Friday, 19 August 2005

No 88 - 2005] SECOND SESSION, THIRD PARLIAMENT

PARLIAMENT

OF THE

REPUBLIC OF SOUTH AFRICA

____

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

____

FRIDAY, 19 AUGUST 2005

 

TABLE OF CONTENTS

TABLINGS

National Assembly and National Council of Provinces:

  1. The Speaker and the Chairperson

  1. Report of the South African Delegation to the Third Ordinary Session of the Pan-African Parliament, 29 March – 11 April 2005, held at Gallagher Estates, Midrand:

Executive Summary

 

Section A

1. Background

The report outlines the proceedings of the third ordinary session of the Pan-African Parliament, which took place between 29 March 2005 and 11 April 2005.

The third ordinary session of the Pan-African Parliament (PAP) was marked by the opening address by President Gertrude Mongella, and solidarity speeches by Speakers of various National Parliaments including the Hon Ms B Mbete, Speaker of the Parliament of South Africa.

The Hon. Speaker of the National Assembly of Uganda spoke for all speakers on the continent, while the Speaker of the Parliament of South Africa spoke in her capacity as the leader of the delegation of the host country. Both Speakers noted the successes of both the Pan-African Parliament as an institution, and the importance of the institution in uniting Africa’s people. While the Speaker of Uganda highlighted the strengths of the President of the Pan-African Parliament, whom he commended for honouring all women of Africa and the world. The Speaker of South Africa highlighted the importance of the Pan-African Parliament in reclaiming Africa’s land, and leading the continent in creating its own destiny.

The President of the Pan-African Parliament, Hon. Gertrude Mongella paid tribute to the late 4th Vice President, Hon Jerome Sacca Kina Guezere of the Pan-African Parliament. The President also noted the important role that South Africa had played in housing the Pan-African Parliament and providing structures for this purpose. The President further referred to the important role of the commission of the African Union, National Governments and the need for a budget for the Pan-African Parliament. The President further highlighted important achievements of the Pan-African Parliament, including the peacekeeping mission to Darfur.

2. Plenary Debates and Committee Meetings

The agenda of the third ordinary session of the Pan-African Parliament was conducted both in meetings of committees, as well as in the Plenary. The purpose of the committee meetings was to work through committee work programs and for each committee to come up with at least three priorities. Committees that are covered in the report include:

3. Recommendations

The House adopted the following recommendations:

  1. Pan African Parliament Peace Mission to Darfur (PAP-Rec. 001/05)
  2. World Summit on Information Society (PAP – Rec. 002/05)
  3. The African Land Title System (PAP-Rec. 003/05)
  4. The Creation of an African Phytogenetic Resource Bank (PAP-Rec.004/05)
  5. Communications and Information Infrastructure in Africa (PAP-Rec. 005/05)
  6. The request directed to States who have not yet ratified the Constitutive Act of the Union and Its Protocol (PAP-Rec.006/05)
  7. Encouraging Pan-African Investment and Financing Institutions to Focus on Africa’s Rural Economy (PAP-Rec.007/05)

 

 

 

 

4. RESOLUTIONS

  1. Signing of Adherence to the African Peer Review Mechanism (PAP-Res. 001/05)
  2. Resolution on the Development of a Continental Code of Conduct (PAP-Res.002/05)
  3. Appreciation of the Intervention of the President of the African Union in the Togo Crisis (003/05)
  4. Appreciation of the Work of Mr. Kofi Annan, The Secretary General to the United Nations (PAP-Res.004/05)
  5. Resolution Relating to the Presidential Elections in Togo on 24 April 2005 (PAP-Res. 005/05)
  6. Establishment of Pan African Investment and Financing Institutions for African’s Rural Economy (PAP-Res. 002/05)
  7. Designing Continental Policy Programmes for Environmental Protection and Efficient Utilisation of Natural Resource (PAP-Res. 004/05)
  8. Appreciation to H.E. Olusegun Obasanjo, Chairperson of the African Union, for his Actions on the Togo Crisis (PAP-Res.005/05)
  9. Dispatch of a PAP Mission to Cote D’Ivoire at the Beginning of May 2005 (PAP-Res.009/05)
  10. Dispatch of a PAP Peace Mission to the Democratic Republic of Congo During the First Fortnight of May 2005 (PAP-Res.10/05)
  11. Congratulating H.E. Thabo Mbeki, President of the Republic of South Africa, on His Success in Achieving a Peace Agreement Between the Warring Parties in Cote D’Ivoire (PAP-Res.008/05)

 

 

Section B

1. INTRODUCTION

The Third Ordinary Session of the Pan-African Parliament took place from 29 March to 11 April 2005 at Gallagher Estate, Midrand, Johannesburg.

The South African Pan-African Parliamentarians were: Ms. B. Mbete (Leader of the delegation), Mr. M.J. Mahlangu (Chairperson of the National Council of Provinces), Mrs. F. Hajaig, Advocate Z.L. Madasa and Ms. S.C. Vos. The delegation was assisted by Mr. B. Nonyana (support to Mr. Mahlangu), Ms. A. Barnard (Support to Ms. Mbete), Ms. B. Diutlwileng (Researcher), Ms. B. Letompa (Researcher) and Mrs. J. P. Merckel (Administrator).

The Third Ordinary Session of the Pan-African Parliament was marked by the opening ceremony that took place on Tuesday, 29 March 2005 and included solidarity speeches by various Speakers of National Parliaments including South Africa’s Speaker, Hon Ms Baleka Mbete. From Wednesday, 30 March to Monday, 11 April 2005, committee work and plenaries took place in earnest. The volume of work covered by the 10 committees and the quality of the debates in plenary showed the level of dedication and will to succeed from all the Pan-African Parliamentarians, particularly the South African members who made salient contributions to both the committee work programme and the debates in the House. At least two South African members participated in each debate over the 14 days, with firm commitments from all South African members to provide ongoing support to the Pan-African Parliament during its infant stage. An example of this commitment was displayed by Hon Mr Mahlangu who made himself available to assist with the drafting of a Code of Conduct for the Pan-African Parliamentarians and defining the Oversight and Accountability role of the Pan-African Parliament as an effective organ of the African Union.

The third ordinary session of the Pan-African Parliament was graced by excellent presentations by in particular Ambassador Djinnit, New Economic Partnership for Africa Development (NEPAD) and United Nations Children’s Fund (UNICEF) on HIV and Aids in Africa. On Friday, 08 April 2005, the third ordinary session was privileged to be in the presence of 8 previous Heads of State including the Prime Minister of Cote D’Ivoire, following the successful signing of the Pretoria Agreement on Cote D’Ivoire, a peace agreement brokered mainly by the H.E. President T M Mbeki.

2. ISSUES DEBATED IN THE HOUSE

The third ordinary session of the Pan-African Parliament focused on the following issues:

2.1 Solidarity Speeches.

2.2 Administrative issues, including:

    1. Procedural and process issues, including

    1. Debates on issues of continental significance. Topics that were debated include:

The third ordinary session of the Pan-African Parliament was attended by 194 members from 39 member states.

  1. Official Opening

Hon. Gertrude Mongella, M.P, President of the Pan-African Parliament, led the delegation in meditation and silent prayer and thereafter proceeded to invite various speakers to present messages of solidarity.

 

 

Solidarity Speeches

i) Speaker of Parliament: Uganda

The Hon.Speaker of the National Assembly of Uganda noted that the occasion of the Third ordinary session of the Pan-African Parliament marked the first anniversary of the Pan-African Parliament, which was inaugurated on the 1 of March 2004. The Speaker congratulated the first President of the Pan-African Parliament and indicated that Hon. Mongella honoured all women of the world, but particularly the women of Africa. He also saluted the founders of the Pan-African Parliament and highlighted the successes of the Pan-African Parliament and African Union (AU), particularly the peacekeeping successes, which are to promote peace, and security in areas like Darfur in Sudan. The Speaker also highlighted challenges that the Parliament faces, including funding. In conclusion, the Speaker extended gratitude to the South African Government for the support provided, including the building structure that houses the Pan-African Parliament.

ii) Speaker of Parliament: South Africa

Hon. Mbete noted that although the past year was a challenging one, the Pan-African Parliament has recorded many successes, which included achievements with regard to the Rules of Procedure. The Speaker indicated that the Constitutive Act of the African Union guided the rules and that the Pan-African Parliament did not have full legislative powers, but assumed an advisory role over Parliaments.

The Speaker indicated that it had been a challenge to set up clear oversight functions. One of the major challenges of the Pan-African Parliament is that it is not yet a fully legislative body, but only assumes an advisory role over Parliaments. It is important for the Pan-African Parliament to critically examine delivery by national Governments. In addition, although committees have been formed, there is still a need for clear programmes so as to provide positive feedback to member countries.

The Speaker noted that Africa was once regarded as part of Europe, and that Africa is now determined to reclaim its soil and create its own destiny. In conclusion, the Speaker stressed the need and importance of taking pride in the Pan-African Parliament, ensuring that it is not just a talk-shop and that it has substance. It was also important to ensure that at the end of the Third Ordinary Session, clear programmes for Committee work would be in place and positive feedback should be provided to member countries.

iii) Keynote Address: President of the Pan African Parliament (Hon. Ambassador Gertrude Ibengwe Mongella)

H.E. Ambassador Mongella made a formal announcement of the passing away of the 4th Vice-President of the Pan-African Parliament, Hon. Jerome Sacca Kina Guezere, who died on 11 January 2005 in his home country Benin after taking ill in Accra, Ghana. The President, as well as several other speakers, paid tribute to the late Vice President and requested a moment of silence in remembrance.

President Mongella highlighted the important role that South Africa has played in the establishment of the Pan-African Parliament and expressed appreciation to the host country and other national parliaments from across the continent for their support and contribution towards the development of the Parliament.

Key players in the development of the Pan-African Parliament had been:

The Parliament has carried out its activities under the leadership of the Bureau composed of the President and the 4th Vice-Presidents. According to Article 12 (5) the President and the Vice Presidents shall be the Officers’ of the Pan African Parliament. In the discharge of their duties, the officers are assisted by the Clerk and the two Deputy Clerks. The Bureau appointed an Interim Clerk and two Deputy Clerks while the Parliament was waiting for the approval of its budget for the recruitment of permanent staff. The Pan-African Parliament had adopted its own rules and procedures and formed 10 Parliamentary Committees according to Article 12 (1) and 12 (13), during its Second Ordinary Session in September 2004.

Swahili was introduced as a working language during the second session, bringing to the number of working languages of the Parliament to 5. Some of the successes of the Parliament include:

The ultimate goal is to make the Pan-African Parliament truly representative of the people of Africa in social, economic and political issues around the continent, as well as in international bodies so as to ensure that the agendas of Africa are considered by multilateral institutions. In addition, the Pan-African Parliament seeks to embrace programmes such as the NEPAD in addressing social and economic development of the continent, to protect the human rights of the African people, to manage the globalisation process by influencing the international agenda, as well as to enhance partnerships for effective resource sharing and advocacy.

4. Administration Process and Procedural Issues

The agenda for the Third Ordinary Session of the Pan-African Parliament, made allowance for various subjects to be debated in Plenary. The plenary sessions were robust and included inputs from all members of the South African Delegation.

Election of 4th Vice President

A new Vice-President was elected to replace the late 4th Vice-President of the Pan-African Parliament. Two candidates were nominated and Hon. Member Natra Keofile from Benin was elected.

 

Annual Report

The Annual Report was tabled in the House and was debated and adopted.

 

Work plan

The House considered a comprehensive work plan for the Pan-African Parliament for 2005. The 2005 work plan focused on the following key issues:

The work plan was widely accepted and adopted with the view that it could have been more specific and detailed in terms of activities, relationships with similar bodies and other organs of the African Union, the specific continental role of the Pan-African Parliament and expatiation on the Pan-African Parliament’s mandate.

Annual Budget

The Annual Budget of the Pan-African Parliament was tabled in the House. After some robust and intense debating, the Annual budget was adopted.

The PAP submitted a budget proposal of $6.9 Million, out of which $5.6 Million was approved by the AU executive council. The council effected several amendments to the budget, including:

In total, the original budget was reduced by $1 307 899.

Members expressed concern over the reduction of the budget, as well as the delay in the transfer of funds and indicated that this could have a negative impact on the activities of the Pan-African Parliament.

Hon. Dr Faika El_Refaie, seconded by Hon. Saida Agrebi, presented a written motion in terms of rule 61 that the House urges the African Union Commission to transfer the funds of the Pan-African Parliament budget without further delay, in order to enable the Parliament to carry out its mandate in accordance with the Constitutive Act, the Protocol and the Rules of Procedure.

 

Trust Fund

The Committee on Monetary and Financial Affairs presented a motion for the Parliament to grant permission for the establishment of a trust fund as an additional means to mobilise resources to support the work of the Pan-African Parliament. The trust fund will be beneficial, not only in accelerating the implementation of the programmes of the Parliament, but also in multiplying the direct benefits of regional cooperation as well as contributing to peace building, democratic governance, gender equality and the harmonisation of regional laws.

The trust fund would further enable the continental Parliament to function effectively and mobilise funds worldwide in order to supplement the African Union financial support. Funders prefer trust funds because a trust fund would enable them to have input in the management of such a fund. The Committee thus recommended that a trust fund would go a long way in building capacity for the Pan-African Parliament, as well as enable the Pan-African Parliament to be financially independent and thereby reducing its dependence on national governments and enhancing its oversight role.

The House adopted the motion and the President indicated that as soon as the trust fund is established, the Bureau should immediately set up the rules and regulations in relation to it.

 

5. Topics for Discussion

Debate on Transport, Industry, Communication, Energy, Science and Technology

The Chairperson of the Permanent Committee on Transport, Industry, Communication, Energy, Science and Technology presented a report on resolving communication and transport problems in Africa. The report highlighted the fact that the absence of transport infrastructure and sectoral plans to ensure links within and between sectors has seriously impeded social and economic development in Africa. It is therefore important to equip the continent with appropriate infrastructure, and more particularly with transport and communications networks that will facilitate trade and circulation.

African rail networks have not yet put in place regional connections able to foster true economic cooperation and ensure complementarity in development efforts in Africa, and also to facilitate trade between African countries. The renovation and modernisation of railway networks in Africa is a priority: doubling of existing tracks, renewal of facilities, maintenance of railway tracks and electrification of lines. This will ensure more efficient facilitation of the transport of goods.

African countries are adversely affected by poor road, maritime and air travel infrastructure, which need to be reorganised and modernised. The evaluation of the transport sector: land, sea and air, and the prospect of their development, has been recorded as a priority activity in the NEPAD framework. The Committee called upon all political and economic roleplayers tasked with the implementation of NEPAD to commit all necessary resources and means at their disposal to activating the development of the road and rail infrastructure through the construction of a regional connection likely to attain regional integration in the field of land and rail transport.

The Committee recommended the launch of extension, modernisation, harmonisation and electrification of railway lines. The Committee further recommended the rehabilitation of African ports and the extension of their capacity to be able to cope with container transport through links between all maritime regions in Africa.

The Committee identified a need to introduce a prevention and security policy as well as for rigorous control against maritime pollution. There is also a need for cooperation between African maritime companies so that their personnel can benefit from training in the fields of navigation, naval and repair work, upkeep and maintenance.

The Pan-African Parliament should commit all its Members to work within their own Parliaments and countries in order to get closer to the experts responsible for NEPAD follow-up. This should be done in order to allow Members to acquaint themselves with the realities of the road, rail, sea and air networks and to ensure the wide dissemination of the recommendations of the Pan-African Parliament.

The report was debated and widely accepted by Members as highly informative and crucial. The house therefore adopted the report.

The Speaker of the Republic of South Africa raised an oral motion in terms of Rule 62 that the Committee on Communication and Transport must conduct a comprehensive research study of all Transport and Communication problems in Africa and come up with solutions in this regard. This report should then be debated and adopted in the House.

 

Debate on Rural Economy, Agriculture, Natural Resources and Environment

The Committee on Rural Economy, Agriculture, Natural Resources and Environment made a presentation on the actions that must be taken by the Pan-African Parliament to harmonise state and regional policies, legislation and actions which would enable the continent to emerge from its current poverty. The Committee looked into ways in which the PAP can assist member states to adopt the Pan-African doctrine to integrate the rural economy components into a productive zeal for the continent.

The Committee recommended that Parliament carry out a continental study of the current position of each member state with a view to identifying common problems and programmes. Such a study needed to identify the existing policies aimed at solving rural economy, agriculture, natural resources and environment problems as well as enhancing existing programmes, with a view to adopting common policies which will ensure collective development on the continent.

Such policies should be popularised through seminars, public meetings in each state and communication through the media, to make the public aware of their existence. Meanwhile, the Pan-African Parliament and all other organs of the African Union should promote peace, security and good governance as necessary conditions for development.

The predominance of agriculture in Africa's rural economy should be recognised by governments and societies at large so as to accord this sector its due importance, in terms of financing, budgetary allocations, research and marketing of its products. The vital role of women in the development of Africa's rural economy should be recognised and men and women should be treated more equally.

Africa's environmental and natural resources are being carelessly depleted by the increase in human and animal populations. The Pan-African Parliament should, therefore, develop a continental policy to maintain the balance between the increasing populations and finite natural resources with a view to improving land fertility and agricultural production.

There is an urgent need for the African Union to establish a code of conduct for member states to abide by so as to ensure their fulfillment with the requirements of the code. Monitoring could be a big problem, hence the need for an enforcement mechanism such as the African Peer Review Mechanism. The Committee also presented a brief action programme for implementation.

Most Members expressed appreciation for the report and recommendations during the debate and the report was adopted.

 

Debate on the Pan-African Parliament Peace Mission to Darfur, Sudan

The Leader of the Fact-Finding Mission to Darfur, Hon. Abdul Katuntu, introduced the report of the Permanent Committee on Justice and Human Rights to the House, and the Rapporteur Hon. Halifa Sallah presented the report. The Committee recorded the following findings:

Among others, the Mission strongly recommended the following:

The report was debated and the recommendations were adopted. The report is attached as Annexure 5.

Debates on Peace on Security Issues in Africa

Debate on the Millennium Development Goals in Africa

The Chairperson of the Permanent Committee on Co-operation, International Relations and Conflict Resolution, Hon Elhadji Diao Kante, presented a report on achieving the Millennium Development Goals in Africa. The goals aim to:

  1. Eliminate extreme poverty and hunger; as well as ensure education for all.
  2. Promote sexual equality and the empowerment of women.
  3. Reduce infantile mortality and improve maternal health.
  4. Combat HIV and AIDS, malaria and other diseases.
  5. Ensure a sustainable environment.
  6. Set up a world partnership for development.

In order to reach these goals, each developing country is primarily responsible for its own development, which it must assume by:

Developed countries committed themselves to ensuring that developing countries that adopt transparent, credible and accurately costed development strategies receive all the support they need in the form of increased development aid, a commercial system more firmly aligned with development and broader intensified debt relief.

A debate ensued wherein members called for a review of the Millenium Development Goals (MDGs) and the restructuring of the African socio-ecomonic policies in order to meet the MDGs. Furthermore it was stated that, there is a need for reform of multilateral institutions such as the United Nations and the World Trade Organisation (WTO) to ensure trade fairness. The report was subsequently adopted.

 

Debate on HIV and Aids

The debate on HIV and Aids was preceded by an audiovisual presentation by members of European Parliamentarians for Africa (AWEPA). The presentation highlighted the Cape Town Declaration, which was established in 2004. However, AWEPA indicated that making declarations is not enough and that these should be implemented.

Child-headed households and children orphaned by AIDS are increasing, particularly in sub-Saharan Africa. The Pan-African Parliament should assume a leading role in the combating of HIVand AIDS. Sensitisation, education and the introduction of HIV and AIDS in the educational system is important. Further, since war increases the incidence of HIV and AIDS. Peace in Africa would reduce the incidence of the disease.

It is important to consider the different dimensions of HIV and AIDS - the health, social, human resources, developmental, human security and political aspects. HIV/AIDS should therefore be approached from a multi-sectoral point of view. It is also important to avoid fragmentation when dealing with AIDS orphans.

It is important to focus on behavioral change and to develop a continental plan to fight HIV and AIDS.

The President of the Pan-African Parliament informed European Parliamentarians for Africa (AWEPA) that the Pan-African Parliament has set up a trust fund specifically to mobilise funds to deal with such important continental issues. The House moved that the recommendations be adopted.

Debate on Reform of the United Nations

The debate on the Reform of the United Nations focused mostly on the reform of the United Nations Security Council as this is the most far-reaching reform owing to the important role that it has on international peacekeeping and security.

The Committee recommended that:

The report was adopted.

6. Committee Work Plans and Priorities

6.1 The Committee on Rules, Privileges and Discipline

SA Representative: Hon. M.J. Mahlangu

Priorities:

  1. Code of Conduct for Members of the Pan-African Parliament.
  2. Consideration of the Draft Proposal on Guidelines for Oversight and accountability for the Pan-African Parliament

Both agenda items were presented by the Hon. M.J. Mahlangu (South Africa). The following issues were considered in respect of the draft proposal on Guidelines for Oversight and Accountability for the Pan-African Parliament:

Code of Conduct for Members of the Pan-African Parliament

After consideration of draft Code of Conduct for Members of the Pan-African Parliament, the committee resolved that the Code would be presented to the House during the fourth Session of the Pan-African Parliament for adoption.

6.2 Committee on Co-operation, International Relations and

Conflict Resolution

SA Representative: Hon. B. Mbete

Priorities:

 

6.3 The Committee on Trade, Customs and Immigration Matters

SA Representative: Hon. F. Hajaig

Priorities:

  1. Fact finding visit to the commissioners of Trade and Industry, and Social Affairs of the African Union commission to get status reports on their activities with particular reference to trade regulations, tariff laws, immigration rules, regulations and laws.
  2. Invite NEPAD secretariat two days prior to the plenary to brief the committee on their programmes and Strategy on tariff laws, trade customs and immigration.
  3. Visit different economic sub-groupings: Southern Africa Developing Communities (SADC), Economic Community of West African States (ECOWAS), Common Market for Eastern and Southern Africa (COMESA), etc. with a view to discussing sub-groupings interrelationships and coordination in areas of the Technical Credit Insurance Consultants (TCIC) mandate.
  4. Workshop with representative of the World Trade Organisation to discuss Doha round and agriculture subsidies and non-trade barriers.

6.4 The Committee on Transport, Industry, Communications,

Energy, Science and Technology

SA Representative: Hon. S. Vos

Priorities:

    1. Assessing, through meetings, the situation in each area of jurisdiction of the Committee.
    2. Making an inventory of all Conventions, Agreements, Protocols and Treaties governing the various domains.
    3. Study New Economic Partnership for Africa Development (NEPAD’s) programmes and Projects Relevant to the Committee’s Activities.

6.5 The Committee on Justice and Human Rights

SA Representative: Hon. Adv. Z.L. Madasa

Priorities:

  1. Regional workshops for members of the Committee and other stakeholders and the broad objectives of the workshops have been identified as follows:
  2. 2. Creation of a database for the Committee

    The creation of a database for the Committee should be linked to the process of harmonising laws of member states. The gathering of information on Treaties, Protocols and Conventions relating to Human Rights issues. The Committee should look at the possibility of engaging consultants in the creation of a database and the database should take into account legislative information for each country with emphasis on democratic principles.

    3. Establishment of a desk on Human Rights

    The Committee proposes that the Bureau establishes a desk on human rights.

    7. RECOMMENDATIONS

    1. Pan African Parliament Peace Mission to Darfur (PAP-Rec. 001/05)

    The Pan-African Parliament recommends that the African Union should ensure:

    1. The political negotiations in Abuja which are designed to establish a democratic culture in Darfur that can guarantee the population a fair share of power and resources. This task should be accelerated and time bound;
    2. The Naivasha Model is adopted to conclude the negotiation so as to ensure complementarity in implementation of the mechanism for sharing power and resources in the Sudan;
    3. That the terms of the agreement to incorporate periodic consultation with all stake holders in the Sudanese society to ensure that no group is excluded or marginalised in the sharing of power and resources;
    4. That immediate steps are taken to influence the Sudanese government to find ways and means of quantifying and qualifying the losses caused by the war and launching a Trust Fund with the support of the African Union and the international community to finance a comprehensive resettlement programme for refugees and displaced persons;
    5. That the mandate of the African Union Mission is enhanced to include protection of the population in Darfur;
    6. That AMIS administrative structures are developed in line with the proposals in the Pan-African Parliament Report on the fact-finding Mission to Darfur;
    7. That the Joint Commission mentioned in the Humanitarian Cease Fire Agreement or a similar institution be established to receive reports and address queries of violations.
    8. That the Joint Commission establishes a close relationship with the African Commission on Human and People’s Rights to review the course of action that should be taken to address allegations of violations of human and people’s rights, war crimes, genocide or crimes against humanity;
    9. That particular emphasis is given to the disarming of groups, which are not party to the Cease Fire Agreement, especially the JanJaweed, so as to bring the whole population of Darfur on board to negotiate for peace under a climate of democracy and human rights.
    10. That the Peace and Security Council of the Union begin urgent consultation with the UN Security Council to facilitate complementarity in the approaches to promoting a final settlement of the Darfur crisis. This should be done in order to foster dispensation of justice at the right time and under the right circumstances to avert any reversal of the gains made in resolving the crisis.

    2. World Summit on Information Society (PAP – Rec. 002/05)

    The Pan-African Parliament recommends that member Parliaments contribute to the success of the Summit by sending high-powered delegations to the Summit.

    3. The African Land Title System (PAP-Rec. 003/05)

    The Pan-African Parliament hereby recommends that the African Union investigate the viability of harmonising the establishment of an African Land Title System.

    4. The Creation of an African Phytogenetic Resource Bank (PAP-

    Rec. 004/05

    5. Communications and Information Infrastructure in Africa (PAP-Rec. 005/05)

    The Pan-African Parliament recommends to the African Union that the establishment of a new database in the fields of telecommunications and transport be considered within the New Economic Partnership for Africa Development (NEPAD) framework and base on:

    Recommends further to the African Union that the important projects within the NEPAD medium term framework be brought forward in order to allow the creation of a reliable and efficient African telecommunications and transport system able to speed up the physical integration of Africa, eliminate problems relating to distance, facilitate mobility, promote exchange and legitimately support the lasting development of Africa.

    6. The Request directed to States who have not yet ratified the Constitutive Act of the Union and its Protocol (PAP-Rec.006/05)

    The Pan-African Parliament urgently appeals to all the African States that have not yet ratified the Constitutive Act of the African Union and above all to those who are members of the Pan-African Parliaments to do so as soon as possible.

    7. Encouraging Pan-African Investment and Financing Institutions to Focus on Africa’s Rural Economy (PAP-Rec.007/05)

    The Pan-African Parliament therefore recommends that the African Union, in conjunction with the Private Sector, Pan-African Investment and Financing institutions, encourages new and existing investment and financing institutions to focus on the continent’s rural economies.

    8. RESOLUTIONS

    1. Signing of Adherence to the African Peer Review Mechanism (PAP-Res. 001/05)

    Resolve to reiterate its Recommendation REC 002/04 on the importance of signing of the African Peer Review Mechanism (APRM) by States and Governments as a demonstration of their commitment to development the principles of democracy and good governance, Rule of Law and respect for human rights.

    2. Resolution on the Development of a Continental Code of Conduct (PAP-Res.002/05)

    Resolves:

      1. That the African Union develops a Continental Code of Conduct on the Use and Exploitation of the Natural Resources to be implemented, alongside instruments such as the Environment Benefit Index (EBI), by Member States through legislation in their respective national territories;
      2. That each Member State annually reports to the African Union its adherence to the said Code of Conduct; and
      3. That the African Union designs continental policy programmes for environmental protection and efficient utilisation of the natural resources for adoption by Member States and Regional Economic communities.

    3. Appreciation of the Intervention of the President of the African Union in the Togo Crisis (PAP Res-003/05)

    The Pan-African Parliament commends H.E. President Olusegun Obasanjo, the President of the African Union, for his courageous and principled action.

    4. Appreciation of the Work of Mr. Kofi Annan, The Secretary General to the United Nations (PAP-Res.004/05)

    The Pan-African Parliament expresses its support for Mr. Kofi Annan, as Secretary General of the UN, and wishes him success throughout his tenure of office at the United Nations.

    5. Resolution Relating to the Presidential Elections in Togo on 24 April 2005 (PAP-Res. 005/05)

    The Pan-African Parliament therefore calls upon the government and the Togolese people to ensure the calm and transparent organisation of the presidential elections on 24 April 2005.

    6. Establishment of Pan African Investment and Financing Institutions for African’s Rural Economy (PAP-Res. 002/05)

    Resolves that the African Union establishes, in conjunction with the Private Sector, Pan African Investment and Financing institutions for the continent’s Rural Economy.

     

     

     

    7. Designing Continental Policy Programmes for Environmental Protection and Efficient Utilisation of Natural Resource (PAP-Res. 004/05)

    The African Union should design Continental Policy Programmes for environmental protection and efficient utilisation of the natural resources for adoption by Member States and Regional Economic Communities.

    8. Appreciation to H.E. Olusegun Obasanjo, Chairperson of the African Union, for his Actions on the Togo Crisis (PAP-Res.005/05)

    Commend, therefore, the African Union Chairperson for his courageous and principled actions.

    9. Dispatch of a PAP Mission to Cote D’Ivoire at the Beginning of May 2005 (PAP-Res.009/05)

    Expressing its satisfaction at the avant-garde role and the commitment of the African Union in establishing peace and security in Africa:

    10. Dispatch of a PAP Peace Mission to the Democratic Republic of Congo During the First Fortnight of May 2005 (PAP-Res.10/05)

    The Pan African Parliament, expressing its satisfaction at the avant-garde role and the commitment of the African Union in establishing peace and security in Africa:

    Decides on the dispatch of a Pan-African Parliament peace mission from the Pan-African Parliament to the Democratic Republic of Congo in order to make an assessment and to submit a report to the Pan-African Parliament.

    11. Congratulating H.E. Thabo Mbeki, President of the Republic of South Africa, on His Success in Achieving a Peace Agreement Between the Warring Parties in Cote D’Ivoire (PAP-Res.008/05)

    The Pan-African Parliament resolves to convey our heartiest congratulations to H.E President Thabo Mbeki of South Africa on his successful mediation of the conflict in Cote d’Ivoire and his personal commitment to peace in Africa. The Pan-African Parliament commends him for his distinguished career initiatives in the name of the people of the United Nations.

     

    9. Conclusion / Wayforward

    The South African delegation was active in all sessions of the Pan-African Parliament and the delegation is fully supportive of all developments of the Parliament. In particular, the Speaker highlighted the importance of strengthening Committees in her solidarity speech. This has been a priority as Committees have developed their work plans and priorities. In addition, some Committees have been able to produce reports that were debated in the plenary and were extremely beneficial to the Pan-African Parliament.

    The delegation also noted a need to highlight the major achievements and gains that were made during the Pan-African Parliament’s second session when it adopted the rules of procedure to regularise the internal functioning of the parliament. These rules of procedure were modelled along the lines of the institution’s Constitutive Act. At the end of the second session last year, 2004, the Pan-African Parliament passed a resolution to send a mission to Darfur to establish facts about the conflict in that region and also make recommendations, which will be sent to African Union (AU) head of state and governments in 2005. This was a major step, which showed Africa’s readiness to attend to its problems without relying on external powers to do so on its behalf. The report on the conflict in Darfur was tabled during the third Pan-African Parliament’s third session by the Committee which was tasked to do so which consists of Advocate Z. Madasa.

    The Pan-African Parliament’s third sitting took another brave step towards addressing the issue of land redistribution in Africa, which traces its background to the wars of dispossession of the Africans by the colonialists. The Pan-African Parliament’s calls for the establishment of the African Land Title System that will go a long way towards addressing problems related to land dispossession on the continent. The institution also took cognisance of the fact that the continent has become a dumping ground for all sorts of foodstuffs by the West’s wealthy nations. In an attempt to alleviate this burden, it passed a resolution calling on the African Union to create a data bank for the storage of the continent’s phytogenetic resources. This aims to preserve plant species and reconstitute the vegetation cover in the event of major ecological disasters, and to promote agronomic research for the improvement of plant species as well as create seed data banks based on improved species.

    The third session also paved the way for tackling one of the critical issues that prevents the continent from effectively becoming part of the global community and crossing the digital divide, the improvement of its telecommunications and information technology as well as its transport systems. To achieve this, the Pan-African Parliament has recommended the establishment of a new database in the telecommunications and transport fields within the NEPAD framework. This is to be based on private and public partnerships, with the use of digital transmission technologies, the support for planning and management of spectrum frequencies and the qualitative support for selected projects. This includes the manufacturing of computers and telecommunications facilities, which will make out the key components of NEPAD’s framework for the continent. It is also becoming clear that the Pan-African Parliament’s advisory role will finally transform into effective oversight powers when its current role is reviewed after the first five years of its existence. The House have agreed on the Fourth session to be held in September/October 2005 at Gallagher Estate, Midrand.

     

     

     

    List of Abbreviations

    AU African Union

    H.E His/Her Excellency

    NEPAD New Economic Partnership for Africa’s Development

    PAP Pan-African Parliament

    SADC Southern African Development Community

    CPA Commonwealth Parliamentary Association

    UNICEF United Nations Children’s Fund

    PACE The Parliamentary Assembly of the Council of Europe

    ECOWAS Economic Community of West African States

    AWEPA European Parliamentarians for Africa

    UNDESA United Nations Department of Economic and Social Affairs

    COMESA Common Market for Eastern and Southern Africa

    TCIC Technical Credit Insurance Consultants