PRESENT
1. Hon. Jerónima Agostinho, Chairperson Mozambique
2. Hon. Darren Bergman, Vice Chairperson South Africa
3. Hon. Leepetswe Lesedi Botswana
4. Hon. Mduduzi Matebula Eswatini
5. Hon. Nts’alla Mafa Lesotho
6. Hon. Tsiliva Diddiot Christophe Madagascar
7. Hon. Deus Gumba Malawi
8. Hon. Utaara Mootu Namibia
9. Hon. Richard Labrosse Seychelles
10. Hon. Selemani Jumanne Zedi Tanzania
11. Hon. Dought Ndiweni Zimbabwe
ABSENT WITH APOLOGY
Hon. Josefina P. Diakité Angola
Hon. Balamage N'kolo Boniface DRC
Hon. Ashley Ittoo Mauritius
Designation of MPs was still pending after 2021 elections Zambia
IN ATTENDANCE
Boemo Sekgoma, Secretary General SADC PF Secretariat
Sheuneni Kurasha, Committee Secretary SADC PF Secretariat
Clare Musonda SADC PF Secretariat
Paulina Kanguatjivi SADC PF Secretariat
Samueline Kauvee SADC PF Secretariat
OBSERVERS
Justice Oagile Key Dingake, former Judge of the High Court and Industrial Court in Botswana, Residual Special Court for Sierra Leone,and the Supreme and National Courts of Papua New Guinea. The Meeting was called to order 09:34.
AGENDA
1. Credentials of delegates and apologies.
2. Adoption of Agenda.
3. Welcome remarks by the Chairperson.
4. Consideration of the Minutes of the Meeting of Standing Committee on Democratisation, Governance and Human Rights (DGHR) held virtually on 13th April 2021 under the theme “The Role of Parliament in Protecting Constitutionalism and the Rule of Law in Southern Africa: Prospects and Challenges,” and Matters Arising from the Minutes.
5. Session I: Reflections on the Role of Parliaments in Promoting and Protecting Constitutionalism and the Rule of Law in the SADC region and in view of the Deliberations and Recommendations by the 49th Plenary Assembly.
6. Session II: Presentation and Deliberations on the theme: “Peace, Security and Conflict Trends in the SADC Region: Strengthening Parliament’s Role in Conflict Prevention and Management.’’
7. Deliberations on the theme and recommendations to the Plenary Assembly.
8. Closing remarks and Vote of Thanks.
CREDENTIALS OF DELEGATES AND APOLOGIES
Quorum for the meeting was confirmed with 11 out of 15 Members present. Apologies were received from Angola, DRC, Mauritius and Zambia.
ADOPTION OF THE AGENDA
The agenda was adopted on a motion by South Africa and seconded by Eswatini.
WELCOME REMARKS BY THE CHAIRPERSON
The Chairperson, Hon. Jerónima Agostinho, started by welcoming new Members of the Committee, namely Hon. Mduduzi Matebula of Eswatini, Hon. Utaara Mootu of Namibia and Hon. Selemani Jumanne Zedi of Tanzania. She indicated that the meeting accorded the Committee the opportunity to deliberate on issues of regional interest and concern pursuant to its mandate as stipulated in Rule 42(d) of the SADC PF Rules of Procedure and submit its report to the Plenary Assembly.
Regarding the theme, which was “Peace, Security and Conflict Trends in the
SADC Region: Strengthening Parliament’s Role in Conflict Prevention and Management,’’ Hon. Agostinho indicated that this theme was relevant and timely. The Chairperson underlined that peace and security were the condictio sine qua non for socio-economic development of the SADC region since Member States would be unable to realise the objectives of regional socio-economic development, poverty eradication, and regional integration in the absence of a peaceful, secure and politically stable environment. The Chairperson commended SADC for the strides it had made towards conflict prevention and management, as well as human and state security within the territories of Member States, which had made Southern Africa one of the most peaceful and politically stable regions of the African continent. In this regard, the Chairperson enumerated the various regional frameworks and institutions created by SADC to entrench cooperation and mutual trust in peace and security. She specifically cited the harmonised Strategic Indicative Plan for the Organ on Defence, Politics and Security (SIPO), which was the region’s main implementation framework for the SADC Protocol on Politics, Defence and Security Cooperation and the SADC Mutual Defence Pact, among other instruments on peace and security.
The Chairperson said the SADC region still faced several challenges related to peace and security and tackling them required collective and resolute efforts by all stakeholders. She cited such challenges as isolated armed conflicts, acute inequality, democracy and governance deficit, rising unemployment among young people and election violence, and added that the COVID-19 pandemic had accentuated the situation, thereby triggering tensions, some of which had led to social unrest, looting and violence.
Hon. Agostinho underscored the critical role that legitimate and functioning Parliaments could play as long-term conflict prevention and management mechanisms. She added that the legislature served as the national forum where diverse issues affecting society were debated and through constant contact with the citizens they represented, Parliaments were able to detect early signs of conflict and facilitate appropriate timely responses.
The Chairperson challenged national Parliaments to ensure that legal frameworks of their respective countries were strengthened to facilitate the establishment of independent public institutions that promoted democracy and good governance in line with SDG 16. She also urged SADC PF to prioritise capacity building for MPs in conflict prevention and management in line with objective 3 of the SADC PF Strategic Plan (2019 – 2023).
Turning to the issue of the Role of Parliaments in Promoting and Protecting Constitutionalism and the Rule of Law in the SADC, Hon. Agostinho underlined that the Committee needed to reflect on the matter in view of the deliberations and resolutions by the 49th Plenary Assembly on the same matter while considering the Committee’s report. The Chairperson further clarified that the issue of particular concern was whether the development of a SADC Mode Law on the Role of Parliament in in Promoting and Protecting Constitutionalism and the Rule of Law would infringe on the sovereignty of Member States.
In conclusion, the Chairperson expressed gratitude to the resource persons, namely Mr Jorge Cardoso, Director of the SADC Organ on Politics, Defence and Security Affairs whose attendance was coming at the back of the decision by the 41st SADC Summit on 17 August 2021, approving the transformation of SADC PF into a SADC Parliament; Justice Professor Oagile Key Dingake, former Judge of the High Court in Botswana, Residual Special Court for Sierra Leone, and the Supreme Court of Papua New Guinea; His Excellency Ambassador Said Djinnit, Special Advisor African Centre for the Constructive Resolution of Disputes (ACCORD); and Dr. Adane Ghebremeskel, Executive Manager - GIZ Peace, Security and Governance Project. She also thanked GIZ and Austrian Development Agency for the financial support towards the hosting of the meeting.
SESSION I: REFLECTIONS ON THE ROLE OF PARLIAMENTS IN PROMOTING AND PROTECTING CONSTITUTIONALISM AND THE RULE OF LAW IN THE SADC REGION IN VIEW OF THE DELIBERATIONS AND RESOLUTIONS BY THE 49 TH PLENARY ASSEMBLY
Presentation
The Committee received a presentation from Justice Dingake based on a policy paper prepared following the deliberations and resolutions by the 49th Plenary Assembly regarding the role of Parliaments in promoting and protecting constitutionalism and the rule of law in the SADC region. The presentation, inter alia, interrogated whether the proposal to develop a Model Law within the broader context of promoting and protecting constitutionalism and the rule of law in the region could infringe on the sovereignty of Member States given the diverse legal and government systems in different countries. The presentation also laid bare the various ways in which national parliaments could play a role in protecting the rule of law and defending the constitution.
Justice Dingake emphasised that the rule of law was fundamental for any functioning democracy since its tenets implied that governments were accountable by law and that everyone was equal before the law. It incorporated elements such as a strong constitution with limits on power, human rights, an effective electoral system, a commitment to gender equality, laws to protect minorities and vulnerable groups, and a strong civil society. He explained that an independent judiciary was the hallmark of the rule of law, given its role in protecting human rights, safeguarding the dignity of all citizens, and protecting institutions of accountability from potential obstruction and manipulation.
Justice Dingake highlighted that the SADC Treaty was unequivocally clear about its commitment to the rule of law and democracy. Similarly, the African Union (AU) had adopted instruments such as the African Charter on Democracy, Elections and Governance (ACDEG), which placed obligations on state parties to, among others, promote adherence to the principle of the rule of law premised on respect for and the supremacy of the constitution and constitutional order. He argued that it was, therefore, incumbent upon regional organisations that derived legitimacy from the SADC Treaty and AU statutes, such as the SADC PF, to take the lead in upholding and strengthening the rule of law within the confines of their mandates. This could be achieved through developing regional normative frameworks and other initiatives that promoted democracy, good governance and affirmed respect for human rights. He also highlighted that SADC PF had in fact, inspired by the same trajectory, pioneered the development of normativestandards, including Model Laws in critical thematic areas of regional interest and concern such as HIV/AIDS, elections, and child marriage.
Justice Dingake explained that the Model Laws as part of soft law, were not binding on Member States and only carried persuasive power and as such it was inconceivable that their development could infringe or undermine the sovereignty of Member States. SADC PF’s record in developing Model Laws even in critical and potentially sensitive political processes such as elections attested to the non-interference nature of its Model Laws.
Judge Dingake also highlighted the central role played by Parliaments in upholding the rule of law through reviewing, debating and enacting legislation; and scrutinising government actions and holding the government accountable. He affirmed that legislative work and scrutiny of the executive would be enhanced if approached from the rule of law perspective and in an environment where Parliamentarians were knowledgeable about the rule of law and constitutionalism.
Deliberations and Recommendations
In the ensuing deliberations, the Committee resolved to recommend to the Plenary Assembly to:
Reiterate that the development of the Model Law on the Role of Parliament in Promoting and Protecting Constitutionalism would not interfere with or undermine the sovereignty or internal processes of Member States since Model Laws were not binding on Member States and countries had the liberty to choose the elements of the Model Law that would be acceptable in their respective contexts. Request the Plenary Assembly to rescind its resolution during the 49th Plenary Assembly and allow the Standing Committee on Democratisation, Governance and Human Rights, in consultation with stakeholders, to commence the process of developing a SADC Law Model Law on the Role of Parliament in Promoting and Protecting Constitutionalism to assist Member States to comply with their regional legal commitments and obligations regarding constitutionalism and the rule of law. Reiterate that Model Laws were useful to modern states in various ways including setting of best practice and benchmarking since most of the standards contained therein had a universal bearing and provided a cheaper and optimum way of gaining technical capacity. Reaffirm the central role that National Parliaments play in upholding the rule of law and protecting constitutionalism through reviewing, debating and enacting legislation; and scrutinising government actions and holding the government accountable. SESSION II: PRESENTATION AND DELIBERATIONS ON THETHEME: “PEACE, SECURITY AND CONFLICT TRENDS IN THESADC REGION: STRENGTHENING PARLIAMENT’S ROLE INCONFLICT PREVENTION AND MANAGEMENT.’’
Presentation by the Director of the SADC Organ, Mr Jorge
Cardoso
In his presentation, Mr Cardoso stated that the SADC region continued to enjoy sustained peace, security and a stable political environment despite low level political intra-state tensions and the emergence of acts of terrorism in a few Member States. He indicated that SADC had deployed its Standby Force – the SADC Mission in Mozambique (SAMIM) – to quell the terrorism threat in Cabo Delgado. Similarly, SADC had deployed the Force Intervention Brigade (FIB), in support of the United Nations Organisation Stabilisation Mission (MONUSCO), to counter the negative forces in the Democratic Republic of Congo (DRC). The Director also informed the meeting that, as part of its long-term strategy towards durable peace, SADC was also strengthening Member States’ mediation-support capacities for peaceful resolution of intra-state conflicts, providing capacity building for conflict prevention and preventative diplomacy mechanisms, and bolstering the national Infrastructures for Peace. This he said would guarantee SADC’s preparedness for pro–active responses to conflict situations, thereby enabling the fulfilment of the regional integration agenda espoused in the SADC 2050 vision and the Regional Indicative Strategic Development Plan (RISDP) 2020-2030.
The Director highlighted the importance of establishing Infrastructure for Peace (I4P) in communities by ensuring the establishment of effective institutions, processes, policies, and constructive relationships that contribute to peace building. In this regard he commended Member States for having established different Peace Infrastructures, including local peace committees; national peace platforms; government departments or ministries that support and develop strategies for peacebuilding; conflict analysis and early warning and response systems; development of conflict management skills including through insider mediators; as well as policies and initiatives promoting a shared culture of peace
Mr Cardoso observed that Parliaments served not only as platforms fordialogue, unity and reconciliation but also played a vital role in conflictprevention and resolution. He emphasised that SADC PF was one of the keystrategic institutions forming SADC’s regional I4P.
The Director indicated that SADC had since 2020, embarked on a mappingexercise for regional and national I4Ps to assess the human, technical andfinancial capacities and challenges of regional and national I4Ps inpeacebuilding, conflict prevention and resolution. Eight (8) Member Stateshad since been covered, namely DRC, Lesotho, Malawi, Mozambique,Namibia, South Africa, Zambia and Zimbabwe. Mr Cardoso informed themeeting that the regional mapping exercise had revealed that SADC PF wasan important I4P – not only was it a representative institution for the SADCcitizenry but it also served as a valid interlocutor for the political andsecurity needs and aspirations of citizens. SADC PF also brought nationalParliaments together across political party lines and national boundaries inpursuit of strengthening SADC’s capacity to address peace and security issues. SADC PF had also been most visible through its involvement inelection observation missions and active promotion of electoral standardssuch as contained in the SADC Model Law on Elections, to mitigate the risks of electoral related conflicts.
The Director urged SADC PF to consider building upon its current portfolioon the role of Parliament in conflict prevention and management bydeepening perspectives on the following critical issues:
(i) Empowering national Parliaments as actors in conflict prevention,mediation and post-conflict recovery;
(ii) Promoting the involvement of national Parliaments in conflictprevention and the silencing of guns;
(iii) Enhancing the legislative and oversight capacity of nationalParliaments to prevent and manage conflicts and/or electoral violence;
(iv) Strengthening collaboration with civil society organisations to respondto the challenges of gender-based violence (GBV) in the region;
(v) Sharing knowledge and lessons learned; and
(vi) Facilitating the participation of Members of Parliament in mediationand conflict analysis skills trainings offered by the SADC Secretariat and other organisations, in order to strengthen support to mediationprocesses in the region.
SADC PF was also urged to consider promoting awareness among citizens and their representatives regarding regional protocols related to the prevention, combatting and eradication of the illicit manufacturing offirearms, ammunition and other related materials which are linked to drugtrafficking, terrorism, transnational organised crime, mercenary and otherviolent criminal activities. The Director proposed the development of ModelLaws in these areas as it would help to combat contemporary threats ofproliferation of small arms and light weapons (SALW) in the SADC regionand promote best practices and standards for prevention and combatingillicit proliferation, circulation and trafficking of firearms, ammunitions andrelated materials.
Regarding the transformation of the SADC PF into a SADC Parliament and its roadmap which were approved by the SADC Summit on 17 August 2021 in Malawi, the Director explained that a Protocol stipulating the composition, powers, functions and procedures of the Parliament would be drafted and the SADC Treaty would be amended to enable the Regional Parliament to become a SADC institution. Mr Cardoso celebrated the historic decision and added that it provided a solid foundation for collaboration between SADC PF and other SADC institutions towards strengthening the region’s capacity to sustain peace and prevent or manage conflicts and ensure political and security stability, and consolidation of democracy. He also explained that the establishment of the SADC Parliament would amplify the voice of ordinary citizens into the regional integration process. The Director further implored the region to prioritise building a critical mass of cross-sectoral mediators, conflict analysts and facilitators at national and regional levels so as to strengthen SADC’s peace and security architecture in the long term.
Presentation by Ambassador Said Djinnit, Senior PoliticalPresentation by Ambassador Said Djinnit, Senior PoliticalAdvisor, ACCORD and Former African Union Commissioner forPeace and Security
Ambassador Djinnit congratulated SADC PF and national Parliaments forAmbassador Djinnit congratulated SADC PF and national Parliaments forthe milestone of having reached the Golden Jubilee Plenary AssemblySession. He explained the nexus between democratisation, governance andhuman rights on one hand conflict prevention and management on theother, and added that bad governance, disregard for human rights, failure toconsolidate democracy, and unconstitutional changes of governments,among others, constituted some of the triggers of the many violent conflictsand societal tensions that SADC and the African continent had witnessed.
The Ambassador observed that since the early 1990s, Southern African States had undergone substantial political transformations which had seen some of the countries shift from one-party states to multi-party democracies. He added that this had created fertile ground for the establishment of a rules-based governance system characterised by constitutional democracy and underpinned by regular free and fair elections, enjoyment of freedoms and rights and peaceful transfer of power. He however, pointed out that the changes had not been consistently smooth throughout the region as many countries were still struggling to entrench and institutionalise democracy and a culture of democratic practice was taking longer to evolve in some parts of the region.
Ambassador Djinnit also highlighted that some of the measures put in place to curb the spread of COVID-19 had subverted the work of democratization in the SADC region. For instance, the general lack of economic transformation in many societies in the region, and the economic destruction brought by COVID-19, had increased the already constrained economic opportunities. Consequently, political office, which came with financial rewards, had become a highly contested terrain, sometimes with violence which often contributed to national instability with a potential for regional spill-over effects.
The Ambassador also articulated how inequalities and poor governance, particularly of natural resources, had eroded social cohesion and triggered tensions and conflicts in communities where the exploitation of these natural resources had not transformed into economic development and job creation for the local people.
Ambassador Djinnit reiterated that regional parliamentary bodies such as the SADC PF ought to also consider and devise strategies to enhance the role of Parliamentarians in conflict resolution against the history of domination by the Executive and civil society, to the exclusion of Parliamentarians. He thus urged SADC PF to enhance its conflict prevention and peace building efforts across the region by, for instance, deploying information sharing and good will missions to the countries affected by conflicts or even tensions.
Presentation by Dr. Adane Ghebremeskel, Executive Manager -Presentation by Dr. Adane Ghebremeskel, Executive Manager -GIZ Peace, Security and Governance Project.
In his presentation Dr Ghebremeskel explained that there was convergence between the conventional roles of Parliament of representation, law making and oversight and their responsibility in conflict prevention. He explained that the representational role provided a platform where diverse interests and views of society could be articulated, leading to compromises. The compromises were formulated into laws and policies that were used by different societal actors as references to guide their behaviour. Subsequently, societal actors, especially the ones that acted on behalf of the state, had to be brought to account on what, why and how they acted on all public issues. He further explained that Parliament’s institutional arrangements and operational modalities had the rendered the institution optimally positioned to play a key role in conflict prevention and management through early warning and early responses.
Deliberations and Recommendations
During the subsequent deliberations, the Committee resolved to recommend to the Plenary Assembly to:
Commend SADC for deploying its Standby Force – the SADC Mission in Mozambique (SAMIM) – to quell the terrorism threats in Cabo Delgado and for deploying the Force Intervention Brigade (FIB), in support of the United Nations Organisation Stabilisation Mission (MONUSCO), to counter the negative forces in the Democratic Republic of Congo (DRC). Commend SADC for implementing various initiatives aimed at ensuring that the region continued to enjoy sustained peace and security and that Member States were politically stable. Urge SADC to ensure the implementation of a long-term strategy towards durable peace, including strengthening Member States’mediation-support capabilities, conflict prevention and preventative mediation-support capabilities, conflict prevention and preventative diplomacy mechanisms, and bolstering the national I4P. Encourage SADC to strengthen its preparedness for pro–activeresponses to conflict situations to enable the region to fulfil the regional integration agenda espoused in the SADC 2050 vision and the RISDP 2020-2030. Reiterate the importance of establishing I4P in local communities of Member States by ensuring the establishment of effective institutions, processes, policies, and constructive relationships that could contribute to peace building. Commend Member States for having established different Peace Infrastructures, including local peace committees; national peace platforms; government departments or ministries that supported and developed strategies for peace building; conflict analysis and early warning and response systems; development of conflict management skills, including through insider mediators; as well as policies and initiatives that promoted a shared culture of peace. Reaffirm the importance of Parliaments as I4P since they served not only as platforms for dialogue, unity and reconciliation but also as vital instruments for conflict prevention and resolution. Reiterate the centrality of SADC PF as a vital component of SADC’s regional I4P since it is a representative institution for the SADC citizenry and therefore, a valid interlocutor for the political and security needs and aspiration of the public and a symbol of political diversity. Commend SADC PF for being visible in its involvement in election observation missions and the active promotion of electoral standards such as those contained in the SADC Model Law on Elections, to mitigate the risks of electoral related conflicts. Encourage the SADC Secretariat to engage SADC PF and national Parliaments during the mapping exercise for regional and national I4P to establish a baseline regarding their human, technical and financial capacities and gaps in peacebuilding, conflict prevention and resolution. Urge SADC PF to consider building upon its current portfolio on the role of Parliament in conflict prevention and management by deepening perspectives on the following critical issues: (a) Empowerment of national Parliaments as actors in conflict prevention, mediation, and post-conflict recovery.
(b) Promotion of the involvement of national Parliaments in conflict prevention and the silencing of guns.
(c) Enhancement the legislative and oversight capacity of national Parliaments to prevent and manage conflicts and/or electoral violence.
(d) Strengthening collaboration with civil society organisations to respond to the challenges of GBV in the region.
(e) Sharing knowledge and lessons learnt for peer learning and benchmarking.
(f)Facilitation of the participation of Parliaments in mediation and Facilitation of the participation of Parliaments in mediation and conflict analysis skills through trainings offered by the SADC Secretariat and other organisations, in order to strengthen support to mediation processes in the region.
xii. Encourage SADC PF to sensitise citizens and their representatives regarding regional protocols related to the prevention, combatting and eradication of the illicit manufacturing of firearms, ammunition and other related materials which are linked to drug trafficking, terrorism, transnational organised crime, mercenary and other violent criminal activities.
xiii. Resolve to develop a regional Model Law on the Control of Small Arms and Light Weapons (SALW) to assist Member States in combating the proliferation of small arms and ammunition in SADC and promote best practices and standards to control the circulation and trafficking of firearms, ammunitions and related materials.
xiv. Welcome the approval of the transformation of the SADC PF into a SADC Parliament by the SADC Summit on 17 August 2021 in Malawi and add that this would pave way for enhanced collaboration between SADC PF and other SADC institutions in strengthening the region’s capacity to sustain peace and prevent or manage conflicts and consolidate democracy.
xv. Reiterate that the establishment of the SADC Parliament would also serve to amplify the voice of ordinary citizens in the regional integration process.
xvi. Urge SADC to prioritise building a critical mass of cross-sectoral mediators, conflict analysts and facilitators at national and regional levels to strengthen the region’s peace and security architecture in the long term.
xvii. Reiterate the need for SADC PF and other regional parliamentary bodies to devise strategies to enhance the role of Parliamentarians in conflict resolution against the history of a dominant role by the Executive and civil society, to the exclusion of Parliamentarians, through deploying information sharing and good will missions to the countries affected by conflicts or tensions.
CLOSING REMARKS
In his closing remarks, the Vice Chairperson of the Committee, Hon. Bergman thanked the Members of the Committee for their active participation. He indicated that the gaps between regional instruments and practices in Member States demonstrated the value of Model Laws as
instruments that could assist countries to embrace best practices, harmonise their legal frameworks, peer-learn, benchmark, and aspire for the golden standards therein. The Vice Chairperson also thanked the resource persons for insightful presentations which had empowered Members to utilise their powers towards preventing and managing conflicts. He expressed the Committee’s readiness to engage the SADC Secretariat to enhance the work of SADC PF and national Parliaments in conflict prevention and management.
There being no further business, the meeting was adjourned sine die at 13h20.
__________________________ ____________________
Hon. Jerónima Agostinho Sheuneni Kurasha
CHAIRPERSON COMMITTEE SECRETARY
MINUTES OF THE MEETING OF STANDING COMMITTEE ON DEMOCRATISATION, GOVERNANCE AND HUMAN RIGHTS (DGHR) HELD VIRTUAL ON 13TH OCTOBER 2021 UNDER THE THEME “THE ROLE OF PARLIAMENT IN PROTECTING CONSTITUTIONALISM AND THE RULE OF LAW IN SOUTHERN AFRICA: PROSPECTS AND CHALLENGES’’
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