Israel, poverty and unemployment have soared within
the Palestinian enclaves. Although the Palestinian
Authority (PA) has always endorsed the neoliberal
vision of a private sector-led, export-oriented, free
market economy, the PA initially responded to the
crisis of unemployment by creating thousands of public
sector jobs. </span></p>
<p><span>Since 2007, however, the PA has followed a
strictly neoliberal economic program that calls for
cuts to public employment and an expansion of private
sector investment. Despite these plans, the private
sector remains weak and fragmented. Plans for
industrial zones along Israel’s illegal Wall that
snakes through the OPT have largely failed due to
Israeli restrictions on imports and exports and the
relatively high cost of Palestinian labor compared to
that of Egypt and Jordan. </span></p>
<p><span>Although neoliberal policies have made life even
more difficult for working class Palestinians, they
have contributed to the growth of a small Palestinian
elite in the OPT composed of the PA leadership,
Palestinian capitalists, and NGO officials. Visitors
to Ramallah are often surprised to see palatial
mansions, expensive restaurants, five-star hotels, and
luxury vehicles. These are not signs of a thriving
economy, but rather of the growing class divide.
Similarly, a new Hamas-affiliated nouveau-bourgeoisie
has emerged in Gaza since 2006. Its wealth depends on
the dwindling “tunnel industry,” a monopoly on
construction materials smuggled from Egypt, and
limited goods imported from Israel. Both Fatah and
Hamas elites accumulate their wealth from
non-productive activities, and they are both
characterized by a total absence of political vision.
Haidar Eid </span><a
href="http://www.al-akhbar.com/node/177139/"><span>refers
to this</span></a><span> as Osloization in the West
Bank and Islamization in the Gaza Strip. </span></p>
<p><span>Further, joining the forces of repression has
become one of the only job opportunities available to
the majority of Palestinians, especially young men.
Although some PA jobs are in education and health
care, most are with the PA security forces. As Alaa
Tartir </span><a
href="https://al-shabaka.org/briefs/palestinian-authority-security-forces-whose-security/"><span>has
demonstrated</span></a><span>, these forces are
designed to protect the security of Israel. Since
2007, they have been reorganized under the supervision
of the United States. More than 80,000 strong, the new
PA security forces are trained by the US in Jordan and
deployed throughout West Bank enclaves in close
coordination with the Israeli military. Israel and the
PA share intelligence, coordinate arrests, and
cooperate on weapons confiscations. Together, they
target not only Islamists and leftists but all
Palestinian critics of Oslo. Most recently, </span><a
href="http://www.jadaliyya.com/pages/index/26391/on-basel-al-araj%E2%80%99s-assassination_end-security-coor"><span>security
coordination</span></a><span> between Israel and the
PA preceded the assassination of activist Basil
Al-Araj.</span></p>
<span class="bctt-click-to-tweet"></span>
<p><span>The only sector of the Israeli economy that has
retained a relatively steady demand for Palestinian
workers is construction, due largely to the expansion
of Israeli settlements and the wall in the West Bank.
According to a 2011 Democracy and Workers’ Rights </span><a
href="http://www.dwrc.org/en/1/32/198/Executive-Summary-of-a-Study-on-Wage-Workers-in-Israeli-Settlements.htm"><span>survey</span></a><span>,
82% of Palestinians employed in the settlements would
leave their jobs if they could find a suitable
alternative. </span></p>
<p><span>This means that two of the only jobs available
for Palestinians from the West Bank today are building
Israeli settlements on confiscated Palestinian land or
working with the PA security forces to help Israel
suppress Palestinian resistance to apartheid. </span></p>
<p><span>Palestinians from the Gaza Strip do not even have
these “opportunities.” In fact, Gaza is one of the
most extreme versions of engineered disposability.
Settler-colonial displacement turned Gaza into a
refugee camp in 1948, when Zionist militias and later
the Israeli army expelled more than 750,000
Palestinians from their towns and villages. 70% of
Gaza’s two million residents are refugees, a living
reminder of the Nakba and an embodied demand for the
right of return. Political and economic restructuring
through Oslo enabled Israel to transform Gaza into a
prison built to concentrate and contain this unwanted
surplus population. And the ever-intensifying Israeli
siege demonstrates Gazans’ complete dehumanization.
For Israel’s neoliberal colonial project, Palestinian
lives have no value and their death does not matter. </span></p>
<p><span>Overall, therefore, neoliberalism coupled with
Israel’s settler colonial project has transformed the
Palestinians into a disposable population. This has
enabled Israel to carry out its project of
concentration and colonization. Understanding the
neoliberal dynamics of Israel’s settler-colonial
regime can contribute to the development of strategies
to challenge Israeli apartheid not only as a system of
racial domination but as a regime of racial
capitalism. </span></p>
<h2><b>Confronting the Economics of Israeli Apartheid</b></h2>
<p><span>An important question for the Palestinian
liberation movement is how to avoid the pitfalls of
post-apartheid South Africa in developing a vision for
post-apartheid Palestine/Israel. As Black radicals
predicted, an exclusive focus on the racial </span><i><span>state</span></i><span>
has led to serious socioeconomic problems in South
Africa since 1994. Palestinian liberation does not
have to end with the same “solution” as that offered
by the ANC. This will require attention not only to
political rights but also to difficult questions about
land redistribution and economic structure to ensure a
more equal outcome. One crucial place to begin is by
continuing conversations about the </span><a
href="http://www.badil.org/en/component/k2/item/1768-art8.html"><span>practical
dynamics of Palestinian return</span></a><span>. </span></p>
<p><span>It is also important to recognize that the
current situation in Palestine is closely connected to
processes reshaping social relations around the world.
South Africa and Palestine, for example, are
experiencing similar social and economic changes
despite their radically different political
trajectories. In both contexts, neoliberal racial
capitalism has produced extreme inequality, racialized
marginalization, and advanced strategies for
protecting the powerful and policing the racialized
poor. Andy Clarno refers to this combination as </span><a
href="http://press.uchicago.edu/ucp/books/book/chicago/N/bo25338775.html"><span>neoliberal
apartheid</span></a><span>. </span></p>
<p><span>Around the world, wealth and income are
increasingly controlled by a handful of billionaire
capitalists. As the ground collapses beneath the
middle class, the gulf between rich and poor grows
wider and the lives of the poorest become increasingly
precarious. Neoliberal restructuring has enabled some
members of historically oppressed populations to join
the ranks of the elite. This explains the emergence of
the new Palestinian elite in the OPT and the new Black
elite in South Africa.</span><span
class="bctt-click-to-tweet"></span>
</p>
<p><span>At the same time, neoliberal restructuring has
deepened the marginalization of the racialized poor by
intensifying both exploitation and abandonment. Jobs
have become increasingly precarious, and entire
regions have experienced declining demands for labor.
While some racialized populations are marked for
superexploitation in sweatshops and service
industries, others – like Palestinians – are abandoned
to a life of unemployment and informality. </span></p>
<p><span>Neoliberal apartheid regimes like Israel depend
on advanced strategies of securitization to maintain
power. Israel exercises sovereignty over the OPT
through military deployments, electronic surveillance,
imprisonment, interrogations, and torture. The state
has also produced a fragmented geography of isolated
Palestinian enclosures surrounded by walls and
checkpoints and managed through closures and permits.
And Israeli companies have taken the lead in the </span><a
href="http://press.uchicago.edu/ucp/books/book/distributed/W/bo22356644.html"><span>global
market for advanced security equipment</span></a><span>
by developing and testing high-tech devices in the
OPT. The most important addition to Israel’s security
regime, however, is a network of security forces
facilitated by the US and the EU, supported by Jordan
and Egypt, and operated through coordinated
deployments of Israeli military and PA security
forces. </span></p>
<p><span>Like Israel, other neoliberal apartheid regimes
rely on walled enclosures, private and state security
forces, and racialized policing strategies. In South
Africa, securitization has involved the fortification
of wealthy neighborhoods, the rapid expansion of the
private security industry, and intense state
repression of independent trade unions and social
movements. In the United States, efforts to produce
security for the powerful include gated communities,
border walls, mass incarceration, mass deportation,
electronic surveillance, drone wars, and the rapid
growth of police, prison, border patrol, military, and
intelligence forces. </span></p>
<p><span>Unlike South Africa, Israel remains an aggressive
settler-colonial state. In this context, neoliberalism
is part of Israel’s settler-colonial strategy to
eliminate the Palestinian population. But the
combination of racial domination and neoliberal
capitalism has produced growing inequality, racialized
marginalization, and advanced securitization in many
parts of the world. As movements and activists build
connections between struggles against racialized
poverty and policing in Palestine, South Africa, the
US, and beyond, understanding Israeli apartheid as a
form of racial capitalism could contribute to </span><a
href="https://bdsmovement.net/news/palestinians-salute-movement-black-lives-emphasizing-common-struggle-against-racial-oppression"><span>the
expansion of movements against global, neoliberal
apartheid</span></a><span>. It could also help
shift the p</span><span>olitical discourse in
Palestine from independence to decolonization. In his
seminal work </span><i><span>The Wretched of the
Earth,</span></i><span> Frantz Fanon argues that one
of the</span><span> pitfalls of national consciousness
is a liberation movement that ends with an independent
state governed by a nationalist elite that mimics the
colonial power. To prevent this from happening, Fanon
encourages a shift from national consciousness toward
political and social consciousness. Moving from
political independence to social transformation and
decolonization is the challenge facing post-apartheid
South Africa. Avoiding this trap is a challenge
confronting Palestinian political forces in the
struggle for liberation today. </span></p>
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