TUESDAY, 21 JUNE 2005 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
                                ____

The Council met at 14:04.

The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

       ELECTION OF THE ROTATING DEPUTY CHAIRPERSON OF THE NCOP

The CHAIRPERSON OF THE NCOP: I have been informed that we won’t have motions. We shall now proceed to the election of the second Deputy Chairperson of the NCOP, to fill the post vacated by the Premier of Free State, the hon Ms B Marshoff.

There will now be an opportunity for nominations for the second Deputy Chairperson of the NCOP, in terms of section 64(3) of the Constitution.

I now call for nominations.

Mr T S P MAKWETLA (Mpumalanga): Hon Chairperson, thank you for the opportunity. I rise to nominate hon Mbhazima Samuel Shilowa, the Premier of Gauteng, to the position of the Rotating Deputy Chairperson of the NCOP. I thank you.

Mrs F B MARSHOFF (Free State): Chairperson, I rise to second the name of the Premier of Gauteng, Mbhazima Samuel Shilowa, as the Rotating Chairperson of the NCOP.

The CHAIRPERSON OF THE NCOP: The nomination by the Premier of Mpumalanga has been seconded by the Premier of the Free State, the hon Marshoff. The name nominated is that of the Premier of Gauteng, the hon Mr Mbhazima Shilowa. Could the proposer please hand the nomination form to the Table. Are there any further nominations? No.

Only one candidate has been nominated, namely, the hon Mbhazima Shilowa. The nomination is in order and in terms of item 5 of Schedule 3 of the Constitution, I accordingly declare the hon Mbhazima Shilowa duly elected second Deputy Chairperson of the NCOP.

On behalf of all delegates present here, I congratulate the hon Sam Mbhazima Shilowa on being elected as the second Deputy Chairperson of the NCOP. [Applause.] I shall now call upon heads of the delegations.

Ms B N DLULANE (Eastern Cape): Thank you, Chairperson. I rise on behalf of the Eastern Cape. Comrade Sam Shilowa is a leader who has a strong working class background. He was a member and a leader of a Cosatu affiliate and rose to the apex of Cosatu as the Secretary-General. At this present juncture he is a leader as the Chairperson of the ANC in the Gauteng province, and also Premier of Gauteng.

Ndisukumela ukuthi, sikuthembile ukuba uza kubuya uze kubhexesha nakule Ndlu, nje ngoko uqhele ukwenza phaya eGauteng, singakunyuli nje uhlale phaya eGauteng. [I am standing here to say we trust that you are going to come back and take charge in this House as well as you usually do in Gauteng; we must not elect you to stay there in Gauteng only.]

We are thinking that at one time or the other you must have a session with us, chairing this House. Thank you so much. [Applause.]

Mrs B MARSHOFF (Free State): Thank you, Chairperson. Chairperson, Deputy Chair, MECs, leaders of delegations and hon members, as the outgoing Deputy Chairperson I wish to congratulate Premier Shilowa on his appointment as the Rotating Deputy Chairperson for the next cycle.

The NCOP plays an invaluable role in protecting the interests of provinces and local government. To our people the NCOP is recognised as the instrument that serves both, facilitating the oversight function of provincial legislatures and local government.

The enhanced role of the NCOP offers new opportunities in shaping the role of national, provincial and local government in the development of the country and in deepening participatory democracy. The NCOP represents the ideals for which our people fought to ensure that their voices, however humble, would be heard. I again want to take this opportunity to congratulate my colleague here on his appointment as the Rotating Chairperson, and I wish him everything of the best and all the success for the term in which he is going to serve. Thank you very much. [Applause.]

Mr E M SOGONI: Thank you, hon Chairperson. On behalf of the people of Gauteng, we express our profound congratulations to the Premier of Gauteng on his election as the eighth Rotating Chairperson of the NCOP. We are convinced that as Gauteng assumes this Chair, it will be able to define its role and the path the future Rotating Chairpersons will play.

It cannot continue to be symbolic, when our people out there are crying out for delivery of constitutionally mandated services. The challenge, therefore, that confronts us is:

to build an effective people’s Parliament, that is responsive to the needs of the people, and that is driven by the ideal of realising a better quality of life for all people of South Africa, and to strive to achieve the goals of the Freedom Charter.

This House, therefore, must – in the context of this vision of Parliament - strive to carve out its own niche and role in order to achieve this goal, thus creating space for the people to govern themselves. Thank you.

Mr Z C NTULI: Sihlalo, ngizoqala ngokuxolisela abaholi baKwaZulu-Natali ngokungaphumeleli kwabo ngenxa yokuthi balungiselela ukuvakashelwa uMongameli wezwe njengoba kukhona okuthile afuna ukukhuluma ngakho. [Chairperson, I will start by apologising for the leaders of KwaZulu-Natal, who are unable to attend due to the fact that they are making arrangements, as the President of the country is paying them a visit because there is something he wants to talk about.]

Oh behalf of KwaZulu-Natal, we are very pleased to support the election of the hon Mr Shilowa, Premier of Gauteng province, as the Rotating Deputy Chairperson of the NCOP. We have all the confidence in hon Mr Shilowa’s ability and integrity as one of our esteemed leaders in the NCOP.

We further pledge that we will accord him all the necessary respect and co- operation that will assist him and other NCOP office bearers to discharge their duties with excellence and distinction, confident of the loyal support of our province. I take the opportunity to congratulate him on such an important bestowal of trust. Ngiyabonga. [I thank you.]

Dr T S FARISANI (Limpopo): Chairperson, on behalf of the people of Limpopo, all the way from the Kruger National Park in the east to Mapungubwe in the west, all the way from Beit Bridge to just north of the Carousel; from all our six districts of Waterberg, Capricorn, Vembe, Mopani, Sekhukhune and Bohlabela; on behalf of children, the youth, the middle-aged and the veterans; on behalf of the poor and the poorest of the poor, and those who are beginning to make it through out democratic dispensation, we want to bring our congratulations to the hon Mbhazima Sam Shilowa.

He has been tried and tested in the trenches of the struggle. He has not mushroomed overnight; but it has taken years to bring him to a position where he is regarded as a mature and focused leader by all of us in Limpopo and, we believe, across the country.

Finally, we know that he is not misplaced in this position because he is socially focused, politically directed and economically creative. His presiding here in assistance to you, Chairperson, will be another milestone in the deepening of our democracy. It is my honour to associate myself with all those who are celebrating this election of Mbhazima Sam Shilowa. Thank you. [Applause.]

The CHAIRPERSON OF THE NCOP: Perhaps I should remind a number of you that the hon Premier was born and bred in Limpopo. Am I correct, Premier? [Laughter.] He was born around the area of Tzaneen. I could hear that Moruti Farisani didn’t want to say that, but I must remind a lot of people that his parents are actually still there. He very often goes to Limpopo, too, to visit.

Mr T S P MAKWETLA (Mpumalanga): Chairperson, hon members, allow me to join fellow delegates to this second Chamber of Parliament, the NCOP, to congratulate the Premier of Gauteng, hon Mbhazima Shilowa, on his election as the Rotating Deputy Chairperson of this House.

Mr Shilowa prides himself on and relishes the fact that he is the longest- serving Premier in this House and therefore deserves the title of “chief Premier”! [Laughter.] That is what we have bestowed on him this afternoon. It is therefore fitting indeed that the House be strengthened in its leadership through the contribution to its work by someone who is a veteran of the NCOP.

Close to three months ago the NCOP undertook to take its work to the people by visiting the province of Mpumalanga for a week. We wish to commend and congratulate the House, its leadership and members for the enthusiasm and commitment to their duties. Last week we received a detailed report of the work done during this visit. We pledge to follow up the many issues, observations and recommendations raised and aimed at improving our work.

It is indeed needless to say that, for as long as this Chamber exists, our collective mind and creativity are needed to optimally use the opportunity presented by this House to enrich our democracy.

In this regard, the contribution by the executive arms of provinces to input by legislatures and into decisions and legislation passed by the NCOP is an ongoing challenge. And I have no doubt that Premier Mbhazima Shilowa will, in the course of his duties, bring his experience to bear in improving the quality of our work in this regard. Once again, the Mpumalanga delegation to this House wishes Premier Shilowa a pleasant and enjoyable experience during his innings as Rotating Deputy Chairperson of the NCOP. I thank you. [Applause.]

Mr G THIBEDI (North West): Chairperson, hon Premiers and members of the NCOP, from the outset, let me put on record an apology on behalf of the Premier or North West, Premier Ednah Molewa, who could not make it to this important occasion.

On behalf of the North West province, it is indeed a great pleasure for us to extend the words of congratulations to our recently elected Rotating Deputy Chairperson in the person of Premier Mbhazima Shilowa. We are very grateful that he has been elected to this office and we want to wish him the best of luck in the execution of his duties.

We have not doubt that the NCOP will be the richer for your astute contributions, Mr Shilowa, and of course you will in the process enrich the deliberations. We want to align ourselves with Limpopo when they say you went through all the stages of the revolution in your development. Some of us who worked with you in the labour movement can say without fear of contradiction that your election to this important position is necessary.

It is an awesome challenge to you to participate on behalf of the Premiers of our country and we express our unwavering support to you. We trust that you will succeed in this undertaking. We know that you have succeeded in the past under very difficult conditions. There is no reason for us to believe, now, that you won’t succeed.

May I take this opportunity, once more, to wish all the best for all of you. Thank you. [Applause.]

Mr K SINCLAIR: Hon Chairperson, on behalf of the Premier and the people of the Northern Cape, it’s indeed a privilege to bring this message of congratulations and support to you, Premier Shilowa, on your election as the Rotating Deputy Chairperson of the NCOP.

This message of support comes from the biggest province, the Northern Cape, to the leader of the smallest province, Gauteng. [Laughter.] This, hon Premier Shilowa, is only in terms of geographical area, as you know.

However, the people of our province have big hearts. That’s why all 823 000 of them congratulate you and the 8,8 million people of Gauteng that you represent as Premier. As you would know, Mr Premier, it is not about being big or small, here all provinces are equal in their participation. It is indeed the reality of one province, one vote. We wish you well during your term of office and we trust that our very noble Vision 2009 will further come to fruition during your term. I thank you. [Applause.]

Ms N D NTWANAMBI: Chairperson, Ministers, Premiers and Speakers who are here, comrades and colleagues, we don’t have to repeat what has been said earlier by other speakers from other provinces but we also want the House to note that this election takes place when Minister Pandor is in the House. She is the former Chairperson of the House. So this is another blessing for Premier Shilowa.

Our province congratulates you on your election as the Rotating Deputy Chairperson. We are looking forward to the day when you will take the Chairperson’s seat and actually walk the talk. We assume that that day is not very far. Once more, we wish you all the best. Thank you. [Applause.]

Mr J LANDINGWE (Salga): On behalf of the chairperson of Salga, its executive committee and all its members, it is my honour and privilege to congratulate the Premier of Gauteng, our beloved Comrade Sam Shilowa, on his election to the position of second Deputy Chairperson of the NCOP.

As Salga, we represent a sphere of government that is closest to its people and we anticipate a positive, healthy and long working relationship with your office, sir. I wish you well in your office. Thank you, hon Chair.

SOSISWEBHU LOMKHULU WEMKHANDLU: Ngiyabonga, Mgcinisihlalo lohloniphekile, Sekela Sihlalo we-NCOP, boNdvunankhulu, Tindvuna kanye Nemasekela eTindvuna lakhona la. Ngitsandza kutsi, egameni lembutfo we-ANC, lophetse 70% kulo lonkhe lelive laseNingizimu Afrika, sihalalisela Ndvunankhulu Mbhazima Shilowa kutsi akhetfwe, njengobe aphakanyiswe nguBabe Makwetla - Ndvunankhulu waseMphumalanga, wasekelwa nguMake Marshoff - Ndvunankhulu waseFree State.

Tsine njengembutfo we-ANC sitsi bani ngumhlahlandlela, ube ngumshokobezi. Kube bekuya ngami njengaSosiswebhu Lomkhulu waleNdlu, bekufanele kutsi lethemu letako ingapheli ungakahlali kuleso situlo ubambe tintsambo taleNdlu.

Ngiyati kutsi Make Marshoff abebambekile njengobe bekulihlandla lakhe lekucala kutsi abe nguNdvunankhulu kulela laseFree State. Kodvwa wena, njengobe Babe Makwetla asashito, lihlandla lakho lesibili lekutsi ube nguNdvunankhulu. Sekunyenti kakhulu lokwentile eGauteng. Siyati kutsi losekusele nje kutsi ufake lesitimela lesisheshisako kuphela. Ngako-ke utaba nesikhatsi lesinyenti sekutsi ugcugcutele balingani bakho, boNdvunankhulu labanye kutsi njengobe i-NCOP iyaye iphume iyewuhlangana nebantfu lapha phansi kuhle kutsi nabo bonkhe labanye boNdvunankhulu, bosishiyagalolunye, babe yincenye yaloko. Kuhle sibabone babe khona lapho njengobe neMtsetfosisekelo wetfu usho lapha kuSekshini 42(4) kutsi: Umkhandlu Wetifundza Wavelonkhe umele kuciniseka kutsi tintfo letistintsa tifundza tiyanakwa ezingeni laHulumende Wavelonkhe. Ukwenta loku ngekufaka sandla ekwakhiweni kwemtsetfo welive lonkhe nangekuniketa sive sonkhe inkhundla yekutsi sibuke tindzaba letitsintsa tifundza.

Siyacela-ke, kutsi Babe Shilowa kube nguwe logcugcutela boNdvunankhulu kutsi abayisebentise leNdlu ngendlela lefanele. Ngiyabonga, Mgcinisihlalo. [Tandla.] (Translation of Siswati speech follows.)

[Thank you, hon Chairperson, Deputy Chairperson of the NCOP, Premiers, Ministers and Deputy Ministers who are here. I would like to say, in the name of the ANC, which has a 70% majority rule in the whole country of South Africa, we congratulate Premier Mbhazima Shilowa on being elected; he was nominated by Mr Makwetla, the Premier of Mpumalanga, and the nomination was seconded by Mrs Marshoff, the Premier of the Free State.

We as the ANC say: Be a pioneer, and be an activist! If it was up to me as the Chief Whip of this House, the following term would not be finished before you sit in that chair and is in charge of this house.

I know that Mrs Marshoff is busy, because it is her first time as Premier in the Free State. But, as Mr Makwetla has said, it is your second time as a Premier. There is a lot that you have done in Gauteng. We know that what is left for you is only to introduce the fast train. Therefore you will have plenty of time to encourage your colleagues, other Premiers, as the NCOP sometimes meets people at the grassroots level and it is good that all the other Premiers, all nine of them, are a part of that. It is good to see them there as our Constitution says in section 42(4):

The NCOP represents the provinces to ensure that provincial interests are taken into account in the national sphere of government. It does this mainly by participating in the national legislative process and by providing a national forum for public consideration of issues affecting the provinces.

We therefore ask, Mr Shilowa, that you be the one to encourage the Premiers to use this House in the proper manner. Thank you, Chairperson. [Applause.]]

Mr A WATSON: Hon Chair, you know and everybody is aware that this very strong and wonderful House, united as a House of the provinces of this country, is also composed of different political tribes. And in this House there is a river that runs through it with the one powerful political tribe on that side and the other ones, of which we are the largest, on the other side. [Laughter.]

It also follows that when important people like the Rotating Deputy Chair are elected, those on this side of this dividing river are not consulted so when I stand up I stand up unconsulted. But I am in a terrible predicament because, firstly, it was my Premier who proposed Mr Shilowa and, secondly, I have known him as a man of strong will and a man that has been successful in many endeavours.

Therefore, I have no hesitation on behalf of the DA team in this House, all 10 of us, in congratulating Mr Shilowa on his election today. We look forward to his - and I thought when I turned these facts over in my head that I am going to ask him to make sure that he does - sitting in that chair as a full-blown Deputy Chair from now on. But I am refraining from offering that advice, but I am sure it is a feeling that has been going round the House.

Ek sou in my plig versuim as ek nie ook die uitgaande Ondervoorsitter, Premier Marshoff, bedank vir haar werk, én ook gelukwens dat sy die status van dié Huis en van ons land ook hoog gehou het waar sy was; veral nou die dag toe sy ons land se volkslied so mooi beskerm het. (Translation of Afrikaans paragraph follows.)

[I would be remiss in my duty if I did not also thank the Deputy Chairperson, Premier Marshoff, for her work and also congratulate her on maintaining the status and reputation of this House and of our country where she was. I am thinking particularly of the other day, when she defended our country’s national anthem so wonderfully.

Siyambongela uPremier Shilowa. Siyethembna ukuthi uzothatha la mandla esephethe ukukhombisa abantu bonke la ehamba khona ukuthi le Ndlu akusiyo indlu encane kuneNational Assembly kepha yiNdlu ephambili yePhalamende. [We congratulate the Premier Mr Shilowa. We hope he will use his strength to show everybody wherever he goes that this House is not inferior to the National Assembly, but that it is also an important House of Parliament.]

He must not forget that we are the upper House and please make sure that those people who keep thinking that we are an addendum to the National Assembly get the facts right. You are now a Deputy Chairperson of the upper House of Parliament. Congratulations, sir.

The CHAIRPERSON OF THE NCOP: Except that, Mr Watson, Mr Mbhazima Shilowa is the second Deputy Chair, not the Deputy Chair. [Laughter.] The Deputy Chair is Mrs Hollander.

Mnu M A MZIZI: Kuyithuba elihle leli ukuzwakalisa ukweseka uMnu uShilowa egameni le-IFP. Ngiphinde ngithi nawe Gauteng awumncane njengokuba kuphikelelwe kuphindelelwa ukukhetha kuwena abaholi abasezingeni eliphakeme. Zolo lokhu besisazesula izinyembezi ngeqhawekazi, indodakazi eyasishiya eyayiqhamuka khona eGauteng. Kuthe kungakabi phi insizwa yakwaShilowa lo Mkhandlu wabona kufanele ukuthi iqokwe ukuzokwelekelela.

Shilowa mfowethu, angifuni nokuthi ngithi Premier, kufuneka ngikubize ngomfowethu ukuze kuzwakale kahle. Uma ngithi Premier abaningi bazocabanga ukuthi ngiyakubaleka. Ubuholi onabo eGauteng sinethemba ukuthi uzobuletha la ngoba sengathi usufikile ezingeni lokuba ngumholi.

Angikhumbuli amaqembu amancane eGauteng ekhala ngobuholi bakho ngoba usibiza sonke uma unomhlangano ukhulume nathi sonke njengeGauteng. Ngiyathemba ukuthi nalapha uma ulinikiwe lelo thuba sizokubona uhlala laphaya esihlalweni ubukana nathi ubhekana nezinkinga esibhekene nazo ezibhekene nezwe. Ngakho-ke, egameni le-IFP siyakuhalalisela mfowethu. Sithi phambili, izindlela zikhanye zonke kuwena kufane nangalesiya sikhathi sikwazi kuCosatu. Wawuthi uma uqhamuka naleliya kepisi lakho, bathi nango- ke umfo kaShilowa. Nango-ke, usefikile nalapha. [Ihlombe.] (Translation of isiZulu speech follows.)

[Mr M A MZIZI: This is a good opportunity to support Mr Shilowa in the name of the IFP. I again say to you, Gauteng is not so small because high- profile leaders are continuously selected from among you. Just yesterday we mourned the death of a heroine, a daughter who had left us, who was from Gauteng. All of a sudden the son of Shilowa was elected by this Council to come and help.

Mr Shilowa, my brother, I do not even want to call you “Premier”, I have to call you “my brother” so that this can be heard clearly. If I say “Premier” most people would think that I am distancing myself from you. We hope that the leadership you have shown in Gauteng will also be seen here as it shows that you have reached the stage of being a true leader.

I do not recall small parties complaining about your leadership at any stage, because if you have a bone to chew with us, you would call us all as Gauteng to a meeting. I just hope that even here, if you were given the chance again, we will see you occupying that seat, facing both the problems of the country and us. Therefore, in the name of the IFP we congratulate you, my brother. We say forward, may it go well with you as it did when you were with Cosatu. During those times, whenever you approached with your famous cap, they would say, “There comes the son of Shilowa”. Here he is, he has also come here. [Applause.]]

Nkskz A N D QIKANI: Mhlalingaphambili namalungu onke akhoyo, siyi-UDM siyavuyisana noMnu Shilowa ngokuba enyuliwe namhlanje ukuba abe nguSekela- Sihlalo wale Ndlu oQingqelwe ixesha.

Ndiye ndacinga ukuba mhlawumbi kuza kwenzeka impazamo, okanye kubekho usizi, ukuze uMbhexeshi oyiNtloko anyule nalapha kwi-UDM . . . [Kwahlekwa.] . . . ukuze nayo, njengoko imelwe ngumntu omnye, khe isifumane isihlalo. [Kwahlekwa.] Kodwa ke ngenxa yokuba sikhona simile, sithi masivuyisane naye uMnu Shilowa. Ndiyacinga ukuba ngenye imini uMbhexeshi oyiNtloko uya kusibonelela nathi. Enkosi. [Kwaqhwatywa.] (Translation of isiXhosa speech follows.)

[Mrs A N D QIKANI: Chairperson and all members present, we, the UDM, congratulate Mr Shilowa on his election today as the Rotating Deputy Chairperson of this House.

I thought maybe there would be a mistake, or pity would be shown, so that the Chief Whip would elect from the UDM as well . . . [Laughter.] . . . so that, as it is represented by one person, it would get the chairpersonship! [Laughter.] But because we are present and standing, we say: Let us congratulate Mr Shilowa. I think the Chief Whip will one day also consider us. Thank you. [Applause.]]

Rre J O THLAGALE: Motlotlegi Modulasetulo, batlotlegi Ditona tse di fano le Ntlo e e tlotlegang, ke ema mo boemong jwa lekoko la UCDP go akgola motlotlegi Mbazima Shilowa, Tonakgolo ya Gauteng, mabapi le go tlhopiwa ga gagwe kwa ntle ga kganetso jaaka Motlatsa-Modulasetulo yo o dikologang wa NCOP, le go tlhagisa tsholofelo e re nang le yona ya gore ka maitemogelo a gagwe a a sephara, o tla dira tiro e ka matsetseleko a a lebeletsweng mo go ena. Ke rata gape go mo tlhomamisetsa gore rona ba UCDP, re mo solofetsa tirisanommogo le tshegetso ka dinako tsotlhe. Ke a leboga. [Legofi.] (Translation of Setswana paragraph follows.)

[Mr J O TLHAGALE: Hon Chairperson, hon Ministers and the august House, on behalf of the UCDP I would like to congratulate hon Mbazima Shilowa, the Premier of Gauteng, on his unanimous appointment as the Rotating Deputy Chairperson of the NCOP, and convey the hope that with his vast experience he will do his job with excellence. I would also like to assure him that he has of the support and co-operation of the UCDP at all times. Thank you.] [Applause.]]

Rev E ADOLPH: Hon Chairperson, national Ministers, Premiers, distinguished guests, and with all protocol observed, Premier Shilowa, I want to congratulate you on this appointment of second Rotating Deputy Chairperson of the NCOP. On behalf of the ID we want to tell you that we have trust in you. You have established yourself as a fine developmental leader. Coming through the rank and file of the ANC it is not easy to achieve what you have achieved through leading by example. But there is a saying that no man is an island and I assume that behind your success as a leader you have a strong woman. Do you agree, sir?

I am talking about somebody that you can always fall back on and rely on as your support system. We do appreciate her. We wish you wisdom and guidance and we are sure that you will use our vision to bring Parliament to the people very effectively. Perhaps it is a coincidence or perhaps it is significant that this weekend we have the first taste of bringing Parliament to the People in Gauteng in Kliptown. That might be a sign.

U is ‘n leier met baie goeie eienskappe op wie mens kan peil trek en vertrou. Die hele Huis plaas hul vertroue in u hande en ons sê vir u baie welkom, en sterkte. [You are a leader with very fine characteristics, on whom one can rely and whom one can trust. The entire Council put their trust in you; we welcome you and wish you everything of the best.]

The CHAIRPERSON OF THE NCOP: In terms of my speakers’ list, Premier, I am sure they have forgotten to put you on, but I am very generous. I cannot just skip you. This House wants to hear your response. I will give you five minutes to respond to the congratulatory speeches.

The ROTATING DEPUTY CHAIRPERSON OF THE NCOP (Mr M S Shilowa): Thank you, Chairperson and Deputy Chairperson of the NCOP, Ministers and Deputy Ministers here present, representatives of various political parties who have already spoken, Premiers and hon members.

Vhahali vha shango Vho-Farisani. Ndo vha ndi tshi khouri vha tshi amba nga ha Limpopo, vha do thoma Thavhani dza ha-Tshilowa, Mopani; ri tshi ya hayani. Zwino ndi khou pfa vha tshi sokou amba fhedzi bulege dzinwe vha litsha hafhala thavhani dzashu dza ha-Tshilowa. [Hon Farisani, I had hoped that when you spoke about Limpopo, you would start with the Tshilowa Mountains, Mopani, on our way home. Instead you spoke only about other places, leaving out our own Tshilowa Mountains.]

Also, thanks Premier Marshoff. I was not aware of the reason why you were wearing red today. I now understand that it was for a proper handover to me. Thanks to Premier Makwetla, I can wish for no better nomination than from a brand new chairperson of our movement. [Applause.]

It is clear that having been elected to another position you did not forget some of us. But let me say on behalf of the people of Gauteng that I wish to thank you for electing me to be the next Rotating Deputy Chairperson of the NCOP. Together with the leadership of the NCOP, we need to look at how we can take forward the work done during the tenure of my predecessors.

There are a few issues, though, which I wish to raise that may need to be considered by the leadership of the NCOP. I think that the former leaders of the NCOP, like Terror Lekota and Comrade Naledi Pandor, even though they may be in another House, will share my view on these issues and agree with me. There are simply four issues. The first one is that I think we need to use this period to say what role a Rotating Deputy Chairperson should play. Is it merely a symbolic role or is there more that was envisaged when we included it?

I believe that more was envisaged and I would want to be able to meet with the leadership of the NCOP at least once every two to three months to look at what issues are emerging from provinces and how they can be taken further because this is a House of provinces.

Therefore it is important that from time to time we sit together to say what issues are emerging from the ground in each of the provinces and how we can get them onto the agenda of the NCOP. [Applause.]

Secondly, we need to find a way to balance the need for provincial special delegates, including MECs, to attend sittings especially during Budget Votes and identify key policy issues for debates where we can learn from one another.

I am not a fan of bringing MECs along simply because the Minister for Safety and Security, for example, is going to be presenting his Budget Vote and therefore every MEC should come here. I am not a fan of that. I have nothing against it, but I think what would help this House more is if we were to say, Minister Pandor is coming; let us ask her to come and talk, not on her Budget Vote, but about what are the key policy questions we need to look at with regard to education. And let us bring each province MEC to talk about what they have been doing to deal with the challenges in education, what problems they are facing and what we are able to do together.

I think, in that way we would learn more from one another. So it is not simply a matter of saying my Minister is going to be there, can I give support? That is important, but it is really more about what the key policy questions and problems are that we are facing, because it is only through that that each province can then learn from one another.

The third issue that I thought I needed to raise is the issue of the tagging of Bills. I think that, whoever does the tagging of Bills, as the NCOP we must guard against a situation where people run away from Bills coming to the NCOP and therefore tag them differently; and/or where having tagged them differently, when they are brought into the NCOP, the NCOP is then stampeded into having to adopt those Bills.

So, as long as I am the Rotating Deputy Chair, we won’t be stampeded into adopting a Bill, which we have not been given enough time as provinces to consider on that particular basis. But I think we need to go a step further to say there is no reason why certain Bills, if you take the Integrated Framework Bill for intergovernmental issues, should not emerge from here, be dealt with here and be introduced here. Because its primary interest is to look at how provinces could be represented and heard on those particular issues. So, for me, these are the issues that we need to address.

The last issue that I thought I also needed to raise is simply to ask how do we move beyond this House being seen as the sister House of the National Assembly? You cannot decree that you are an upper House; that we are a better House. Depending on how we conduct ourselves, we will either be seen as . . .

. . . iBhunga leSizwe laMaphondo, okanye iNdlu apho izinto ezithile ezinxulumene namaphondo . . . [. . . the National Council of Provinces, or the House where certain issues affecting the provinces . . .]

. . . can better be dealt with, and it really is going to depend on what it is that we do to deal with that. Before I sit down I once more extend an invitation to all of you to join me on 26 June as we unveil the Walter Sisulu Square of Dedication in Kliptown where I will have as my special guests all veterans who played a role in the liberation of our country, as well as the representatives and families of Chief Albert Luthuli, Yusuf Dadoo and Father Trevor Huddleston, who were the first recipients of Isithwalandwe. I am hoping that regardless of your political persuasion you will find time to come and honour Uncle Walter. Thank you.

The CHAIRPERSON OF THE NCOP: Thank you, hon Premier. The House, the NCOP, is indeed a small House as they have said, but it has huge responsibilities in terms of the Constitution. I do not have to repeat that; I think you know that very well. You are quite well-versed with the Constitution.

The NCOP presiding officers will soon arrange a meeting to brief you on some of the issues that we are dealing with, and we have quite correctly mentioned some of the difficulties that we have and we will be prepared to sit down with you and look at them.

I do not want to deal with those matters at the present moment. All presiding officers of this House will work closely with you to make this institution a very vibrant institution because it is a House that takes care of the interests of the provinces. I wish to congratulate you on your election and thank you very much for your response.

The Council adjourned at 15:48. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS


                       WEDNESDAY, 15 JUNE 2005

ANNOUNCEMENTS

National Assembly and National Council of Provinces

1. Classification of Bills by Joint Tagging Mechanism

 (1)    The Joint Tagging Mechanism (JTM) on 6 June 2005 in terms of
     Joint Rule 160(3), classified the following Bill as a section 75
     Bill:

     (i)     Defence Special Account Amendment Bill [B 15 – 2005]
          (National Assembly – sec 75)

National Council of Provinces

1. Messages from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council

   (1) Bill passed by National Assembly on 15 June 2005 and transmitted for concurrence:

   (i) Close Corporations Amendment Bill [B 6B – 2005] (National Assembly – sec 75)

   The Bill has been referred to the Select Committee on Economic and Foreign Affairs of the National Council of Provinces.

TABLINGS

National Council of Provinces

1. The Chairperson

   Notice of investigation in Abaqulusi Municipality, in terms of section 106 of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000).

   Referred to the Select Committee on Local Government and Administration.

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Local Government and Administration on the Re-determination of the Boundaries of Cross-Boundary Municipalities Bill [B 12 - 2005] (National Assembly – sec 75), dated 14 June 2005:

   The Select Committee on Local Government and Administration, having considered the subject of the Re-determination of the Boundaries of Cross-Boundary Municipalities Bill [B 12 - 2005] (National Assembly – sec 75), referred to it, reports that it has agreed to the Bill.

2. Report of the Select Committee on Local Government and Administration on the Intergovernmental Relations Framework Bill [B 3B - 2005] (National Assembly – sec 75), dated 14 June 2005:

   The Select Committee on Local Government and Administration, having considered the subject of the Intergovernmental Relations Framework Bill [B 3B - 2005] (National Assembly – sec 75), referred to it, reports that it has agreed to the Bill.

3. Report of the Select Committee on Social Services on the Older Persons Bill [B 68 – 2003] (National Council of Provinces – sec 76), dated 14 June 2005:

   The Select Committee on Social Services, having considered the subject of the Older Persons Bill [B 68 - 2003] (National Council of Provinces - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 68A - 2003].

   The Committee further reports that it would like concerns regarding the costing of the Bill noted, despite the Committee and the majority of provinces having received briefings on this aspect of the legislation from the national Department of Social Development.

   In their final mandates Gauteng and the Northern Cape noted that the implementation of this Bill will have implications for the provinces in that the projected estimates exceed the Department’s budgetary allocation.

   The Free State noted that due to financial constraints the province will implement the Bill in a phase-in process.

   In their final mandate KwaZulu-Natal raised the concern that the costing exercise completed by the national Department of Social Development has not yet been approved by National Treasury or the Financial and Fiscal Commission, and no indication has been given by National Treasury that the Bill is affordable to the national fiscus.

                     FRIDAY, 17 JUNE 2005
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

1. Classification of Bills by Joint Tagging Mechanism

 (1)    The Joint Tagging Mechanism (JTM) on 14 June 2005 in terms of
     Joint Rule 160(3), classified the following Bill as a section 75
     Bill:

     (i)     Patents Amendment Bill [B 17 – 2005] (National Assembly –
          sec 75)


 (2)    The Joint Tagging Mechanism (JTM) on 16 June 2005 in terms of
     Joint Rule 160(3), classified the following Bill as a section 75
     Bill:
     (i)     Taxation Laws Second Amendment Bill [B 20 – 2005]
          (National Assembly – sec 75)

 (3)    The Joint Tagging Mechanism (JTM) on 16 June 2005 in terms of
     Joint Rule 160(6), classified the following Bill as a Money Bill:

     (i)     Taxation Laws Amendment Bill [B 19 – 2005] (National
          Assembly – sec 77)


                        TUESDAY, 21 JUNE 2005

ANNOUNCEMENTS

National Assembly and National Council of Provinces

1. Classification of Bills by Joint Tagging Mechanism:

 (1)    The Joint Tagging Mechanism (JTM) on 21 June 2005 in terms of
     Joint Rule 160(4), classified the following Bill as a section 76
     Bill:


     (i)     National Credit Bill [B 18 – 2005] (National Assembly –
             sec 76)

1. Translations of Bill submitted

(1)     The Minister of Finance

     (i)     Wysigingswetsontwerp op Belastingwette [W 19—2005]
            (National Assembly—sec 77)

       This is the official translation into Afrikaans of the Taxation
       Laws Amendment Bill [B 19—2005] (National Assembly—sec 77).

(2)     The Minister of Trade and Industry

    (i)      Wysigingswetsontwerp op Beslote Korporasies [W 6—2005]
            (National Assembly—sec 75)

             This is the official translation into Afrikaans of the
             Close Corporations Amendment Bill [B 6—2005] (National
             Assembly—sec 75).

National Council of Provinces

1. Messages from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council:

 (1)    Bills passed by National Assembly on 21 June 2005 and
    transmitted for concurrence:


         i) Taxation Laws Amendment Bill [B 19 – 2005] (National
            Assembly – sec 77)


        ii) Taxation Laws Second Amendment Bill [B 20 – 2005] (National
            Assembly – sec 75)


      The Bills have been referred to the Select Committee on Finance
      of the National Council of Provinces.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

   Report of the Government Employees Pension Fund (GEPF) for 2003-2004, including the Report of the Independent Auditors on the Financial Statements for 2003-2004 [RP 153-2004].

2. REPORT OF THE SOUTH AFRICAN DELEGATION TO THE 112TH IPU ASSEMBLY IN MANILA, 3-8 APRIL 2005

3. 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

▪ Election of the President and Vice-Presidents of the 112th Assembly.
▪ Consideration of possible requests for the inclusion of an emergency
  item in the Assembly agenda.
▪ General debate on the political, economical and social situation in
  the world with the overall theme of The impact of domestic and
  international policies on the situation of women.
▪ 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 (Committee on Peace and International Security).
▪ The role of parliaments in establishing innovative international
  financing and trading mechanisms to address the problems of debt and
  achieve the Millennium Development Goals (Committee on Sustainable
  Development, Finance and Trade).
▪ The role of parliaments in advocating and enforcing observance of
  human rights in the strategies for the prevention, management and
  treatment of HIV/AIDS pandemic (Committee on Democracy and Human
  Rights). 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

1. Inaugural ceremony of the 112th Assembly of the Inter-Parliamentary Union

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.

1. 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

a) Elections to the Bureaux of the Standing Committees

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.

 b) Presidency of the IPU

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.

1. 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,

▪ The draft declaration for the Speakers’ Conference
▪ Follow-up to the 2000 Speakers’ Conference
▪ Review of the handbook on Framework for democracy
▪ Co-operation between parliaments and the United Nations

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.

The Philippines 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 the 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.

1. 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.

1. Consideration of possible requests for the inclusion of an emergency 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”.

1. 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.

1. 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.

1. 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.

1. 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.”

1. Bilateral meetings

The following bilateral meetings took place:

▪ The Speaker met the Speaker of the Zambian Parliament wherein it was
  agreed that a meeting of SADC country delegations should be convened
  at each IPU Assembly.

▪ The Speaker met the delegation from the Ivory Coast to discuss the
  peace process in that country.

▪ Mr Van der Merwe met the delegation of Israel. The delegation met
  their counterparts from Palestine to discuss the political situation
  in that country.

1. 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.

1. Challenges

▪ It is important for adequate preparations to be done for
  international events such as this.


▪ South Africa as a country should add more value in its contribution
  to the proceedings of the IPU and also benefit from the IPU.

▪ Adequate interest and publicity on IPU within our Parliament should
  be generated.


▪ The IPU presents an opportunity of cross-pollination of ideas and
  further triggers and emphasises the need to craft local programmes of
  the legislature and integrate them with global activities in such a
  way that there is visible reciprocation.

1. Recommendations

The National Assembly should:

a) ensure the provision of adequate resources and better planning in order for the National Assembly to contribute to a better world for all through the IPU.

b) develop short, medium and long-term strategies and plans on its participation in the IPU.

c) establish a joint National Assembly/National Council of Provinces structure that will consistently strategise, plan and implement above plans and other activities at international level.

d) Appoint a core of 3-4 representatives to IPU for the rest of the term of the current Parliament, and another group of 8-9 representatives on rotation basis.

e) Assign the Presiding Officers to take the responsibility for the above recommendations and report to the National Assembly on an annual basis.

                            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,

1. Calls upon the international community to renew its determination to prevent disasters where possible and to minimise the impact of unavoidable natural disasters by making maximum use of past lessons learned in order to prepare for natural disasters, which can strike anywhere in the world, and to achieve the common desire of all humankind to prevent extensive damage, and particularly the loss of life;
2. Proposes that nations around the world that are frequently struck by disasters further strengthen their cooperation in disaster prevention efforts; encourages them to provide and share know-how, expertise, technology, and other information for the establishment of an early warning system; and urges concerned governments to move forward with concrete efforts to establish a tsunami early warning system in the Indian Ocean region under international coordination, administered by United Nations entities, including the Intergovernmental Oceanographic Commission (IOC) of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the International Strategy for Disaster Reduction (ISDR);
3. Calls upon the parliaments of every nation to urge their governments to support, in partnership with the United Nations, effective projects conducted by international organisations such as the International Red Cross and Red Crescent Movement, UNICEF, IOM, the United Nations Human Settlements Programme (UN-HABITAT), WHO, and the United Nations Development Fund for Women (UNIFEM) to support children, women, the poorest and other members of society who are vulnerable in post- disaster situations;
4. Proposes that the parliaments of affected nations and international organisations involved in relief efforts call upon governments to implement plans for the protection and survival of children, including (i) measures to combat human trafficking and to support family reunification, (ii) the establishment of child protection facilities and temporary housing for single-parent families, (iii) services to relieve psychological trauma, (iv) measures to control infectious diseases, and (v) nutritional support for children;
5. Calls upon the parliaments of the affected countries and their neighbours to protect from human trafficking, infectious diseases and other secondary damage children who have been orphaned or who remain unidentified after the disaster, by disseminating information, inter alia by drawing society’s attention to this matter and educating the government and police, and by appealing to their national governments to take institutional preventive measures, including the proper and prompt strengthening of the legal system, for example through the temporary suspension of adoption procedures;
6. Urges the parties concerned to be particularly attentive to the importance of local ownership of the reconstruction process; suggests that efforts should be made at all levels to promote the participation of vulnerable populations in planning, decision-making and operational activities, thereby making reconstruction more effective and strengthening local democracy; and urges all concerned in the reconstruction effort to take steps to create societies and economies that are environmentally and ecologically sustainable;
7. Urges the United Nations and other institutions of the international community, and particularly donor countries and the international financial institutions, to honour their pledges of funding and assistance in support of the national rehabilitation and reconstruction efforts of affected countries; and encourages IPU Member Parliaments whose governments have made pledges of assistance to take decisive steps towards their realisation in a timely and urgent manner;
8. Strongly urges all parties engaged in the rehabilitation and reconstruction process to be rigorous in the fight against every form of corruption, including profiteering, in the drafting and management of all programmes;
9. Calls upon the countries affected by the tsunami disaster to be responsible, accountable and transparent and to provide the international community as quickly as possible with death tolls and all other relevant information regarding the resulting damage in order to ensure the delivery of aid suitable for the actual situation and to facilitate decisions relating to the distribution of assistance; and further calls upon the affected countries to make every effort to ensure that such assistance is used as quickly as possible for the direct benefit of the tsunami victims, and is used conscientiously to rebuild their respective nations;
10. Recognises the important role played by both the print and the electronic media in providing updated information regarding the tsunami disaster, in encouraging the world community to provide assistance to the tsunami victims and in disseminating all relevant information on this disaster; and urges the media to do the same in all disaster situations; 11.Calls upon all countries to be prepared to face such natural disasters in the future and to help developing countries to acquire natural disaster warning systems and natural disaster preparation plans; and further calls upon scientifically developed countries to share information on such disasters with the rest of the world, the United Nations and appropriate international institutions;
11. Calls upon the parliaments of every nation to support all disaster prevention measures, humanitarian aid and long-term reconstruction assistance implemented by governments, international organisations and others; and urges governments to take part in the international coordination of assistance in order to ensure the efficient use of available resources, without prejudice to bilateral support and aid provided by individual countries or international organisations to afflicted nations;
12. Calls upon Member Parliaments to urge their governments to draw up or strengthen existing legislative policies relating to the creation, training and support of local field disaster response teams in all areas, and particularly disaster-prone areas, to predict, prepare for, plan for and prevent natural and man-made disasters, to cope with and mitigate the effects of the resulting damage, and to relieve, rehabilitate and resurrect areas affected by disasters, employing inter alia the following methods: (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;
13. Calls upon Member Parliaments to create strategically located regional disaster training, logistics and reaction centres, inter alia to train local field disaster response teams, to share international technical know-how, expertise, technology, and other information relating to disaster prevention, training and management, to pre-position emergency equipment for quick delivery and use by international response teams that respond immediately in affected areas using information previously gathered on disaster-prone areas, and to coordinate, mobilise and liaise with local field disaster response teams in the affected areas; and further urges collaboration between these regional disaster training, logistics and reaction centres and international humanitarian organisations such as those of the United Nations, its affiliates and agencies, and the International Red Cross and Red Crescent Movement, without prejudice to bilateral support and aid provided by individual countries or international organisations to afflicted nations;

14. Invites all Member Parliaments of the IPU to take urgent action to follow up on the recommendations contained in this resolution, and thus reaffirm their commitment to provide steadfast support for all initiatives, especially during times of extreme emergency, and to preserve the sanctity of life, alleviate human suffering, and uplift the dignity of all peoples.

                          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,

1. Strongly condemns, without exception, all acts, methods and practices of war crimes, crimes against humanity and genocide;
2. Strongly condemns all acts, methods and practices of terrorism in all its forms and manifestations, wherever and by whomsoever committed, including those in which States are directly or indirectly involved, which threaten friendly relations among peoples, endanger or take innocent lives, have a deleterious effect on international relations and may jeopardise the security and territorial integrity of States;
3. Strongly advises all IPU Member Parliaments to assume, before their States and citizens, in conformity with their national legislations and the international obligations of States, the responsibility for implementing and enforcing, through the enactment of national laws, the international agreements that have been concluded to punish and prevent war crimes, crimes against humanity, genocide and terrorism;
4. Recommends that through the inter-parliamentary activity of IPU Members, efforts should be combined and experiences shared in order to develop the necessary mechanisms to pursue these objectives, and to avoid impunity for those individuals, organisations and States that commit war crimes, crimes against humanity, genocide and terrorism;
5. Urges Member Parliaments duly to codify, in accordance with international law, in particular international humanitarian law, human rights law and refugee law, these abhorrent crimes in their domestic criminal law, and to establish the corresponding penalties and mechanisms to avoid impunity;
6. Invites those States which have not yet done so to ratify or accede to the Rome Statute and to ratify the Agreement on the Privileges and Immunities of the International Criminal Court; and encourages all Member Parliaments whose States are parties to the Rome Statute to pass domestic legislation in order to allow them to cooperate with the ICC;
7. Recommends that all parliaments, including those of States which have not ratified the Rome Statute, enact laws for the prevention and punishment of war crimes, crimes against humanity, genocide and terrorism;

8. Recommends that all parliaments support and cooperate with the ICC and other competent bodies (such as national and international commissions for the investigation of crimes against humanity and national and international courts), and thus strengthen parliamentary action to eradicate war crimes, crimes against humanity, genocide and terrorism;

9. Recommends that States specifically address the issue of war crimes, crimes against humanity and genocide committed before the entry into force of the Rome Statute in a framework of justice and legality, which are the necessary conditions to attain peace and the respect of human rights in each country and in the international community;
10. Urges Member Parliaments to reject bilateral agreements that would provide for immunity from investigation and prosecution, by the ICC or otherwise, for the nationals of any State;

11. Recommends that all parliaments do everything in their power to assist with the criminal prosecution of persons being sought by the International Criminal Police Organization (Interpol), including by facilitating their hand-over; 12.Calls on parliaments to consider ratifying, if they have not yet done so, the 12 multilateral treaties on terrorism and the relevant regional instruments, to incorporate their provisions into domestic legislation and to see to it that they are duly implemented; 13.Recommends that all parliaments urge their respective governments to intensify efforts to come to a global agreement on terrorism, expressing the common awareness of States of the threat of international terrorism and providing a precise definition of the nature and actual features of this phenomenon, so as to combat it more effectively; 14.Calls for recognition of the need to strengthen capacity-building assistance for countries which have the political will but lack the technical resources necessary to conclude and implement the 12 conventions and protocols relating to terrorism; 15.Recommends that all parliaments enact legislation, in line with international law, to create civil procedures to provide compensation to victims of war crimes, crimes against humanity, genocide and terrorism; 16.Encourages parliaments to make the fullest possible use of their competences and roles to achieve these objectives; 17.Recommends that parliaments take account of international declarations and conventions on these subjects and of the considerations of the United Nations, the ICC and all related international or regional agencies, authorities and bodies; 18.Invites parliaments to include in their agendas, as a priority, the activities required to implement all mechanisms which may contribute to the prosecution of war crimes, crimes against humanity, genocide and terrorism, including the strengthening of rule of law mechanisms, so as to avoid impunity for these crimes and to ensure the rights of the victims of such crimes to just reparation; 19.Invites the United Nations and parliaments to promote voluntary contributions to the ICC Trust Fund for Victims.

                          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;
  1. Urges the parliaments of the countries that adopted the Millennium Declaration which are Members of the IPU to support the implementation of the MDGs in their countries by allocating funds for this purpose in their national budgets;
  2. Encourages the parliaments of developed countries to demand that their governments fulfil their commitments to allocate 0.7 per cent of their GDP for ODA, as set out in the Millennium Declaration and the Monterrey Consensus;
  3. Urges the parliaments of the developing countries to make sure that their governments mobilise the resources required for development, combat corruption, continue institutional reform, adopt the economic and social policies appropriate to stimulate growth, establish national strategies which place the MDGs at the centre of their policies, and promote democracy and human rights, paying special attention to the implementation of the new World Programme for Human Rights Education, and follow the principles of good governance;
  4. Encourages the parliaments of the developing countries to defend the interests of their people in WTO negotiations and to strengthen their mutual cooperation;
  5. Urges the governments of the developed and developing countries to provide annual reports on the application and implementation of these strategies to their parliaments;
  6. Suggests that such reports should give rise to a parliamentary debate at the national, and if possible, regional level;
  7. Suggests that provisions should be made for the same kind of approach, involving a strategy and a report, at the regional level;
  8. Urges donor countries, in particular members of the Organisation for Economic Co-operation and Development (OECD), to draw up reports on the implementation of Goal 8 of the MDGs (develop a global partnership for development), specifying the action they have taken to achieve such objectives both quantitatively and qualitatively;
  9. Calls for efforts to enhance the effectiveness of aid at the international and regional levels, through better harmonisation of procedures and improved donor coordination; 10.Urges donor countries to pursue collaboration with United Nations organisations, international financial institutions, other donor countries, NGOs and the private sector; 11.Underscores the unbearable nature of the debt for a large number of developing countries; and calls urgently for effective debt cancellation and viable rescheduling procedures to be speeded up while measures are taken to avoid new over-indebtedness among developing countries; 12.Suggests that a vital link be established between debt cancellation and the earmarking of resources thus freed up for investments related to the MDGs, in particular in the fields of health, education and gender equality, as set out in each country’s Poverty Reduction Strategy; 13.Recommends the study of other mechanisms to help countries that have serious debt crises, but that have too high a per capita income to qualify for the assistance afforded to the heavily indebted poor countries (HIPCs); 14.Expresses the wish that the needs of the developing countries be systematically taken into consideration in international trade negotiations under way in the framework of the WTO, in particular in respect of poverty alleviation, food security and sustainable income;

  15.Emphasises the central role of parliaments as the incarnation of popular sovereignty in expressing the will of peoples in international forums; 16.Recommends the establishment by IPU Member Parliaments of specialised committees to follow up on international trade negotiations and on the actions of the international financial institutions, and to provide oversight of government action; 17.Requests governments to inform their parliaments fully of the state of relevant international negotiations and the stakes involved; 18.Requests the IPU, working with the WTO, to help strengthen the capacities of parliaments in this field; 19.Suggests that governments include parliamentarians in the delegations that they send to take part in WTO ministerial meetings; 20.Welcomes the adoption at United Nations Headquarters of the Declaration on Action against Hunger and Poverty by 120 countries on 20 September 2004, aimed in particular at supporting the establishment of new international financing tools for the MDGs; 21.Recommends that a new resource should be set up, additional to existing mechanisms, and that it should be at the same time predictable and stable; 22.Supports further work on proposals for international financing mechanisms as a creative and at the same time realistic way of providing additional resources for development; 23.Requests that the Second World Conference of Speaker of Parliaments, to be held at the United Nations in 2005, follow up on this matter.

                            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,

1. Calls upon parliaments and governments to ensure that their laws, policies and practices respect human rights in the context of HIV/AIDS, in particular the rights to education, work, privacy, protection and access to care, treatment and social services; and also calls upon them to protect people living with HIV/AIDS from all forms of discrimination in both the public and the private sectors, promote gender equality, ensure privacy and confidentiality in research involving human subjects, and provide for speedy and effective judicial, administrative and civil remedies in the event that the rights of people living with HIV/AIDS are violated;
2. Reminds States of the commitments they have made to promote and encourage respect for human rights instruments such as the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocols, the Convention on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Racial Discrimination, and the Declaration on Fundamental Rights and Principles at Work of the International Labour Organization; and requests States that have not yet done so to take the necessary steps to ratify and implement these international instruments;
3. Invites States that have not already done so to include in their national reports on the MDGs the objective of stopping by 2015 the spread of HIV/AIDS and of beginning to reverse the development of this pandemic; further invites parliaments to sponsor the official launch of these reports from their premises; and encourages the periodic establishment of national and regional reports taking stock of the degree of achievement of the MDGs, in particular in the field of the fight against HIV/AIDS;
4. Urges governments in the developed countries both to continue and to increase the financial and technical assistance that they provide to developing countries and especially the least developed countries, and to share their expertise in addressing HIV/AIDS with those countries that seek to create or strengthen their own human rights institutions in the context of HIV/AIDS;
5. Further urges governments to allocate sufficient resources to their health systems, including resources for prevention and care;
6. Strongly urges governments to implement the measures recommended in the UNAIDS/WHO document Guidance on ethics and equitable access to HIV treatment and care to promote equity in the distribution of HIV care in resource-limited settings;
7. Further urges parliaments and governments to adopt and finance the measures necessary to ensure, on a sustained basis and for all affected persons (irrespective of social status, legal situation, gender, age or sexual orientation), the availability and accessibility of good quality services and information for HIV/AIDS prevention, management, treatment, care and support, including the provision of HIV/AIDS prevention supplies such as male and female condoms, safe injection needles, microbicides and basic preventive care materials, as well as affordable antiretroviral drugs and other safe and effective medicines in poor countries, psychological support, diagnostics and related technologies, for all persons, with particular attention to vulnerable individuals and populations such as women and children;
8. Also urges parliaments and governments to implement measures to increase the capacity of women and adolescent girls to protect themselves from the risk of HIV infection, principally through the provision of health care and health services, including those related to sexual and reproductive health;

9. Invites parliaments and governments to adopt the measures necessary to continue, intensify, combine, make mutually beneficial and harmonise national and multinational research and development efforts aimed at developing new treatments for the fight against HIV/AIDS, new means of prevention and new diagnostic tools and tests, including vaccines and female-controlled prevention methods such as microbicides; 10.Calls upon parliaments and governments to recognise the health, socio- economic and other effects of HIV/AIDS on individuals, families, societies and nations, and to take the appropriate legislative and executive social measures to halt its spread; 11.Calls upon governments to make services related to treatment, care and support for people living with HIV/AIDS comprehensive, by including the prevention and treatment of other infectious diseases often associated with HIV/AIDS, such as pneumonia, tuberculosis and opportunistic infections; 12.Urges all parliaments and governments to adopt and implement policies that respect the human rights of persons living with HIV/AIDS, and through all available media, to advocate for and raise awareness of their rights; 13.Calls upon parliaments and governments to develop and implement national legislation and policies that address the needs and human rights of the growing number of children orphaned and made vulnerable by the HIV/AIDS pandemic; 14.Calls upon parliaments: (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; 15.Further calls upon parliamentarians in the IPU’s Member Parliaments to promote appropriate legislative measures to tackle discrimination against persons affected by HIV/AIDS and to contribute to the creation of a social environment of tolerance and human solidarity, indispensable for the prevention of this terrible disease and for assisting those affected by it; 16.Also calls upon parliaments, governments and the international community to ensure free access to HIV testing for all; 17.Calls upon parliaments to promote an effective and efficient use of resources for HIV/AIDS response, including by means of country-level coordination that takes into consideration the UNAIDS “Three Ones” guiding principles for national authorities and their partners; 18.Urges parliaments to create parliamentary committees and/or other structures formally linked to parliaments with the specific task of tackling the issue of halting and reversing the spread of HIV/AIDS, to share experiences, information and best practices and to involve all sectors of society through partnership programmes in high-level decision-making processes; 19.Calls upon organisations, agencies, bodies, funds and programmes within the United Nations system to incorporate public health into their development activities and programmes, and to support actively the capacity-building of the public health systems of Member States in respect of the prevention and treatment of HIV/AIDS; 20.Urges parliaments and governments to take into consideration the linkage between sexual and reproductive health and rights on the one hand, and the fight against HIV/AIDS on the other; 21.Further urges parliaments to develop comprehensive policies to provide for an improved food supply in countries affected by the HIV/AIDS pandemic; 22.Calls upon parliaments and governments to ensure the development and accelerated implementation of national strategies for women’s empowerment, inter alia by ensuring they have access to property rights, by promoting and protecting women’s full enjoyment of all human rights and by reducing their vulnerability to HIV/AIDS through the elimination of all forms of discrimination, as well as all forms of violence against women and girls, including harmful traditional and customary practices, abuse, rape and other forms of sexual violence; 23.Strongly urges governments to coordinate efforts with and support the work of the United Nations, non-governmental organisations and other bodies or institutions involved in HIV/AIDS prevention in order to ensure that the human rights of individuals living with HIV/AIDS are upheld and protected; 24.Calls on all parliaments and governments to strengthen national mechanisms such as commissions, tribunals, legislation and coordinated strategies to protect, enforce and monitor, in their respective countries, the human rights of individuals infected with and affected by HIV/AIDS, and to eliminate all forms of stigma and discrimination, especially in respect of vulnerable groups such as women and children – both boys and girls – as they bear the brunt of the epidemic and are most likely to care for sick people and to lose jobs, family members, income and schooling opportunities as a result of the illness, and to pay equal attention to other vulnerable groups, such as prisoners; 25.Urges parliaments and governments to design HIV/AIDS policies and programmes that effectively recognise the needs of women in particular, and that are sensitive to differences in terms of culture and religion that may exist in societies; 26.Further urges parliaments and governments to consider the public health safeguards provided for by the 30 August 2003 decision of the General Council of the WTO allowing members to produce and/or export pharmaceutical products needed to combat infectious diseases such as HIV/AIDS that threaten societies, and to incorporate permitted flexibilities into national laws enacted in compliance with the WTO TRIPS Agreement; 27.Calls upon parliaments and governments to ban compulsory HIV/AIDS screening for people applying for travel visas, university enrolment, jobs, or asylum, in favour of voluntary testing; 28.Further calls for special attention to be given to preventing HIV/AIDS by disseminating adequate and target group-oriented information, using all available media and multipliers, raising awareness and educating both men and women, with particular attention paid to adolescent boys and girls; and requests the inclusion of sex education in school curricula, for both boys and girls, as a means of prevention; 29.Urges the national and local agencies concerned to give high priority to assisting pregnant and breastfeeding women suffering from HIV/AIDS in order to protect their babies from infection; 30.Requests parliaments and governments to establish coordinated, participatory, transparent and accountable national policies and programmes for HIV/AIDS response, and to translate these national policies into action at the district and local levels, wherever possible involving, in development and implementation, non- governmental and community-based organisations, religious organisations, the private sector, and more importantly, people living with HIV/AIDS, and particularly the most vulnerable among them, including women and children; 31.Calls upon men and women parliamentarians to ensure that national budgets are gender-sensitive, thereby efficiently addressing the needs of both men and women; 32.Calls for the enhancement of support and resources for UNAIDS, and for increased financial contributions for the Global Fund to Fight AIDS, Tuberculosis and Malaria; 33.Urges parliaments and governments to promote international cooperation, growth and development as steps towards the containment of conflict situations and the reduction of their possible impact on HIV/AIDS; 34.Urges States, in conformity with United Nations Security Council resolution 1325 (2000) on women, peace and security, to ensure adequate HIV/AIDS awareness training for members of the military and the police, and for peacekeeping personnel; 35.Reiterates its call to governments to recognise the International Partnership against AIDS in Africa and to promote it, along with the Global Fund to Fight AIDS, Tuberculosis and Malaria, as the framework for action to fight AIDS in Africa; 36.Affirms the importance of narrowing the economic and cultural gap between the developed and developing countries, while ensuring that the strategies and programmes employed in the fight against HIV/AIDS take into consideration the natural, human and cultural characteristics of the regions where they are applied, so as to reflect both the characteristics of the demographic structure of each region and the social and economic conditions of its inhabitants; 37.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.

10. The Speaker and the Chairperson:

    Report of the Parliamentary Oversight Authority on the Facilities for Members of the National Assembly and Permanent Delegates to the National Council of Provinces (generally referred to as L.19):

Scan in attached document