Overview of the Pan African Parliament Briefing to the Security and Justice Committee
The Pan African Parliament (PAP) was established through a Host Country Agreement signed between South Africa and the AU. The provisions of the agreement cover juridical personality, immunity, premises, privileges, and immunities of Parliamentarians and officials. Technical annexes detail accommodation, furniture, transportation, IT infrastructure, and security services for the PAP.
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SLIDES ON THE PAN AFRICAN PARLIAMENT Briefing to the Portfolio Committee on Security and Justice Directorate: African Union Date: 31 August 2022
Overview of developments regarding the Pan African Parliament (PAP) The PAP was established through the Host Agreement on the Seat of the PAP, signed between South Africa and the AU on 16 September 2004; Entered into force (absolutely/ permanently) on 4 April 2017 after an exchange of notes between South Africa and the AU as required by the Host Agreement; The Host Country Agreement spells out South Africa s obligations, including through Annexes thereto; Principle of consistency in national and international law informs the provisions of the Host Country Agreement Point of engagement is the African Union on the HCA, legally. 2
Provisions of the Host Country Agreement (HCA) Preamble (mainly clarification of the Parties roles involved) Article 1 Definitions Article 2 Juridical Personality Article 3 Premises and Facilities Article 4 Immunity of Property, Funds and Assets of the AU Article 5 Inviolability of Premises, Property, Assets and Transaction of the AU Article 6 - Inviolability of the AU Archives Article 7 Communications Article 8 Exemption from taxation, Custom Duties, Prohibitions or Restriction on Imports and Exports 3
Provisions of the HCAcontinued Article 9 - Pan-African Parliamentarians and Officials: Privileges and Immunities Article 10 - Privileges and Immunities of Experts Article 11 Waiver of Immunity Article 12 Identification Article 13 Deceased Pan-African Parliamentarians and Officials Article 14 Settlement of Disputes Article 15 General Provisions Signed 16 September 2002 4
Technical Annexes Annex A- Schedule of Accommodation for the Premises Annex B Fixtures, Fittings and Furniture to be provided for the Premises Annex C Transportation Arrangements for Pan-African Parliamentarians Annex D Information Technology Infrastructure and Services Annex E Security Services to be provided to the Pan-African Parliament Annex F Accommodation Annex G - Accreditation 5
Latest developments Finalisation of the permanent precinct project (regular meetings with the Dept of Public Works and Infrastructure have been held to resolve outstanding issues illegal site; accommodation issues for the President of the PAP; lease-related issues, including office space challenges and committee rooms); Procure more efficient ICT equipment to allow for virtual meetings to take place; 6
Latest developments Continued engagement with the PAP in identifying such measures; Enduring consistency with other host countries, to ensure uniformity in approach; Maximum optimisation of infrastructure, especially ICT; Role of DIRCO (facilitator, logistical support, revision of the HCA). 7
Process of ratification In June 2014, the 23rd Assembly of Heads of State and Government of the African Union (AU) held in Malabo, Equatorial Guinea, adopted the Protocol to the Constitutive Act of the African Union. The Protocol shall, upon entry into force replace the 2001 Protocol to the Treaty Establishing the African Economic Community relating to the Pan-African Parliament of 1991. The 2014 Protocol has not yet entered into force since the majority of the AU Member States have not yet signed and ratified it. Twenty Eight (28) AU Member States are required to ratify for the Protocol to enter into force; The PAP is one of the 9 organs of the African Union. South Africa became the Seat of the PAP since 2004. South Africa signed the Protocol in January 2019 in Addis Ababa, Ethiopia. South Africa has now embarked on a process of ratifying the Protocol, which requires Parliamentary approval. 8
Ratification ICTS Cabinet Committee Meeting: 11 November 2020 Ratification by South Africa of the Protocol to the Constitutive Act of the African Union Relating to the Pan-African Parliament of 2014.The Committee recommend that Cabinet approves the submission of the Protocol to the Constitutive Act of the African Union Relating to the Pan- African Parliament of 2014 to Parliament for ratification The Minister has formally written to the Speaker of the National Assembly, to submit the Protocol to both House of Parliament for ratification, letter sent in March 2022. 9
Conclusion Thank you! 10
