REPORT OF THE SOUTH AFRICAN DELEGATION TO THE 112TH IPU ASSEMBLY IN MANILA, 3-8 APRIL 2005
1. Introduction
A number of activities and meetings preceded the official start of the Assembly. These included meetings of the Executive Committee of the IPU, the Steering Committee and cultural activities organized by the host country. In communication sent to parliaments the following agenda was submitted to help delegations prepare for the 112th Assembly:
Agenda
The South African delegation was as follows:
Members
Mbete, B (Speaker and Leader of the Delegation)
Bapela, K O
Coetzee, R
De Lille, P
Mgabadeli, H C
Mahlawe, N M
Njikelana, S J (additional, as IPU Committee rapporteur)
Themba, M P
Van der Merwe, J H
Officials
Hahndiek, K
Paulse, C
Barnard, A
Mamabolo, A M
The inaugural ceremony of the 112th IPU Assembly took place on 3 April. The Ceremony was addressed by the President of the Republic of the Philippines, H.E. Mrs Gloria Macapal-Arroyo and Mr Robert Orr, Assistant Secretary-General for policy planning, United Nations.
Address by Mr Robert Orr
Presenting the message from the UN Secretary-General, Mr Orr said that world leaders would meet at a summit in New York to review progress since the Millennium Declaration. Decisions there would set the world on course to halve global poverty in ten years, reduce the threats of war and terrorism and reform the United Nations in an unprecedented way. He asked each developing country to adopt and start to implement comprehensive national strategies and to complete the Doha round of trade negotiations by 2006 in order to reach, by 2015, the agreed target of spending 0.7 per cent of GDP on official development assistance. He invited all states to complete and sign comprehensive conventions on terrorism and nuclear terrorism, and to form a UN Peacebuilding Commission.
Address by the President of the Republic of the Philippines, H.E. Mrs Gloria Macapal-Arroyo
The President said that the Assembly had gathered to celebrate democracy and parliamentarians across the world who had dedicated their lives to building the fabric of democracy. Pressing issues for the Assembly were: the eradication of poverty, strengthening security in the face of terrorism whilst preserving individual liberty, globalisation and equality for all. She welcomed the biggest delegation of women parliamentarians in the twenty-year history of the association. She declared the 112th Assembly open.
3. Africa Group
Six geopolitical groups are active within the IPU. The geopolitical groups exist to facilitate the work of the IPU. The Africa Group, which is one of the geopolitical groups, convenes meetings of all African parliamentary delegations attending IPU Assemblies in order to discuss issues of mutual interest.
Emergency item
The meeting discussed the eight proposals which were submitted for inclusion as emergency items in the agenda of the Assembly.
A decision was taken to support the proposal put forward by Algeria. Other delegations, including South Africa, felt however that the proposal by Algeria was reactive as it dealt only with rebuilding countries devastated by natural disasters and did not address the issue of how countries should plan and prepare themselves to deal with natural disasters, and proposed that there should be built into the proposal an element of proactiveness.
The meeting then agreed that the delegation of Algeria should meet the delegation of Turkey which had submitted a broader proposal on the same topic, with a view to coming up with a new wording taking into consideration the concerns raised in the meeting of the African Group.
Filling of vacancies
The Officers of the three Standing Committees were due for election at the end of the 112th Assembly. The Africa Group agreed that the incumbents in the Bureaux of the Standing Committees who were from the African Group and who were eligible for re-election, be nominated to continue in their posts and complete their four-year terms of office.
Two candidates had presented themselves as candidates for President of the IPU. The two candidates are Mr P F Casini of Italy and Mr G Versnick of Belgium. The election of the President of the IPU will take place during the 113th IPU Conference in October 2005 in Geneva.
The delegations of the Parliaments of Egypt and Morocco expressed their support for Mr Casini and urged the African Group to put its weight behind him. Other delegates felt that they were not against the candidature of Mr Casini in principle but that they would like Mr Casini to address the African Group.
4. Governing Council
The Governing Council met on 4 and 8 April 2005. The Council heard the report of the President of the IPU on his activities since the 175th session of the Governing Council, and the annual report of the Secretary General on the activities of the IPU in 2004. The Council examined the request for reaffiliation to the IPU submitted by the Parliament of Georgia, and decided to readmit the Parliament of Georgia as a member of the Union.
The Council also examined reports on the following issues:
Speakers’ Conference
The Speakers’ Conference is scheduled for 7 to 9 September 2005. All the preparations for the Conference are being made by the Preparatory Committee set up by the Union’s governing bodies. The Committee will hold its final meeting in Libreville, Gabon from 20 to 22 May 2005. On that occasion, the Committee will address four major issues, namely,
Meeting of Women Parliamentarians
The tenth Meeting of Women Parliamentarians took place on 3 April and was attended by 120 women from 79 different countries. Ms Mgabadeli, Ms de Lille and Ms Themba attended the meeting. Men parliamentarians also participated in the meeting. The Meeting of Women Parliamentarians celebrated its twentieth anniversary. The Meeting was briefed on the work of the Gender Partnership Group on the activities relating to monitoring the participation of women at the IPU, examining the budget from a gender perspective and monitoring the situation of parliaments without women members. In this regard, the Group held a dialogue session with the delegation from Kuwait.
Philippine and South Africa were recognized as some of the countries with progressive gender laws.
Gender Partnership Group
The Group studied the composition of delegations attending the 112th IPU Assembly in Manila and previous IPU statutory meetings. As at 7 April 2005, out of the 614 delegates attending the 112th IPU Assembly,
165 were women (26.9%). At the 112th Assembly, the 12 all-male delegations were from the Parliaments of Algeria, Bolivia, the Democratic Republic of Korea, El Salvador, Iceland, Kuwait, Mali, Malta, Papua New Guinea, Samoa, Saudi Arabia and the Syrian Arab Republic. The Group engaged in dialogue with the delegation of Kuwait regarding progress made in the promotion of women’s rights in that country. It took note of recent developments in Kuwait and expressed its support for a bill currently under consideration at the Majles Al Ummah which would grant women the right to vote and to stand for elections at both the local and national levels.
Committee on the Human Rights of Parliamentarians
The Governing Council adopted, on the recommendation of the Committee on the Human Rights of Parliamentarians, a report with resolutions relating to 17 countries on individual human rights cases. Parliaments were urged to follow up in whatever manner they may deem appropriate on one or more of the resolutions on individual human rights cases.
Committee on Middle East Questions
The Committee agreed that prospects for peace in the region had considerably improved in recent months, although it was too early to talk of significant steps forward. The Committee also discussed the possibility of an IPU mission being sent to the region at the time of the Palestinian legislative elections on 17 July 2005 and expressed the hope that discussions on the subject under way in the Executive Committee of the IPU would lead to the establishment of an IPU presence on that occasion.
Committee to promote respect for international humanitarian law
The Committee discussed the results of the regional parliamentary conference on Refugees in Africa: The challenges of protection and solutions held in Cotonou (Benin) in June 2004. The African Parliamentary Union (APU) will be discussing follow-up to the Conference at the meeting of its Executive Committee in May 2005. It was agreed that contacts with national parliaments should be enhanced within the framework of the APU’s follow-up mechanism. Furthermore, emphasis was also laid on the importance of engaging sub-regional parliamentary assemblies in Africa to ensure efficient implementation of the Cotonou results. A practical booklet on the Conference was produced by United Nations High Commissioner for Refugees (UNHCR), and the APU will be distributing it to its members.
Consultants’ report on communications strategy
The IPU took the first step to develop a corporate branding and communications strategy. Saatchi & Saatchi Geneva was chosen to prepare a strategic analysis with specific proposals, inter alia, on how to make the IPU better known and its mission and work better understood.
The consultants identified charter and structure, leadership, attitude and resources as issues to be addressed.
They also observed that the level of investment in communications must be increased in order to raise the profile of the organization. Leadership of the organization must be visible, and the President, Executive and senior members of the Secretariat must be directly involved in brand-building and communications and be willing to commit the necessary time.
Future Inter-Parliamentary Union meetings
The Governing Council approved the following meetings:
14 – 19 October 2005 113th Assembly and Related Meetings
Geneva
7 – 12 May 2006 114th Assembly and Related Meetings
Nairobi (Kenya)
Amendments to the Statutes
The Executive Committee proposed to the Governing Council that when considering requests from potential members for cancellation of former debts owing to the Union, particular consideration should be given to the following: whether the parliament in question has relinquished a single-party system in favour of a multi-party one, the amount of time that has elapsed since previous membership of the Union, the severity of the economic circumstances prompting the request, and the external factors causing those circumstances, such as recent civil strife. The Governing Council approved in principle a new rule in that regard.
5. The 112th Assembly of the Inter-Parliamentary Union
The Assembly met on 4, 5, 7 and 8 April. At the first sitting of the Assembly on 4 April, Mr Franklin M Drilon, President of the Senate (Philippines) was elected President by acclamation and took the chair.
The Assembly held a general debate on the political, economic and social situation in the world with the overall theme of "The impact of domestic and international policies on the situation of women". During the general debate, a number of speakers from different parliaments took the floor. The Speaker and Mr Coetzee participated in the general debate on behalf of the South African delegation. The Speaker also chaired part of the morning session of the Assembly on Monday, 4 April.
In her speech, the Speaker said that African leaders needed to be commended for adopting positions which favoured women especially in the African Union (AU). 50 per cent of AU’s commissioners were women. In the South African Government, 41.2 per cent of Ministers were women. Resources were needed to turn policies into better lives for women. International and national policies were good and effective only if those committed to them allocated resources for their implementation. They would be effective when parliamentarians played the necessary oversight role to ensure that the executive complied with the international conventions ratified by individual countries.
In his speech, Mr Coetzee said that the situation of women was best in those countries which had a culture of protecting the individual rights of every person. One underlying factor in the pandemic of HIV/AIDS in Sub-Sahara was the fact that many women did not have the power, either physical or social, to control what happened to their bodies. The empowerment of women in the fight against HIV was two parts of the same struggle.
The Assembly was also addressed by Ms Carol Bellamy, Executive Director of UNICEF.
Ms Bellamy said that there had been an 18 per cent decline in child mortality since 1990, but the marginalisation and exploitation of children continued. She appealed to delegates to use their power to create real and lasting improvements for children. Beyond charity, there was a need for acts of law and leadership by legislators. Powerful interests wished to spend money on the military and bureaucracy. However, there were even stronger reasons to fight for women and children, to enable them to realize their full potential and protect them from abuse. A UNICEF report in 2005 had identified conflict, poverty and HIV/AIDS as the key challenges facing children and women. It had found that more than one billion children were being robbed of their childhood by these three forces.
Half a million women died in childbirth every year. HIV/AIDS spread ever more rapidly amongst women, whilst the use of systematic rape as a weapon of war was increasing. One of UNICEF’s Millennium Development Goals was the empowerment of children and women.
6. Consideration of possible requests for the inclusion of an mergency item in the Assembly agenda
Eight items, all on natural disasters, were submitted by Sri Lanka, Algeria, Japan, Chile, Hungary, Turkey, Indonesia, and the Islamic Republic of Iran. After discussion, the nine sponsors finally agreed to submit the following item to the Assembly:
Natural disaster: The role of parliaments in prevention, rehabilitation, reconstruction and the protection of vulnerable groups.
The item was unanimously agreed to and referred to a Drafting Committee. Mr Bapela represented the South African delegation on the Drafting Committee. The Drafting Committee examined various proposals and prepared a draft resolution which was subsequently adopted by the Assembly. The resolution is attached as annexure "A".
7. First Standing Committee on Peace and Security
The Committee considered the following agenda item:
The role of parliaments in the establishment and functioning of mechanisms to provide for the judgement and sentencing of war crimes, crimes against humanity, genocide and terrorism, with a view
to avoid impunity.
The Committee had before it a report and a draft resolution prepared by the co-rapporteurs, as well as amendments and sub-amendments to the draft resolution that had been submitted within the statutory deadline.
Mr Van der Merwe and Ms Mahlawe represented the South African delegation on the Committee.
Following the debate, the Committee appointed a Drafting Committee. The Drafting Committee examined the draft resolution submitted by the rapporteurs and proposed amendments, as well as sub-amendments and amended the draft resolution accordingly. The drafting committee then prepared a draft resolution which was considered by the Standing Committee and adopted by consensus.
The plenary sitting of the Assembly adopted the draft resolution (attached as annexure "B") unanimously.
The Committee proposed to the Assembly the inclusion on the agenda of the 114th Assembly a subject item entitled "The role of Parliaments in strengthening the control of trafficking in small arms and light weapons and their ammunition", and the appointment of the following persons as co-Rapporteurs: Mr Francois-Xavier de Donnea (Belgium) and Mrs Ruth Oniango (Kenya). The proposals were subsequently approved by the Assembly.
8. Second Standing Committee on Sustainable Development, Finance and Trade
The Committee considered the following agenda item:
The role of parliaments in establishing innovative international financing and trading mechanisms to address the problem of debt and achieve the Millennium Development Goals.
The Committee considered a report and draft resolution prepared by the co-rapporteurs, as well as amendments and sub-amendments.
Ms De Lille and Ms Mgabadeli represented the South African delegation on the Committee.
Following the debate, the Committee appointed a Drafting Committee. The Drafting Committee examined the draft resolution submitted by the rapporteurs and proposed amendments. The drafting committee then prepared a draft resolution which was considered by the Standing Committee and adopted by consensus.
The draft resolution (attached as annexure "C") was subsequently submitted to the plenary sitting of the Assembly and unanimously adopted.
The Committee proposed to the Assembly the inclusion on the agenda of the 114th Assembly a subject item entitled "The role of Parliaments in environmental management and in combating global degradation of the environment", and the appointment of the following persons as co-Rapporteurs: Mr Shuichi Katoh (Japan) and Mr Jose Thomaz Nono (Brazil). The proposals were subsequently approved by the Assembly.
9. Third Standing Committee on Democracy and Human Rights
The Committee considered the following agenda item:
The role of parliaments in advocating and enforcing observance of human rights in the strategies for the prevention, management and treatment of the HIV/AIDS pandemic.
The Committee had before it a report and a draft resolution prepared by the co-rapporteurs, as well as amendments to the draft resolution.
Ms Themba and Mr Coetzee represented the South African delegation on the Committee. Mr Coetzee participated in the debate.
Following the debate, the Committee appointed a drafting Committee. The drafting Committee examined the draft resolution submitted by the rapporteurs and enhanced it with some of the proposed amendments. The drafting committee then prepared a draft resolution which was considered by the Standing Committee and adopted by consensus.
The draft resolution (attached as Annexure "D") was subsequently adopted by consensus by the plenary sitting of the Assembly.
The Committee proposed to the Assembly the inclusion on the agenda of the 114th Assembly a subject item entitled "How parliaments can and must promote effective ways of combating violence against women in all fields", and the appointment of the following persons as co-Rapporteurs: Mrs Maria Antonia Martinez Garcia (Spain) and Mrs Hyehoon Lee (Republic of Korea). The proposals were subsequently approved by the Assembly.
10. Committee on the Human Rights of Parliamentarians
The South African delegation requested an opportunity to be heard by the Committee on the Human Rights of Parliamentarians, which is investigating a complaint about the manner in which a former member of the National Council of Provinces (NCOP), was removed as a permanent member after the Provincial Legislature of the Western Cape had passed a motion of no confidence in her, as a result of which the party that nominated her recalled her as a permanent delegate.
Mr Van der Merwe had prepared and forwarded to the Secretary of the IPU Parliament’s written reply to the complaints. Mr Van der Merwe, Ms Mahlawe, and Mr Hahndiek appeared before the Committee in person. Mr Van der Merwe stated Parliament’s case and reacted to various questions by Committee members. The Committee has not yet, however, made known their verdict to the Governing Council."
11. Bilateral meetings
The following bilateral meetings took place:
12. Observations and conclusions
The general organisation and security of the Assembly was commendable. The delegation wishes to express gratitude for the hospitality accorded by the South African Embassy staff in the Philippines, the Philippine Ambassador to South Africa, and the people of Philippine.
The quality of inputs and participation of all speakers at the Assembly and the South African delegation in particular is laudable.
During the debates, the ever-growing potential and visible momentum of parliaments to contribute to world peace, stability and a better life for all and the need to enhance cooperation between the IPU and the UN were highlighted.
13. Challenges
14. Recommendations
The National Assembly should:
ANNEXURE "A"
NATURAL DISASTERS:
THE ROLE OF PARLIAMENTS IN PREVENTION, REHABILITATION, RECONSTRUCTION AND THE PROTECTION OF VULNERABLE GROUPS
Resolution adopted unanimously by the 112th Assembly
(Manila, 8 April 2005)
The 112th Assembly of the Inter-Parliamentary Union,
Concerned that earthquakes, tsunamis, torrential rains, heavy snows, high winds (including typhoons and tornados), floods, landslides, volcanic eruptions, forest fires, droughts, locust infestations and other serious natural disasters are a great transnational threat to all people, that socially vulnerable poor people in developing nations particularly vulnerable to disasters are frequently the ones who suffer great damage and become internally displaced persons or refugees after a natural disaster strikes, and that the secondary effects of natural disasters, such as food shortages and the deterioration of sanitary conditions, become enduring and serious problems,
Aware that all disasters, including man-made disasters, are a direct threat to human beings; and that from the viewpoint of guaranteeing human security, it is essential when they strike to ensure that aid truly addresses the suffering of those affected by the disaster, and to increase the capacity of individuals and local communities to take the initiative,
Taking note that over 270,000 innocent citizens of Indonesia, Sri Lanka, India, Thailand, Malaysia, Myanmar, the Maldives, Bangladesh, Somalia, Kenya, Tanzania and other countries were killed on 26 December 2004 as a result of the major earthquake off the coast of Sumatra and the tsunami in the Indian Ocean, that tens of thousands of people are still missing, and that many hundreds of others lost their lives as a result of the aftershocks in Indonesia three months later,
Expressing its sincere condolences to those who lost loved ones in the tsunami disaster and the aftershocks, as well as to the people, parliaments and governments of the nations affected by the disaster,
Praising the leadership role played by the affected nations in responding to the disaster and holding in high regard the speedy cooperation demonstrated by the international community in carrying out relief activities in response to the United Nations appeal for emergency support,
Appreciating the fact that the United Nations and its specialised agencies, such as the Office of the United Nations High Commissioner for Refugees (UNHCR), the United Nations Children's Fund (UNICEF), the World Health Organization (WHO), the World Food Programme (WFP), and the World Bank, the International Monetary Fund (IMF) and other institutions such as the International Red Cross and Red Crescent Movement and the Asian Development Bank (ADB), as well as governments and so many international humanitarian organisations, have come forward immediately to provide urgent humanitarian assistance to meet the needs of the victims of the tsunami disaster and to provide emergency health care, shelter and food to the people of the affected countries, and expressing respect and thanks to the United Nations Secretary-General for his prompt action to visit the affected countries in order to carry out an on-the-spot investigation into the devastation and havoc caused by the tsunami,
Recalling the Declaration on Action to Strengthen Emergency Relief, Rehabilitation, Reconstruction and Prevention in the Aftermath of the Earthquake and Tsunami Disaster of 26 December 2004, adopted at the special meeting held in Jakarta on 6 January 2005 of the leaders of the member States of the Association of Southeast Asian Nations (ASEAN) in the aftermath of the earthquake and tsunami, and the numerous other discussions that have taken place on this subject at the international level,
Recalling the resolution adopted by the 108th IPU Conference, held in Santiago in 2003, on international cooperation for the prevention and management of transborder natural disasters and their impact on the regions concerned,
Aware that the damage from the recent earthquake and tsunami was worsened due to the lack of a tsunami early warning system in the Indian Ocean rim area and the lack in the affected area of disaster prevention awareness regarding the cause-and-effect relationship between major earthquakes and tsunamis,
Noting that the Special Session on the Indian Ocean Disaster held at the World Conference on Disaster Reduction (Kobe, Japan, 18–22 January 2005) emphasised the importance of comprehensively evaluating all the lessons learned from the tsunami disaster and continuing international and regional dialogues and discussions to build an early warning system,
Noting that a report of UNICEF estimated that over one third of those who died in the recent earthquake and tsunami were children, and deeply concerned that the surviving children who have suffered from the disaster are now being exposed to such threats as human trafficking and infectious diseases,
Emphasising the importance of emergency humanitarian relief activities promoted in response to this tragedy by UNICEF, the International Organization for Migration (IOM), WHO and others, for both the survival and the protection of children,
Reconfirming the importance of a multifaceted contribution by parliaments and parliamentarians to emergency humanitarian relief for women and children who are vulnerable in post-disaster situations,
Recognising the need for psychological assistance and counselling to eliminate the mental trauma for millions of innocent victims of major human disasters, and acknowledging the effectiveness of the various kinds of support provided by non governmental organisations,
Considering the importance of international cooperation, solidarity and partnership, as well as good governance at all levels, in strengthening global disaster reduction activities,
(a) Capacity-building through the establishment of early warning systems and hazard mapping, and by determining escape routes, setting up evacuation centres and preparing disaster prevention measures;
(b) The establishment of quick and efficient disaster reporting mechanisms, providing information on inter alia the extent of the damage, the number of affected families, and the number of dead, missing and injured people, prioritising the needs to be met, coping with and minimising the damage, and distributing relief supplies such as food, non-food items, emergency shelter materials and provisions for rehabilitation, including financial aid, housing and loans;
(c) Creating emergency medium- and long-term rehabilitation plans, giving particular consideration to women, children, the elderly and other members of society who are most vulnerable in every aspect of a disaster;
ANNEXURE "B"
THE ROLE OF PARLIAMENTS IN THE ESTABLISHMENT AND FUNCTIONING OF MECHANISMS TO PROVIDE FOR THE JUDGEMENT AND SENTENCING OF WAR CRIMES, CRIMES AGAINST HUMANITY, GENOCIDE AND TERRORISM, WITH A VIEW TO AVOIDING IMPUNITY
Resolution adopted unanimously by the 112th Assembly
(Manila, 8 April 2005)
The 112th Assembly of the Inter-Parliamentary Union,
Deeply concerned by the fact that in today’s world, many regions and whole societies are brutally affected by the persistence of war crimes, crimes against humanity, genocide and/or terrorism, all of which are serious crimes of concern to the international community as a whole,
Convinced that there is no justifiable cause for those abhorrent crimes,
Considering that, in keeping with the principles enshrined in the United Nations Charter, international human rights law, international humanitarian law and international criminal law, appropriate instruments have been developed, and that it is of paramount importance to ensure that their provisions be enforced, in conformity with the international obligations assumed by States,
Recalling in this respect the particular importance of ensuring respect for the rights and fundamental freedoms enshrined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Geneva Conventions for the protection of victims of war of 12 August 1949 and their Additional Protocols, the Convention on the Prevention and Punishment of the Crime of Genocide and other instruments, treaties and agreements ensuring respect for human dignity, as well as the human rights norms of customary international law as reflected by state practice,
Considering that under international law, no statutory limitation applies to war crimes, crimes against humanity, genocide and terrorism, and such crimes are not subject to amnesty, clemency or pardon, and that this has been confirmed by the judgements of national and international courts,
Recalling the resolutions on peace, security and disarmament adopted by the IPU since 1990,
Stressing the importance of the International Criminal Court (ICC) in preventing and punishing war crimes, genocide and crimes against humanity, and recalling in this respect that States party to the Rome Statute of the ICC have a duty to prosecute such crimes themselves or to refer persons suspected of such crimes to the jurisdiction of the ICC, and also that international humanitarian law, as enshrined in the Geneva Conventions for the protection of victims of war of 12 August 1949 and their Additional Protocols, places the obligation on States to search for and try persons alleged to have committed, or have ordered to be committed, grave breaches, regardless of the persons' nationality or where the violations take place,
Recognising that the jurisdiction of the ICC is limited to crimes committed on or after 1 July 2002 and that there is a need for mechanisms to address war crimes, crimes against humanity and genocide committed before that date,
Considering the Rome Statute, which requires States Parties to cooperate with the ICC in order to combat war crimes, crimes against humanity and genocide, and considering the 12 international conventions and protocols relating to terrorism,
Concerned at the lack of progress made, on the one hand by the States Parties to the Rome Statute of the ICC and on the other hand by all States, in implementing the necessary mechanisms to support, respectively, the Statute, and the provisions adopted by the United Nations and other bodies to combat these crimes,
Recognising that political will to speak out against racism, xenophobia and intolerance is an essential element in ending impunity,
Concerned at the fact that the implementation of agreements on the prosecution of war crimes, crimes against humanity, genocide and terrorism has been delayed, set aside, or omitted by some States, thus subjecting these agreements to different interpretations and reducing their effectiveness, alarmed at the possibility that this may signal a permissive attitude towards impunity, and concerned at the fact that many States have not yet ratified or acceded to the Rome Statute,
Convinced that parliaments have a primary responsibility, and must, by enacting necessary legislation, play a central role in the prevention, punishment and avoidance of impunity for war crimes, crimes against humanity, genocide and terrorism, and that a multilateral approach among parliaments is an appropriate way to facilitate the implementation of mechanisms required for the enforcement of judgements and penalties for these abhorrent crimes,
Recalling that each State has the obligation and the duty to prosecute or extradite the perpetrators of war crimes, crimes against humanity, crimes of genocide and terrorist crimes, irrespective of the location of the crime or the nationality of the perpetrator or the victim,
Recalling that victims of war crimes, crimes against humanity, genocide and terrorism have the right to truth, justice and reparation,
ANNEXURE "C"
THE ROLE OF PARLIAMENTS IN ESTABLISHING INNOVATIVE INTERNATIONAL FINANCING AND TRADING MECHANISMS TO ADDRESS THE PROBLEM OF DEBT AND ACHIEVE THE MILLENNIUM DEVELOPMENT GOALS
Resolution adopted unanimously by the 112th Assembly
(Manila, 8 April 2005)
The 112th Assembly of the Inter-Parliamentary Union,
Recalling the Declaration adopted on 1 September 2000 by the Presiding Officers of National Parliaments entitled The Parliamentary Vision of International Cooperation on the Eve of the Third Millennium,
Recalling also the Millennium Declaration of 8 September 2000, which sets out eight time-bound and measurable goals collectively known as the Millennium Development Goals, as criteria established jointly by the international community for the elimination of poverty, and also the Human Development Reports drawn up by the United Nations Development Programme (UNDP),
Recalling the final declarations of specialised United Nations conferences, in particular the International Conference on Financing for Development, held in Monterrey, Mexico in 2002, the World Summit on Sustainable Development, held in Johannesburg, South Africa in 2002, and the Third United Nations Conference on the Least Developed Countries, held in Brussels, Belgium in 2001,
Recalling the Declaration adopted in New York on 20 September 2004 by 120 countries at the end of the Summit for Action against Hunger and Poverty, the September 2004 report by the Technical Group on Innovative Financing Mechanisms and the final reports of the UN Millennium Project, delivered on 17 January 2005,
Recalling the resolutions of the Inter-Parliamentary Union, particularly those adopted by the 73rd Inter-Parliamentary Conference (Lomé, 1985) on the role of parliaments and their contribution towards the elimination of poverty by eliminating the burden of international debt; the 74th Inter-Parliamentary Conference (Ottawa, 1985) on the contribution of parliaments to the search for measures and actions aimed at removing the burden of foreign debt that weighs on the developing countries; the 88th Inter-Parliamentary Conference (Stockholm, 1992) on the need for a radical solution to the problem of debt in the developing world; and the 102nd Inter-Parliamentary Conference (Berlin, 1999) on the need to revise the current global financial and economic model, as well as the Final Document of the Inter-Parliamentary Conference "North-South Dialogue for Global Prosperity" organised by the IPU in Ottawa in 1993, and the resolutions adopted by the 107th Conference (Marrakech, 2002) on the role of parliaments in developing public policy in an era of globalisation, multilateral institutions and international trade agreements, and also by the Parliamentary Meeting on the occasion of the World Summit on Sustainable Development (Johannesburg, 2002), by the 108th Inter-Parliamentary Conference (Santiago, 2003) on parliament's role in strengthening democratic institutions and human development in a fragmented world, and by the 109th Inter-Parliamentary Assembly (Geneva, 2003) on global public goods: a new challenge for parliaments,
Greatly concerned by the fact that 1.2 billion people – or one in five persons in the world – survive on less than a US dollar a day in purchasing power parity per capita, below the international poverty rate set at a dollar a day, and that in the 1990s, poverty worsened in 54 countries, including 35 African countries, leaving them poorer at the end of the decade than in 1990,
Concerned by the fact that even if the proportion of people in extreme poverty were to be halved by 2015 in comparison with 1990, it is clear that hundreds of millions of people in the developing world would continue to live in complete destitution,
Recognising that the role of parliaments in championing the eight Millennium Development Goals (MDGs) is crucial, and that the adoption of the corresponding legislation and appropriate budgetary allocations is indispensable,
Stressing the need for assistance and support to improve the institutional capacity of parliaments in developing countries, with a view to enabling them to exercise effectively the legislative, oversight and budgetary functions related to the MDGs,
Recognising the importance of ensuring environmental sustainability in achieving the MDGs, stressing the role of the United Nations Decade of Education for Sustainable Development and the International Decade for Action: Water for Life, starting in 2005, and welcoming the entry into force of the Kyoto Protocol on 16 February 2005 as a significant step forward,
Deeply concerned that in the current state of affairs, the financing of efforts to achieve the MDGs, and thus their implementation, is not ensured,
Noting that economic growth, debt relief and public development assistance - the three main sources of funding for development - are in the current circumstances unable to generate the extra 50 to 100 billion dollars required annually to achieve the MDGs,
Noting that the official development assistance (ODA) commitment (provision of 0.7 per cent of gross domestic product (GDP)) is still not being met by most countries, but noting with satisfaction the undertakings by several countries to meet these commitments within the next decade,
Noting that despite the progress made on debt cancellation, relief and rescheduling both bilaterally, and multilaterally in the framework of the Bretton Woods institutions, the burden of the debt remains a major constraint and an obstacle to economic growth and human development,
Convinced that increased development assistance funding can only be beneficial if the receiving countries promote democracy and good governance,
Convinced that globalisation is at the same time a source of opportunities and challenges for all countries, and that it has an impact on people's everyday lives,
Noting that many developing countries are increasingly excluded from international trade and capital flows, which results in poverty,
Noting the growing importance of international trade and investment and their direct influence on the development and well-being of the nations of the entire world, and concerned at the fact that the current international trade and investment system is distorted in many sectors in favour of the developed countries, and poses problems for many developing countries,
Noting that awareness of the importance of trade and investment to furthering countries' development has grown since the Fourth Ministerial Meeting of the World Trade Organization (WTO), held in Doha, which sought to place the needs and interests of the developing countries at the centre of international trade negotiations and drew up the Doha Development Agenda,
Welcoming the Geneva framework agreement of July 2004, a breakthrough in the negotiations conducted by the WTO, following the failure of the Cancún meeting,
Nonetheless concerned about the many uncertainties that remain in those negotiations, in particular with regard to issues of great importance to developing countries,
Noting the striking lack of resources currently available to achieve most MDGs by 2015, and underscoring the responsibility of governments and the parliaments which provide them with oversight to respect the commitments made at the Millennium Summit in 2000,
Strongly believing that 2005 will be the key year for governments to act to achieve the MDGs, at such high-level meetings as the G8 summit, to be held in July, the high-level plenary meeting to review the implementation of the United Nations Millennium Declaration of the sixtieth session of the United Nations General Assembly, to be held in September, and the Sixth WTO Ministerial Conference, to be held in December,
Looking forward to the forthcoming Millennium+5 Summit, to be held in New York from 14 to 16 September 2005, and strongly wishing that the event will re-energise global partnerships for the achievement of the MDGs;
ANNEXURE "D"
THE ROLE OF PARLIAMENTS IN ADVOCATING AND ENFORCING OBSERVANCE OF HUMAN RIGHTS IN THE STRATEGIES FOR THE PREVENTION, MANAGEMENT AND TREATMENT OF THE HIV/AIDS PANDEMIC
Resolution adopted unanimously by the 112th Assembly
(Manila, 8 April 2005)
The 112th Assembly of the Inter-Parliamentary Union,
Recalling the relevant resolutions of the IPU, especially the resolution entitled Action to combat HIV/AIDS in view of its devastating human, economic and social impact, adopted in Windhoek in 1998, and convinced that HIV/AIDS is an all-embracing threat against development, rather than an isolated health problem,
Further recalling the International Guidelines on HIV/AIDS and Human Rights, issued by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) in 1998, and the Declaration of Commitment on HIV/AIDS "Global Crisis - Global Action" adopted by the United Nations General Assembly Special Session on HIV/AIDS in 2001,
Taking note of the UNAIDS 2004 Report on the global AIDS epidemic,
Affirming the recommendations contained in the document Guidance on ethics and equitable access to HIV treatment and care, issued by UNAIDS and the World Health Organization (WHO),
Referring to the Handbook for Legislators on HIV/AIDS, Law and Human Rights, published jointly by the IPU and UNAIDS in 1999,
Reaffirming the Millennium Development Goal (MDG) contained in the United Nations Millennium Declaration, which aims to halt and begin to reverse, by 2015, the spread of HIV/AIDS,
Aware that the achievement of all MDGs, including those concerning education and food security, will not be feasible unless progress is made in addressing the challenge of HIV/AIDS and other communicable diseases,
Deeply concerned that each year the number of people infected with HIV continues to grow, and also deeply concerned by the exponential growth in the number of women, young people and children affected by HIV/AIDS,
Recognising that discrimination against women, both de jure and de facto, renders them particularly vulnerable to HIV/AIDS,
Alarmed by the unprecedented number of children around the world who are being orphaned by HIV/AIDS, who are thus rendered far more vulnerable and face a much greater risk of hunger, of having limited access to education, health and social services, and of violence, abuse, exploitation and recruitment as child soldiers, and aware that these factors increase their likelihood of becoming infected with HIV themselves,
Further concerned that the reluctance of some governments to acknowledge the existence and gravity of the HIV/AIDS pandemic, and to recognise the stigma and discrimination faced by people living with HIV/AIDS, particularly women, hampers the effectiveness of responses to this pandemic,
Aware that stigma and discrimination continue to prevent people from having access to HIV testing and counselling services, which are of paramount importance in the prevention and treatment of the pandemic,
Recognising that the global HIV/AIDS pandemic constitutes a formidable challenge to human life and dignity and to the full enjoyment of human rights, and that the full realisation of human rights and fundamental freedoms for the people affected is an essential element in the global response to the pandemic,
Affirming that respect for, and the protection and fulfilment of, the human rights of women and girls are necessary and fundamental components of the approach to addressing HIV/AIDS,
Concerned about the negative economic and social impact of the denial of the human rights of people living with HIV/AIDS to work, education and other social services, and further concerned that women and children often suffer the greatest economic and social impact as a result of the pandemic,
Underscoring that the struggle against HIV/AIDS cannot be separated from the struggle against poverty, which affects primarily women and children, thus undermining the workforce and hindering economic and social development,
Concerned that ignorance and intolerance are still a reason for the marginalisation of persons affected or presumed to be affected by HIV/AIDS, which causes discriminatory acts in the fields of medical assistance, job opportunities, education, housing and, in general, in every aspect related to their social well-being,
Considering that although the use of antiretroviral medications combined with proper therapies can delay the advance of HIV/AIDS, millions of infected people in developing nations, particularly in Africa, cannot afford these treatments,
Considering that under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO), WTO members may allow the production of patented medicines in the event of health emergencies, and realising that the World Health Assembly passed a resolution encouraging WHO member States to utilise fully the flexibilities in the TRIPS Agreement to promote access to antiretrovirals and other essential pharmaceutical products,
Aware that the realisation of the rights of people living with HIV/AIDS requires non-discriminatory access for them to services, including health care, treatment and social and legal services, within a supportive social environment,
Convinced that recognising the degree of the infection levels of the HIV/AIDS pandemic within each country will help the respective governments tailor their prevention and treatment programmes to meet their particular needs,
Further convinced that capacity-building in the field of public health is critical to the effective prevention and treatment of HIV/AIDS,
Also convinced that countries particularly affected by the HIV/AIDS pandemic should receive special support from the international community for their efforts to comply with their commitments,
Considering that ensuring access to affordable medication, including access to antiretroviral therapy for those suffering from HIV/AIDS, is fundamental to achieving progressively the full realisation of the universal right to the enjoyment of the highest attainable standard of health,
Considering that conflict situations, particularly in Africa, have led to an increased incidence of HIV/AIDS, and recalling United Nations Security Council resolution 1308 (2000), which states that the HIV/AIDS pandemic, if unchecked, may pose a risk to stability and security, and the report of the United Nations High-Level Panel on Threats, Challenges and Change, which places infectious diseases among the economic and social threats to international security,
Aware of the fact that any response to the epidemic will be effective only if it addresses the causes of its spread, including human trafficking, in particular trafficking in women and girls, drug abuse and illicit drug trafficking and gender-based violence, and considering in this context that the pivotal roles of the family, religion and long-established fundamental ethical principles and values need to be underlined,
Emphasising that the HIV/AIDS pandemic is at the same time a medical, social and economic emergency,
(a) to draw up laws or amend existing legislation to define national standards of protection for those suffering from HIV/AIDS, and especially for people in vulnerable groups, such as women and children, with particular attention paid to the situation of anyone suffering from the loss of close family members as a result of HIV/AIDS;
(b) to review and adjust legislation to ensure that it conforms to the International Guidelines on HIV/AIDS and Human Rights;
(c) to enact legislation to punish those who knowingly take the risk of transmitting HIV/AIDS, or who wilfully do so;
Emphasises that countries should integrate the development of public health undertakings into their national economic and social development strategies, which should include the establishment and improvement of effective public health mechanisms, in particular a network for the supervision, prevention, and treatment of the HIV/AIDS epidemic, and for the exchange of information.