Report of the Select Committee on Public Services on the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms on the Continental Shelf, dated 22 June 2005:

The Select Committee on Public Services (National Council of Provinces), having considered the request for ratification and/or approval by Parliament of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms on the Continental Shelf, referred to it, reports as follows:
A: Introduction

On 6 October 2004 Cabinet approved that South Africa should accede to the Convention for the Suppression of Unlawful Acts against the Safety of maritime Navigation and to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (SUA).

Accordingly, the two multilateral treaties were tabled in both the National Assembly (NA) and the National Council of Provinces (NCOP) simultaneously on Wednesday, 25 May 2005, in terms of Section 231 (2) of the Constitution, which reads as follows –

" An international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces, …"

On Tuesday, 31 May 2005, the treaties were subsequently referred to the Portfolio Committee on Transport (NA) and Select Committee on Public Services (NCOP) for consideration and reporting to the respective Houses.
B: Background

In November 1986 the Governments of Australia, Egypt and Italy proposed that the International Maritime Organisation (IMO) prepare a convention on the subject of unlawful acts against the safety of maritime navigation to provide for a comprehensive suppression of unlawful acts committed against the safety of maritime navigation which endanger innocent human lives, jeopardize the safety of persons and property, seriously affect the operation of maritime services and thus are of grave concern to the international community as a whole; and

The subsequent adoption of the SUA Convention and its Protocol at the last day of the Diplomatic Conference held in Rome from March 1 to 10 1988 as well as the eventual entering into force of both instruments on March 01 1992.

C: Objectives

The objectives of the SUA Convention and its Protocol are –

To ensure that appropriate action is taken against persons committing unlawful acts against ships including seizure by force, acts of violence against persons on board ships, and the placing of devices on board a ship which are likely to destroy or cause damage;

To oblige Contracting Governments either to extradite or prosecute alleged offenders; and

To enable Member States including South Africa to address issues related to unlawful acts that threaten the safety of ships and the security of their passengers and crews.

D: Political Implications

The Political implications are as follows –

In terms of the 2001 UN Security Council Resolution 1373 adopted under Chapter VII of the UN Charter ("legally binding"), all Member States are obliged to ratify and/or accede to twelve (12) identified compendium of anti- or counter-terrorism Conventions;

South Africa has so far ratified and/or acceded to nine (9) of the twelve (12) such identified Conventions – with the SUA Convention and its Protocol as well as the Department of Minerals and Energy aligned Convention for the Physical Protection of Nuclear Material outstanding;

The Protection of Constitutional Democracy against Terrorism and Related Activities Act of 2004 makes reference to the twelve (12) Conventions and also creates "convention offences" which amongst others include offences under the SUA Convention and its Protocol;

South Africa is tasked to report to the UN Security Council on a regular basis and, apart being almost fully compliant with Resolution 1373, has been taken to task by the UN Security Council Counter Terrorism Committee for the delay in acceding to these remaining three (3) multilateral treaties;

A review process is currently underway in the International Maritime Organisation (IMO) to amend the SUA Convention and its Protocol by/in October 2005 and, as the current proposed amendments conflict with South Africa’s existing legislation, it is important that South Africa should be able to fully participate (as a Member State) in the ensuing negotiations by being a Party to the Convention and its Protocol; and

Hence it is imperative that Parliament approves (ratifies) the Convention and its Protocol before or on the end of June 2005 – the latest – to allow South Africa enough time to accede to and deposits its instruments of accession with the Secretary-General of the International Maritime Organisation (IMO) by no later than the first week of July 2005 – within a period of ninety (90) days after ratification by and/or accession to

E: Benefits for the Country

The benefits for the country are as follows –

Accession to the Convention and its Protocol will amongst others enable South Africa to develop or amend the relevant legislation which will serve as a tool to eliminate terrorism in sea transport; and

In so doing, boosting the confidence of other countries to trade with South Africa thereby boosting the economy and social development of the country.

F: Financial Implications

There are no additional financial implications that will arise out of the implementation of these two treaty instruments since most functions that are contained therein are already performed by different government organs and are budgeted for in terms of government budgetary prescriptions.

G: Recommendation(s)

The Committee recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Convention and Protocol.

Report to be considered.