First Report of the Select Committee on Security and Constitutional Affairs on the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime, dated 19 November 2003:

The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime, referred to it, recommends that the Council -

1....... approve the said Protocol in terms of section 231(2) of the Constitution;

2....... approve that the Director-General of the Department of Transport be designated as an authority to receive and respond to requests for assistance. In addition, approve that the Director-General of the Department of Transport will be complemented by the South African Maritime Safety Authority (SAMSA), the Department of Home Affairs, the South African Police Service and the South African National Defence Force; and

3....... approve that the Republic of South Africa, in line with her previous position, when ratifying United Nations multilateral treaties, enter a reservation against the compulsory jurisdiction of the International Court of Justice (ICJ) with regard to settlement of disputes arising out of the interpretation or application of the Protocol as provided for in article 20(3) of the Protocol. The Republic of South Africa does not recognise the compulsory jurisdiction of the ICJ as provided for in article 36 of the Statute of the ICJ.

The reservation, in line with our previous position stated above, has been formulated as follows:
"Pending a decision by the Government of the Republic of South Africa on the compulsory jurisdiction of the International Court of Justice, the Government of the Republic does not consider itself bound by the terms of article 20(2) of the Protocol which provides for the compulsory jurisdiction of the International Court of Justice in differences arising out of the interpretation or application of the Convention. The Republic will adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute is required in every individual case.".

Report to be considered.