Report of the South African Parliamentary Delegation on the 17th Plenary Assembly Session of the Southern African Development Community (SADC) Parliamentary Forum, held at Dar Es Salaam, Tanzania, 10

Report of the South African Parliamentary Delegation on the 17^th Plenary Assembly Session of the Southern African Development Community (SADC) Parliamentary Forum, held at Dar Es Salaam, Tanzania, 10 – 17 December 2004:

Executive Summary

This report constitutes the report of South Africa’s Parliamentary delegation to the 17^th Parliamentary Forum’s Plenary Assembly held in Dar Es Salaam, Tanzania from the 10^th to the 17^th December 2004.

The theme and main focus of the 17^TH Plenary Assembly Session of the Southern African Development Community Parliamentary Forum (SADC PF) was "A review of the role of the SADC Parliamentary Forum in promoting democratic elections". The Plenary Assembly has played a critical role in highlighting the challenges facing developing countries and the important role of the SADC Parliamentary Forum (SADC PF) in promoting democratic elections in the Southern African region.

South Africa’s delegation to the SADC PF Plenary Assembly was led by the Honourable Speaker Ms. B. Mbete and included the South African Parliament’s four other elected representatives to it. The Plenary Assembly was graced at its opening with addresses by amongst others the President of the United Republic of Tanzania, His Excellency B. W. Mkapa; the President of the Pan African Parliament, Ambassador G. Mongella; and the outgoing Chairperson of the SADC PF, the Speaker of the National Assembly of Lesotho, the Honourable N. Motsamai.

Key issues that arose from President Mkapa’s address include the need for the SADC PF to continue to work to advance good governance and sustainable development in the region and monitor member states’ elections with the objectives of ensuring that they meet the region’s criteria in terms of free and fair elections. Lastly the President highlighted the need for the SADC PF to continue to play an active role in ensuring that all the member states meet their agreed targets of at least 30% of their Parliamentarians being women.

President Mongella emphasised amongst other issues, the need for the SADC PF to play a central role in strengthening the Pan African Parliament (PAP) at this critical stage in its development and ensuring that issues of concern to the Southern African region are raised at the PAP.

Speaker Motsamai called for the SADC PF to continue to work for the establishment of a Southern African Parliament as a vehicle to work towards addressing the region’s socio-economic challenges.

The Executive Committee received reports and discussed reports from its Legal Sub-Committee, the Election Observation Missions, the SADC PF’s Secretary General, Dr. K.M. Mutukwa and the Treasurer. Key issues that arose from these reports and discussions included the need to ensure that Member States’ delegations to the Plenary Assemblies meet the SADC PF’s gender targets. The Election Mission reports on the 2004 elections in Botswana, Namibia and Mozambique were accepted and the elections themselves were agreed to have been the region’s criteria in terms of being free and fair. It was agreed that with the SADC PF’s 2000 to 2005 programme nearing its end, that there is a need for a new programme to be developed and that this should include receiving the approval of the annual SADC Heads of State Summit for establishing a regional parliament by 2007. The Executive Committee also agreed that the contract of the Secretary General should be renewed.

The Secretary General also highlighted donor commitments made to sponsor SADC PF training programmes by United States Aid, inter-parliamentary cooperation between Angola and Zambia, the hosting of the first session of the PAP by South Africa and progress made by member states towards achieving the region’s gender targets. The outgoing Treasurer emphasised the need for Member States to pay their contributions to the SADC PF timeously and of their requirement to assist with the costs of its training programmes as per the funding agreements with the donors.

The Plenary Assembly’s Regional Cooperation and Integration; Inter-Parliamentary Cooperation; Democracy, Gender and Conflict Resolution/ Peace Building; Regional Women’s Parliamentary Caucus; and HIV and AIDS committees met and made various critical recommendations. They included the need for increased cooperation between the New Partnership for Africa’s Development (NEPAD) and the SADC PF’s Secretariats; increased regional economic integration amongst Member States; increased levels of interaction and the sharing of best practises between Member States Parliaments; the strengthening of the SADC PF’s election monitoring capacities; the rededication of Member States’ efforts towards achieving the region’s gender representivity targets and the expansion of relevant programmes in this regard; and the need for mass public education programmes to help deal with HIV and AIDS issues.

During the Plenary Sessions inputs were made on the region’s electoral policies and reforms and gender representation. Key issues that arose from these include the importance of strengthening the SADC PF’s election management capabilities, constitutional and electoral reforms in strengthening democratic elections in the region, and the need to deepen Member States’ political commitment towards meeting the region’s gender representivity targets and other gender objectives. The Plenary Session reaffirmed the need to continue to work towards establishing a regional Parliament. South Africa’s country report was presented to the Plenary by the Speaker, the Honourable, Ms. B. Mbete and well received, especially with regards to South Africa’s progress in terms of gender representivity and rights.

At the Plenary Assembly various key issues were identified for the South African Parliament to follow up. These include issues ranging from South Africa’s policy on Genetically Modified Organisms; the development of the SADC PF’s Leadership Training Centre; the ratification of the Protocol on the establishment of the SADC Parliament, issues surrounding the Global Fund; the scrutiny of regional and national electoral laws and policies; ensuring national privatisation policies benefit their citizens; and the translation and utilisation of the SADC PF Handbook for MPs.

1. Introduction

This report constitutes the report of South Africa’s Parliamentary delegation to the 17^th Parliamentary Forum’s Plenary Assembly held in Dar Es Salaam, Tanzania from the 10^th to the 17^th December 2004. The delegation included:

Hon. Speaker Ms. B. Mbete (Head of Delegation)
Hon Ms F. Hajaig
Hon Ms N. Ntwanambi
Hon Mr. W. J. Seremane
Hon Mr. D. J. Sithole

2. Opening Session

Addresses at the Opening Session included:

The President of the United Republic of Tanzania, His Excellency B.W. Mkapa,
The President of the Pan African Parliament, Her Excellency, Ambassador G. Mongella,
The Speaker of the Tanzanian Parliament, Mr. P. Msekwa,
The Chairperson of the SADC-PF, the Speaker of the Lesotho Parliament, the Honourable Ms. N. Motsamai,
The Speaker of the Namibian Parliament, the Honourable Dr. M.P. Tjitendero, and
The Secretary General of the SADC PF, Mr. K.M. Mutukwa.

2.1 Welcoming Address by the host Speaker of the Tanzanian Parliament

The host Speaker, Mr. P. Msekwa, welcomed the delegates to Tanzania and highlighted the following:

His Parliament’s commitment to and support for, the SADC PF.
The centrality of democratic elections in enhancing good governance, accountability, transparency and citizen participation in the affairs of government.

2.2 Address by the President of the United Republic of Tanzania

The President of the United Republic of Tanzania, His Excellency B. W. Mkapa, officially opened the Plenary Assembly. The President highlighted the challenges facing developing countries and the important role of the SADC Parliamentary Forum (SADC PF) in promoting democratic elections in the Southern African region.

In his address, the President emphasised the following:

- That the SADC PF should be commended for taking the lead and ownership of the observation of elections throughout the region.
- That prior to the formation of the SADC PF, elections in the region were observed largely by persons and institutions from outside the region.
- That the SADC PF needs to continue to take its rightful place in advancing the important objectives of good governance and sustainable development in the region.
- That the SADC PF needs to continue to base its criteria for free and fair democratic elections upon the subjective conditions of the region.
- That the SADC PF must continue to play an active role in ensuring that all the member states meet their agreed targets of at least 30% of their Parliamentarians being women, as outlined in the SADC Declaration on Gender and Development.

2.3 Address by the President of the PAP

The President of the PAP, Ambassador G. Mongella, commended the active involvement of the SADC PF in the promotion of democratic elections in the region as well as noting the following:

- The importance of regional parliamentary assemblies as anchors for the PAP.
- The setting of an African agenda for the peoples of Africa, in the face of globalisation requires cooperation between and amongst all levels and institutions of the continent.
- The need for continued dialogue between the PAP and its structures, the SADC PF and other regional parliamentary assemblies in order to promote information sharing and cooperation among the institutions and to ensure that the views of Africa’s parliaments are heard.

2.4 Address by the Secretary General of the SADC PF

The Secretary General of the SADC PF, Dr. K.M. Mutukwa highlighted key developments in the role of the SADC PF in promoting democratic elections in the region. These included:

- The positive increased regularity of free and fair democratic elections in the region.
- The regular and effective election observation missions undertaken by the SADC PF in 2004. These were the elections in South Africa, Malawi, Botswana, Namibia and Mozambique.

2.5 Address by the Chairperson of the SADC-PF

The Chairperson of the SADC-PF, the Speaker of Lesotho, the Honourable N. Motsamai highlighted:

- The continued need for the prompt establishment of a SADC Parliament with a new working date proposed for 2007.
- The need to continue lobbying the Heads of State and Foreign Ministers of the member states to support this goal.
- The slow rate of progress with regard to the attainment of the targets set in the SADC Declaration on Gender and Development.
- The need for member states’ governments in general and political parties in particular, to work towards achieving the goals set out in the SADC Declaration on Gender and Development, i.e. ensuring that at least 30% of their public representatives are women.
- The need for the international community to assist the region and the continent in the fight against diseases by contributing generously to the United Nations’ Global Fund on Aids, Malaria and Tuberculosis.
- The recent successful inauguration of the Pan African Parliament (PAP) and its importance as a vehicle for enhancing public participation in matters affecting the peoples of Africa.
- The need for regional parliamentary structures to be effectively utilised as building blocks for the PAP and as an assurance for the sustenance of the continental agenda at a regional level.
- That the lack of a regional Parliament would disadvantage the region in the Pan African Parliament processes.
- The importance of complementarity between a regional Parliament and the work of SADC and its member states’ governments.

2.6 Vote of thanks by the Speaker of the Namibian Parliament

The Founding Chairperson of the SADC PF and the Speaker of the Namibian Parliament, the Honourable Dr M.P. Tjitendero highlighted the importance of the 17th Plenary Assembly in contributing towards a common vision of the role of SADC Parliamentary Forum in promoting democratic elections.

The Honourable Speaker, Dr. M.P. Tjitendero, delivered a vote of thanks in which he highlighted the importance of regional integration and Parliamentary cooperation. Speaker Tjitendero emphasised the important role played by the people and government of Tanzania in the liberation struggles of Africa in general and the region in particular.

3. Executive Committee Meetings – Key issues

Hon. Speaker Mbete represented the South African delegation on the Executive Committee.

3.1 Report of the Legal Sub-Committee

The Legal Sub-Committee reported that the majority of Parliaments had met the requirements for their delegations. They also reported that:

- Mauritius did not meet the criteria of including a female representative.
- Angola’s Speaker would arrive late due to other urgent matters that he had to attend to.
- Mozambique was not able to attend, as its elections had not been formally concluded yet.
- There was an insufficient number of Parliamentarians attending the Women’s Caucus.

It was recommended that in future, possible sanctions against delegations that do not meet the requirements of the SADC PF’s guidelines for the composition of delegations, should be considered.

3.2 Election Observation Missions

The Executive Committee discussed the reports of the SADC Parliamentary Forum election observation missions to Botswana, Namibia and Mozambique. The discussions focused on common measures for evaluating elections as contained in the Norms and Standards Document. It was noted that in all three cases, the electoral processes had afforded the people of their countries the opportunity to express their will and elect leaders of their choice and that the elections met the agreed regional standards for what constitutes free and fair democratic elections.

It was agreed that future election observation missions needed to avail more time and resources for the pre and post election phases. The SADC PF and member states should also strive to ensure that the recommendations of the observer missions are implemented as they arise and that the lessons derived from them are taken into account when planning for future elections. There is also a need for greater coordination and cooperation between the SADC PF and SADC election observer missions, whilst taking into account their distinct identities and programmes.

The 2005 election observation missions agreed to by the Executive Committee meeting are Zimbabwe, Mauritius, the Democratic Republic of Congo and Tanzania. Criteria for mission leadership include gender representivity, membership of Executive and Standing committees and a record of previous leadership of missions.

3.3 SADC-PF Strategic Plan

It was noted that the SADC-PF had achieved its objectives as contained in the Strategic Plan (2000 – 2005). The Executive Committee adopted a programme to guide its work for 2005. It will need to begin developing a strategic plan for the next five-year period. This would include working towards securing the approval of the SADC Heads of State Summit to establish a regional parliament in 2007.

3.4 SADC Parliament

The Executive Committee reported that the SADC Council of Ministers recommended that the SADC Heads of State Summit consider the proposed establishment of the regional parliament. It was reported that the Heads of State Summit looked positively upon the idea of establishing a regional parliament but that this should not be done in the immediate future. The Executive Committee expressed appreciation to the Heads of State for allowing the SADC PF Secretary General to attend the Summit. It viewed this as a positive step in strengthening the relationship between the SADC PF and SADC as a whole. The Executive Committee further agreed that the goal of a regional parliament is still an important one for which they will continue to work towards, though within a more realistic time frame.

3.5 Staff

The Committee considered the renewal of the contract of the Secretary General, Dr. K.M. Mutukwa and proposed that his contract be renewed.

3.6 Secretary General’s Report

Key highlights of the Secretary General’s report included:

- Observer missions for the elections in Botswana, Namibia and Mozambique.
- Handbooks for Members of Parliament.
- A commitment by United States (US) Aid to provide US $15 million for SADC PF programmes. The Swedish International Development Agency and the United Nations have also committed themselves to sponsoring the work of the SADC PF.
- A Regional Integration Seminar focusing on how member states can best manage their debt.
- The work of the Angolan and Zambian Parliaments in strengthening cross-border cooperation.
- South Africa’s successful hosting of the inaugural session of the PAP.
- Member states are still mostly far from achieving the target of 30% of their public representatives being women by 2005.

3.7 Steering Committee’s Report

Key issues from the Steering Committee’s report were:

- That Cabinet Ministers should not be part of the SADC PF’s election observer missions due to the need for the SADC PF to be seen to be representing non-executive Members of Parliament.
- The Leadership Training Centre’s host and funding proposals require further investigation and clarification and that these need to be done as soon as possible. The Centre should fall under the responsibility of the SADC PF Secretariat.

3.8 Treasurer’s Report

The Executive Committee considered the Treasurer’s Report. The Treasurer reported that contributions are now denominated in South African rands at a fixed US $ exchange rate. It was also reported that there had been some financial losses due to the depreciation in the value of the United States $ and the appreciation of the South African rand.

Member states were reminded of the need to pay their membership fees timeously and of the fact that SADC PF Protocol provides for sanctions against those who do not do so. Member states will also be asked to contribute 10% of the costs for projects funded by overseas donors as part of the funding agreements’ requirements.

4. Standing Committees

4.1 Regional Cooperation and Integration
The Committee focused on Genetically Modified Organisms (GMOs), the New Partnership for Africa’s Development (NEPAD) and African Peer Review Mechanism (APRM), as well as the shortage of permanent staff for Standing Committees. Its recommendations include the following:

- That a seminar be convened with experts with differing positions on GMOs for the purposes of informing the SADC PF on the subject. Member states should also submit reports to the Secretariat in this regard.
- That the NEPAD (New Partnership for Africa’s Development) and SADC PF Secretariats should coordinate their work and brief the SADC PF on the work of the NEPAD Secretariat and the implementation of NEPAD and African Peer Review Mechanism in the respective member states.
- Considering the staffing constraints experienced by the SADC-PF Secretariat, the Committee also recommended that national Parliaments second staff to the Standing Committees of the PF.
- That visa requirements for citizens travelling within the region should be lifted, with the exception of those seeking employment.
- That national parliaments and the SADC PF should play greater roles with regard to ensuring that their respective executive branches manage their debts as effectively as possible.
- That national parliaments and the SADC PF should ensure that the privatisation policies pursued by their executive branches are in line with their economic and social delivery policies and that their citizens benefit from these.
- That national parliaments and the SADC PF should work to ensure that their respective citizenry are informed and aware of their constitutional and related rights.

4.2 Inter Parliamentary Cooperation
The Committee made the following key recommendations:

- That a thematic session for the next Plenary Assembly be held on NEPAD with an input by the NEPAD Secretariat.
- That the core programmes of the SADC PF should be funded by the member states.
- That member states and the SADC PF should ensure that the Handbook for Members of Parliament (MPs) should be translated into their respective languages and distributed to all MPs in the region.
- That the SADC PF expands its Portuguese translation capacity levels and that all its documents are available in Portuguese as a matter of course.
- That the SADC PF develops programmes to ensure the exchange of best practises, policies and ideas between member states. These would include study tours, the development of information technology and newsletters.
- That the SADC PF ensures that the region develops common policy positions for PAP sessions and that the regional caucus at PAP functions effectively.
- That member states’ national parliaments establish sub-committees to deal with NEPAD matters.

4.3 Democracy, Gender and Conflict Resolution/Peace Building
Included among the key matters of discussion by the Committee were its mandate to consider election observation reports and the Executive Committee’s mandate to decide on the Leadership of election observation missions. The Committee noted that during the 16th plenary meetings of the SADC PF, it was resolved that it shall retain its mandate to consider election reports while the executive committee retained the role of deciding on the leadership of the election observation missions.

The Committee also considered the report on engendering SADC Parliaments’ activities. A roundtable on Capacity Building and Training on Gender for Parliamentary Committees responsible for Poverty Reduction, Food Security / Agriculture, Natural Resources Management and the SADC PF Standing Committee on Regional integration was held in Angola on the 22nd to the 24th of September 2004. The overall objective of the roundtable was to strengthen the capacity of parliamentarians on gender mainstreaming by highlighting the need for a gender perspective in poverty reduction strategies, food security and agriculture, natural resources management and regional integration.

Among other recommendations, the participantsat the roundtable resolved that they would advocate the improvement of poverty diagnosis and analysis approaches, and that SADC PF coordinate and facilitate capacity building training on gender mainstreaming in each parliament.

Another roundtable focusing on committees responsible for Economic Affairs/Planning considered two key areas, namely election observation/ conflict resolution and engendering Parliament. The Committee endorsed the training activities of the SADC-PF in election observation and conflict resolution tailored for Members of Parliaments and Parliamentary staff.

The Committee also considered the interim election statements on Botswana, Namibia, and Mozambique and commended the missions sent. The Committee emphasised the need to communicate and bring the observations and recommendations of the observer missions to the attention of the relevant authorities. It therefore resolved to undertake a post election mission to accelerate the implementation of recommendations from the observer mission reports.

Other recommendations of this Committee included:

- The review of the SADC PF’s strategy on elections.
- The practical support that the SADC PF may provide to member states, such as the provision of transparent ballot boxes.
- That the focus of election observation should be on confidence building in electoral systems among stakeholders.
- That Parliaments should ensure that different MPs are nominated for different missions to ensure that the knowledge and experience gained from election observation is extended.
- That the terms of reference for observer missions should be drawn from both the Norms and Standards of - Elections in the SADC Region and the SADC Principles and Guidelines Governing Democratic Elections. A review to harmonise the two documents should be undertaken by the forum.

The Committee also considered and adopted the guidelines for monitoring the implementation of the SADC Declaration on Gender and Development. It was, further reported that the mission to begin dialogue with the Members of Parliament from the DRC was postponed.

4.4 Regional Women’s Parliamentary Caucus (RWPC)

The RWPC discussed, with concern, the low representation of women in SADC parliaments in relation to the 30% target for 2005. The RWPC further appealed to political parties to address this issue, given their impact on women’s representation.

The RWPC also received and considered the RWPC advocacy reports to Namibia, Tanzania and Zimbabwe. In assessing whether the 30% threshold will be achieved by 2005, the RWPC focused on the following key areas:

- Awareness of the 1997 SADC Declaration on Gender and Development.
- Awareness of the National Gender Policy.
- Gender provisions in Party Constitutions, Policy Documents or manifestos.
- Women in leadership positions of political parties.
- Party plans or strategies to ensure the 30% representation of women in the subsequent parliament, at local government level and at other positions of power and decision-making.
- Electoral Laws and Systems.
- Voter/ civic education.

Other recommendations of the RWPC included the following:

- Organisation and coordination of ‘Sensitisation campaigns’ by the Ministry of Community Development, Gender and Children, on the importance of a large number of women’s representation in politics and decision-making directed towards the political parties, the media and general public.

- Political parties constitutions should have provisions on achieving the minimum 30% representation of women within their decision-making structures and put in place systems which are supportive to women’s participation.

- Women’s structures/ organs in political parties should develop strategies aimed at mobilising and organising women in the parties to increase women’s representation, this should be done especially through the constituency elections by using use the special seats as a training ground and building block for the increased representation of women.

- It is essential for the SADC Heads of States and Government as signatories to the AU and SADC Declarations on Gender Equality to have a central role in linking and bringing home to their political parties’ constitutions, the commitments made in the said Declarations.

- There is need for women to work together across political party lines in order to advance matters of mutual interest for women.

- That the mission to Mauritius, which was postponed, should be undertaken early next year.

- That the mission to Zambia should be undertaken before the 2006 elections.

The RWPC advocacy was requested to include Angola in its initiative and undertake activities to promote the participation of women in politics and decision-making. The RWPC resolved to undertake an advocacy mission to Angola before May 2005.

4.5 HIV and AIDS
The Committee recalled that during the 16th Plenary Assembly meetings held in Windhoek, it was agreed that there was a need to send a consultant to Angola, as the information contained in the Regional Survey on HIV/AIDS was incorrect. It was reported that the Committee decision in this regard was implemented.

The Committee reported that the SADC PF Secretariat had, in pursuance of the resolution taken in Windhoek, started preliminary contact with the SADC Secretariat’s Health Unit. Although the SADC PF was subsequently invited to a Regional Consultative Meeting of the SADC Secretariat’s Health Unit and National AIDS Councils of the SADC Member States, the Committee urged the SADC PF Secretariat to pursue the establishment of a structured relationship between the SADC PF HIV/AIDS Committee and the SADC Secretariat Health Unit.

The Committee adopted, subject to a proviso that it goes for legal scrutiny, a draft Memorandum of Understanding (MOU) between the SADC PF and the National Democratic Institute for International Affairs (NDI) to kick-start the process of raising funds for HIV/AIDS activities.

The Committee also considered and approved, in principle, a programme intended to support Parliamentary Committees in the region to respond to the AIDS pandemic within the framework of human rights. The programme involves a collaborative partnership between the Centre for the Study of AIDS and the Human Rights Research Centre, at the University of Pretoria and the SADC PF.

The Committee further considered and adopted the proposal for the development of a portal for a regional HIV and AIDS Parliamentary Network for the SADC PF.

Recommendations of the Committee:

- That there was need to launch a region-wide media campaign to combat stigmatisation, misinformation and denial, featuring MPs talking frankly about HIV and AIDS issues using both electronic and print media and billboards, and that the Secretariat should seek for a partner to fund this activity.
- Including "the involvement of political parties in SADC in the fight against HIV and AIDS" and "Migration and its impact on HIV and AIDS" in the next session’s agenda.
- All member Parliaments should submit reports on the Global Fund showing amounts accessed to date; utilisation of such amounts and problems encountered, if any, to the Secretariat.
- All member Parliaments be requested to second staff to the SADC PF Secretariat as a way of alleviating the shortage of professional staff.
- All member Parliaments to address the issue of the looming crisis of orphans within the region as a result of HIV and AIDS.

5. Plenary Sessions – Key Issues

5.1 Thematic Session of the Plenary Assembly

The presentations during the Plenary Session focused on three themes:

- A Comparative Review of the Norms and Standards for Elections in the SADC Region; the SADC Principles and Guidelines Governing Democratic Elections and the AU Guidelines for Democratic Elections: By Dr. Khabele Matlosa- Research Director at EISA.
- The Importance of Constitutional and Electoral Reforms in Strengthening Democratic Elections in the SADC Region: By Dr. Neo Simutanyi- Research Fellow at the Institute of Economic and Social Research, University of Zambia.
- Enhancing Gender Representation Through the Electoral Processes: By Prof. Ruth Meena.

5.1.1 A Comparative Review of the Norms and Standards for Elections in the SADC Region; the SADC Principles and Guidelines Governing Democratic Elections and the AU Guidelines for Democratic Elections

The presentation by Dr. Khabele Matlosa focused on exploring some comparative insights of value of the SADC PF Norms and Standards and the SADC Principles and Guidelines within the context of the AU framework. He opined that a careful reading of the documents reveals that there are no fundamental differences introduced by SADC to what the SADC PF norms and others such as Electoral Institute of Southern Africa have proposed as best election practices. This has led to calls from some observers of the region’s political scene for a merger of the three instruments into one unified regional instrument. He submits that the problem with these calls is that they fail to appreciate that these three instruments come from diverse and also divergent political forces with often-contradictory interests and perspectives in relation to democracy and governance.

He stated that the larger part of the SADC document is devoted to election observation, and thus it is "top-heavy towards election and weak in respect of election management". Ironically, this is an area in which the SADC PF has not only developed a fairly comprehensive set of guidelines on best practices, but an area in which the forum has in fact accumulated an enormous amount of experience since 2001.

Two important highlights were that the SADC PF Norms and Standards, which are more comprehensive and which elaborate on election observation, still remains the most dependable regional guide in this area, and that the SADC principles represent a political commitment by Heads of States and Government to ensure that member states’ elections are credible and legitimate as a matter of course in conformity with the AU’s principles.

5.1.2 The Importance of Constitutional and Electoral Reforms in Strengthening Democratic Elections in the SADC Region

The presentation by Dr. Neo Simutanyi focused on the importance of constitutional and electoral reforms in strengthening democratic elections in the SADC Region. Dr. Simutanyi argued that the problem of poor quality of elections in most countries in the region could be explained by an absence or incomplete constitutional and electoral reforms. Dr. Simutanyi further submits that in Africa there is a general disregard for a rule of law. Constitutional provisions are rarely enforced, while archaic constitutional provisions, such as those on law and order, are retained to bolster the power resources of incumbents. Ironically, even those governments that had campaigned for constitutional reforms while in opposition find it convenient to retain the very provisions they had earlier opposed.

In the past ten years there have been a number of constitutional reform initiatives in the SADC region. Some of these initiatives have proven to provide an enduring framework for democratic development, while others have been heavily contested by citizens and contributed to regression in democratic gains. It would appear that in most SADC countries, it is now recognised that there is a direct relationship between constitutional and electoral reforms.

The SADC region has clearly made tremendous progress towards democratic consolidation. However, one of the multiple challenges remaining is how constitutional and electoral reforms can contribute to democratic elections.

Recommendations included:

- That, in introducing constitutional and electoral reforms, it will be important to have a broad national discussion involving all political parties and civil society to ensure national consensus on what would constitute significant reforms.
- That constitutions and electoral laws on their own will not necessarily create the conditions for free and fair elections, it will be important to address all the restrictive, discriminatory and exclusionary tendencies in those persons charged with enforcement.

5.1.3 Enhancing Gender Representation through the Electoral Processes

The presentation by Prof. Ruth Meena examined the electoral processes and electoral regimes in SADC countries in relation to their impact on women’s participation in electoral processes. She argued that the relationship between the electoral regime and women’s representation is complex and is contextually determined.

Prof. Meena also argued that while electoral processes do largely impact on the level and nature of women participation in formal political processes, there are other factors, which have to be taken into consideration. These include, but are not limited to, political party support, the political will of the state agency, and above all, the strength of women’s social movements and their ability to influence the course of events within their parties, within the government and in the civil society arena. The general disadvantages that women face economically, socially, culturally and politically in society also have a major impact in terms of their participation in their countries’ political processes.

The following recommendations were made:

- Action by political parties in enhancing increased participation of women in parliamentary politics.
- Women’s movements are critical in pressuring the state and political parties to take action to create norms and rules that encourage and promote women’s participation.
- Efforts to increase numerical representation have to go hand in hand with similar efforts that are directed at transforming the representative organs from a gender perspective.
- Peer pressure from the region has to be instituted and some mechanism to sanction poor performers should be in place.
- Establishment of support mechanisms to aid those countries wanting to enhance women’s participation but lack the necessary experience or skill.
- The SADC PF Election Observation mission needs to mainstream gender in a more systematic manner in the observer mission reports, using the gender checklist that is already in place.
- A mandatory quota system should be introduced in all countries in the region until other measures to enhance women’s participation have been put in place and the playing field becomes more even for both sexes.
- Promoting and supporting women’s education as this is a more sustainable strategy of promoting women in politics.

5.2 Policy Session of the Plenary Assembly

SADC Parliament

The Plenary Session agreed with the sentiments expressed in the report of the Executive Committee in relation to the decision of the SADC Heads of States regarding the transformation of the SADC PF into a SADC Parliament. It was resolved that the goal of a regional parliament is still an important one for which the SADC PF will continue to work towards, though within a more realistic timeframe.

5.3 Country Reports

The Plenary Assembly received progress reports from country delegations on the implementation of the following plenary resolutions:

- Implementation of the 1997 SADC Declaration on Gender and Development.
- Ratification of the protocol on the Pan African Parliament.
- Consideration of Norms and Standards for Elections in the SADC Region.
- The establishment of national Parliamentary Committee on HIV and AIDS.

5.4 18th Plenary Assembly Session

The 18th Plenary Assembly Session will be held in Swaziland in May/June 2005.

6. Issues for the South African Parliament to follow up

At the Plenary Assembly the following Issues were identified for the South African Parliament to follow up:

- Submit a report to the Secretariat on South Africa’s position on Genetically Modified Organisms’.
- The Leadership Training Centre’s host and funding proposals require further investigation and clarification and this should be done as soon as possible.
- Consideration and finalisation of the draft Protocol on the establishment of the SADC Parliament.
- Submission of reports on the Global Fund showing amounts accessed to date; utilisation of such amounts and problems encountered, if any, to the Secretariat.
- Scrutiny of the SADC PF’s Norms and Standards of Elections, the SADC Principles on Democratic Elections and South Africa’s electoral laws.
- That national Parliaments and the SADC PF should ensure that the privatisation policies pursued by their executive branches are in line with their economic and social delivery policies and that their citizens benefit from these.
- That member states and the SADC PF should ensure that the Handbook for Members of Parliament (MPs) is translated into their respective languages and distributed to all their MPs.
- That Parliaments should ensure that different MPs are nominated for different missions to ensure that the knowledge and experience gained from election observation is extended.