STATUS OF INTERNATIONAL AGREEMENTS

A PRESENTATION TO THE JOINT STANDING COMMITTEE ON DEFENCE
Chief of Policy and Planning
(Mohlolo Siko, Director Foreign Relations Policy)
Parliament, Cape Town,
6 August 2003
AIM OF THE PRESENTATION

To provide an overview of the status of international agreements the Department of Defence has entered into with other countries and international organisations.

SCOPE OF PRESENTATION
Introduction
Policy Framework
Status of International Agreements
Challenges for Prioritisation

INTRODUCTION

+South Africa's recent entry into and role
in the international community has resulted in an increase in the following:
International Agreements
Number of Missions
Participation in Bilateral and Multilateral cooperation structures

INTRODUCTION

Since becoming part of the global community in 1994, the RSA’s defence relations have expanded four fold.
This has resulted in the signing of more than 100 international and other forms of defence Agreements.
Maintaining and servicing these Agreements and foreign defence relations is a continuous requirement.

INTRODUCTION

Given the policy imperatives of Government, the Department of Defence also plays a role as an instrument of foreign policy

POLICY FRAMEWORK

Constitution of the Republic of South Africa
Manual on Executive Ads of the President
International Relations, Peace and Security Cluster (Directors General and Ministers)
DoD Policy on Defence External Relations
DoD Policy and Procedures for the Managements of International Agreements.

CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA

Chapter 14, General Provisions make pronouncement on the negotiating and signing of all international agreements.

MANUAL ON EXECUTIVE ACTS OF THE PRESIDENT

Chapter 5, International Agreements & Representation of the Government on International level provides for:
Negotiation and signing of international agreements
Ratification and Accession in international law
"National" or "Domestic" approval

MANUAL ON EXECUTIVE ACTS OF THE PRESIDENT

Agreements requiring approval by Parliament
Those not of a technical or administrative nature such as Treaties, Multilateral Agreements-Protocol on the Establishment of the Peace and Security Council of the African Union
International Agreements which may be signed by the National Executive
Those of a technical, administrative or executive nature such as the range of Protocols or MOU’s on Defence Co-operation

MANUAL ON EXECUTIVE ACTS OF THE PRESIDENT

Authority to sign agreements
Formal steps before submission to President’s Office
Role of Department of Foreign Affairs
Consequential Legislation
Treaty register

INTERNATIONAL RELATIONS, PEACE & SECURITY CLUSTER

An element of the co-operative approach to governance adopted by Government under the new Cabinet System since 1999
Based on the need to facilitate creative & cross-sectoral thinking on policy issues
Joint policy development to ensure alignment of sectors with the national strategic policy framework

INTERNATIONAL RELATIONS, PEACE & SECURITY CLUSTER

Strategic and international planning on foreign relations and trade
IRPS Cluster Priorities, e.g. Revised IRPS Cluster Priorities 2002/3:
Spells out envisaged tasks on Conflict Management and Resolution – Country Focus
Role of Bilateral Co-operation in Peace, Stability and Security

DEPARTMENT OF DEFENCE POLICY ON DEFENCE EXTERNAL RELATIONS

This policy document provides for:
A framework for defence external relations and activities
A basis for ensuring that defence external relations are conducted in an efficient, consistent, co-ordinated and pro-active manner

DEPARTMENT OF DEFENCE INSTRUCTION ON THE POLICY & PROCEDURES FOR MANAGEMENT ON INTERNATIONAL AGREEMENTS

This policy prescribes the procedures to be followed
Entails the legal foundation for conclusion of agreements
Departmental procedures, formalities and general guidelines

CHALLENGES FOR PRIORITISATION

The development of criteria for the prioritisation of foreign relations is informed by the following considerations:
The DoD’s primary function in the fulfillment of its constitutional and legislative obligations
How relations with an individual state impacts on the DoD’s ability to execute its mandate.

FRAMEWORK FOR PRIORITISATION

A Framework for Prioritisation of Defence Foreign Relations must be formulated through a consultative process with key stake-holders and role-players in terms of:
Considerations in Developing Criteria
Assumptions
Allocation of Weights
Scaling of Countries

CONSIDERATIONS IN DEVELOPING CRITERIA

Background
The dilemma that the DoD faces is how to prioritise its foreign relations and activities.
A defined foreign relations strategy, based on sound planning and prioritisation, is underway.

CONSIDERATIONS IN DEVELOPING CRITERIA

Foreign policy imperative instructs for avoidance of reliance on any single state in military assistance and co-operation
Focus on the Southern African Development Community and Africa
Support to Government’s initiatives with regard to multilateral bodies, in particular the African Union/NEPAD and SADC.

CONSIDERATIONS

These are the extent to which:
National interests will be served by relations with that country;
Foreign policy will be served by relations with that country;
Defence interests will be served by relations with that country;
The nature of the problem and risks attached to relations with that country.

ASSUMPTIONS

Although based upon objective fact, the objective decision to assign priority is often a matter of political choice, at the highest level.

ALLOCATION OF WEIGHTS TO CRITERIA

Weights will have to be allocated to specific criteria such as:
Constitutional Obligations
National Interest (National Security Policy)
Service and Division specific needs
Equipment and Arms Sales/Purchases
-National Arms Control regime and associated International Treaties or Conventions ratified or accedded to.

ALLOCATION OF WEIGHTS TO CRITERIA AND SCALING

Training Opportunities
Peace Support Operations
Confidence-building
Peace, Security and Stability

Based on the scores obtained, a scale will be used to determine the extent to which each individual state complies with the criteria.

SCALING OF INDIVIDUAL COUNTRIES

The determination of defence relations with a given country could be based on a foreign policy rating of
‘high’, ‘medium’ or ‘low’ for each country
The overall rating of a country would be in turn determine the priority attached to defence relations with that country.