TUESDAY, 12 SEPTEMBER 2006 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

                                ____

The Council met at 14:05.

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.

                             NO MOTIONS

The CHAIRPERSON OF THE NCOP: Hon members, I have been informed that the Whippery had agreed that there will be no notices of motion or motions without notice today. We will therefore proceed with the questions as printed on the Order Paper.

                        WELCOMING OF VISITORS

The CHAIRPERSON OF THE NCOP: Before we proceed, hon members, I wish to announce that we have visitors on the gallery. They are members from different states on the continent. We have an important workshop here that deals with the transformation of the PAP from a consultative body and advisory body into a legislative body, so that we can legislate over continental issues, like defence, for instance, or correctional services. [Laughter.] I remember you from your days in Sport and Recreation. We have the Deputy Speaker of Mozambique and an MP from the Egyptian Parliament. We have the hon Mr Masanga from Congo-Brazzaville and we have the Deputy Clerk of the PAP and his staff. [Applause.] They want to come and observe proceedings in the Chamber. They will not be long, because they have to go back to their workshop. Welcome also to all the Ministers who are here today.

QUESTIONS FOR ORAL REPLY

                         PEACE AND SECURITY
                              Cluster 1

MINISTERS:

    Transporting of detainees and prisoners by SA Police Service

1. Kgoshi M L Mokoena asked the Minister of Safety and Security:

   (1) Whether the SA Police Service will continue transporting sentenced and awaiting-trial detainees or prisoners between courts and prisons; if so, for how long;

   (2) whether he will make a statement on the matter? C82E

The DEPUTY MINISTER OF SAFETY AND SECURITY: Chairperson, the answer to Question 34 is: yes, the SA Police Service is responsible for the transportation of all awaiting trial detainees between court and prison, as well as the transportation of a prisoner from court to prison after being sentenced. This will continue as long as the need arises.

An answer to the second part of the question is: no.

Kgoshi M L MOKOENA: Chairperson, arising from the Deputy Minister’s ``progressive’’ response, my follow-up question to that second part of the reply is: why? Is the department indemnified if something happened while they are transporting these inmates who belong to the Department of Correctional Services?

The DEPUTY MINISTER OF SAFETY AND SECURITY: Chairperson, may I indicate that the reason for us continuing in transporting prisoners or inmates or awaiting-trial detainees - as we refer to them nowadays -is that South Africa has an integrated justice system. That is the first issue, which is very important. Also, we need to bear in mind that the people who are competent enough and have the necessary facilities to ensure the safety of inmates is the police because they are responsible for the security of everybody in this country, including those who have already been sentenced. We will continue to do this as part of our responsibility to ensure that in that process they cannot escape. You are quite aware that most of the time we even provide back-up police where we escort dangerous criminals in our country because we have the capacity and the competence in doing that. So, may I say to the hon member that we will indeed continue to protect innocent citizens of South Africa and ensure that those who have already been sentenced and are a threat to society are properly secured and taken care of so that they don’t tend to be a danger to any environment and community. Thank you, Chairperson.

Ms J F TERBLANCHE: Chairperson, I would just like to ask: the Minister made reference to the escapees. Does she have any figure of how many trial- awaiting prisoners or detainees have escaped this year? Are there any new safety precautions to curb these incidents occurring, and if so, what are those heightened security measures?

The CHAIRPERSON OF THE NCOP: Order! Ms Terblanche, that’s a new question altogether. That is not a follow-up question. But normally I do allow Ministers to answer, if they are ready to answer such questions. I don’t want to cause a precedent. I am inviting follow-up questions, and not new questions.

The DEPUTY MINISTER OF SAFETY AND SECURITY: Thank you Chairperson. Hon member, I cannot give you statistics on the numbers you are looking for because indeed that is the details that one would not have off the cuff. However, on the issue of escapees, as I have indicated, we have an integrated justice system. We, together with Correctional Services, make sure and take precautions in ensuring that for any individual who is arrested there are proper security measures in place and making sure that they are not able to escape. That is part of our function - the co- ordination between us as SAPS, Correctional Services together with the courts. We always liaise in ensuring that any individual who goes to court is safe. Also, I indicated to this House that currently, because of the close cohesion and working together of the various departments, we have seen successful reduction in the number of escapees, whether be at the courts or at correctional centres. We are prepared to put in resources to improve on the capacity of security within these areas. Also during transit to either the courts or correctional centres we make sure that we don’t have any escapees.

But one needs to take it further to say our justice system is becoming more efficient and effective. Currently, even those who manage to escape, we bring them to book within a very short space of time. So, it’s a reflection on how best we are improving on policing and on co-ordination.

What is key is the role of communities in making sure that we are able to work together and apprehend individuals who want to run away from the law. So, the participation and partnerships with community have yielded lots of results in this particular area. Kgoshi M L MOKOENA: Chairperson, arising from the well-thought response by my dynamic Deputy Minister, I want to find out because those inmates, after being sentenced, are now the property of the Department of Correctional Services. In case something happens, is the Department of Safety and Security indemnified?

The DEPUTY MINISTER OF SAFETY AND SECURITY: Thank you, Chair. To hon Kgoshi Mokoena, may I indicate that even when members are in transit or sentenced, they are supposed to be the property of Correctional Services. But the responsibility for providing security lies with the police. On that basis, and on the basis of the regulation and the convention, we are indemnified to transport and in making sure that if anything happens we are not liable. Let’s assume that there are escapees. We will not be held liable. We are indemnified because it’s in the process of providing security but also of fulfilling our duties and responsibilities as the SA Police Service.

               Counselling offered to police officers

1. Mr A J L Moseki asked the Minister of Safety and Security:

   Whether counselling is offered to police officers because of the demanding and stressful kind of work they are doing; if not, why not; if so, what are the relevant details? C83E

The DEPUTY MINISTER OF SAFETY AND SECURITY: Thank you, hon Chair. The answer to Question 35 is yes, the SA Police Service has a well-established employee assistance service in terms of which counselling and other support services are offered to our members. The employee assistance service of the SA Police Service comprises psychology services, social work services and spiritual services, and all these people are also professionally trained in trauma debriefing. Thank you.

Mr A L MOSEKI: Ke a leboha, Modulasetulo. Ke ne ke lakatsa ho lekola feela le Motlatsi wa Letona hore … [Thank you, Chairperson. I would just like to check with the Deputy Minister …]

… are the police using this service as effectively as expected?

The DEPUTY MINISTER OF SAFETY AND SECURITY: Thank you, hon Chair. I would like to say to the hon Moseki that our members are indeed encouraged to utilise this service at all times. May I also indicate that this service is not available to members only, but is also available to their families.

There are challenges faced by our members at various times. Therefore we also look at how best we can improve the services rendered to our members, and also at making sure that they do utilise this service to the fullest. So far we are satisfied that our members are utilising this service effectively. We are also working with other private institutions to make sure that they are provided with this kind of service at all times and to the satisfaction of our members.

Ms J F TERBLANCHE: Thank you, Chairperson. With reference to the debriefing sessions that are available, isn’t it possible that members of the service can have compulsory training beforehand - before they go into these stressful situations - to assist them with coping? I ask this specifically with reference to the number of police suicides this past year in my province, the North West.

The DEPUTY MINISTER OF SAFETY AND SECURITY: Thank you, Chair. May I indicate to the hon member that the issue of suicides committed by our members is not a problem faced by our members only, but a general problem that we face as a country. Therefore it requires all of us to come together to find the other factors that are contributing to the increase in suicides committed in our country. In terms of our members I must also indicate that there are socioeconomic challenges that our members are facing, like all members of our society.

I think you are quite aware that recently in your province – you said you were from the North West – we have just had a tragedy in that one of the community members and a political leader wiped out his family.

So this is not just a challenge facing the police but a challenge that needs all of us in South Africa to see what the challenges and difficulties faced by our various communities are in a way that we can assist - as a country, as a society and also in terms of legislators and representatives of the people - in what would be the best way, in terms of the social and economic challenges faced by our various communities in distress at different times.

Nk N F MAZIBUKO: Sihlalo, ngithanda ukubuza kwiPhini likaNqgongqoshe ukuthi ngabe lingakwazi yini ukusinika inani lamaphoyisa akwaziyo ukuthi angene kulolu hlelo ngokwamaphesenti, nokuthi, ngokobulili, mangaki amaphoyisa aya kulo lolu hlelo? Ngifuna nokubuza ukuthi impumelelo yakhona iba njani, unyaka nonyaka? Ngiyabonga.

IPHINI LIKANGQONGQOSHE WEZOKUPHEPHA NOKUVIKELEKA: Sihlalo, ngiyabonga kwilungu lale Ndlu. Engingakusho ukuthi anginawo amanani nangokwamaphesenti acacisa ukuthi mangaki amaphoyisa angena kulolu hlelo. Nangokobulili, nakhona kuzoba nzima ukuthi ngikucacisele amanani akhona. Kodwa engingakuphawula kule Ndlu ukuthi maningi kakhulu amaphoyisa alungenelayo uhlelo lwethu oluhlose ukuwasiza uma ehlangana nezinkinga.

Ngifuna ukuphawula futhi ukuthi bese ngikucacisile ukuthi ziningi izinkinga abantu bakithi abahlangabezana nazo. Ohlelweni lwethu, okunye esikubhekayo yizo izinkinga esibona ukuthi zihlupha amalungu ethu emaphoyiseni. Sesize safaka uhlelo lokuthi nezingxaki zezimali sizame ukubasiza ngazo ngoba siyazi phela ukuthi uma ubaba wekhaya engakwazi ukunakekela umndeni ngendlela efanele, lokho kudala izilingo ezenza kube nezinkinga eziningi phakathi kwekhaya. Yingakho lolu hlelo lungasebenzeli kuphela amalungu ethu kodwa lusebenzela nemindeni yawo. (Translation of isiZulu paragraphs follows.)

[Mrs F MAZIBUKO: Chairperson, I would like to ask the Deputy Minister whether he could provide us with the figures in percentage of the police who are already part of this programme, and according to gender, how many police are getting into in this programme? I also want to ask how successful this programme is year by year. Thank you.

The DEPUTY MINISTER FOR SAFETY AND SECURITY: Chairperson, I thank the hon member of this House. What I can say is that I do not have the figures in percentage which clarify how many police are engaged in this programme. And according to gender, it will be difficult for me to clarify the available figures. However, what I can say in this House is that there are many members of the police force who are in this programme of which its objective is to help them if they have problems. I just want to say that I have already clarified that there are many problems that our people encounter. In our programme, what we also look at is the very problems we believe are a hindrance to our members in the police force. We have even implemented a system of helping them financially, so that we try to help them because we know that if a father figure at home is unable to take care of his family properly, that creates problems within a household. That is why this programme does not work for our members only but it also works for their families.]

Ms H LAMOELA: Thank you, hon Chair. My question to the hon Deputy Minister is whether the counselling continues in extreme cases after members leave the service to ensure peace in the family home and to prevent separation or divorce. Thank you, hon Chair.

The DEPUTY MINISTER OF SAFETY AND SECURITY: Thank you, hon Chair. Hon member, even if members do leave the service, these kinds of services or facilities continue to be provided to former or ex-members of the SAPS. We continue to provide this kind of support to them, together with their families. This is because we believe that at some point they were our members and that we have a responsibility and an obligation to ensure that at all times their health, their wellbeing, is taken care of. So, even if they leave our service, we continue to provide these kinds of service.

Arrangements to ensure proper co-ordination between investigators and
                             prosecutors

1. Mr N J Mack asked the Minister of Safety and Security:

 Whether there are any special arrangements between his department and
 the Department for Justice and Constitutional Development to ensure
 proper co-ordination between investigators and prosecutors; if not,
 what is the position in this regard; if so, what are the relevant
 details?                                      C84E

The DEPUTY MINISTER OF SAFETY AND SECURITY: Yes, investigators and prosecutors do have direct communication mechanisms, which facilitates proper co-ordination between the two departments.

Investigators also consult with prosecutors prior to commencement of such cases, and an additional mechanism that is in place is the existence of court liaison officers who serve as co-ordinators between prosecutors and investigating officers pertaining to cases on court rolls. The prosecutors further communicate in writing to the relevant investigators.

Members of SA Police Service paying allegiance to one political party

1. Mr Z C Ntuli asked the Minister of Safety and Security:

 (1)    Whether he has found that the SA Police Service has some members
      who pay allegiance to one political party rather than serving the
      whole community indiscriminately; if so,




 (2)    whether the SAPS will take any action against those members; if
      not, why not; if so, what are the relevant details?
                                                    C85E

The DEPUTY MINISTER OF SAFETY AND SECURITY: The reply to question 1(a) is no, question 2, it’s not applicable.

Ms B L MATLHOAHELA: I just want to say to the hon Deputy Minister that I really gave her an honour by addressing her by the slip of the tongue as the hon Deputy President; maybe it’s a prophesy for the future. Thank you.

And my question, hon Chair, follows up on question 37: Are the government high official’s requests or orders executed with bias towards communities or members in communities? If so, why? If not, what assurance is there, that it does not happen? Thank you.

The DEPUTY MINISTER OF SAFETY AND SECURITY: May I take this opportunity, Chair, to say to the hon Member, to my knowledge there is no service rendered by our members to any members of, or citizens of this country in a biased way.

I think that arises from our own Constitution which allows freedom of association, but I think what is key is that every individual in this country, whilst they have the right to associate but also, they’ve got to respect their areas of duty and be able to execute their duties in an even- handed way. So, whether an individual belongs to political parties within our service, that’s irrelevant to us.

The key issue is that, as soon as they come to us and they’ve got to execute their duties, they must do that in a way that is prescribed and described by the requirement of their duties. So, political affiliation of our members is irrelevant, as long as they are able to execute their functions accordingly and fairly.

Ake ngibuze lapha kusekela lika Nqgonqgoshe ukuthi ngabe okuvuka empendulweni yakhe ukuthi ubulunga bakho eqemjini kwezopolotiki akabalulekile kangako. Ngabe kuyenzeka yini ukuthi umuntu uma ejoyina umbutho lona wamaphoyisa azichaze kwifomu aligcwalisayo ukithi ungowaliphi iqembu uma ngabe kwenzeka kuyaye kwenziwe njani ke kulokhu ukuze kugwemeke ukuthi angakusebenzisi ngiyabonga.

IPHINI LIKANGQONGQOSHE WEZOKUPHEPHA NOKUVIKELEKA: Ngiyabonga Sihlalo kwilungu lale Ndlu ubaba uMzizi ngingacacisa nje baba Mzizi, uma abantu abahlukahlukene becela umsebenzi lapha esiphoyiseni akukho lapho okushoyo khona ukuba abazicacise ukuba bangamalunga ayiphi inhlangano ngoba lokho akubalulekile kithina akuyona futhi into esiyibeke phambili ukuba sazi ukuba bangamalunga ayiphi inhlangano, esikubheke kakhulu ukuba ngabe lomsebenzi abawucelayo kithina bazowenza ngendlela efanele ngalokho imigomo nemiqathango esiyibekile kwimithetho yethu yiyo okumele ibe umkhomba ndlela ukuba bangalungela na ukuba babe amaphoyisa kulesi sizwe sethu. (Translation of isiZulu paragraphs follows.)

[May I ask from the Deputy Minister, arising from your answer, either is to say that political membership is not important? Does it happen when the person completing the application forms to join the SAPS states the party he belongs to, if it does happen what do you do to avoid the candidate to use partisanship.

The DEPUTY MINISTER OF SAFETY AND SECURITY: Thank you Chairperson, to the hon member of this House Mr Mzizi, I can simply explain that if different people apply for jobs in the SAPS there is nowhere, where it says they have to state their political party because that is not important to us and it is not what we regard as the priority to know which party they belong to. Our concern is only if they will be able to efficiently perform the duty we are requesting from them. As a result the terms or the conditions we stipulated in our Act are the ones to be the guidelines to tell whether they are fit to be the police in our nation or not.

Dr F J VAN HEERDEN: As a follow-up question, if the Deputy Minister could tell us, she indicated that it’s not required for applicants to indicate their political affiliations.

If it’s not required, do some of the candidates who apply, do they indeed indicate their political affiliations or is it stated clearly that they should not indicate their political affiliations when they apply for occupation in the SAPD or security service. Thank you, Chairperson.

The DEPUTY MINISTER OF SAFETY AND SECURITY: May I indicate that the political affiliation of any individual is irrelevant. I must stress that it is irrelevant to us. Because the SA Police Service is not running a political party nor intends to contest any political office in this country, it’s not relevant for us.

The requirements which are clearly stated for any individual who wants to be a police officer, as long as that individual would meet those requirements, that’s the criteria we will use in making sure that our recruitment becomes a success.

However, I must indicate as I have said before that the question of political affiliation, we cannot tamper nor interfere with that because our Constitution allows freedom of association. So, who are we in the police to gag what is in the Constitution, which is the supreme law of this country?

As long as those individuals are not going to join the SA Police Service in pursuance of their political affiliation or their political association… So, may I say to the Member, it’s irrelevant where you belong. To us you must meet the criteria and the requirements, which is required in terms of the law or in terms of our own regulations as the SA Police Service.

The CHAIRPERSON OF THE NCOP: We now come to Question 38 but before we do so, I must announce to the members that I have received a request from the hon Minister of Defence to respond to question 49 after question 39, because of other urgent matters that he has got to attend to. I have agreed to that request.

Members of SA National Defence Force charged with serious crimes in African states.

1. Kgoshi M L Mokoena asked the Minister of Defence:

   (1) How many members of the SA National Defence Force that are deployed in some African states have been charged for committing serious crimes in those countries;

   (2) whether the SANDF has taken any action against those members; if not, why not; if so, what action? C87E

The MINISTER OF DEFENCE: The answer to this question is that two members of the SANDF deployed in peacekeeping missions abroad have been arrested and found guilty of crimes. One was a case of murder and another was a case of culpable homicide. With regard to action taken against these members, the courts passed their sentences. The SANDF then discharged them with ignominy. They were found to be no longer fit to serve in the National Defence Force.

The HOUSE CHAIRPERSON (Mrs M N Oliphant): Are there any follow-up questions, hon Mokoena? Since there is no follow-up question, we will move to question 39.

Role of SA National Defence Force in crime prevention strategy cluster for 2010 Soccer World Cup

1. Mr A J L Moseki asked the Minister of Defence:

   Whether the SA National Defence Force will form part of the crime prevention strategy cluster for the coming 2010 Soccer World Cup tournament; if not, what is the position in this regard; if so, how does the SANDF fit into this whole programme? C89E

The MINISTER OF DEFENCE: Chairperson, the SANDF acts in support of the SA Police Service as a general rule because that is the secondary function of the SANDF. With regard to the 2010 World Cup Tournament, the National Defence Force will constitute part of the national joint agencies planning the security of the tournament. Whether members of the SANDF are directly involved in day-to-day activities or not, they will be on stand-by to intervene when they are called upon to provide such necessary support by the SA Police Service.

Mr D A WORTH: Thank you, Chairperson. It is well known that the border patrols have been taken over by the SAPS because it was felt that this was the job of the SA Police Service and not of the SANDF. Likewise commandos have been done away with. Is this not what the Minister is stating, even if it is only for a month during the World Cup. Is this not a contradiction in terms?

The MINISTER OF DEFENCE: Chairperson, it is not a contradiction in terms. The Constitution of this country prescribes that there shall only be one policing agency in this country. We inherited a situation where under the old order both the police force and the armed forces were used to perform policing functions and all of us know that as a consequence of that, very many civilians lost their lives. Members of the armed forces are not trained to arrest and to deal with civilians. They are trained to kill enemies of the people of South Africa. Today we find ourselves constrained by the Constitution to systematically withdraw members of the armed forces from civilian functions of policing the population and restrict their activities to guarantee the national security and the integrity of the country and guard the borders, as well as to support diplomatic work by way of assisting in the stabilisation of conflict areas in the continent and around the world. This is a process of transformation and of making sure that the armed forces of our country conform to a democratic state, as opposed to a dictatorial one. Thank you.

Audit of equipment used by commandos, and transferral thereof to SA Police Service

1. Mr A Watson asked the Minister of Defence:

 Whether, with reference to the reply of the Minister of Safety and
 Security to Question 7 on 12 April 2005, the SA National Defence Force
 has conducted an audit of the equipment used by the commandos and has
 transferred this equipment to the SA Police Service; if not, why not;
 if so, what are the relevant details regarding the equipment that has
 been transferred? C244E

The MINISTER OF DEFENCE: Chairperson, with regard to the issue of the relationship between the commandos and the police, we have been withdrawing, as well as our own equipment, where the SAPS indicate interest in facilities or equipment of the SANDF that was previously used by the commandos. Where there are specific requests or such needs are indicated, we are willing to support and therefore we pass such equipment or facilities to the SAPS. That is an ongoing process as I speak here.

Ms J F TERBLANCHE: What progress has been made in filling the rural safety vacuum that has been created since the commandos were disbanded?

The MINISTER OF DEFENCE: We have not as yet withdrawn the commandos entirely from the areas they were policing and supporting. At the present time we are still partially in charge of certain parts of the country. Nevertheless, there are areas where the SAPS have indicated to us that they would like us to withdraw in those areas. In the process of doing that, they have asked us to release some of the people that were in the commandos. They have sought to recruit those people to replenish their own personnel by retraining them, re-equipping them and taking them on. Other people that formed part of the commandos were part-time members, for example, farmers. Those people could not be taken on full-time and do police service work. That is the relationship that we are now busy working on at the present time in order to achieve this programme.

Ms J F TERBLANCHE: I hear, Minister, that people are being retrained to assist. Why then is it that the rate of farm killings is still so high, especially if people are being sent there to go and assist?

The MINISTER OF DEFENCE: Chairperson, the causes of murders are multiple. I would not be in a position to explain. The Department of Safety and Security busies it with both identifying the causes and rooting and sorting them out. They would be best placed to deal with this issue. When people say, as the hon member does: Why is the rate of murders so high? Well, so high as what? It is a relative thing. Whilst all of us agree that the levels of crime are higher than is desirable in any event, crime is not desirable under any circumstances. If we could eradicate it completely, we would not even allow one murder to happen. At the present time the country is faced with huge levels of unemployment. There are large numbers of people crossing our borders to come and look for work here. Many of these people have grown up in situations of conflict in Mozambique, in Zimbabwe, in Angola and so on. Many of these people have no other way of income. They have grown up under conditions where force is the only way by which to survive. This is apart from dealing with other problems that are localised. This has got nothing to do with the commandos. It has to do with the general regional history of Southern Africa. We are in a transition period coming out of a very dangerous situation of liberation wars and so on, which has got its own excesses. The old armed forces of apartheid murdered so many people, traumatised communities and left with a legacy where we are trying to cure and render, once again, more sociable and rehabilitate people. These are the difficulties we are faced with, as the Deputy Minister of Safety and Security just talked about. We have to have multiple strategies to attack the psyche of people and make them understand that there are other ways of solving problems, than using force and murder and so on.

Kgoshi M L MOKOENA: Chairperson, arising from this honest and fair reply from my hon Minister, some alarmists warned the country that the discontinuation of the commando service will cause some cacophonous hullabaloo in the country. Is that happening, Minister, because to some of us, we thought maybe they were realists, only to discover that they were just alarmists? Can it be confirmed?

The MINISTER OF DEFENCE: Chairperson, as a matter of fact, it is quite disturbing that members of our society and communities are worried that commandos and sections of commandos had been drawn into the police service. Young men and women who were in the commando – it was mostly young men – were not there on a full-time basis. They were not paid. When we draw the younger ones with potential and retrain them within the SAPS, we actually make them full-time police personnel who get paid salaries. They are now in a position to devote more time, more energy with proper training to discharge the function of policing. This is a better arrangement than to have people who come and do this job and get a piece of bread or some pittance as allowance. These are now trained police personnel who come from the same communities that they are policing. Their loyalty to the security of the community that they serve is better than when we didn’t use them on a full-time basis. It is a matter that requires a little bit of patience and all will enjoy the fruits of the transformation that we are doing, in due course.

Rev P MOATSHE: Chairperson, I am not sure whether it is another question. There is a rumour in the media that there is a convergence of people who would love to overthrow this lovely government of ours. Are there really such forces and some South Africans who think like that?

The MINISTER OF DEFENCE: I missed something of the part of the question. Could you clarify it and repeat it?

Rev P MOATSHE: Well, if I have to repeat it then. There is a rumour in the media that there is a convergence of people who would love to overthrow this democratic government that has liberated the minds of so many people. Other minds are not yet liberated. Some are still living in the dreamland, where they think that things can be reversed and return to the past? Are these rumours for real? Our system surely should be able to detect, if these rumours are for real.

The MINISTER OF DEFENCE: Chairperson, I think it is appropriate just to assure members that this country is more secure than it has been at any time under the old order. There are a few isolated mavericks, such as the ones who stole some equipment that was used by a small group of right- wingers to use as explosives on the railways lines near Soweto and so on. There is nothing, absolutely nothing that can be regarded as a threat to national democracy today. South Africans, black and white, in the biggest majorities are now comfortable and committed to maintain the situation as it is in this country and actually improve it. In the armed forces, as well, there are very few isolated elements of this nature and you do find some of them. They are not quite right in their minds when you catch them. These are people that are not so well. In general, everybody else is okay. [Laughter.]

    Plans to close salary gap between magistrates and prosecutors

1. Mr S Shiceka asked the Minister for Justice and Constitutional Development:

   Whether her department is planning to close the salary gap between magistrates and prosecutors; if not, why not; if so, when? C90E

The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chair, this matter was dealt with at length in the joint report of the Select Committee on Security and Constitutional Affairs and the Portfolio Committee on Justice when dealing with the hearings on the implications and approval of the proposed new salary scales for magistrates, in particular the introduction of a new motor vehicle allowance for magistrates, as recommended by the Independent Commission for the Remuneration of Public Office Bearers.

However, due to an intervention, the National Assembly was recently stopped from considering the said report. The report still has to be considered by both Houses of Parliament.

Despite this report not yet having served in this House, I will just make a few remarks. There are attempts being made to create a more equitable salary dispensation between magistrates and prosecutors to avoid the numerous problems being experienced because of the highly fragmented and unequal salary dispensation within the justice family.

The Department for the Public Service and Administration is leading a departmental task team, together with National Treasury and the Department of Justice and Constitutional Development, to look into this matter. As soon as this process has been completed, we will report on the matter.

The hon member, however, must be aware that the salaries of magistrates are no longer determined by the executive, but by the Independent Commission for the Remuneration of Office Bearers. The department only makes an input into the process. However, when we look at our own staff needs, we take into account the processes for the determination of the salaries of magistrates. Thank you.

   Measures to deal with unbecoming behaviour by some magistrates

1. Mr S Shiceka asked the Minister for Justice and Constitutional Development:

   Whether her department has put any measures in place to deal with the unbecoming behaviour by some magistrates; if not, why not; if so, what measures? C91E

The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: As the hon member knows, the judiciary is a separate branch of government, is independent and, as the executive, we cannot directly take disciplinary action against a magistrate, as one would do with civil servants. That is the reason for referring disciplinary matters involving magistrates to the Magistrates Commission, as it is the body responsible for disciplinary matters of all magistrates.

I would like to inform the hon member that there is a disciplinary procedure for magistrates in place within the Magistrates Commission to deal with unbecoming behaviour by magistrates. All magistrates who are involved in incidences requiring disciplinary action are reported to the Magistrates Commission for action and decision. After the investigation by the Magistrates Commission of an incident and where found guilty, the Magistrates Commission will sanction the magistrate having regard to the transgression in question.

In more serious or impeachment cases in which the Magistrates Commission recommends the removal of a magistrate, it is not unusual for the magistrate to be removed from office after Parliament has voted with the requisite majority on the matter. Following certain procedures by the Magistrates Commission, a magistrate may also be suspended by Parliament pending the outcome of a disciplinary hearing. So, we should not get mixed up between judges and magistrates. For magistrates there is a full disciplinary procedure in place. For judges there is not, and that is one of the issues that, as you know, is being publicly debated.

Mr S SHICEKA: Thank you very much, Chair. Well, I must say that on the issue of judges I have been addressed, but I come back to the issue of magistrates. Could you say, Minister, in your view that these measures taken by the Magistrates Commission are acting as a deterrent to unbecoming behaviour, or is the situation continuing as normal without showing any improvement? Thank you very much.

The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Um, whew … [Laughter.] I better be careful and choose my words carefully. I do think the first thing we must acknowledge is that there is a system in place to deal with the issues. Then we must look at whether that system is working efficiently and correctly; and, I think, in some respects yes and in other respects no. Hon member Kgoshi Mokoena will tell you that we‘ve removed quite a few magistrates through the commission and through Parliament that were involved in terrible things: having sex with a young girl on the front seat of a car and getting caught; a magistrate was involved in an armed robbery the other day; a magistrate was involved with murder, and so on. So, there are a group of magistrates whose activities are clearly very unbecoming, and they are being dealt with and removed from the system. The problem I have is that it takes very long, and often the procedures followed were incorrect and we have had to refer the matters back.

I remember there was a magistrate Zulu who was removed three years ago. By the time the matter arrived here, we felt that the wrong procedures were followed. So they had to reinstate him and pay him three years’ salary. I think that in some instances we have problems with the implementation, and I personally am not all that happy with the quality and the speed with which it is done at times.

When we are dealing with the whole procedure in terms of discipline for judges, one of the issues we are raising there is that a similar procedure that we will create for judges must then also be provided for magistrates. Hopefully, in that way, we can try to make the system work better, because there, for example, the head of the disciplinary process will be a full- time retired magistrate. At the moment the problem is that we are getting different magistrates dealing with the matters. There is no uniformity, there is no consistency and, therefore, I think at times I am not very happy with the processes. However, we have a system in place and it is working, but not always as well as it should.

Mr M A MZIZI: Thank you, Chairperson. Thank you, Deputy Minister; we actually follow what you are saying, but when we talk of unbecoming behaviour, there are measures in place. I know that there was a move to have grievance forms that could be completed by even an ordinary layman if there was unbecoming behaviour of the presiding officer. How far are we with that, and how effective are those grievances forms? Do they result in disciplinary hearings?

The MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: I really can’t answer you. I imagine those grievance procedures you’re talking about are an initiative of the Magistrates Commission. I have not been made aware of that yet. So, I’m not aware of any such process. It may very well be that that process has already been done, but I just do not have the information readily available.

Adequacy of number of magistrates’ courts in Western Cape metropolitan area

1. Mr N J Mack asked the Minister for Justice and Constitutional Development:

   Whether the current number of magistrate courts within the Western Cape metropolitan area is enough to serve all the people of Cape Town; if not, what is the position in this regard; if so, what are the relevant details? C92E

The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Within the present outdated and archaic norms and procedures followed with the establishment of our courts, I can at the very least say that the courts in the Western Cape are adequately resourced, according to national standards.

The issue of the sufficiency of the number of courts or otherwise requires considerate care. There are a number of factors that require consideration in this regard. This includes the efficiency and productivity with which the courts themselves function and dispense justice.

As the hon member next to me will know, there are a number of departments that are involved in the dispensing of justice in courts including the SAPS and the NPA. Furthermore, you will know that finalising a case depends on the availability of witnesses, completed investigations by the police, availability of prosecutors and magistrates and a host of other matters.

There has never been a full study done in this country relating to the efficiency and the productivity of our courts. We have observed in the work that we have done in the department that magistrate courts generally do not run for an optimal period every day. This applies throughout the country. There are a number of reasons for this which I do not want to go into here.

However, the most common is the unavailability of witnesses. So, when we talk about matters like backlogs, it is important to be aware of these numerous challenges so that we spend time looking for the correct solutions and not just any solution. The number of courts is only one such factor in the equation. It cannot be correct without having address all these issues that we start talking about whether there are enough courts in any given area or not.

The initial question should rather be whether we are using courts that exist efficiently and productively. Our approach in the department is to do an assessment of the various aspects of the functioning and productivity of the courts so that we can determine those factors that contribute to inefficiencies and then correct them.

It is within this context that we should asses if the number of courts is efficient or not. Within the present resource envelope available for courts services, I am satisfied that this province is one of the best-resourced provinces as far as courts are concerned. However, as resources become available, we shall keep improving our courts infrastructure throughout the country. Thank you.

Mr N J MACK: Thank you, House Chair. Sometimes you would be at a particular court and it would look as if there are a lot of cases at the specific court, whilst at another court it looks as if there are only a few cases. What I would like to know is whether this has been taken into account and what are the possibilities? Can cases be moved to another court if there is less cases on that role for a specific week or day as to alleviate congestion maybe? Thank you.

The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: That is a court management issue and it is obviously what we encourage but sometimes you do find that there are turf battles; people don’t want to move cases because it is their case as if they own it and so on. But I do think that what we are trying to do is that - this is I think one of the biggest problems we have in our system, no just in court, generally in this country

• and that is proper management system and of approaches, whether it is in our hospitals, whether it is in our courts. As you said, you find that in one court, there are huge court roles and just next door, somehow, it was maybe in a township and they had a court in the township away from the white areas and they may not have any cases, or vice versa. For some reason people that live close together should be able to use the same resources but for some reason none of them think or if they do think don’t do anything about it. They don’t move the cases to make sure it works more speedily. It is a question really of proper case management.

What we are doing is, as we are trying to rationalise the high courts which is the process we are busy with it now and which has lot of coverage and so on, obviously our next step is to then once that is it done, to then rationalise and deal with the lower courts and then we have to find all the mechanisms to deal with those issues properly. You sometimes find it is either just through ignorance or lack of knowledge or just because people are fighting about their turf that they don’t deal with things more efficiently and move into different courts and so on.

I have even found in some courts in Gauteng where there are lots of courts in the city, like Johannesburg, that sometimes you find magistrates who finish work at 11h00. They say: No, no, no, I am finished with my work and I am not prepared to work or take other cases on the roll and no one can tell me to do so. I am independent. These are my cases, I have dealt with them.

So, we have those kinds of problems. I don’t want to generalise and say it is a general problem. I am saying there are such isolated issues, but the issue of administration of our courts generally as I say just like others, is a problem that we are working on and we have to improve that.

However, you see again, those decisions have to be judiciary and we have to be very careful that we don’t intrude on that area of their independence where the allocation of cases and how cases are dealt with is the preserve of the judiciary. It really has to be an interaction on how we get a good administrative system without us interfering with their independence that we need to find.

Rev P MOATSHE: Chairperson. I don’t know whether we are winning insofar as the quality of cases taken by the police officers is concerned, but sometimes the quality is not so good and does not sustain the case accordingly. I want to know as to whether we are working towards that so that they come up with better statements?

The other thing I want to ask deals with missing case files. Somebody just make that file to be missing and that is the end of that case, because somebody is collaborating with somebody who has committed an offence. What are we doing in our justice system in as far as that is concerned?

The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Well, obviously we can give you details on another occasion on these issues. I do think that overall, the quality has improved but it is difficult to generalise about it because the quality of a person’s work depends on the skills and capacity of that person. You may find in one police station that policemen have good skills and capacity and it works well there, but you may find that in the next police station it is not like that. Just like schools, you find some schools work well, others don’t; hospitals and so on. So, it is difficult to generalise, but I do think that the police have done a whole lot of stuff and maybe you should ask the Minister of Safety and Security that question.

About their training, the detective school created training for detectives. I think that all of that helped and it has improved to some extent. Regarding the issue of lost files, I think we are finding a solution and we are busy implementing it and that is to put all our files on an electronic system. At the moment, most things in Justice work on a manual system. That is one of our biggest problems. However, we now have a system called Jadas and the E- scheduler. In fact, your committee should actually ask the department to come and give inputs on this because it is really an excellent input they give. We have already started rolling it out to some courts, where we are now capturing your docket plus all the annexures to the docket onto the computer. Once we have done that, they can take the docket, they can steal the docket but it doesn’t matter. We can reproduce the docket in seconds so that the days of dockets being lost and those cases not being followed-up are over, once we have implemented this Jadas and E-scheduler. So, that issue is going to be much easier to solve because you can solve it through technology.

The issue of the quality and the capacity of the staff, that is a longer process and that takes training and training and retraining and that will take a long time for us.

Another problem, of course is that, after training people and when they become good particularly in the Justice system, all the Ministers will tell you, within a period of time they get taken and get employed somewhere else. So, it is a continuing process that you have just to repeat over and over again.

Kgoshi M L MOKOENA: Thanks, Chair. Arising from the Deputy Minister’s accurate response to the initial question, in trying to address the congestion, or the shortage of courts in the Western Cape for example, to be specific, in the metro, as outlined by my colleague, hon Mack, can’t we reconsider the mobile courts to try and alleviate this challenges?

The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Sorry, what courts?

Kgoshi M L MOKOENA: Mobile courts.

The DEPUTY MINISTER FOR JUSTICE AND DEVELOPMENT: Oh, the mobile courts. I think we must consider all possibilities. One of the problems with mobile courts and traffic cases for example, is that some of the magistrates have said that they don’t want to sit on those courts because they feel it doesn’t have the right status and so on and so on. I tend to disagree with that. I think if it is done correctly, then in a vast country like ours, where there is enormous poverty and we can’t build courts everywhere, mobile courts are a possibility. We should use them and of course in using them you should not see them and treat them any differently from other court. When you are in a mobile court you should do all the procedures you do in the court. It is as simple as that. No one is saying that we should take shortcuts. So, I think we must encourage the whole issue of mobile courts, and where people are resisting, we should keep on talking. I think your committee can help a lot with this. I must say I am not going to make a full announcement now, but we are also looking at a very exciting programme on how to deal with backlogs and the department will after it had spoken to the Minister and to our cluster partners on what we want to do about this, we will make the announcement on dealing with backlogs. It is a whole new programme that we thinking of trying and deal with some of the problems we face in backlogs.

                Measures to deal with prison escapes

1. Ms F Nyanda asked the Minister of Correctional Services:

   Whether his department has put any measures in place to deal with escapes from cells or prisons; if not, why not; if so, what measures? C96E

The MINISTER OF CORRECTIONAL SERVICES: Chairperson, we are getting there! We are getting there! [Laughter.] We are! We are getting there! The last escapes we had, we managed to capture those criminals in three days’ time and they are now languishing together with two members who helped them. I fired the two members from the service, of course. The prisoners are in Kokstad and they will come out when I am a little bit older than this. They are doing their time in Kokstad. I probably won’t even remember them by that time when they come out; neither will they probably remember me.

The Department of Correctional Services has to deal with escapes on a daily basis. The curbing of escapes is a critical performance area in this department. In dealing with this problem of escapes, the department is not only concentrating on certain areas of escape, but a holistic approach is followed in order to address all the causes of the escapes. But also, keep in mind, some escape from police cells and some from correctional centres. I am really concentrating on those that escape from correctional centres, because I don’t have the responsibility over police cells or in-transit when they come from court. That is why I am saying we are getting there.

The implementation of the national regional escape prevention strategies, which focus amongst others on the following, special security measures during admission of inmates, any inmate that we take into our centres, we take through those measures; be it Johnny de Lange or Ngconde Balfour, you go through those measures and you are told exactly what is going to happen with you.

They increased access control measures at correctional centres to prevent unauthorised articles from entering the centres. This is where again we are getting to be quite tight so that when you go in any of our correctional centres, you don’t enter with unwanted items. We make sure. We are also going ahead with cutting down on the privileges of inmates, particularly parcels that are brought in from outside. That is going to come to a screeching halt.

These include installation of access control equipments as well and security fences at several correctional facilities with the main focus being to prevent dangerous items such as fire arms, hacksaws, etc from entering correctional facilities. Strong emphasis is placed on the proper identification and searching of all persons entering or leaving any correctional facility. You cannot enter or leave without this. This is mine! I can go into any correctional centre in this country with this and make sure that I know exactly what they are doing. Whether I wake up at 12 o’clock or 2 o’clock in the morning I can enter and I will tell you exactly what they are up to. We are making sure that nothing goes in without us knowing about it.

Increased control and supervision over offenders in units or in sections during the day and night, which includes regular visits by senior officials is to ensure that guarding officials are vigilant at all times. We don’t want guarding officials to be sleeping, that is why the Minister has got this, because he can walk in at any time and take a photo of you and the following day tell you to pack your bags and leave.

Concerning the increased searching of cells, we search our cells all the time and our living units, which include regular surprise searches. Judge Nathan Erasmus, who is the acting inspecting judge, just went on a visit to Malmesbury Prison the other day to search for the double bed and the 74cm flat screen TV set. He didn’t find any of those. The establishment of secure correctional units for the incarceration of high-risk awaiting trial detainees and high-risk offenders - all those who kill police and all those who ambush and do heists - we have particular sections for them, where we keep them individually and make sure that their movements are monitored all the time.

The establishment of communication links with the criminal justice system – what the Deputy Minister was saying here – we’ve got that system now that is going to link all of us together so that if any offender is picked up by the police, we know exactly the right path for that offender to come to us. And if you escape, the police have your file, justice has your file, we have your file and we will nail you.

The number of escapes from all correctional centres decreased with 29 from 108, which is 27% decrease in 2004 to 79 in 2005. 43 offenders escaped from within correctional centres during the period of January - August 2006, this year, which is a 12% reduction compared to the 49 escapes for the same period in 2005. And all of them, those that have escaped, probably are on the run just for a day or two and after that we take them to the maximum facility in Kokstad, which is my best, best facility. If any of you think they can do something and not end up there, think again.

Kgoshi M L MOKOENA: Chairperson, arising from the calculated response by my Minister, are we getting any fruitful outcome by the usage of the CCTV cameras of late?

The MINISTER OF CORRECTIONAL SERVICES: Double trouble. Thank you very much, hon Kgoshi. We are getting quite a number of benefits from there. As I said, we have cut down on the number of escapes and secondly, we are going to expand this closed circuit TV system to look at the cells themselves, because we didn’t have them in the cells before. We’ve got them in the passages, in the entrance, the exit and outside, but now we are extending their use, because we have had some savings. We are extending them to inside the cell so that we know exactly what is happening in each cell of each prisoner. No offender is going to tell us that they have privacy. You break the laws of a country, you take your limitations away and you have no privacy. You will do as we are doing in our correctional centres, end of story.

      Progress in reducing number of child offenders in prisons

1. Ms F Nyanda asked the Minister of Correctional Services:

 Whether any progress has been made by his department in reducing the
 number of child offenders in prisons; if not, why not; if so, what
 progress?
 C102E

The MINISTER OF CORRECTIONAL SERVICES: The department has little control, really, over the number of offenders that are referred to correctional centres either as sentenced offenders or awaiting trial. However, efforts are made to remove children from correctional centres. This is something that we, the justice system together with Social Development have to try and sort out. The department is engaging in collaborative interaction with other role players in the integrated justice system, and has embarked on initiatives to remove children from its facilities.

The existing initiatives include among others Intersectoral Committee on Child Justice. We are working there with Justice and Constitutional Development. They are taking the lead in that one. Social Development leads the National Children’s Bill task team. The referral of children designated to reformatory schools is led by the Department of Education. Conversion of sentences to correctional supervision is led by the Department of Justice and Constitutional Development, because we depend on them and on the magistrates, as the Deputy Minister was saying, to actually divert children away from prisons into these reformatory schools and to other areas, but also for correctional supervision.

One of the problems we sometimes encounter is that when we need an address for the parents and people who are going to look after the children and for the child to go to, parents have the tendency of saying, “keep him there Mr Balfour, we do not want him here.” We need you people, as legislatures to assist us with this. Children who are awaiting trial are continually referred to courts for the reviewing of detention or to finalise their cases. Information is submitted to the Department of Social Development monthly from us so that they can find alternative placement for these children. A name list of children waiting to be transferred to reformatory schools is forwarded to the Department of Education on a monthly basis.

In March 2006 the Department of Correctional Services had 19 children awaiting trial, designation to reform schools and by the end of June 2006 there were only seven children. I was in a courtroom by the way yesterday, listening to a court case of a 15-year who has been caught selling dagga, and I knew immediately that he is going to get some years and we will have to look after him. So these are some of the things that we are busy looking at with these other departments.

At a political level the Deputy Minister Loretta Jacobus of the department, and Deputy Minister Jean Benjamin of Social Development are facilitating discussion with all stakeholders for the expansion of diversion systems and alternative placements such as home based supervision for these children and their release into the custody of their parents or families who sometimes do not want them.

Monthly meetings are held with various stakeholders to discuss strategies for the removal of these children from detention facilities. Statistics reflect that the number of children in custody fluctuates up and down, form April 2006 to May 2006 numbers decreased and between May and June there was a serious increase. It should be mentioned that correctional centres admit offenders and awaiting trial detainees daily.

And as they come in we must ensure that the ends of justice are not defeated by simply releasing children, because some of them have committed serious crimes. Therefore we do not want to be defeating the ends of justice without looking at the safety of the communities, and that of the children as well. Hence an integrated approach with relevant stakeholders with interest in the criminal justice system is quite necessary in dealing with the issue of children in custody.

My department is of the opinion that children do not belong in correctional centres, as the facilities are not conducive to their development. We believe in that and we panic when we see children in these centres, because they do not belong there at all. Their detention exposes them to undue influences. The children belong to environments that can help them learn, grow, and mature as good human beings and as productive citizens. Thank you.

Nk F NYANDA: Ngiyabonga Sihlalo, bengithanda ukubuza kuNqgonqgoshe ukuthi ayikho yini enye indlela engenziwa ukuthi lababantwana bangahlali lapha phakathi emaselini bathathwe babe nendawo yabo bodwa lapha bezohlala khona, ngoba uma belapha phakathi babanabantu abadala bayahlukumezeka futhi bafunda okuningi okungafanele bakwenze futhi bese bephambana inqgondo. Ngiyaboga (Translation of isiZulu paragraph follows.)

[Ms F NYANDA: Thank you Chairperson, I want to ask the Minister whether there is any other means which can be used to remove juveniles from prison cells and be kept in protective custody, because if they stay in prison cells, they get mixed up with adults who abuse them and they also learn all sorts of things which they are not supposed to learn and they get confused. Thank you.]

The MINISTER OF CORRECTIONAL SERVICES: Hon member, it is exactly what we have been saying. For instance, there is a 14-year old whom we have to deal with. She was arrested with her aunt. They had given coffee to his grandma who died after that. The coffee was poisoned. The aunt has managed to get herself bail, but not for the 14-year old girl. We do not have a section for 14-year old children. She was thrown into the women’s section of the East London prison, and we had to deal with that. We agree with you fully hon member that these are some of the issues. And with the justice system that is integrated now I think I have related that to the Deputy Minister. We had to find the way, together with the social workers and everybody else to get this young lady out of the system. However, she will still have to face the courts. There is no way we can try and hide her away from the courts. She will still have to face the courts, but at least not from the prison itself, but from a home where she can then go to court, and then it will be the magistrates and the courts who make decisions on what to do. We are trying our best …

… ukuba bathathwe ke mama, babe neendawo zabo, bangahlali apho ezintolongweni kuba baza kufunda… [To remove them, Madam, so that they can have their own places and not remain in prison because they will learn …]

… all kinds of things when they are in prison. We are trying our best, its not easy. We really depend on the magistrates and judges, and that is if judges see children, they will see them to really try and divert them or give alternative sentencing or let them wait somewhere else, and not in a prison environment.

Mr P A C HENDRICKSE: Chair, and Minister it’s heartening to hear that you are not happy with children being in prison. But again we want to say that no child deserves to be in prison, even for one night. Surely we can now look at secure places where they could go, and we should instruct magistrates, seeing that we have this cluster of magistrates and judges, that children are not to go in prisons and to keep children at the prisons, and work the rehabilitation thing after the sentence, they should work in safe houses and whatever. Thank you.

The MINISTER OF CORRECTIONAL SERVICES: There is something going on here. I must actually emphasise the point that it is because these kids have committed crime. I must admit that, because some of them do commit crimes. Nobody - not even I, the Minister - ever invites anybody to prison. I don’t. I would never stand on a street corner and invite people to come to prison. It is one place that I do not need growth in. I need growth outside of prison not in prison. So, when they are there, it is because they have been arrested for committing crimes. So, we have to be very realistic about that.

However, again all we are saying is, they don’t belong there, they belong somewhere else in places of safety and they need to continue their education so that as the case goes on, the life of that child does not come to an end. He or she can continue with whatever they were doing. Then, once the sentences are given, again sentences in my mind, – and again I am not a magistrate, I’m just a farm boy from Alice in my mind all that can be done is to try and divert them and give them community service.

Yes, there will be cases where they won’t be able to get that because of the seriousness of the crime. However, the more they can be given community service, the more they can be diverted away from the prisons, the better for all of us. We can then work at rehabilitation, not only in prison, but also outside in the communities. Then we need communities to help us, but also to help with talks out there so that children do not commit crime. We do it from the prison side as well as Correctional Services, side. If we do have some rehabilitated inmates, we send them out to give the message out there to say, “doing crime is not the right thing.”

However, we are also encouraging parents and making an appeal to parents. “Surely you cannot go to bed without knowing where your 12-year old or 11- year old and 13-year old is. Surely you can’t”. You have got to say to yourself “I have a responsibility, I brought this child into this world, I have to find out where that child is”. You must make sure that continues, so that it does not become Ngconde’s problem. It cannot be like that. It must be a societal responsibility for all of us. I am making that plea so that even if you visit correctional centres or churches, please make that plea that children ought to be looked after properly. Thank you very much.

Kgoshi M L MOKOENA: Chairperson, I must thank the Minister for the elaborative response. Rising from that, hon Minister, I wonder what we as the people can do to parents who refuse to accept these kids immediately after they are released from these prisons because of the crimes they have committed? I do not know if there are measures that we can apply in order to try and educate these parents to accept them back, because while we doing our oversight we came across many of these kids who said,” Our parents have chased us away from our homes because of the crimes we have committed. ”They went back to prison to say, “No, we feel safe here because they don’t want us at home.”

The MINISTER OF CORRECTIONAL SERVICES: Kgoshi, it is very painful to come across those kind of issues. But I think we need to think with our heads sometimes, and not with our hearts. Sometimes we do make that mistake. I am one of those people who think with my heart when I see some of these children in prison and women who are pregnant or women with children in prison, I think with my heart. Sometimes I think I am going to get into trouble here one day.

Johnny De Lange and Bridget Mabandla are going to have me arrested for saying to these young women and these children: “What are you doing here? Open the doors! Go home!” I am going to get arrested one day for doing that. So we have got to think with our heads and not with our hearts. I think the moral regeneration movement is critical in that it has always preached the values and the responsibilities that we have as parents, not only as leaders of our communities.

We preach that all the time. I know there is a member, -I have made a call last time to members, one member from the NCOP, – and I take my hat off to you. He has been visiting prisons in his area where he lives. And every time he visits, he will phone and report to me that, “Minister I have done this.” And I appreciate that so that I am not the only bloubaadjie here. At least there are other bloubaadjies. I call my self a bloubaadjie because I spend most of my time in prison.

So, the programmes like Heartlines are actually espousing the values that we want to live by in this country. We need to push moral regeneration, other issues and other programmes of education all the time. And we need to be real parents, not only for our children but parents for other children as well.

Umntwana ayingomntwana wam kuphela. Umntwana ngumntwana wethu sonke. [A child does not belong to an individual, but to the whole community.] We need to do everything in our power to say, no when something is wrong. Even at the expense of not being popular. Thank you very much.

South Africa’s role in attempt to establish peace in Somalia; and progress in the creation of a common market in the Southern African region

1. Mr J M Sibiya asked the Minister of Foreign Affairs: (1) Whether South Africa is playing any role in an attempt to bring about peace in Somalia; if not, why not; if so, what (a) role, (b) other role players are there and (c) success has thus far been achieved;

 (2)    whether any progress has been made in the recent Southern
      African Development Community Foreign Minister’s meeting held in
      Maputo to discuss the creation of a common market in the Southern
      African region; if not, why not; if so, what progress?
                                               C217E

The DEPUTY MINISTER OF FOREIGN AFFAIRS (Ms S van der Merwe): Chairperson, may I say how delightful it is for me to be here. We don’t often get the opportunity to address this august House. The response to the question is, yes, indeed, South Africa does support the efforts of the African Union and the Intergovernmental Authority on Development, Igad, in bringing about peace in Somalia. Through our membership of the AU Peace and Security Council, we are part of the collective, which is involved in this peace process.

The successes that the role-players, including the AU and Igad, have achieved thus far include the setting up of the transitional federal government in Somalia and the continued functioning of that government. But many contentious and challenging issues do remain regarding that area. For example, the AU and Igad have made a proposition that peacekeepers ought to be deployed to Somalia. However, the United Islamic Courts, the grouping that took control of Mogadishu earlier this year, have opposed such deployment of foreign forces. So there are a number of difficulties and a great deal of challenges that still face the peace process in Somalia.

In response to the second part of the question, regarding the SADC Council of Ministers, yes, indeed, in 2006 the SADC Council of Ministers meeting discussed the issue of the common market within the context of preparations for the SADC customs union. It will be recalled that the targets adopted by SADC include a free trade area in the region by 2008, customs union by 2010, a common market by 2015 and a monetary union by 2016.

The council, on this occasion, endorsed the formation of a broad-based task force to spearhead the customs union preparations. The task force is made up of Ministers of Finance, Investment and Economic Development, Trade and Industry and the SADC Secretariate. This task force is expected to report to the extraordinary summit in 2007.

I also thought I should add that at the SADC summit in Lesotho, in August, integration, generally, was also the subject of discussion. It was decided there that there would be a special summit in October this year in order to deal with some of the integration issues which are also very closely related to the customs union. Ms J F TERBLANCHE: Thank you very much for the answer. My follow-up is on the second part of the question: How do you propose that we should deal with economic liabilities such as Zimbabwe in this common market? [Interjections.]

The HOUSE CHAIRPERSON (Mrs M N Oliphant): Order, hon members!

The DEPUTY MINISTER OF FOREIGN AFFAIRS (Ms S van der Merwe): Chair, we will obviously be pursuing the issues through all the relevant structures. As I have said, a task force consisting of all the different Ministers will be thrashing out the issues.

We do continue to believe that the deadlines that have been set – with 2008 as the first one – are rather tight deadlines. However, it is our stated objective, as members of the Southern African Development Community, that we will continue to pursue the customs union in order to get a properly integrated and functioning system in our region.

Of course, the SADC region is one of the recognised regions of the African Union as well. It is one of the five regions which form the pillar of the African Union’s regional policy. So it is in our interests to pursue these ideals and to continue to work towards the development of a customs union and the associated benefits for all the countries in the region. I thank you. Motivation for draft interception legislation requiring registration of SIM card and cellphone users

1. Ms M P Themba asked the Minister for Justice and Constitutional Development:

   (1) What is the motivation for the draft interception legislation, which requires the registration of SIM card and cell phone users;

   (2) whether there has been an increase in certain crimes committed since SIM cards have become readily available; if so, (a) what crimes and (b) what are the further relevant details;

   (3) whether the registration and data base of SIM card and cell phone users is expected to assist with the investigation of crimes; if not, why not; if so, (a) what are the relevant details, (b) what is international best practice in this regard and (c) how do some other countries deal with the issue of registration of SIM card and cell phone users;

   (4) (a) what is expected from holders of SIM cards and cell phones which are not currently registered and (b) what are the penalties for non-compliance? C218E

The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Hon Chair, these questions are obviously a bit unusual in so far as the Bill is still being processed in the National Assembly. It is still coming to this House. So, I am dealing with a fluid situation because I don’t know what the outcomes of all those processes will be.

However, as far as I know, there has been huge lobbying by the service providers in Parliament, and they must have reached the NCOP as well. I have endeavoured to answer the question on the basis of what the Bill was when it was introduced, and not what it may become. But, in the process, I have had to give a rather lengthy answer, of course, because the questions are rather detailed regarding the aspects on which these service providers are also opposing the matter.

The Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill, 2006, was introduced in Parliament in order to amend sections 40 and 62(6) of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002.

As the hon member is aware, the primary purpose of the Act is to regulate the interception of communications in the case of serious crime or in instances where the security of the state is threatened. Such interception can, however, only take place on the authorisation of a judge of the High Court, which is granted on a case-to-case basis.

For such interception to be effective, in the case of cellular phone communications the law-enforcement agencies need to know who the owners of the cellular phones and SIM cards are, particularly in the case of prepaid users, in respect of whom the cellular phone operators currently hold no information.

For this purpose, sections 40 and 62(6) of the Act require sellers of cellular phones and SIM cards to obtain and keep the personal particulars of persons who buy or own cellular phones and SIM cards which are used on their telecommunication systems. The information required includes names, identity numbers and addresses.

Section 40 regulates this registration process in respect of cellular phones and SIM cards which are sold after the legislation comes into operation, while section 62(6) regulates this registration process in respect of persons who own cellular phones and SIM cards when the legislation comes into operation, giving existing owners a specific period within which to ensure that their particulars are registered. The amendments to these provisions emanate from a request of the cellular phone operators and, in essence, allow for the electronic capturing of the information rather than the paper-based process, which the provisions of the current Bill require.

The answer to 2(a) and 2(b) is that I would propose that the questions should really be addressed to the Minister of Safety and Security, because these have something to do with investigation procedures. However, I must tell you that, from my own experience and particularly from passing this legislation, it is common knowledge now that most of the organised crime in this country is done through cellular phones and particularly prepaid phones. With a prepaid phone that you just pick up, you don’t have any identity and nobody knows who you are. You can throw it away. You can use it to commit a crime and leave.

A lot of bank robberies that take place today are facilitated by bank folks who live and work there. You withdraw your R5 000; they just SMS their friends and tell them that, “It’s the one with a red shirt.” and when you come out, you get robbed. That is all done through cellphones. At the moment, your vast majority of crime, particularly organised crime, is done through your cellular networks. When we passed the legislation originally, we were given inputs on those matters.

As to question 3(a), again, most of this question should be addressed to the Minister of Safety and Security. However, I can venture to state that the capturing of the information of a cellular phone and SIM-card user will assist the law-enforcement agencies in the investigation of crimes, to the extent that they will be able to trace the owners of the phones and SIM cards which are used in the commission or planning of serious crimes. As already mentioned, this is of specific importance in the case of prepaid users whose particulars are not captured or available at the moment.

The answer to question 3(b) is that it is not possible to furnish information in respect of international best practices since different countries have adopted different measures suited to their particular circumstances in order to facilitate the interception of communications.

As to question 3(c), countries such as Switzerland, Singapore, Norway, the Slovak Republic, India, Thailand, Italy, Japan, Hungary, Germany, Malaysia, Australia and Brunei Darussalam are among the countries that have taken steps to ensure the registration of the particulars of cellular phone users, and in particular those of prepaid users.

The reason why prepaid services need to be regulated is because the users thereof, unlike contract users of cellular services whose particulars are kept by the cellular operators for billing purposes, are anonymous. In order to register prepaid users, these countries have required cellular operators to implement a process to ensure that their customers are registered within a certain period of time. The registration process, in general, entails that the user of a SIM card must submit an appropriate nationally recognised identification document to the operator, against which the user’s identity can be verified.

In some countries cellular operators are required to keep copies of the identification documents of their customers. The particulars of the users are captured and stored by the operators in their storage facilities. Law- enforcement agencies have access to these storage facilities in accordance with the laws of these countries. Registration is enforced in some countries by means of deactivation of a person’s service if he or she does not register within the required period determined for registration.

The answer to question 4(a) is that, since the draft legislation is still in the parliamentary process and subject to change, it is not possible to say at this stage what is expected of SIM card and cellphone owners whose particulars are not registered. However, the Bill, as introduced into Parliament, envisages that owners of cellphones and SIM cards, when the legislation is implemented, will, within a period of 12 months, be required to have their particulars registered at registration points by agents of the mobile cellular operators. Their cellular phone and SIM card numbers will be captured, as well as their full names; identity numbers; and residential, business and postal addresses, where applicable. These personal particulars will be verified in a certain way.

As to 4(b), non-compliance is not criminalised. However, if a person does not submit the required details to an operator within the 12-month period, his or her cellular service will be terminated. An operator which allows service to a customer - after the 12-month period - whose particulars are not registered, is subject to criminal sanctions. I am sorry about that, but the questions required a detailed response. I thank you.

The HOUSE CHAIRPERSON (Mrs M N Oliphant): Hon members, I just want to remind you that you must indicate whether you will be part of the Peoples’ Assembly or not. In fact, that is the programme of Parliament and therefore members are requested to submit those forms that were given to them by the end of today, and they should contact their provincial Whips.

See also QUESTIONS AND REPLIES.

The Council adjourned at 15:43. _____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                     THURSDAY, 7 SEPTEMBER 2006 ANNOUNCEMENTS:

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

 1) 2010 FIFA World Cup South Africa Special Measures Bill [B 13B –
    2006] - Act No 11 of 2006 (assented to and signed by President on 1
    September 2006).


 2) Second 2010 FIFA World Cup South Africa Special Measures Bill [B
    16B – 2006] – Act No 12 of 2006 (assented to and signed by
    President on 1 September 2006).

1. Introduction of Bills

 (1)    The Minister of Trade and Industry


      a) Measurement Units and Measurement Standards Bill [B 21 – 2006]
         (National Assembly – proposed sec 75) [Explanatory summary of
         Bill and prior notice of its introduction published in
         Government Gazette No 29170 of 31 August 2006.]


         Introduction and referral to the Portfolio Committee on Trade
         and Industry of the National Assembly, as well as referral to
         the Joint Tagging Mechanism (JTM) for classification in terms
         of Joint Rule 160.
         In terms of Joint Rule 154 written views on the classification
         of the Bill may be submitted to the JTM within three
         parliamentary working days.


 2) The Minister of Communications


      a) Postal Services Amendment Bill [B 22 – 2006] (National
         Assembly – proposed sec 75) [Explanatory summary of Bill and
         prior notice of its introduction published in Government
         Gazette No 29164 of 25 August 2006.]


         Introduction and referral to the Portfolio Committee on
         Communications of  the National Assembly, as well as referral
         to the Joint Tagging Mechanism (JTM) for classification in
         terms of Joint Rule 160.


         In terms of Joint Rule 154 written views on the classification
         of the Bill may be submitted to the JTM within three
         parliamentary working days.

TABLINGS:

National Assembly and National Council of Provinces

1. The Minister of Arts and Culture

   a) Report and Financial Statements of the Afrikaans Language Museum for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006.

   b) Report and Financial Statements of the Northern Flagship Institution for 2005-2006, including the Report of the Auditor- General on the Financial Statements for 2005-2006 [RP 142-2006].

   c) Report and Financial Statements of the National Heritage Council for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006.

2. The Minister of Communications

   a) Report and Financial Statements of the Sentech Limited for 2005- 2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006.

3. The Minister of Education

   a) Report and Financial Statements of the Department of Education for 2005-2006, including the Report of the Auditor-General on the Financial Statements of Vote 15 – Department of Education for 2005- 2006.

4. The Minister of Trade and Industry

   a) Report and Financial Statements of the Competition Commission for 2005-2006, including the Report of the Auditor-General on the Financial Statements for 2005-2006 [RP 101-2006].

COMMITTEE REPORTS: National Council of Provinces

1. Report of the Select Committee on Finance on the Convention between the Republic of South Africa and the Kingdom of Spain for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital, dated 6 September 2006:

   The Select Committee on Finance, having considered the request for approval by Parliament of the Convention between the Republic of South Africa and the Kingdom of Spain for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Convention.

Report to considered.

1. Report of the Select Committee on Finance on the Agreement between the Government of the Republic of South Africa and the Government of the United Republic of Tanzania for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, dated 6 September 2006:

   The Select Committee on Finance, having considered the request for approval by Parliament of the Agreement between the Government of the Republic of South Africa and the Government of the United Republic of Tanzania for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Agreement. Report to be considered.

2. Report of the Select Committee on Economic and Foreign Affairs on the Report and Financial Statements of Mineral Technology (Mintek) for 2004- 2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 58-2005], dated 6 September 2006:

   The Select Committee on Economic and Foreign Affairs, having considered the Report and Financial Statements of Mineral Technology (Mintek) for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 58-2005], referred to it, reports that it has concluded its deliberations thereon.

                   FRIDAY, 8 SEPTEMBER 2006
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Education


  On request of the Minister the following Bill was introduced by the
    Select Committee on Education and Recreation in the National
    Council of Provinces:


      a) Further Education and Training Colleges Bill [B 23 – 2006]
         (National Council of Provinces – proposed sec 76) [Explanatory
         summary of Bill and prior notice of its introduction published
         in Government Gazette No 29189 of 4 September 2006.]


    Introduction and referral to the Select Committee on Education and
    Recreation of the National Council of Provinces, as well as
    referral to the Joint Tagging Mechanism (JTM) for classification in
    terms of Joint Rule 160.


    In terms of Joint Rule 154 written views on the classification of
    the Bill may be submitted to the JTM within three parliamentary
    working days.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Defence

 a) Report and Financial Statements of Vote 21 – Department of Defence
    for 2005-2006, including the Report of the Auditor-General on the
    Financial Statements of Vote 21 for 2005-2006 [RP 163-2006].

1. The Minister of Communications a) Report and Financial Statements of the South African Broadcasting Corporation Limited (SABC) for 2005-2006, including the Report of the Independent Auditors on the Financial Statements for 2005-2006.

2. The Minister of Labour

 a) Report and Financial Statements of the Compensation Fund for 2005-
    2006, including the Report of the Auditor-General on the Financial
    Statements for 2005-2006.


 b) Report and Financial Statements of the Food and Beverages
    Manufacturing Sector Education and Training Authority (FoodBev-
    Seta) for 2005-2006, including the Report of the Auditor-General on
    the Financial Statements for 2005-2006 [RP 75-2006].

1. The Minister of Trade and Industry

 a) Report and Financial Statements of the Competition Tribunal for
    2005-2006, including the Report of the Auditor-General on the
    Financial Statements for 2005-2006 [RP 134-2006].


 b) Report and Financial Statements of the South African National
    Accreditation System (SANAS) for 2005-2006, including the Report of
    the Independent Auditors on the Financial Statements for 2005-2006.


 c) Report and Financial Statements of the South African Quality
    Institute for 2005-2006, including the Report of the Independent
    Auditors on the Financial Statements for 2005-2006.
 d) Report and Financial Statements of the Export Credit Insurance
    Corporation of South Africa for 2005-2006, including the Report of
    the Independent Auditors on the Financial Statements for 2005-2006.

National Council of Provinces

1. The Chairperson

   The President of the Republic submitted the following letter dated 28 August 2006 to the Chairperson of the National Council of Provinces informing Members of the Council of the employment of the South African National Defence Force in The Kingdom of Lesotho:

     EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN THE
   KINGDOM OF LESOTHO FOR SERVICE IN FULFILLMENT OF THE INTERNATIONAL
   OBLIGATIONS OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE KINGDOM OF
   LESOTHO
   

   This serves to inform the National Council of Provinces that I have authorised the employment of the South African National Defence Force (SANDF) personnel to the Kingdom of Lesotho, in fulfillment of the international obligations of the Republic of South Africa towards the Kingdom of Lesotho, to provide helicopter transport to the SADC Heads of State and Government during the SADC Heads of State and Government Summit to be held in Lesotho as from 17 to 18 August 2006. The Government of Lesotho requested South Africa to provide SANDF helicopter to transport Heads of State and Government to and from the Lesotho Highlands Water Project Area (Mohale Dam) on 17 August 2006. This employment was authorised in accordance with the provisions of section 201(2)(c) of the Constitution of the Republic of South Africa, 1996, read with section 93 of the Defence Act, 2002 (Act No 42 of 2002).

 A total of six members of the SANDF are employed on 17 August 2006. The
 total estimated cost to be borne by SANDF is R 153 000.

 I will communicate this report to members of the National Assembly and
 wish to request that you bring the contents hereof to the attention of
 the National Council of Provinces.

 Regards,


 signed
 P G MLAMBO-NGCUKA
 ACTING PRESIDENT


                      MONDAY, 11 SEPTEMBER 2006

TABLINGS:

National Assembly and National Council of Provinces

1. The Minister of Finance

 (a)    Annual Economic Report of the South African Reserve Bank for
    2006.
 (b)    Government Notice No 811 published in Government Gazette No
    29101 dated 7 August 2006: Dimension of, design for, and
    compilation of the year 2006 R2 silver crown and R2 gold coins, in
    terms of South African Reserve Bank Act, 1989 (Act No 90 of 1989).


 (c)    Proclamation No R.31 published in Government Gazette No 29072
    dated 28 July 2006: Commencement of section 44(1), in terms of the
    Revenue Laws Amendment Act, 2005 (Act No 31 of 2005).


 (d)    Government Notice No 1010 published in Government Gazette No
    29050 dated 28 July 2006: Listing and Classification of Public
    Entities 1. Listing 1.1 Agriseta: Schedule 3A National Public
    Entity 2. Delisting 2.1 Primary Agricultural Education and Training
    Authority (PAETA) as a Schedule 3A National Public Entity 2.2
    Secondary Agricultural Sector Education and Training Authority
    (SETSA) as a Schedule 3A National Public Entity, in terms of the
    Public Finance Management Act, 1999 (Act No 1 of 1999).


 (e)    Government Notice No 1011 published in Government Gazette No
    29050 dated 28 July 2006: Listing and Classification of Public
    Entities 1. Listing 1.1 Independent Regulatory Board for Auditors:
    Schedule 3A National Public Entity, in terms of the Public Finance
    Management Act, 1999 (Act No 1 of 1999).


 (f)    Government Notice No 768 published in Government Gazette No
    29078 dated 4 August 2006: Amendment of Regulation 3 of the
    Development Bank of Southern Africa in terms of section 17(h) of
    the Development Bank of Southern Africa Act, 1997 (Act No 13 of
    1997).

1. The Minister in The Presidency (a) Report and Financial Statements of the International Marketing Council (IMC) for 2005-2006, including the Report of the Auditor- General on the Financial Statements for 2005-2006 [RP 127-2006].

2. The Minister of Arts and Culture

 a) Report and Financial Statements of the Natal Museum for 2005-2006,
    including the Report of the Auditor-General on the Financial
    Statements for 2005-2006.


                     TUESDAY, 12 SEPTEMBER 2006

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Health


     (a)     Tobacco Products Control Amendment Bill [B 24 – 2006]
          (National Assembly – proposed sec 75) [Explanatory summary of
          Bill and prior notice of its introduction published in
          Government Gazette No 29182 of 1 September 2006.]


     (b)     South African Red Cross Society and Legal Protection of
          Certain Emblems Bill [B 25 – 2006] (National Assembly –
          proposed sec 75) [Explanatory summary of Bill and prior
          notice of its introduction published in Government Gazette No
          28106 of 14 October 2005.]


    Introduction and referral to the Portfolio Committee on Health of
    the   National Assembly, as well as referral to the Joint Tagging
    Mechanism (JTM) for classification in terms of Joint Rule 160.


    In terms of Joint Rule 154 written views on the classification of
    the Bill may be submitted to the JTM within three parliamentary
    working days.

 (2)    The Minister of Home Affairs


      a) Civil Union Bill [B 26 – 2006] (National Assembly – proposed
         sec 75) [Explanatory summary of Bill and prior notice of its
         introduction published in Government Gazette No 29169 of 31
         August 2006.]


         Introduction and referral to the Joint Tagging Mechanism (JTM)
         for classification in terms of Joint Rule 160.


         In terms of Joint Rule 154 written views on the classification
         of the Bill may be submitted to the JTM within three
         parliamentary working days.

TABLINGS National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Resolutions of the 114th International Parliamentary Union
    Assembly.

    THE NEED FOR URGENT FOOD RELIEF IN ORDER TO COMBAT DROUGHT-INDUCED
    FAMINE AND POVERTY IN AFRICA, FOR THE WORLD'S MOST INDUSTRIALIZED
    NATIONS TO SPEED UP AID TO THE CONTINENT AND FOR PARTICULAR EFFORTS
    TO BE MADE TO REACH DESPERATE AND POOR POPULATIONS


    Resolution adopted unanimously by the 114th Assembly
    (Nairobi, 12 May 2006)


    The 114th Assembly of the Inter-Parliamentary Union,


    Deeply concerned that intensive  natural  and  human  activity  has
    continued to upset the environmental balance  and  thus  erode  the
    global environmental capital,


    Noting that  the  negative  effects  of  globalization,  population
    growth and the exponential increase in demand for natural resources
    driven by consumerism pose far-reaching dangers to the ecosystem,


    Further noting that Africa in particular is  faced  with  the  real
    challenge of high levels of poverty and environmental  degradation,
    which  compound  the  effects   of   floods,   soil   erosion   and
    desertification, and  that  the  consequent  destruction  of  water
    catchment areas results in unreliable water supplies for  domestic,
    industrial and agricultural purposes,


    Aware that urgent food relief is needed  in  order  to  combat  the
    drought-induced famine and poverty now  pervading  large  areas  of
    Africa,


    Further aware that Africa needs sustainable development  strategies
    to combat famine and poverty rather than  relying  on  food  relief
    every time natural disasters and calamities occur, and recalling in
    this regard the Millennium Development Goals, which aim inter  alia
    to achieve a massive  reduction in poverty,


    Conscious of the need for a multisectoral approach  to  sustainable
    development that encompasses not only sustainable  food  production
    but also good governance, respect for human rights, eradication  of
    corruption, development of infrastructure and provision  of  access
    to communities, and security for the population,


    Recalling that the right to food is  a  basic  human  right  and  a
    binding obligation that is well established under international law
    and recognized in the Universal Declaration on  Human  Rights,  the
    International Covenant on Economic, Social and Cultural Rights  and
    a plethora of other instruments,


    Recognizing that women in Africa play a key role, especially in the
    agricultural sector,  and  that  their  empowerment  can  therefore
    contribute significantly to improving food security,
    Aware that the heavy external debts owed  by  most  African  States
    constitute a major hindrance to development and that  debt  relief,
    where provided, has released substantial  additional  resources  to
    support food security and other programmes, such as  education  and
    health, in many countries in Africa,


    Noting that the world's most industrialized countries  are  capable
    of speeding up aid to the continent for the  immediate  purpose  of
    famine relief, and recalling the numerous commitments made by these
    countries in, inter alia, the Monterrey Consensus,  the  Millennium
    Development Goals and the New York Declaration  on  Action  against
    Hunger and Poverty,


    Recalling the numerous previous resolutions adopted by  the  Inter-
    Parliamentary Union on the  many  issues  relevant  to  famine  and
    poverty, in particular the resolution on the right to food  adopted
    at the 96th IPU Conference in Beijing in 1996,


    1. Makes a pressing appeal for increased supplies of emergency  food
       assistance to be made available to  drought-affected  nations  in
       Africa, and calls on governments collectively to meet the targets
       contained in the repeated appeals from international agencies, in
       particular the World Food Programme, for such assistance;


    2. Urges the governments concerned to take every appropriate measure
       to facilitate  access  to  the  affected  areas  for  the  speedy
       delivery of food supplies and to provide security;



    3. Calls on all parties to ensure that food  relief  programmes  are
       not used for political ends and that food is distributed to those
       in need without political interference;


    4. Recommends that parliaments in the affected countries monitor the
       delivery of food relief programmes, and invites them to report on
       their findings to the Inter-Parliamentary Union;

    5. Calls on the governments of the countries concerned to make every
       effort  to  implement  the  Millennium  Development   Goals,   in
       particular those relating to the reduction of  poverty,  and,  to
       this end, to pursue sustainable development strategies;

    6. Affirms that  such  medium-  and  long-term  strategies  must  be
       comprehensive and aim to promote good governance and respect  for
       human  rights,  eradication  of  corruption,   sustainable   food
       production, development of infrastructure and provision of access
       to  communities,  and,  most  importantly,   security   for   the
       population;

    7.  Calls  on  all  African  countries  to  develop  policies   that
       facilitate the full and equal participation of women in political
       and economic life, so that they can  contribute  to  and  benefit
       from the development of their countries;

    8. Further calls on African countries to take  measures  to  promote
       and protect the security of land tenure, especially with  respect
       to women  and  poor  and  underprivileged  segments  of  society,
       through legislation and programmes  that  protect  the  full  and
       equal right to own land and other property, including  the  right
       to inherit,  in  accordance  with  the  Voluntary  Guidelines  to
       support the progressive realization of the right to adequate food
       adopted by the United Nations Food and  Agriculture  Organization
       in November 2004;

    9. Further calls on  the  international  community  to  support  all
       efforts to improve access to education  and  vocational  training
       for people in poverty-stricken regions, this  being  one  of  the
       most effective measures of reducing poverty in the long term;

   10.  Further  calls  on  all  governments  to   facilitate   conflict
       resolution in affected areas in order to ensure human security;

   11. Urges governments to encourage people in the  affected  areas  to
       end certain practices that promote hostilities, including  cattle
       rustling;

   12. Appeals to the developed countries  to  respect  the  commitments
       they have made to provide assistance to developing countries  and
       calls on them to  accelerate  implementation  of  the  Millennium
       Development Goals and the New York Declaration on Action  against
       Hunger and Poverty in this regard;

   13. Strongly urges the developed countries substantially to  increase
       their financial assistance, notably through innovative sources of
       financing for development, for the specific purpose of  improving
       agricultural industry  in  affected  countries  with  a  view  to
       boosting food production and thus ensuring food security;

   14. Calls on the developed countries to  extend  and  implement  debt
       cancellation programmes  in  respect  of  all  African  countries
       affected by drought-induced famine;
   15. Invites relevant international and multilateral  institutions  to
       review their policies and programmes to ensure that these do  not
       in  any  way  detract  from  or  undermine  policies  pursued  by
       countries to ensure food security;


   16. Calls on the developed  countries  to  phase  out  all  forms  of
       agricultural  export  subsidies,   to   reduce   trade-distorting
       domestic support to agriculture, and to open their markets to the
       world's poorest countries;

   17. Calls on the United Nations agencies, in  particular  the  United
       Nations Environment Programme (UNEP),  to  increase  funding  and
       other measures to combat worsening environmental  degradation  in
       Africa, in particular in areas affected by drought and famine;

   18. Encourages African  parliaments  to  promote  the  socio-economic
       development of areas affected by drought and  famine,  which  are
       also often marginalized,  through  a  range  of  legislative  and
       budgetary measures, including income-generating measures;

   19. Invites the United  Nations  to  give  rapid  effect  to  General
       Assembly resolution 57/265 on  the  Establishment  of  the  World
       Solidarity Fund (and the eradication of  poverty),  in  order  to
       expedite the provision  of  financial  resources,  and  calls  on
       parliaments to adopt the requisite implementing  legislation  and
       to encourage their respective governments to contribute to  those
       resources so as to  enable  African  countries  to  become  self-
       sufficient and ensure their food security.


    Note: you  can  download  a  complete  electronic  version  of  the
    brochure "Results of the 114th Assembly and related meetings of the
    Inter-Parliamentary Union" in PDF format (file  size  approximately
    503K).


    Referred  to  the  Portfolio  Committee  on  Foreign  Affairs   for
    consideration and report, and to the Portfolio  Committee  on  Land
    and Agricultural Affairs and  Portfolio  Committee  on  Health  for
    consideration.


    THE ROLE OF PARLIAMENTS IN STRENGTHENING CONTROL OF TRAFFICKING  IN
    SMALL ARMS AND LIGHT WEAPONS AND THEIR AMMUNITION


    Resolution adopted by consensus* by the 114th Assembly
    (Nairobi, 12 May 2006)


    The 114th Assembly of the Inter-Parliamentary Union,


    Deeply concerned by the tremendous human suffering, especially  for
    women and children, who are the most vulnerable in armed conflicts,
    associated with the proliferation and  misuse  of  small  arms  and
    light weapons (SALW),


    Stressing that, by definition, SALW include all arms  that  can  be
    used by one person alone and all associated  ammunition,  including
    grenades, rockets, missiles, mortar  shells  and  man-portable  air
    defence systems (MANPADS), and that landmines can be considered  as
    having similar effects,
    Recalling that items such as daggers, machetes, clubs, spears,  and
    bows and arrows are also frequently used  in  armed  conflicts  and
    criminal acts, and that, although they do not fall under  the  SALW
    category, their use may need to be regulated,


    Recalling also that the  definition  of  SALW  should  not  include
    daggers and other items which are not firearms and are not used  to
    cause bodily harm, but as part of the national dress,

    Deeply concerned also by the high political, social  and  financial
    costs incurred when SALW fuel armed conflict, armed criminality and
    terrorism, exacerbate violence, contribute to the  displacement  of
    civilians, undermine respect for  international  humanitarian  law,
    impede the provision of humanitarian assistance to victims of armed
    conflict, and hinder a return to peace and sustainable development,




    Recognizing the threat posed to  civilian  aviation,  peacekeeping,
    crisis  management  and  security  by  the  illicit  transfer   and
    unauthorized access to and use of MANPADS,


    Affirming that combating  the  proliferation  and  misuse  of  SALW
    requires coherent and comprehensive  efforts  by  governmental  and
    other players at the international, regional and national levels,


    Welcoming in this regard the adoption in 2001 of the United Nations
    Programme of Action to Prevent, Combat and  Eradicate  the  Illicit
    Trade in Small Arms and Light Weapons  in  All  Its  Aspects  (SALW
    Programme of Action),


    Recalling the relevant United Nations General Assembly  resolutions
    concerning international arms transfers,


    Welcoming the adoption in  December  2005  by  the  United  Nations
    General Assembly of the International Instrument to  Enable  States
    to Identify and Trace, in a Timely  and  Reliable  Manner,  Illicit
    Small Arms and Light Weapons,


    Also welcoming the entry into force in July 2005  of  the  Protocol
    against the Illicit Manufacturing of and Trafficking  in  Firearms,
    their Parts and Components and Ammunition, supplementing the United
    Nations  Convention  against  Transnational  Organized  Crime  (the
    Firearms Protocol),


    Recalling that the Second Biennial Meeting of  States  to  Consider
    the Implementation of the Programme of Action  to  Prevent,  Combat
    and Eradicate the Illicit Trade in Small Arms and Light Weapons  in
    All Its Aspects was held in New York from 11 to 15 July 2005,


    Pointing to the  existence  of  several  other  SALW  and  firearms
    control instruments at the level of the United Nations, and in  the
    Americas, Europe, sub Saharan Africa and Pacific regions,


    Emphasizing that  these  multilateral  initiatives  must  be  fully
    implemented by their member States and  be  supplemented  with  the
    development of high national standards,


    Underscoring that the active involvement of the  relevant  national
    authorities and of parliaments is essential for  the  effectiveness
    of any measures to combat SALW proliferation,


    1. Urges parliaments to engage actively in efforts to  combat  SALW
        proliferation  and  misuse  as  a  key  component  of  national
        strategies on conflict prevention, peace-building,  sustainable
        development, the protection of human rights, and public  health
        and safety;


    2.  Calls  upon  parliaments  to  encourage  their  governments  to
        reaffirm their commitment to implement the  SALW  Programme  of
        Action and to build on their current commitment to combat  SALW
        proliferation and misuse at the 2006 SALW Programme  of  Action
        Review Conference, while focusing on areas where  obstacles  to
        full implementation of the SALW Programme  of  Action  persist,
        namely: brokering, transfer controls, marking and tracing, end-
        user  certification,  stockpile  management  and   destruction,
        ammunition and capacity-building;


    3. Encourages parliaments to agree to a set  of  global  principles
        for international arms transfers based on  States'  obligations
        under international  law  and  internationally  accepted  human
        rights standards, as a  fundamental  requirement  for  national
        arms transfer controls and to be included as a  key  output  of
        the 2006 Review Conference;


    4. Urges parliaments to encourage  their  governments  to  redouble
        their  efforts  in  this  area  following   the   2006   Review
        Conference, notably by organizing additional biennial  meetings
        in order to develop ideas and recommendations for consideration
        at future international and United  Nations-sponsored  meetings
        and conferences;


    5. Urges parliaments to promote and  ensure  the  adoption  at  the
        national level of the legislation and regulations  required  to
        control SALW effectively  throughout  their  "life  cycle"  and
        actively to combat SALW proliferation and misuse;


    6.  Encourages  parliaments  to  promote  the  development  of   an
        international arms  trade  treaty  to  strictly  regulate  arms
        transfers  on   the   basis   of    State   obligations   under
        international law and internationally accepted norms and  human
        rights standards;


    7. Encourages parliaments to  promote  greater  international  and,
        where appropriate, regional efforts to develop common standards
        to strictly  control  the  activities  of  those  brokering  or
        otherwise facilitating arms transfers between third countries;


    8. Calls upon parliaments to ensure that those who provide SALW  to
        children, or who recruit and use children in conflicts or armed
        operations, are subject to strong legal sanctions;


    9. Urges parliaments to enact legal sanctions at the national level
        for those who commit crimes and atrocities  against  vulnerable
        sections of society such as the elderly,  women  and  children,
        and to adopt measures to prevent such crimes and atrocities;


    10.       Encourages  parliaments  to  ensure  also  that  national
        legislation is matched by the allocation of adequate means  for
        the national authorities, including training and equipment,  to
        ensure the strict enforcement of national controls;


    11.       Urges  parliaments  to   adopt   and   enforce   national
        legislation incorporating the two instruments that provide  the
        most specific guidance regarding States' obligations to prevent
        misuse: the United Nations Code of Conduct for Law  Enforcement
        Officials and the United Nations Basic Principles on the Use of
        Force and Firearms by Law Enforcement Officials;


    12.      Recommends that parliaments work towards the harmonization
        of national  SALW  controls  on  the  basis  of  strict  common
        standards, while ensuring that  national  controls  provide  an
        appropriate response to the national and regional realities  of
        each State;


    13.      Recommends that parliaments exchange with each  other  and
        the IPU information on national legislation on SALW control, in
        order to enhance understanding  of  controls  and  to  identify
        existing   best   practices,   and   establish    international
        parliamentary forums to consider SALW issues;


    14.      Urges parliaments to consider ratifying, if they have  not
        already done so, the multilateral SALW control  treaties  their
        governments have signed, to incorporate their  provisions  into
        domestic legislation in a timely manner and in accordance  with
        the aims of these treaties, and to see to it that they are duly
        implemented;


     15. Calls upon parliaments to ensure that  the  provisions  of  the
         recently adopted International Instrument to Enable  States  to
         Identify and Trace, in a Timely and  Reliable  Manner,  Illicit
         Small Arms  and  Light  Weapons  are  fully  implemented  under
         national legislation, and that ammunition for SALW  is  covered
         by national legislation to trace illicit SALW;


    16.      Urges parliaments to make violations of arms  embargoes  a
        criminal offence under national law; to sanction logistical  or
        financial support for such violations; and,  in  the  event  of
        breaches of arms embargoes,  to  trigger  the  specific  action
        prescribed for each particular embargo;


    17.      Recommends that parliaments develop  and  help  implement,
        where  appropriate  and  together  with  governments,  national
        action plans  on  preventing,  combating  and  eradicating  the
        illicit SALW trade in all its aspects;


    18.      Encourages parliaments, where  necessary,  to  set  up  or
        strengthen procedures enabling them  to  scrutinize  government
        practice and policy on SALW controls,  to  ensure  respect  for
        their countries' international commitments, and to work towards
        the high degree of transparency allowing for such scrutiny;


    19.       Calls  upon  parliaments  to  designate  a  parliamentary
        committee, or to create one at the national level  if  no  such
        body exists, to engage with the government in a regular  debate
        on national SALW policy and control practice;


    20.      Encourages parliaments in this context to promote  regular
        reporting  by  governments  to  national  parliaments  on  SALW
        transfers, in order to allow for  informed  debate  on  whether
        government practices are in conformity with stated  policy  and
        legislation;


    21.      Recommends that parliaments closely monitor the efficiency
        and effectiveness of their governments' fiscal measures related
        to  SALW  policies  and,   where   necessary,   request   their
        governments to  provide  financial  and  technical  support  to
        international SALW research initiatives and funds;


    22.      Invites the  relevant  parliamentary  committees  to  seek
        regular exchanges of views and information with governments  in
        a debate on government policy and action at both  the  national
        and multilateral levels, and to request  their  governments  to
        include parliamentarians in national  delegations  to  regional
        and international meetings  between  States  on  combating  the
        illicit trade in SALW;


    23.      Encourages parliaments in a position to  do  so  to  offer
        assistance to other parliaments requesting such assistance,  so
        as to develop national capacities to engage in  a  dialogue  on
        SALW with governments and scrutinize their policy  and  action,
        and requests that the IPU compile a list of parliaments able to
        provide assistance in this field to interested parliaments;


    24.       Invites  the  IPU,  in  cooperation  with  its   relevant
        partners, to promote capacity-building programmes  that  enable
        parliaments to make effective contributions to  the  prevention
        and combating of SALW proliferation and misuse;


    25.       Recommends  that  parliaments  in  countries  engaged  in
        disarmament, demobilization, reintegration  and  rehabilitation
        (DDRR) programmes encourage their governments to prioritize  in
        such programmes "weapons in exchange for  development"  schemes
        to  provide  community-based  incentives  for   the   voluntary
        surrender of illicitly held SALW;


    26.      Recommends that  parliaments  in  post-conflict  countries
        encourage their governments to ensure that  the  reconstruction
        process  is  promoted  under  an  international  framework  for
        conflict prevention and peace-building;


    27.      Encourages parliaments to support  the  participation  and
        active role of  women  in  DDRR  processes  and  peace-building
        activities, and stresses the   need  to  incorporate  a  gender
        perspective  in  DDRR   and   peace-building   strategies   and
        activities;


    28.      Encourages parliaments to  urge  governments  involved  in
        DDRR programmes to  pay  particular  attention  to  the  unique
        circumstances of child  soldiers  and  the  rehabilitation  and
        reintegration of former child soldiers into civilian  life,  in
        order to prevent such children from resorting to armed crime;


    29.       Encourages  parliaments  to  urge  their  governments  to
        destroy, in public view and wherever possible, all illicit SALW
        that are recovered by the national authorities in  the  context
        of armed conflict and crime, including SALW  recovered  in  the
        context of DDRR programmes, and to dispose of such  SALW  in  a
        safe, environmentally responsible and cost-effective manner;


    30.       Calls  upon  parliaments   to   intensify   international
        cooperation to prevent the illicit international arms trade and
        its links with international organized crime, particularly drug
        trafficking;


    31.      Exhorts the parliaments of countries that produce SALW  to
        develop effective mechanisms  for  regulating  their  sale  and
        distribution,  both  nationally   and   internationally,   thus
        preventing their proliferation;


    32.       Recommends  that  parliaments  continue  and   strengthen
        efforts, and work together with civil society, including  NGOs,
        to prevent the outbreak of conflict in regions and States prone
        to  tensions  and  to  resolve  social  and  economic  problems
        underpinning  such  tensions  and  armed  conflict,   including
        efforts to fight  poverty,  social  exclusion,  trafficking  in
        human beings, drugs and  natural  resources,  organized  crime,
        terrorism and racism;


    33.      Urges parliaments in this context  to  adopt  and  support
        adequate national measures to limit demand in  their  societies
        for SALW and firearms,  and  in  particular  to  eradicate  the
        demand for illicit SALW and firearms;


    34.      Encourages parliaments  to  develop  strategies  aimed  at
        building public  awareness  of  the  negative  effects  of  the
        illicit acquisition of SALW, including  by  proposing  that  an
        international day  be  observed  annually  to  publicize  these
        effects, and to participate in  relevant  programmes  with  the
        media, in coordination with the government and civil society;


    35.      Calls upon parliaments to promote full  implementation  by
        their governments of their pledges  under  the  United  Nations
        Millennium  Declaration  to  ensure  the  achievement  of   the
        Millennium  Development  Goals,  a   measure   which   requires
        disarmament and the reduction of armed violence.



    *  The delegation of India expressed strong reservations to the
       text of the resolution as a whole.


    Referred to the Portfolio Committee on Safety and Security for
    consideration and report and to the Joint Standing Committee on
    Defence for consideration.

    THE  ROLE  OF  PARLIAMENTS  IN  ENVIRONMENTAL  MANAGEMENT  AND   IN
    COMBATING GLOBAL DEGRADATION OF THE ENVIRONMENT


    Resolution adopted by consensus* by the 114th Assembly
    (Nairobi, 12 May 2006)


    The 114th Assembly of the Inter-Parliamentary Union,


    Alarmed at the state of the world’s ecosystems  and  recalling  the
    following agreements and instruments:


     • The Declaration of the United Nations Conference  on  the  Human
       Environment (Stockholm, 1972);
     • The Convention on Long-range Transboundary Air Pollution (1979);


     • The United Nations Convention on the Law of the Sea (1982);
     • The Rio Declaration on Environment and  Development  and  Agenda
       21, adopted by the United Nations Conference on Environment  and
       Development (1992);
     • The United Nations Convention on Biological Diversity (1992) and
       the Cartagena Protocol on Biosafety (2000);
     • The Convention to Combat Desertification (1994);
     • The  United  Nations  Framework  Convention  on  Climate  Change
       (UNFCCC, 1992) and its Kyoto Protocol (1997);
     • The Johannesburg Declaration on Sustainable Development and  the
       Plan  of  Implementation  adopted  at  the   World   Summit   on
       Sustainable Development (WSSD) (2002);
     • The 2005 World Summit Outcome,


    Further recalling the following reports and events:


     • Reports to the Club of Rome, Limits  to  Growth  (1972)  and  No
       Limits to learning (1979);
     • The World Commission on Environment and Development  report  Our
       Common Future (1987);
     • The United Nations Millennium Development Goals (MDGs) (2000);
     • The United Nations Global Compact (2000);
     • The Third Assessment Report of the  Intergovernmental  Panel  on
       Climate Change (2001);
     • The Millennium Ecosystem Assessment (2001);
     • The Monterrey Consensus adopted by the International  Conference
       on Financing for Development (2002);
     • The Report of the United Nations  Environment  Programme  (UNEP)
       entitled  Natural  Selection:  Evolving  Choices  for  Renewable
       Energy Technology and Policy (2003);
     • The Parliamentary Declaration  entitled  Toward  Sustainability:
       Implementing  Agenda   21,   adopted   by   consensus   at   the
       Parliamentary Meeting held on the occasion of the 2002 WSSD;
     • The final report  of  the  United  Nations  Millennium  Project,
       Investing in Development (2005);
     • The support for the  Earth  Charter  expressed  at  the  General
       Conference of the United  Nations  Educational,  Scientific  and
       Cultural Organization (UNESCO) (2003);
     • The IUCN World Conservation Congress  resolution  endorsing  the
       Earth Charter (2004);
     • The Ministerial Conference on the 3R initiative (2005);
     • The eleventh session of the Conference of  the  Parties  to  the
       United Nations Framework Convention on Climate Change  (COP  11)
       and the first meeting of  the  Parties  to  the  Kyoto  Protocol
       (COP/MOP 1) (2005);
     •  The  Mauritius  Strategy  and  Declaration  drawn  up  at   the
       International  Meeting  to  Review  the  Implementation  of  the
       Programme of Action for the  Sustainable  Development  of  Small
       Island Developing States (2005);
     • The Hyogo Declaration and the Hyogo Framework for  Action  2005-
       2015:
     • Building the Resilience of Nations and Communities to  Disasters
       (2005);
     • The Parliamentary Declaration of the Fourth  World  Water  Forum
       (Mexico, 2005);
     • The Asia-Pacific Partnership on Clean  Development  and  Climate
       (2005);
     • The Strategic Approach  to  International  Chemicals  Management
       (SAICM) adopted by the  International  Conference  on  Chemicals
       Management (ICCM) (2006),


    Deeply concerned that, while there has been some action relating to
    these commitments, many of them remain unfulfilled, and emphasizing
    the support expressed by the Inter-Parliamentary Union for measures
    aimed at curbing global environmental  degradation,  especially  in
    the following statements, declarations, and resolutions:


     • The statement adopted by the 87th Inter-Parliamentary Conference
       and  entitled  Environment  and  Development:   The   views   of
       parliamentarians on the main directions of  the  United  Nations
       Conference on Environment  and  Development  and  its  prospects
       (Yaoundé, 1992);
     •  The  Declaration  adopted  by  the   97th   Inter-Parliamentary
       Conference and entitled Measures required to change  consumption
       and production patterns with a view to  sustainable  development
       (Seoul, 1997);
     •  The  resolution  adopted  by  the   107th   Inter-Parliamentary
       Conference and entitled Ten years after Rio: Global  degradation
       of the environment  and  parliamentary  support  for  the  Kyoto
       Protocol (Marrakech, 2002);
     •  The  resolution  adopted  by  the   108th   Inter-Parliamentary
       Conference  and  entitled  International  cooperation  for   the
       prevention and management of transborder natural  disasters  and
       their impact on the regions concerned (Santiago de Chile, 2003);


     • The resolution adopted by  the  111th  Assembly  of  the  Inter-
       Parliamentary Union and entitled  The  role  of  parliaments  in
       preserving   biodiversity   (Geneva,   2004),   supporting   the
       commitment of the 2002 WSSD to achieve a  significant  reduction
       in the current rate of loss of biological diversity by 2010,
    Recognizing that global environmental problems pose a common threat
    to  all  humanity,  particularly  to  developing   countries,   and
    constitute a  common  but  differentiated  responsibility  for  all
    countries,


    Considering the high level  of  exhaust  substances  in  the  ozone
    layer, and concerned about  the  growing  environmental  impact  of
    climate change,


    Acknowledging the need  for  cooperation  among  all  stakeholders,
    including government, civil society and business,


    Recognizing that it has  become  urgent  to  reconcile  sustainable
    development with globalization, the latter being  the  cause  of  a
    vicious   cycle   of   environmental   degradation   triggered   by
    unsustainable production and consumption patterns in both developed
    and developing nations, among other factors,


    Also recognizing the  importance,  in  establishing  a  sustainable
    society, of the role of  education  and  learning,  which  have  an
    impact on the awareness, lifestyle and work ethic of individuals,


    Emphasizing that preservation of the environment  is  essential  to
    poverty eradication and the achievement of the MDGs,


    Noting the launch in 2005 of the United Nations Decade of Education
    for Sustainable Development (UNDESD), involving all actors and  all
    levels  of  national  education  systems,  UNESCO’s   International
    Implementation Scheme  for  the  UNDESD,  and  the  United  Nations
    Economic Commission for Europe’s Regional  Strategy  for  Education
    for Sustainable Development  and  the  Vilnius  framework  for  its
    implementation,


    Also noting that the  International  Conference  on  Financing  for
    Development, held in Monterrey, Mexico, reaffirmed that the  target
    for the provision of official development assistance (ODA) was  0.7
    per cent of developed  countries'  gross  national  product  (GNP),
    recognizing  the  need  to  study  new  approaches  to   innovative
    financial mechanisms, and  calling  on  governments  of  developing
    countries  to  take  urgent   action   for   ensuring   sustainable
    development,


    Believing that effective administrative bodies and  enabling  legal
    and regulatory  frameworks  constitute  the  cornerstones  of  good
    governance and  thereby  enable  governments  to  address  critical
    environmental protection concerns,


    Emphasizing the importance of the gender perspective in efforts  to
    tackle national disasters, degradation of the natural  environment,
    environmental pollution, deforestation, global  warming  and  other
    environmental problems,


    Recognizing the need to establish a  sound  material-cycle  society
    with the 3R (Reduce, Reuse and Recycle) initiative,


    Concerned about the contamination of global water resources and the
    deterioration  of  the  quality  of  drinking   water   for   human
    consumption, and about water consumption increases worldwide, which
    together result in water shortages in some regions  of  the  world,
    worsening desertification and deforestation,
    Emphasizing that environmentalism should become a way of life  that
    governs the behaviour and activities of all,


    Acknowledging  the  significance  of  the  precautionary   approach
    advocated in Principle 15 of the Rio Declaration on Environment and
    Development, the objective  of  the  UNFCCC  climate  stabilization
    clauses, and the fact that scientific  uncertainty  concerning  the
    causes of global warming can no longer be an excuse for not  taking
    any action,


    Noting the UNEP publication Natural Selection: Evolving Choices for
    Renewable  Energy  Technology  and  Policy,  and  anticipating  the
    potential of a cleaner economy in the future,


    Recalling the essential role played by parliaments in strengthening
    efforts to encourage sustainable  development  through  legislative
    and budgetary policies that are consistent with the objectives  set
    forth  in  the  international  conventions,   through   appropriate
    initiatives to monitor  government  action,  and  through  advocacy
    aimed at public opinion and society at large,


    1. Calls upon governments to ensure prompt  implementation  of  all
       international environmental conventions to which they are party;




    2. Proposes that international environmental governance and  UNEP's
       role as a provider of policy  advice  and  guidance  be  further
       strengthened, that the participation  of  all  relevant  actors,
       including NGOs, in international environmental policy-making  be
       ensured,  and   that   multilevel   environmental   partnerships
       fostered;


    3. Calls upon all environmental management  decision-making  bodies
       to take into account the experiences, perspectives and knowledge
       of women,  and  to  ensure  their  equal  participation  in  the
       planning,  formulation,   implementation   and   evaluation   of
       environmental  policies  in  order  to  mainstream  the   gender
       component in all environmental programmes;


    4. Recalls that the European Union advocates the transformation  of
       UNEP  into   a   full-fledged   United   Nations   environmental
       organization;


    5. Calls upon parliaments, as front-line actors in  the  system  of
       global  environmental  governance,  to  participate  actively  -
       through their own delegations - in all international  events  at
       which the major options for protecting the environment  and  for
       using natural resources sustainably are debated and negotiated;


    6. Calls upon governments, when deciding  policies,  to  take  into
       account the Millennium Ecosystem Assessment and its main message
       that  human  well-being   and   progress   towards   sustainable
       development  hinge  on  improving  the  management  of   Earth’s
       ecosystems with  a  view  to  ensuring  their  conservation  and
       sustainable use;


    7. Proposes that UNEP prepare a list of global environmental  goals
       similar to the MDGs, supplement these goals  with  criteria  and
       indicators  for   their   implementation   and   promote   their
       implementation as  a  significant  contribution  to  sustainable
       development;


    8. Encourages parliamentarians to press their governments  to  give
       high priority to  their  international  sustainable  development
       commitments, including the MDGs;
    9. Stresses the need for ensuring the protection  of  biodiversity,
       including on the high seas outside the jurisdiction  of  coastal
       States;


   10. Calls  upon  countries  that  have  not  acceded  to  the  Kyoto
       Protocol, starting with those that pollute the most, to do so in
       order to give effect to measures for the  prevention  of  global
       warming;


   11. Calls for, in the framework of the second commitment  period  of
       the Kyoto Protocol, strengthened commitments from all  countries
       under Annex 1 as soon as possible;


   12. Calls upon all countries designing  a  post-Kyoto  framework  to
       shoulder    greenhouse    gas     emission     reduction/control
       responsibilities, in  accordance  with  the  principles  of  the
       UNFCCC, while also calling upon developed countries  to  provide
       further support to developing nations;


   13. Calls upon  parliaments  to  secure  national  backing  for  the
       objective recommended by the international scientific  community
       with regard to global warming, namely to limit to 2°C  the  rise
       in mean global temperatures compared with pre-industrial levels,
       and to take action towards attaining that objective, bearing  in
       mind that a decrease in greenhouse gas emissions by a factor  of
       two globally and by a factor  of  four  for  the  industrialized
       countries is generally considered necessary for  achieving  that
       goal;


   14. Strongly  urges  governments  and  parliaments  to  reverse  the
       negative  environmental  developments  in  the  Arctic   region,
       particularly regarding the effects of climate change, and  warns
       against the effects of the accumulation of persistent pollutants
       in regions which are particularly vulnerable to climate change;


   15. Calls upon governments  and  public  financial  institutions  to
       promote  research,  development  and  deployment  of  low-impact
       renewable energies, and to encourage the transfer to  developing
       countries  of  technologies  that  are   appropriate   for   the
       geographical and natural conditions of each region;


   16. Recalls such international efforts as the Renewable  Energy  and
       Energy Efficiency Partnership (REEEP) and the role played by the
       International Energy Agency (IEA),  as  positive  steps  in  the
       direction of improving energy efficiency and cooperation;


   17. Encourages governments and parliaments to advocate environmental
       awareness  and  educate  the  public  about  coordinated  action
       against environmental degradation;


   18. Supports and promotes the development of a ten-year framework of
       programmes in support of regional and  national  initiatives  to
       accelerate  the  shift  towards  sustainable   consumption   and
       production, and in this connection calls for  the  promotion  of
       sustainable public procurement;


   19. Calls  upon  parliaments  fully  to  commit  themselves  to  the
       challenges of climate change  and  its  effects  on  the  global
       environment and to take  the  necessary  legislative  action  to
       mitigate the effects of the problem;


   20. Calls upon governments and  parliaments,  with  due  regard  for
       national  circumstances,  clearly  to  define  corporate  social
       responsibility in their domestic legislation, and to uphold  the
       philosophy of the Ministerial Conference on the  3R  initiative,
       in order to promote the development of  a  sound  material-cycle
       society;


   21. Calls upon parliaments to promote, within  the  context  of  the
       ratification of  international  conventions  and  treaties,  the
       adoption of national plans on  major  environmental  issues  and
       sustainable development in which goals,  including  quantitative
       goals, are set;


   22. Calls upon parliaments to promote  legislation  that  stimulates
       the development of  environmentally-friendly  products,  and  to
       promote the use of green bonds and Clean Development Mechanisms;




   23. Encourages governments and parliaments to  ensure  accession  to
       and implementation of the United Nations  Convention  to  Combat
       Desertification (1994), and supports the International  Year  of
       Deserts and Desertification (2006);


   24. Calls for early ratification of the International Convention for
       the Control and Management of Ships' Ballast Water and  Sediment
       (2004);


   25. Encourages parliamentarians in all  States  to  advance  efforts
       towards education for sustainable development and  to  serve  as
       role models for the global citizens who will be  the  foundation
       of a sustainable future, and calls for  programmes  specifically
       targeting women  in  order  to  strengthen  their  role  as  key
       managers of natural resources;


   26. Calls  upon  parliaments  to  recognize  that  preservation  and
       conservation of the hydrological cycle are  key  to  maintaining
       the climatic and environmental cycles that serve  to  regenerate
       the water supplies  needed  to  ensure  social  development  and
       quality of life for the world's peoples, particularly  in  terms
       of health and food production, and  to  prevent  desertification
       and deforestation;


   27. Calls upon governments, in cooperation with international bodies
       dealing with environmental issues, businesses and civil  society
       organizations, to put in  place  UNDESD  implementation  schemes
       that include systems for periodic monitoring and assessment;


   28. Encourages environmental  bodies  to  develop  sex-disaggregated
       indicators and data and to undertake  systematic  gender  impact
       analysis assessments and  research  in  order  to  evaluate  the
       impact of environmental policies on both sexes;


   29.  Calls  upon  parliaments  to  promote  greater  technical   and
       financial  cooperation  on  renewable  energies  by  encouraging
       transfers of technology and human, technical  and  institutional
       capacity-building between developed and less developed nations;


   30. Calls upon governments and parliaments, in view of  the  climate
       stabilization clauses of the UNFCCC, to take action  to  greatly
       reduce greenhouse gas emissions, share best practices, and carry
       out applied studies and  research,  including  using  the  back-
       casting approach;


   31. Calls upon parliaments and governments to ensure that women have
       access to land ownership  and  are  allowed  to  manage  natural
       resources,  as  balanced  ownership  patterns  are  a  principal
       requirement for avoiding environmental degradation;


   32. Urges all countries to formulate a  comprehensive  environmental
       policy that can genuinely enhance and  sustain  economic  growth
       without destructive consequences for our shared resources;


   33. Calls upon governments and parliaments, in the light of the last
       WSSD,  to  pursue  and  support  more  efficient  and   coherent
       implementation of the Convention on Biological Diversity and its
       Cartagena  Protocol  on  Biosafety,  to  achieve  a  significant
       reduction in the current rate of loss of biological diversity by
       2010, which will require action at  all  levels,  including  the
       preparation  and   implementation   of   national   biodiversity
       strategies and action plans;


   34. Acknowledges the controversies which surround the nuclear option
       for energy production,  together  with  the  problems  posed  by
       decommissioning,  storage  of  nuclear  waste   and   accidental
       leakage, and, at the same time, recognizes the need to keep  the
       option  open  and  for  increased  research  to  overcome  these
       problems;


   35. Encourages parliaments to draw up the necessary legislation,  to
       review a  menu  of  policy  options,  including  ecological  tax
       reform, and to propose such policies to governments;


   36. Calls  upon  parliaments  and  governments  to  ensure  adequate
       funding for  UNEP  and  sufficient  financial  backing  for  the
       implementation  of  environmental  management  legislation,  and
       encourages the development of green budgeting based on the model
       of gender budgeting;


   37.   Urges   parliamentarians,   and   more   specifically    women
       parliamentarians,  to   establish   lobbying   networks   within
       parliaments to bring about changes in the management of  natural
       resources;


   38. Also encourages governments to include in  their  budgets  clear
       indications of the financial and non-financial costs related  to
       environmental  degradation,  and  the  benefits   of   ecosystem
       services;


   39. Encourages all transnational companies to  adopt  and  implement
       high environmental standards as part of their  corporate  social
       responsibility, in line with the cooperation provided for in the
       Global Compact;


   40. Encourages parliaments and governments to give  citizens  access
       to information on the local environmental situation;


   41. Invites parliaments  to  promote  the  development  of  new  and
       broader  tools  and  methods  for  measuring   GDP   and   other
       standardized economic concepts, said tools and methods  to  take
       account of the value of natural resources, in order  to  enhance
       sustainable development;


   42. Encourages parliaments to facilitate the participation  of  NGOs
       in strengthening popular  support  for  environmental  work,  in
       particular to mitigate the effects of climate change.


    *  The delegation of  India  expressed  reservations  on  operative
    paragraphs 4 and 16.  Two of the four members of the delegation  of
    Australia expressed reservations on operative paragraphs 10 and 11.
    The delegation of Venezuela  expressed  reservations  on  operative
    paragraph 10.

    Referred to the Portfolio Committee on  Environmental  Affairs  and
    Tourism  for  consideration  and  report,  and  to  the   Portfolio
    Committee on Minerals and Energy for consideration.


    HOW PARLIAMENTS CAN AND MUST PROMOTE EFFECTIVE  WAYS  OF  COMBATING
    VIOLENCE AGAINST WOMEN IN ALL FIELDS


    Resolution adopted by consensus* by the 114th Assembly
    (Nairobi, 12 May 2006)


    The 114th Assembly of the Inter-Parliamentary Union,


    Reaffirming that violence against women constitutes a violation  of
    women’s human rights and fundamental freedoms,


    Stressing that the causes  and  consequences  of  violence  against
    women are intrinsically linked to longstanding gender  inequalities
    and discrimination that restrict the full  enjoyment  by  women  of
    their human rights,


    Recognizing that women belonging to minority and indigenous groups,
    refugee women, internally displaced  women,  migrant  women,  women
    living in rural or remote communities, destitute  women,  women  in
    institutions or detention, women with disabilities, elderly  women,
    women  in  situations  of  armed  conflict  and  in   post-conflict
    situations and girl children are especially vulnerable to violence,




    Alarmed by the perpetuation of violence  against  women  throughout
    the world, both  in  the  home  and  in  the  workplace,  including
    trafficking in women and  girls  and  forced  prostitution,  sexual
    violence within  and  outside  marriage,  and  certain  traditional
    practices that are harmful to women,


    Aware that violence against women increases their vulnerability  to
    HIV/AIDS and often impedes their access  to  prevention,  care  and
    treatment services, thus contributing to the conditions that foster
    the spread of HIV/AIDS,


    Stressing that it is the responsibility of States to act  with  due
    diligence to prevent human rights violations, investigate  acts  of
    violence,  punish  their  perpetrators  and  protect  and   provide
    reparation to victims of violence,


    Noting that rape, sexual  slavery,  enforced  prostitution,  forced
    pregnancy, enforced sterilization and all  other  forms  of  sexual
    violence of comparable gravity are crimes under  international  law
    and should be repressed and punished as such,


    Reaffirming that States are not justified in invoking  any  custom,
    tradition or religious consideration to avoid their obligations  to
    eliminate violence against women,


    Recalling the importance of the Convention on  the  Elimination  of
    All Forms of Discrimination against Women (1979) and  its  Optional
    Protocol (1999), of the Declaration on the Elimination of  Violence
    against Women (1993), and of the Beijing Declaration  and  Platform
    for Action (1995)  as  effective  instruments  to  combat  violence
    against  women,  and  noting  the  existence  of   regional   legal
    instruments on violence against women,


    Noting all relevant resolutions adopted by United  Nations  bodies,
    including Commission on Human Rights resolution 1994/45 of 4  March
    1994 appointing a Special Rapporteur on violence against women, its
    causes and  consequences,  and  Security  Council  resolution  1325
    (2000) on women and peace and security,


      Recalling  the  Inter-American  Convention  on  the   Prevention,
    Punishment and Eradication of Violence against  Women,  adopted  in
    Belém Do Pará in 1994,


    Noting that violence against women hinders  human  development  and
    the achievement of the Millennium Development Goals,


    Stressing that the eradication of violence against  women  requires
    preventive and responsive policies and actions and the  involvement
    of all members of society, including men,


    Stressing that the  newly  established  Human  Rights  Council  and
    Peacebuilding Commission will  be  crucial  to  the  promotion  and
    protection of the rights of women,


    Stressing the key  role  of  parliaments  and  parliamentarians  in
    preventing and eliminating violence against women, and the need for
    States to cooperate  with  and  support  organizations  working  to
    eliminate violence against women, especially women's organizations,




    Urges governments  and  parliaments  to  ratify  international  and
    regional instruments pertaining to violence against women, such  as
    the Convention on the Elimination of All  Forms  of  Discrimination
    against Women (CEDAW) and its Optional Protocol, and to ensure full
    compliance with those instruments and with pertinent United Nations
    resolutions;


    Calls  upon  parliaments  to  ensure  that  CEDAW  country  reports
    systematically include information on violence  against  women,  in
    particular statistical data disaggregated by sex,  on  legislation,
    on support services to victims and on  other  measures  adopted  to
    eliminate violence against women;


    Urges parliamentarians to refer to  and  make  use  of  the  IPU/UN
    Handbook for Parliamentarians: The Convention on the Elimination of
    All  Forms  of  Discrimination  against  Women  and  its   Optional
    Protocol;
    Calls upon governments and parliaments  to  give  priority  to  and
    raise awareness about violence against women as both a cause and  a
    consequence of rising HIV/AIDS and to include these  considerations
    in the relevant national strategy;


    Calls upon governments to implement United Nations General Assembly
    resolution 52/86 on Crime prevention and criminal justice  measures
    to eliminate violence against women, and, in particular, to  punish
    all acts of violence against women perpetrated  by  State  or  non-
    State actors in the public and the private  spheres,  to  establish
    courts specialized in  hearing  cases  of  such  violence,  and  to
    establish a governmental body promoting the prosecution of all acts
    of violence;


    Calls   upon   governments,   parliaments   and    non-governmental
    organizations to organize activities to promote public awareness of
    the  problem  of  violence  against   women,   including   on   the
    International Day for the Elimination of  Violence  Against  Women,
    which is observed on 25 November each year;


    Encourages  governments  to  provide  training  to   all   relevant
    government  agencies,  especially  the  police   forces   and   the
    judiciary, on ways to address gender-related violence;


    Encourages governments and parliaments to  establish  observatories
    on violence against women, and to develop  indicators  and  compile
    data,  disaggregated  by  sex,  to  monitor  the  effectiveness  of
    policies for the elimination of such violence;


    Encourages the establishment of parliamentary bodies to monitor and
    evaluate  all  international  and  national  measures  designed  to
    prevent and eradicate violence against women, and suggests  that  a
    rapporteur for these bodies submit an annual report to the Assembly
    for information, debate and public circulation;


    Encourages governments to collaborate with the  Special  Rapporteur
    on Violence Against  Women  on  developing  internationally  agreed
    indicators and mechanisms to measure violence against women;


    Calls  upon  governments  and  parliaments  to  enact  and  enforce
    legislation against the perpetrators of violent practices and  acts
    of violence against women and children, including tough  and  clear
    measures to combat recidivism;


    Calls upon parliaments to review legislation  to  detect  practices
    and traditions that impede the attainment of equality  between  the
    sexes and to eliminate inequality in all spheres, in particular  in
    education, health and access to property and land;


    Calls for the promotion of  nationwide  awareness  and  educational
    campaigns to encourage changes in  social  and  cultural  attitudes
    regarding gender roles and to eliminate patterns of behaviour  that
    engender violence; to that end,  encourages  cooperation  with  the
    media;


    Calls upon governments and parliaments to ensure that  information,
    education and training on gender-related violence are available  to
    all  public  agents,  including  the  judiciary,  involved  in  the
    prevention and prosecution of violence against  women  and  in  the
    provision of health care and support services for victims;


    Requests parliaments to allocate  sufficient  budget  resources  to
    facilitate universal access to reproductive health information  and
    services;


    Calls upon parliaments to  ensure  that  sufficient  resources  are
    allocated and clearly earmarked in the national  budget  for  plans
    and programmes to eradicate violence against women in all fields;


    Calls upon parliaments to denounce and combat the extreme forms  of
    gender violence against women that are derived from  the  violation
    of their human rights and shaped by  forms  of  misogynous  conduct
    that may go unpunished, and which have culminated in  homicide  and
    other forms of violent death of women;


    Urges all States to cooperate with  and  support  all  women’s  and
    other organizations working to eliminate violence against women;


    On domestic violence


    Calls upon governments and parliaments, if they have not  yet  done
    so, to develop and implement specific legislation and/or strengthen
    appropriate mechanisms to handle criminal matters relating  to  all
    forms of domestic violence, including marital rape and sexual abuse
    of women and girls, and to ensure that such cases  are  brought  to
    justice swiftly;


    Calls upon governments and parliaments, if they have not  yet  done
    so,  to  develop  and  implement  adequate  legislation  to  combat
    domestic violence;


    Calls upon governments and parliaments to develop national plans to
    combat domestic violence that include measures related to research,
    prevention,   education,   information   and   penalization,    the
    prosecution and punishment of all acts of  violence  against  women
    (including  violence  within  marriage),  social,   financial   and
    psychological support for  victims  (including  children  who  have
    witnessed domestic violence against their mothers), special support
    for the most vulnerable groups and effective legal tools to protect
    victims;


    Calls upon national legislators to make certain that legislation on
    violence  against  women  precludes  any  kind  of  culture-related
    violence; also calls upon legislators to deny  any  form  of  undue
    mitigation of sentence for crimes committed in the name of culture;




    Calls  upon  governments  and  parliaments  to  adopt  measures  to
    encourage adequate reporting of domestic  violence  and  to  combat
    recidivism;


    On female genital mutilation/cutting


    Calls upon parliaments to spare no effort  to  end  female  genital
    mutilation/cutting (FGM/C) within a generation;


    Recommends  that  strategies  for  the  abandonment  of  FGM/C   be
    developed within the wider context of the promotion  of  all  human
    rights, including the right to education,  health  and  development
    and the reduction of poverty;


    Calls upon parliaments to  work  with  civil  society,  traditional
    chiefs and religious  leaders,  women’s  and  youth  movements  and
    governments  to  ensure  complementarity  in  working  towards  the
    abandonment of  FGM/C;  and  together  with  governments,  to  take
    measures to raise awareness about  the  issue,  placing  particular
    emphasis on targeted training for health personnel;


    Calls upon States that have not yet done so  to  adopt  legislation
    outlawing FGM/C;


    Calls upon parliaments  to  take  note  of  the  Final  Declaration
    adopted  by  the  African  Parliamentary  Conference  on  "Violence
    against Women,


    Abandoning  female  genital  mutilation:  the  role   of   national
    parliaments", held in Dakar in  December  2005,  and  to  take  all
    necessary measures for its dissemination and implementation;


    At the workplace


    Calls upon parliaments to ensure  compliance  with  United  Nations
    General Assembly resolutions  on  violence  against  women  migrant
    workers and with General Recommendation No. 19 of the Committee  on
    the Elimination of Discrimination against Women,  as  well  as  the
    International Convention on the Protection of  the  Rights  of  All
    Migrant  Workers  and   Members   of   Their   Families,   relevant
    International  Labour  Organization  conventions  and   all   other
    international instruments that  contribute  to  the  protection  of
    migrant women, by increasing activities to prevent violence against
    migrant workers, by promoting and protecting their  rights  and  by
    strengthening relations among  countries  of  origin,  transit  and
    destination;


    Requests  parliaments  to   promote   close   cooperation   between
    governments,  employers  and  trade  unions  to   achieve   greater
    efficiency in preventing and  eradicating  all  forms  of  violence
    against women in the workplace, including through the enactment  of
    legislation that explicitly  prohibits  sexual  harassment  in  the
    workplace where such legislation does not exist;


    On sexual violence


    Calls upon parliaments and governments to review the effectiveness,
    at  the  national  and  local  levels,  of  legislation  on  sexual
    violence; further calls for the establishment of a policy  exchange
    network to facilitate exchanges of policy options  and  experiences
    at the international level;


    Calls  upon  parliaments  and  governments  to  make  rape,  sexual
    slavery,  enforced   prostitution,   forced   pregnancy,   enforced
    sterilization, and any other form of sexual violence of  comparable
    gravity, crimes under their domestic  legislation  and  to  repress
    them as such;


    Encourages parliaments to evaluate the adequacy  of  the  penalties
    imposed for the aforementioned crimes and to make every  effort  to
    ensure that such penalties are enforced;


    Emphasizes the value of effective legal and correctional programmes
    to prevent recidivism by perpetrators of  sexual  violence  against
    women;


    Calls  upon  parliaments,  when  debating  methods  for   gathering
    evidence and devising measures to punish  sex  offenders,  to  give
    special attention to the fact that children and  mentally  disabled
    and other disabled women - who are especially vulnerable to  sexual
    violence - find it difficult to testify in court;


    Calls upon  parliaments  and  governments  to  examine  systems  of
    investigation and prosecution and the way in which the media  cover
    sexual violence, and to  take  appropriate  measures  in  order  to
    minimize further trauma to victims of sexual violence;


    On human trafficking


    Urges those States that have not yet done so to sign and ratify the
    United Nations Convention  against  Transnational  Organized  Crime
    along with its Protocol to Prevent, Suppress and Punish Trafficking
    in Persons, Especially Women and Children;


    Recognizes that globalization has aggravated and accelerated  human
    trafficking, and stresses  the  need  to  build  international  and
    regional  cooperation  among  countries  of  origin,  transit   and
    destination,   through   instruments   such   as    memoranda    of
    understanding, bilateral agreements and regional treaties  such  as
    the Council of Europe Convention on Action against  Trafficking  in
    Human Beings;


    Calls upon governments to address all factors and root causes which
    foster demand for prostitution and make women and girls  vulnerable
    to trafficking;


    Encourages governments to establish legal mechanisms to protect the
    victims of trafficking,  a  considerable  number  of  whom  may  be
    without legal status and who may not, as a result of  this  status,
    report to the authorities, and to ensure  that  they  are  not  re-
    victimized by providing for the possibility, in accordance with the
    basic principles of the national  legal  system,  of  not  imposing
    penalties on victims for their involvement in  unlawful  activities
    to the extent that they have participated under duress;


    Encourages governments to adopt measures  for  the  protection  and
    rehabilitation of victims of human trafficking;


    Calls upon States to  conduct  information  and  public  awareness-
    raising  campaigns  to   inform   women   about   migration-related
    opportunities, limitations and rights, thus enabling them  to  take
    informed decisions on migration and preventing them  from  becoming
    victims of trafficking;


    On violence in situations of armed conflict


    Invites States that have not yet done so to  become  party  to  the
    Geneva Conventions on the protection of victims of armed  conflicts
    (1949)  and  their  Additional  Protocols  (1977),  the  Convention
    relating to the Status of Refugees (1951) and its Protocol  (1967),
    the Optional Protocol to the Convention on the Rights of the  Child
    on the involvement of children  in  armed  conflict  and  the  Rome
    Statute of  the  International  Criminal  Court,  to  withdraw  any
    existing reservations, and to ensure full compliance in law and  in
    practice with these instruments;


    Calls upon parliaments to intensify efforts,  in  cooperation  with
    relevant international organizations such  as  the  Office  of  the
    United Nations High Commissioner for  Human  Rights  (UNHCHR),  the
    Office  of  the  United  Nations  High  Commissioner  for  Refugees
    (UNHCR), the United Nations Development Fund  for  Women  (UNIFEM),
    the  United  Nations  Fund   for   Children   (UNICEF),   and   the
    International Committee of the Red Cross  (ICRC),  to  enforce  the
    special procedures of the Human Rights Council, to improve  systems
    to monitor and report violence against women  and  girls  in  armed
    conflict, to take the necessary steps against the  perpetrators  of
    such acts, and to provide assistance to victims;


    Calls upon parliaments to promote full and effective implementation
    of Security Council resolution 1325 (2000), and to ensure that  the
    elimination of violence against women in post-conflict societies is
    included  in  the  mandate  of  the  United  Nations  Peacebuilding
    Commission  as  part  of  the   disarmament,   demobilization   and
    reintegration (DDR) processes;


    Requests parliaments and governments to ensure a gender balance  in
    military and peacekeeping operations, including  the  participation
    of women at the decision-making level in all peacekeeping and peace
    processes, and to provide training in gender equality issues;


    Requests  parliaments  and   governments   to   ensure   that   all
    peacekeeping troops receive training in the United Nations Code  of
    Personal Conduct for Blue Helmets, international human  rights  law
    and international humanitarian law.


    *  Two of the four members of the delegation of Australia expressed
    reservations on the reference in operative paragraph 1 to the CEDAW
    Optional Protocol. The delegation of the Islamic Republic  of  Iran
    expressed reservations on  preambular  paragraph  8  and  operative
    paragraph 12
    Referred to  the  Joint  Monitoring  Committee  on  Improvement  of
    Quality of Life and Status of Women for  consideration  and  report
    and to the Joint Monitoring Committee on Improvement of Quality  of
    Life and Status of Children, Youth and Disabled Persons,  Portfolio
    Committee on Justice and Constitutional Development  and  Portfolio
    Committee on Safety and Security for consideration.