Caros colegas/parceiros,

É com grande prazer que divulgo esta declaração aos augustos Parlamentos e parceiros do Fórum, tendo em vista a celebração do Dia Internacional da Rapariga a 11 de Outubro de 2021.

O Fórum Parlamentar da SADC associa-se plenamente à Resolução 66/170 da Assembleia Geral das Nações Unidas para comemorar este dia com vista a reconhecer os direitos das raparigas e atender aos desafios únicos com que são confrontadas em África e em todo o mundo. Um dos objectivos centrais do Fórum é proporcionar igualdade de oportunidades às raparigas na África Austral, de modo a que progridam no plano da educação, bem como na implementação de todos os outros direitos humanos, tal como acontece com os rapazes, e sem qualquer tipo de discriminação.

A Lei Modelo da SADC sobre o Casamento Infantil e o Modelo de Supervisão Sensível ao Género (GROM) são ilustrações não exaustivas das várias iniciativas tomadas pelo Fórum Parlamentar da SADC para capacitar as raparigas através de iniciativas parlamentares. Com o advento da Comissão de Supervisão das Leis Modelo Parlamentares Regionais (RPMLOC), que é o órgão específico do Fórum para monitorizar a Lei Modelo da SADC sobre o Casamento Infantil, o Fórum está prestes a dar início a um acompanhamento atento através de tabelas de desempenho parlamentar com o objectivo global de melhorar a situação e a qualidade de vida das raparigas em toda a SADC. A este respeito, o Fórum convida os seus parceiros de longa data a continuar a trabalhar com o Fórum com vista a interagir com sucesso com a RPMLOC e a fazer convergir os seus processos em benefício final das raparigas da região.

O Fórum também louva o tema da "Geração Digital". A Nossa Geração" escolhido em 2021 para comemorar este importante dia, uma vez que, de facto, as raparigas têm infinitas potencialidades a explorar a partir das possibilidades digitais que abarcam a terceira década do novo milénio. O mundo digital pode agir como catalisador para servir as nobres aspirações das raparigas. De facto, as raparigas na SADC representam o futuro da região: podem ser profissionais de sucesso, académicas brilhantes, mães carinhosas, inovadoras geniais na indústria, investidoras estratégicas, e muito mais. Seja qual for o caminho que escolherem, o Fórum compromete-se a acompanhá-las na sua jornada rumo à prosperidade.

Feliz Dia Internacional da Rapariga de 2021!

Atenciosamente,

Sra. B. Sekgoma, Secretária-Geral

Fórum Parlamentar da SADC

11 de Outubro de 2021

Dear Colleagues/partners,

It is with boundless pleasure that I release this statement to the Forum’s august Member Parliaments and partners in view of celebrating the International Day of Girl Child on this 11^th October 2021.  

The Forum fully associates itself with the United Nations General Assembly Resolution 66/170 to commemorate this day in view of recognising girls’ rights and addressing the unique challenges that they face in Africa and around the world.  One of the core objectives of the SADC-PF is give equal chances and opportunities to girl children in Southern Africa such that they progress in education as well as in the implementation of all other human rights, at par with boys, and without discrimination of any kind.

The SADC Model Law on Child Marriage and the Gender Responsive Oversight Model (GROM) are non-exhaustive illustrations of the several initiatives taken by the SADC-PF to empower girl children through parliamentary initiatives. With the advent of the Regional Parliamentary Model Laws Oversight Committee (RPMLOC), which is the Forum’s dedicated organ for monitoring the SADC Model Law on Child Marriage, the Forum is about to embark on close monitoring through parliamentary scorecards with the overarching objective of improving the situation and quality of life of girl children across SADC. In this respect, the Forum invites its longstanding partners to continue engaging the Forum in view of successfully interacting with the RPMLOC and aligning its processes for the ultimate benefit of girl children of the region.

The Forum also commends the theme of the “Digital Generation. Our Generation” chosen in 2021 to commemorate this august day as indeed girl children have endless potentials to tap from the digital possibilities that embrace the third decade of the new millennium. The digital world can act as a catalyst to serve the noble aspirations of girl children.  Indeed, girl children in SADC constitute the future of the region: they can be successful professionals, brilliant academics, loving mothers, ingenious innovators in industry, strategic investors, and so much more. Whichever path they will choose, the Forum commits to accompany them in their journey towards prosperity.

Happy International Day of the Girl Child 2021!

Yours sincerely,

Ms B. Sekgoma,Secretary General,

SADC Parliamentary Forum

11^th October 2021

Distinguished legal aid officials and participants,

It is with singular pleasure and satisfaction that I welcome you to this landmark Consultative Meeting on the SADC GBV Model Law. As you may be aware, this Consultative Meeting is being held after fruitful consultative meetings with all stakeholders in the legal fraternity – Indeed, the Forum has successfully garnered the views from judges and judicial officers, Magistrates, SADC lawyers and jurists, as well as prosecutors, to cite a few.

The fact that the Forum is today consulting with Legal Aid Officials demonstrates the depth of the Consultations engaged. Indeed, it would have been a missed opportunity not to engage Legal Aid officials who are themselves the custodians and guarantors of access to justice.

• Why is the consultation with Legal Aids Officials important?

It is trite that Legal Aid constitutes a gateway for access to justice for those who are at the bottom of the social ladder and cannot afford to pay court and counsel’s fees. This is compounded with the fact that unreported cases of GBV is often from the most vulnerable segment of society, and thus GBV complainants need to apply for legal aid to be able to adequately seize the court system, especially where civil matters are concerned.

In this respect, protection orders, occupancy orders or tenancy orders which are issued by the Court in the context of GBV offending are all involved with the legal aid process. In addition, in the criminal justice system, depending on the SADC Member State jurisdiction, legal aid can also assist GBV complainants who attend a police station without counsel. In short, legal aid comes at the rescue of those who cannot pay for their own legal fees.

In the context of the GBV Model Law, the Forum wanted to ensure that the Model Law contains sufficient legal aid provisions to assist GBV complainants, victims, or other GBV stakeholders, hence this engagement of paramount importance with you today.

• Legal aid and human rights

Having said the above, I would like to give some insight into the linkages between the Forum’s mandate and the provision of legal aid in SADC Member States.

As you may be aware, the Forum has clear objectives to promote a culture of human rights and to ensure gender equality in accordance with its Strategic Plan (2019-2023). While GBV is a clear infringement of several human rights such as the right to health, physical integrity, and the prohibition of torture and inhuman treatment, access to justice is equally another human right. Access to justice refers to prompt access to the court system through affordable avenues and with limited delay to obtain redress.

Thus, while eradicating GBV and implementing human rights, the Forum needs to consider all relevant human rights comprehensively, through a purposive approach.

At the same time, the Forum as an institutional organ of the SADC stands guided by the SADC Regional Strategy for GBV (2018-2030). The Regional Strategy has earmarked the need for a human rights compliant legal framework for GBV that could assist GBV victims in all SADC Member States.

The initiative of the Forum to prepare and implement the SADC GBV Model Law thus marks the convergence of several imperatives and priorities which have ripened over the years both regionally and at the national level. Additionally, the Model Law is a continuation of commitments taken through the Abuja Declaration, Sustainable Development Goal 5 as well as the AU’s Africa Agenda 2063. The Forum is thus threading on the right path of implementation of human rights and addressing its obstacles when it is weaving the issue of legal aid into the GBV discourse and reflecting same in its flagship Model Law.

• What does the     Forum       expect          from       Legal    Aid Officials

Distinguished Legal Aid Officials and participants,

Before I end, I wish to share a few pointers to guide today’s session. During this session, you are encouraged to interact openly and frankly with the Legal drafter and the facilitator.

You may wish to consider whether and to what extent should legal aid apply in the realm of GBV, and if it does apply which areas of the Model Law need to be revisited to ensure that legal aid is available to GBV complainants.

Furthermore, there is a need to provide for a means test for legal aid which would give a framework for national jurisdictions to consider. Since the SADC Model Law is a benchmarking legal instrument which will remain as a yardstick for SADC Member Parliaments, specific figures in the means test need not be given. Yet, parameters for legal aid may be considered in view of assisting Member Parliaments in the legislative process to devise a means test. For instance, it is now well known that considering income of an individual alone is not sufficient for legal aid, and that both income and assets are to be considered. Yet, there is a need to ascertain how to consider both income and assets and set parameters for same in a way which is human rights friendly and does not unduly prejudice meritorious applications for legal aid. This balancing exercise would thus be an important consideration for legal aid officials as they consider the provisions of the Model Law and devise a means test that could be used as a broad benchmark.

Having given the above essential pointers, I thank you again for your attendance today and wish you all a pleasant session.

Thank You.

Ms B.Sekgoma, Secretary General,

SADC Parliamentary Forum 8th October 2021

**

Keynote Address 4^th October 2021 Justice Zione Ntaba

Good morning, I bring you greetings from the Warm Heart of Africa, Malawi. A country blessed with beautiful people, rolling hills, thirst quenching rivers and an amazing lake, fondly called the Lake of Stars or the Calendar Lake. We look forward to your visit.

Let me first say, that is it is great to be among a set of people in the legal profession who I enjoy interacting with, being a former prosecutor myself. It is therefore an honour to address you at this SADC Gender-Based Violence (GBV) Model Law Consultative Meeting for Prosecutors from SADC Member States being held virtually. It is important to note that these consultative meetings are happening at a highly appropriate time right now on the African continent as every country is continuing to grapple with gender-based violence and its impact on the population as well as its economic prosperity and development for its people. Therefore, my keynote address is suitably placed in this discussion that Africa needs to have at this point but more so for the SADC countries which have their own unique issues in terms of gender-based violence.

Let me state from the onset that I find the objectives of the consultative meeting, exciting and extremely important as the issues you aim to achieve are very fundamental for gender and women’s right across Africa. It should be indicated at the beginning that there will be a lot of discussion on women and girls in this address. It is evident that even in the 21st Century, research has shown that most sectors continue to move at a glacial pace in terms of bringing women and girls into a position of achieving highest development but more so the enjoyment and promotion of their human rights.

Estimates published by WHO in March, 2021¹ indicate that globally about 1 in 3 (30%) of women worldwide have been subjected to either physical and/or sexual intimate partner violence or non-partner sexual violence in their lifetime. Further that most of this violence is intimate partner violence. Worldwide, almost one third (27%) of women aged 15-49 years who have been in a relationship report that they have been subjected to some form of physical and/or sexual violence by their intimate partner. Incidentally that violence against women and girls particularly intimate partner violence and sexual violence is a major public health problem and a violation of women's human rights. Therefore, as prosecutors we should be very concerned and be working on ensuring that we reduce these numbers.

Distinguished prosecutors, I have gone through the draft SADC Model Law and wish to applaud the SADC Parliamentary Forum for having taken on this task which is critical and

pivotal in the justice sector. Most of us hail from countries that have Constitutions that emphasize human rights including mine where under section 19, it provides for the inviolability of human dignity. It prohibits torture, cruel, inhumane and degrading treatment. Gender based violence bears the marks of torture, and is also, under various circumstances, cruel, inhumane and degrading. The invasion of the body in sexual offences contrary to the victim’s wishes often leaves the victim traumatized, both physically and psychologically violated. It is a fact that consequences of gender-based violence means unproductive citizens and this equates to a lack of development for the citizen, nation and continent as a whole.

It is therefore imperative that as SADC we move and embrace new ways of handling gender- based violence. The words of Gubbay JA in Banana v State² are very poignant and speak to the need to adjust especially in dealing with issues in the gender-based violence context. He stated that in present day society, there was no rational reason to apply the archaic cautionary rule in cases of a sexual nature. This followed changes in neighbouring jurisdictions like South Africa and Namibia. Gubbay JA quoted with approval the Namibian judgment, S v D & Anor³ in which the following was said: "in the end only one test applies, namely, was the accused's guilt proved beyond reasonable doubt, and the test must be the same whether the crime is theft or rape" Gubbay JA went on to quote, again with approval, the South African judgment in S v Jackson⁴, in which the following was said: "In my view, the cautionary rule in sexual assault cases is based on an irrational and outdated perception. It unjustly stereotypes complainants in sexual assault cases (overwhelmingly women) as particularly unreliable. In our system of law, the burden is on the State to prove the guilt of an accused beyond reasonable doubt - no more and no less.”

I am, therefore, particularly pleased that this meeting affords us an opportunity to share knowledge and experiences on this very important topic and in the process build a body of knowledge that can be used to perfect the draft model law. However, it will be remiss of me, if I do not pick out a few areas in the model law which in my opinion need further examination especially taking into consideration, the role of prosecutors in the criminal justice space.

Recently, the Covid pandemic has resulted in many of our countries registering alarming incidences of gender-based violence. The model law has included a very critical area which several the SADC jurisdictions has very little legislation on, that is, the concept of femicide. WHO states that globally as many as 38% of all murders of women are committed by intimate partners. The model law only highlights femicide under the definition part but fails to expand it in terms of the legislation or offer enough insight to the various countries on how to adopt and adapt the model law.

The model law fails to provide parameters for prosecution institutions in dealing with femicide including prioritization of prosecuting such cases, charging aspects to mention a few.

It should be noted that femicide especially in honor killings or domestic situations needs to have a different focus in terms of prosecution policies in our various countries and the model law needs to ensure such is properly highlighted.

Let me take this opportunity to also buttress a critical issue which needs to be fully embraced and noted in the model law. This is in terms of implementation of the law itself especially as it relates to prosecution which goes beyond the training envisaged in section 72 of the draft model law as it relates to the concept of re-victimization. The law needs to address re- victimization to be one beyond access to justice but to one envisaged as an extension of the medical ‘first do no harm’ principle. Further that such should be addressed across the gender- based violence continuum of a victim. Whilst in terms of prosecution, this should include the parameters (policies or otherwise) to be addressed and ensured – pre, during and post prosecution.

Carmichele v Minister of Safety and Security and another⁵ buttresses the importance of prosecution doing their duty. The High Court and the Constitutional Court held that the common law of delict required development to reflect the constitutional duty on the State especially, the police and the prosecution, to protect the public in general, and women, against the invasion of their fundamental and guaranteed rights by the culprits of violent crime. The Court held the Minister liable, in a case of rape, for negligence because the State did not take measures to protect the victim including the prosecutor who had failed to inform the presiding officer that the accused had previously physically assaulted the victim so that he was not afforded bail.

Similarly, Mexico's Supreme Court issued a historic order where the Court analyzed the conduct of each public servant involved in a murder case and revealed how the absence of a gender-sensitive approach had led to human rights violations of the victim, Mariana Lima, the deceased as well as her mother. The court also issued legal protection for Irinea Buendía, the deceased’s mother. Eventually, Julio César Hernández Ballinas, the husband was arrested since the order required México state authorities to reopen the case but also to conduct the investigation "from the perspective" of femicide, or the murder of a woman by a man for reasons related to her gender⁶.

It can be said that Courts have played and continue to play their part in protecting women’s rights. They have consistently highlighted that women and girls continue to face numerous inequalities but also vulnerabilities to their wellbeing and safety. On the African continent, this is worsened due to the patriarchal nature of our society. It is my belief that most courts are moving towards gender responsive judging as well as service delivery, therefore it is critical that prosecutors also inherently adopt policies, systems and processes that are gender responsive as they can affect the delivery of justice if they do not.

Lastly, it is recognized that our courts have made significant strides in the jurisprudence involving women and girls in terms of gender-based violence, however there is some gap when it comes to men and boys who are faced with gender-based violence. Therefore, the issues of gender responsiveness are critical. Consequently, the model law needs to also address aspects of this in terms of how the system is viewing incidences of violence perpetrated against men and boys. Internationally despite the context being highlighted is conflict times related, the significance cannot be underplayed. In the case of The Prosecutor v Bosco Ntaganda⁷ which concerned the Forces Patriotiques pour la libération du Congo (FPLC), an armed group comprised of people from the Hema ethnic group, which was a party to the 2002-2003 DRC conflict. It was recorded that at the pre-trial and trial stage, the Defence sought to have the charges of sexual violence against FPLC child soldiers excluded on the basis that the alleged conduct could not be a war crime because the putative victims and perpetrators belonged to the same military force. However, the Appeals Chamber rejected that argument, and confirmed that the rape and sexual enslavement of child soldiers by their commanders can indeed constitute war crimes under the Rome Statute. The Trial Chamber held that the OTP proved several of the allegations of rape and sexual slavery against child soldiers beyond reasonable doubt, and that Ntaganda bears individual criminal responsibility for those crimes. It also convicted Ntaganda for acts of rape and sexual slavery committed by FPLC troops against non-Hema civilians (both male and female). Furthermore, in addition to those sexual violence crimes, Ntaganda was convicted of conscripting and enlisting child soldiers, using them to participate actively in hostilities, attacking the civilian population, murder and attempted murder, persecution on ‘ethnic’ grounds, forcible transfer, and displacement, attacking protected objects, pillage, and destruction of property. Therefore, he was held responsible for these crimes as a direct perpetrator and indirect co-perpetrator under Article 25(3)(a) of the Rome Statute. Accordingly, there is need for prosecutors in the SADC region to note that there is mounting evidence that gender-based violence committed against men and boys needs to be receiving increased attention.

Access to justice remains a key pillar towards the eradication of violence against women and girls. It contributes to break the circle of violence, provide adequate reparation to victims, and transform the circumstances that make women and girls vulnerable to violence. Enhancing the efforts of prosecutors as part of key justice responders in protecting the rights of women and girls is essential and the model law must do so.

It is important to highlight that we must continue to be determined in terms of promotion and protection of the rule of law with a special emphasis on advancing human rights of everyone but more so women and girls who continue to be vulnerable, despite a lot of efforts. Justice dispensation is a collective determination and effort of every person in the sector. Justice must be transformative and must have a Human Rights face. It is therefore imperative that prosecutors across SADC should be strategic and harnesses all its resources.

We nonetheless commend our legislators for taking such a huge and bold step. It gives us Judiciaries as well as prosecutors, a good basis for expanding the laws on gender-based violence in our various jurisdictions. It offers prosecutors opportunities to go beyond the criminal justice space including advising victims on other possible actions available like taking the civil route in addition to the criminal justice route to redress human rights violations. The need to protect women and girls as well as men and boys from unwanted violence cannot be overemphasized when we talk of gender equality including women’s rights. We must be present.

In conclusion, let me leave you with the words of the Dalai Lama who said peace can only last where human rights are respected, where the people are fed, and where individuals and nations are free. We must remain ready; we must be vigilant but more so ready to reduce the inequalities but also to prosecute with vigour gender-based violence cases in our countries.

I wish you a wonderful consultative meeting and as well wish you well as you continue to help eradicate gender-based violence across the SADC region.

Keynote Address - Justice Zione Ntaba - The SADC Gender-Based Violence (GBV) Model Law Consultative Meeting for Prosecutors from SADC Member States

Honourable Members, Ms Boemo Sekgoma-SADC PF Secretary General, and the Secretariat, it’s a great honour for me to make a closing statement for our meeting.

Honourable Members, I am delighted to note that as a Committee we have been able to meet virtually and   hold our meeting as planned, and let me take this opportunity to thank the secretariat for their effort to facilitate the holding of this meeting  

Honourable Members, during this meeting, though short, the Committee has discussed a number of crucial issues in relation to the implementation of the SRHR HIV/AIDS and Governance Project, and a report will be prepared for presentation to the Plenary Assembly.

Honourable Members, let me also express my sincere gratitude to our secretariat for updating the committee on the project implementation. The Presentations were quite informative, and consequently as a Committee we have learnt quite a lot and we now have a clear picture on how the project is being implemented.  

Honourable Members, without wasting much of your time, let me declare the meeting closed and wish you safe stay.

Thank you all, Honourable Members

Closing Remarks by the Chairperson of the HSDSP Committee Honourable Bertha Ndebele MP, 16 April 2021

PRESENT

• Bertha M. Ndebele Malawi (Chairperson)
• Luisa Damiao Angola
• Ts’epang Ts’ita Mosena Lesotho
• Jerónima Agostinho        Mozambique
• Nkhensani Kate Bilankulu South Africa
• Lucien Rakotomalala Madagascar
• Maria Langa-Phiri Zambia
• Joyce Makonya Zimbabwe

ABSENT  WITH APOLOGY

• Hon Ashley Ittoo Mauritius
• Hon Sebastian Karupu Namibia
• Hon Jamal K Ali Tanzania
• Hon Terence Mondoni Seychelles

SECRETARY

• Mr Dennis Gondwe, Secretary SADC PF Secretariat

IN ATTENDANCE

• Boemo M. Sekgoma Secretary General
• Ms Jabulile Malaza Eswatini
• Ms Agnes Lilungwe SADC PF Secretariat
• Trudi Hartzenberg Executive Director, Trade Law

Centre (Resource Person)

The meeting was called to order at 09:15 hours.

AGENDA

• Credentials of Delegates and Apologies.
• Welcome Remarks by the Chairperson.
• Adoption of Agenda.
• Consideration of Minutes from the previous Meeting held at Southern Sun Hotel O.R. Tambo International Airport, Johannesburg, South Africa on 10^th March 2020, ahead of the 47^th Plenary Assembly Session.
• Noting of the COVID-19 Guidelines Released to National Parliaments and Consideration of the Adaptive Strategy for the Forum concerning the linkage between SRHR and COVID-19
• Commemoration of the International Safe Abortion Day 2020
• Presentation on the socio-economic impact of COVID-19 on the SADC Region
• Closing Remarks by the Chairperson

CREDENTIALS OF DELEGATES AND APOLOGIES

Apologies were recorded from the national Parliaments of Botswana, Namibia, Mauritius, Seychelles and Tanzania. 8 out of the 15 Member Parliaments were present. Accordingly, the meeting was deemed to be properly constituted.

ADOPTION OF AGENDA

The draft Agenda was adopted without amendments on a motion by Mozambique and seconded by Zimbabwe.

 WELCOME REMARKS BY THE CHAIRPERSON

In her welcome remarks, the Chairperson, Hon Bertha Ndebele, recalled the meeting of the 10^th March 2020 held in Johannesburg, South Africa, where the HSDSP Committee had deliberated on a number of issues, including the implementation status of the second phase of the SRHR, HIV and AIDS Governance Project which fell under the Committee’s oversight ambit, the proposal for the development of the Model Law on Public Financial Management and the recruitment of the Programme Manager for the HSDSP and GEWAYD Standing Committees. In the same meeting, the Committee had also requested to be briefed on the impact of the COVID-19 pandemic on the SADC Region hence the inclusion of the said briefing on the agenda of this meeting. Hon. Ndebele commended the Secretariat for securing a resource person to sensitize the Committee on the impact of the COVID-19 pandemic which was adversely affecting not only the Region but the entire globe. To that end, the meeting was being held under the current and relevant theme, “The need to adapt to COVID-19 and streamline response measures taken in the view of uplifting the SRHR Agenda of SADC Member Parliaments.”

Hon. Ndebele noted that in line with its Vision of standing as “the flag-bearer of democratization and socio-economic development in the SADC Region” the SADC PF had proactively developed and released COVID-19 Guidelines for National Parliaments to assist them to respond to the pandemic in a harmonized, rights-based manner. The HSDSP Committee, as the Committee directly responsible for championing human and social development issues at the Forum was thus duty bound to consider the Guidelines as well as the adaptive strategies and, where necessary, provide direction in the implementation of the same given the differential impact of COVID-19 on SRHR in the different Member States. It was thus imperative that the Members of the HSDSP Committee be capacitated on the impact of the pandemic and possible response strategies as this would enable them to spearhead debate at the Forum and in their national Parliaments.

CONSIDERATION OF MINUTES OF THE PREVIOUS MEETING HELD AT SOUTHERN SUN HOTEL O.R. TAMBO INTERNATIONAL AIRPORT, JOHANNESBURG, SOUTH AFRICA ON 10^th MARCH 2020, AHEAD OF THE 47^TH PLENARY ASSEMBLY SESSION.

The Committee considered the minutes of the previous meeting, and the following corrections were made:

• That on page 1, the name of Hon. Maqelepo be removed on the list of those absent with apologies;
• That on page 5, Item 5.1 first sentence the word ‘including’ be replaced with ‘namely’
• That on Page 5 on the table reflecting SRHR Researchers the spelling of the name of the SRHR Researcher appointed by the Parliament of Lesotho be corrected to “Ntsoaki Chabeli”
• That on page 6 Item 5.2 be rephrased to ‘each staff member’
• That on page 10 Item 7.0 be rephrased to “…the Secretary General provided the link to the WHO website for more information”

On the motion by Mozambique and seconded by Zimbabwe the minutes of the previous meeting held on 10^th March 2020 were adopted as a correct record of proceedings subject to the afore stated amendments.

MATTERS ARISING FROM THE MINUTES OF THE PREVIOUS MEETING, HELD AT SOUTHERN SUN HOTEL O.R. TAMBO INTERNATIONAL AIRPORT, JOHANNESBURG, SOUTH AFRICA ON 10^TH MARCH 2020, AHEAD OF THE 47^TH PLENARY ASSEMBLY SESSION.

There were no Matters Arising from the Minutes of the previous meeting.

NOTING OF THE COVID-19 GUIDELINES RELEASED TO NATIONAL PARLIAMENTS AND CONSIDERATION OF THE ADAPTIVE STRATEGY FOR THE FORUM CONCERNING THE LINKAGE BETWEEN SRHR AND COVID-19.

The Secretary General briefed the meeting that in line with the Forum’s Vision of being ‘the flag-bearer of democratisation and socio-economic development in the SADC Region,’ it was imperative for Member Parliaments and Members of the SADC PF to keep abreast with contemporary developmental issues, including strategies to counter and adapt to the COVID-19 pandemic which had been declared a disease of International Public Health Concern (IPHC) by the World Health Organisation (WHO). To that end, the SADC PF had come up with the Guidelines for National Parliaments to Address the COVID-19 Outbreak (Attached as Annexure 1) as a framework to buttress short and long-term interventions by national Parliaments and Governments in the region. The Guidelines were informed by public health principles contained in Model Laws that had been developed by the Forum, including the quest for Universal Health Coverage (UHC) which had been the theme of the 46^th Plenary Assembly held in Swakopmund, Namibia in December 2019, as well as international public health principles outlined by the World Health Organisation (WHO) among others.

The Guidelines were also predicated on Parliament’s role in mitigating the pandemic including, but not limited to, policy-making and enactment of legislation as well as budgetary oversight. To that end, the Guidelines provided pointers to Members on what they should look out for in fulfilling their legislative, policy and budgetary oversight and representative role in the fight against COVID-19 within the remit of UHC. This included embedding principles of equality, access to health care services, observance of human rights, protection and promotion of frontline staff and access to SRHR services which had become more prominent during the pandemic. For instance, cases of teenage pregnancies, gender-based violence, intimate partner rape and rape in general had increased while access to health care services such as cervical cancer screening and access to anti-retroviral treatment had also been seriously compromised. It was thus critical for Parliament to enquire into and deliberate on these issues as well as ensuring that budgetary allocations cover this broad spectrum of SRHR issues which had been heightened by the pandemic. The Guidelines thus provided a user-friendly one-stop guideline in looking at this whole gamut of SRHR related issues.

The Guidelines also outlined the possible adaptive strategies by national Parliaments and how Parliaments could streamline SRHR issues within these response initiatives. For instance, it was highly probable that national Parliaments would prioritise the enactment of COVID-19 related emergency legislation during the prevalence of the pandemic at the expense of any other legislation. It would be important, therefore, for Members to ensure that SRHR issues do not take a back seat during the pandemic given the upturn in SRHR indicators during the pandemic. Thus it would be prudent for national Parliaments to prioritise both SRHR and COVID-19 related legislation despite giving greater priority to the latter.

The Secretary General stated that over and above budgetary oversight, the Guidelines also provided for increased oversight on institutions and agencies of the State during the pandemic. It was just as important for national Parliaments to ensure prudential allocation and use of resources during this crisis period as it was for them to prevent arbitrary wastage of public funds. It would also be important for Parliaments to demonstrate inclusivity and an increased willingness to champion SRHR issues of communities and vulnerable groups during the pandemic. To this end, Members of the HSDSP Committee were expected to engage citizens at the community level to hear their concerns and report to the Committee on the same. Members were also implored to influence their Committees at the national level to adopt and implement the Guidelines and again report on what they had done in this regard at the next meeting.

In the ensuing deliberations, the Chairperson underscored the importance of the Guidelines particularly, their insistence on Members keeping tabs on SRHR issues during the pandemic. Hon. Ndebele confirmed that, indeed, teenage pregnancies had gone up exponentially in Malawi with the Ministry of Health confirming that the rate of teenage pregnancies had risen from 29% to 35% since March 2020. To that end, it was imperative for Members of the HSDSP Committee to internalise the Guidelines and the adaptive strategies and champion them in their respective national Parliaments.

COMMEMORATION OF THE INTERNATIONAL SAFE ABORTION DAY 2020

As part of belated commemorations of the International Safe Abortion Day held on 28^th September 2020 under the theme, “Telemedicine, self-managed abortion and access to safe abortion in the context of COVID-19 pandemic,” the Committee was treated to an illustrative video which highlighted the prevalence of unsafe abortions and their negative impact on women and girls in the region. The video revealed that, though most countries in the Region were averse to legalising safe abortion, one (1) in every four (4) pregnancies in Southern Africa ended in abortion while sixteen thousand (16 000) women die each year from abortion related complications. 74% of unsafe abortions ended in death and the reasons for unsafe abortion varied from rape to unmet needs for contraceptives as well as poverty.

However, these fatalities could be avoided if women and adolescent girls are given unrestricted access to safe abortion services and contraceptives. Instead, girls and women have had to suffer the ignominy of stigma and ostracism that often comes with unsafe abortion let alone the trauma and lifelong internal injuries associated with the same. Unsafe abortions were also impacting negatively on the development of women and adolescent girls in the Region as the victims are often forced to drop out of school due to stigmatisation and thus miss out on economic opportunities. In this regard, unsafe abortions have adverse economic consequences for governments and the public health system as the cost of having safe abortions was estimated to be less than a tenth of the cost of caring for women after abortion. Additionally, loss of income and the cost of recovery from unsafe abortions exerted a major financial burden on families, communities and the public health system.

Restrictive policies and legislation were the major stumbling block to safe abortion and unrestricted access to contraceptives. Even in cases where safe abortion is permissible, other barriers such as the distance to the health care service centre, lack of information on safe abortion, social norms and cultural practices that perceive abortion as taboo and sinful and stigma drove women and adolescent girls underground into unsafe abortion practices. Governments and Parliaments in the SADC Region thus had it within their power to stem the growing tide of unsafe abortions and save lives by:

• Enacting progressive SRHR policies and legislation that promote safe abortion and access to contraceptives.
• Speaking out against stigma, social norms and cultural practices that force women and adolescent girls to opt for clandestine unsafe abortions.
• Educating health service providers on ethical conduct that is non-judgemental and supportive of safe abortion.
• Enhancing access to sexual and reproductive health information.
• Lobbying for the implementation of Comprehensive Sexuality Education to prevent early and unwanted pregnancies

Making abortion legal and accessible would thus improve the lives of communities by reducing maternal mortality and morbidity, keeping the girl child in school and increasing sexual and reproductive health outcomes. Consequently, putting policies in place that expand access to safe abortion would lower health care costs and achieve Sustainable Development Goals.

The Committee noted and acknowledged the need to promote safe abortion in the SADC Region by enacting enabling legislation and policies. The Committee recognised that in the absence of enabling legislation unsafe abortion would continue unabated and the Region would continue to lose the potential human capital resident in women and adolescent girls.

PRESENTATION ON THE SOCIO-ECONOMIC IMPACT OF COVID-19 ON

THE SADC REGION: TRUDY HARTZENBERG, EXECUTIVE DIRECTOR, TRADE LAW CENTRE

 Ms Hartzenberg prefaced her presentation by acknowledging that the COVID-19 pandemic had affected everyone, some more closely than others, and had changed the way we live, the way we relate and the way we do business. She asserted that the COVID-19 pandemic was a health crisis in the first instance which had morphed into a global economic crisis and a developmental crisis for Africa. This had been exacerbated by Africa’s vulnerability to crises due to the continent’s fragile health systems, the largely informal economies and a heavy reliance on tourism and trade which were adversely impacted by the closure of borders. COVID-19 had thus exposed existing vulnerabilities, inequalities and exclusions and unearthed new ones. The pandemic had brought to the fore the need for Africa and the region to review its national, regional and continental development priorities as well as the importance of regional integration, regional co-operation and collaborative regional responses in addressing the COVID-19 pandemic and any other crises that may arise in future. It was thus important to review some of the response initiatives that countries in the region had taken with a view to galvanising reconstruction, recovery and building resilience.

The presenter noted that from the time the first case was discovered in Egypt on 14^th February 2020, African countries had stepped up their capacity to test and trace cases of infection. In that respect, African countries had proven that in a short space of time they could develop their capacities and strengthen their health care systems- a positive development which Africa and the region should build on for future resilience.

In terms of national emergency response measures, the presenter noted that most countries either declared the pandemic a state of emergency or a national disaster, both of which are governed by national constitutions and are subject to Parliamentary oversight. These declarations were both legitimate and appropriate and allowed States to muster the resources necessary to fight the pandemic timeously. However, it must be noted that some of the emergency measures, including national lockdowns, had had a severe and lasting impact on the economies of SADC countries in terms of income generation and employment. An increasing number of people had lost their livelihoods, among them cross border traders who were mostly women, tour operators, small and medium enterprises. It was thus urgent and imperative for policy-makers to start factoring this into the planning process for post-COVID recovery and job creation.

Ms Hartzenberg also reminded the Committee that the rule of law is no suspended during states of emergency/national disasters. It was, therefore, the role of Parliament to ensure that the rule of law is observed and further that the measures adopted are legitimate and appropriate within the ambit of the state of emergency. The presenter highlighted that national emergency measures do not only impact on the national territory but can go further to adversely affect neighbouring countries. For instance, the closure of a border has an immediate impact on neighbouring countries particularly in view of the configuration of the SADC Region which has a number of landlocked countries. This impacts on trade routes and renders access to food supplies difficult thus making food security a major concern. Access to medicinal requirements and Personal Protective Equipment (PPE) was also disturbed by the closure of borders. Additionally, international agreements, among them, Article 9 of the SADC Protocol on Trade, allow for exceptions during states of emergency and enable countries to place restrictions on exports while allowing imports by, for example, lowering import duty on certain goods. However, when governments entertain these measures they recognise the impact that it will have but the measures are adopted to protect the interests of their citizens even if they have an impact beyond their national jurisdiction or boundaries. Thus the pandemic also affected trading across borders.

On a positive note, the COVID-19 pandemic had enhanced the use of information and communication technology. The presenter noted that some countries had begun accepting e-certificates of origin in payments, e-certificates for standards and communicating digitally to expedite decisions and facilitate trade. The lesson to be learnt was that if digital trade solutions work in the Region during the time of the pandemic, then there was need to seriously consider adopting them post-COVID as they bring significant cost and time savings and reduce the transaction cost of doing business which disproportionately impacts SMEs. However, the region must remain wary that digital trade is contingent upon network connectivity and energy security which the Region has to improve.

Conversely, the coronavirus had exposed Africa and the region’s vulnerability. The presenter pointed out that Africa as a continent is home to thirty-three (33) of the world’s forty-seven (47) least developed countries. Of those 33, fourteen (14) are landlocked which brings its own challenges while some are also small island countries which brings additional challenges. To this end, the budgets of the majority of nations had been stretched to the limit in attempting to mitigate the pandemic leaving them largely dependent on external support. While this support was welcome, the presenter cautioned that some of the support would only worsen the national debt post-COVID 19. This would have a bearing on reconstruction and recovery efforts. It was, therefore, important for Parliaments to closely monitor the national debt with a view to ensuring that it does not adversely affect the country’s resilience in future.

Ms Hartzenberg also flagged the strain that had been placed by the COVID-19 pandemic on diaspora remittances as one of the economic effects of the pandemic. She noted that in some countries, diaspora remittances make a significant contribution to financial inflows at the household and national level. As such they were critical for livelihoods and access to essential services and supplies. Regrettably, the World Investment Report predicted that foreign direct investment to African countries would decline by between 25% and 40% which is a very significant reduction particularly in view of the fact that most African countries did not generate enough savings to translate into domestic investment. National Parliaments were, therefore, duty-bound to initiate dialogue and find solutions to the heavy dependence on diaspora remittances going forward.

The presenter noted that though generally the statistics appeared to show that there was a greater infection rate among men than women in the SADC Region, there was an unfortunate dearth of statistics in relation to how the pandemic was impacting on women and girls at the household and national level. It was imperative, therefore, for solid, evidence-based research to be carried out to determine the economic and social impact of the pandemic on women and girls at the household and community level.

The pandemic had also resulted in a significant reduction in commodity prices on the international market due to a decline in demand resulting from the closure of borders and national lockdowns. For instance, the price of oil had gone down leading to a concomitant reduction in the price of fuel in some countries. Additionally, the pandemic had also culminated in an inevitable shrinking of the tourism sector and related downstream sectors by 3.3%. The Region’s recovery was thus inextricably tied to the recovery of the global economy.

True to the maxim that says “necessity is the mother of invention,” the pandemic had also exposed the ingenuity of business people and young people in the Region. UNICEF had launched a COVID-19 Design Innovation Challenge and youths from the length and breadth of the continent had responded positively with new products and new digital solutions. A case in point was the 23-year old Malawian national who had developed an offline mobile learning application. The majority of inventions were digital innovations which would put the Region at a competitive advantage on the global market post-COVID.

The presenter commended Regional Economic Communities (RECs) and the SADC PF for issuing Guidelines and recommendations to assist SADC countries in the fight against the pandemic. She noted that the Guidelines developed by the SADC PF, which called for co-operation among Member States, had been proactively issued in April, shortly after the outbreak of the pandemic, which demonstrated the Forum’s responsiveness to issues affecting the region. However, she noted with dismay that whilst the Guidelines provided a comprehensive reference point for adaptive strategies, the major drawback was that they were not binding on Member States and thus could not be enforced. She called upon the Committee to find ways of ensuring that the Guidelines are implemented.

In view of the foregoing impact of the pandemic, the presenter made the following recommendations:

• She called on Africa and the region to focus on enhancing its productive capacity by harnessing the intellect of students at universities and tertiary institutions to repurpose the Region’s productive capacity.
• She stressed the need for consultation, co-operation and a co-ordinated regional response in customs and border management, harmonisation of tariffs and trade facilitation, among other issues.
• She implored policy-makers in the Region to initiate discussions on post-COVID recovery, reconstruction and resilience. The discussions ought to centre on diversification and developing productive capacity, food security in terms of linking agriculture to industrial development, trade facilitation, development of the services sector, that is, health care, education, transport, communications, including digital health care solutions which remained untapped, and enhancing Governments’ capacity to respond to and manage crises.

In the ensuing deliberations, the Chairperson expressed the Committee’s appreciation to Ms Trudi Hartzenberg for an informative and eye-opening presentation. The Chairperson conceded that, indeed, the COVID-19 pandemic had thrown the spotlight on the need for SADC countries to work together in fighting the pandemic following the realisation that what affected one country was likely to affect its neighbours. To that end, the Committee undertook to use the presentation as an informative baseline in lobbying for the implementation of the Guidelines.

CONCLUDING REMARKS

In her concluding remarks, the Chairperson thanked the Secretariat for laying the groundwork for a successful meeting. She also reiterated the Committee’s appreciation to Ms Hartzenberg for taking time off her busy schedule to deliver an enriching and mutually edifying presentation. She averred that the information they had been given would allow the Committee Members to make evidence-based interventions during deliberations in their national Parliaments and at the Forum.

ANY OTHER BUSINESS

There being no further business to transact, the meeting adjourned at 12:12 hours.

Minutes of the HSDSP for the meeting of 16 October 2020

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REUNIÃO VIRTUAL DA COMISSÃO PERMANENTE SUBORDINADA AO LEMA «PELO APROVEITAMENTO DO TURISMO INTERNO EM TEMPOS DE PANDEMIA: O CASO DA PANDEMIA DE COVID-19 - O PAPEL DOS PARLAMENTOS»

RECONHECIMENTO DAS ENTIDADES PRESENTES NA SESSÃO

• Prezados membros da Comissão Permanente de Alimentação, Agricultura e Recursos Naturais;
• Boemo Sekgoma, Secretária-geral do FP-SADC;
• Nossos distintos Palestrantes;
• Distintos Participantes;
• Minhas Senhoras e meus Senhores.

É uma grande honra e privilégio desejar-lhes as boas-vindas a esta reunião da Comissão Permanente de Alimentação, Agricultura e Recursos Naturais.

Prezados membros da comissão, estamos reunidos para deliberarmos sobre a temática do «Aproveitamento do Turismo Interno em Tempos de Pandemia: O Caso da Pandemia de COVID-19 – O Papel dos Parlamentos.»

Como já é do conhecimentos dos ilustres membros da comissão, completamos mais de um ano desde o surgimento da pandemia de COVID-19. O mundo tem continuado a enfrentar muitos desafios socioeconómicos como resultado da pandemia. As restrições impostas pela COVID levaram à paralisação da economia mundial e do sector turístico. Esta pandemia tem tido, em especial, um impacto profundo sobre o sector turístico global. As restrições de viagens, as quarentenas e o fecho dos transportes levou a cerca de 22 por cento de redução das chegadas de turistas estrangeiros no primeiro trimestre de 2020, em comparação com 2019, e possivelmente até 60 a 80 por cento durante o resto do ano de 2020.^[1]

Prezados membros da comissão, segundo o Conselho Mundial de Viagens e Turismo, a pandemia de COVID-19 poderia cortar cerca de 50 milhões de empregos em todo o mundo na indústria de viagens e turismo.^[2] Importa assinalar que a indústria do turismo representa cerca de 10 por cento do produto interno bruto mundial.

Os desafios acima destacados são ainda agravados pelo facto de que os mercados-fonte do turismo da África tais como a China, os Estados Unidos da América e a Europa estão entre os países mais afectados pela pandemia. Estes países estabeleceram paralisações parciais e totais bem como outras restrições de deslocações.  Embora alguns especialistas estejam a postular que o turismo interno está a dar um impulso à recuperação de vários destinos turísticos, isto é apenas em parte, uma vez que não está a compensar pela queda da demanda internacional.

Mais projecções indicam que, na maior parte dos países, não é provável que o turismo volte aos seus níveis pré-pandemia até cerca de 2023. Isto pode ser até pior para a África, uma vez que os seus sectores de turismo e viagens são afectados de forma desproporcional pela pandemia, aliando-se a outros desafios socioeconómicos que foram precipitados pela pandemia. É bem possível que a África leve mais tempo a recuperar do que as outras regiões, principalmente devido à falta da demanda interna e intra-regional. O turismo pode também não ser uma prioridade para muitos governos africanos, uma vez que as preocupações por outros sectores tais como os cuidados de saúde, a pequena indústria de produção de bens e a agricultura poderiam ser mais imperiosas.  Como resultado, antecipa-se que o impacto sobre o sector turístico em África seja abrangente e de longa duração. A África Austral já está a sentir o impacto, e as Seicheles, as Maurícias, a África do Sul, a Zâmbia e o Zimbabwe, entre outros países, registaram quedas acentuadas de chegadas de turistas estrangeiros. A UNWTO tinha dado a conhecer que 100 por cento dos destinos no mundo continuam a ter restrições de viagens, e 72 por cento fecharam completamente as suas fronteiras ao turismo internacional.

Prezados membros da comissão, é absolutamente claro para todos nós que o turismo desempenha um papel fundamental nas nossas economias. O turismo contribui significativamente par o PIB, as receitas das exportações, o emprego, o investimento no capital humano e infra-estrutural dos países da SADC. Portanto, o turismo tem o potencial de ser um catalisador para a recuperação em muitos cantos da região.

Prezados membros da comissão, com empenho e dedicação, é possível que o turismo possa regressar aos níveis em que se encontrava antes da pandemia. A diversificação, a transição para modelos de turismo mais sustentáveis e o investimento nas novas tecnologias poderiam ajudar a dar corpo à recuperação. Esta é uma oportunidade para os respectivos Estados membros colocarem o turismo no centro das suas atenções e apoiá-lo. Além disso, as políticas e intervenções dos governos serão cruciais para a recuperação do sector turístico.

Cabe, portanto, aos países membros começarem a reexaminar os respectivos sectores turísticos no contexto da pandemia da COVID 19. É fundamental que trilhemos caminhos inovadores capazes de criar sectores turísticos sustentáveis e resilientes que possam aguentar mesmo em tempos de crises tais como a pandemia de COVID-19.

Prezados membros, como já foi aludido, muitos países da SADC prosperam graças aos turistas estrangeiros. A pandemia de COVID-19 só veio confirmar este facto. Presume-se também que o turismo internacional só vai recuperar depois da implementação efectiva de uma vacina. O desafio que os Estados membros estão a enfrentar actualmente é de saber como suster as operações e preservar os empregos até que a crise conheça um abrandamento. Nesta altura, e antes da plena implementação da vacina, a nossa esperança está depositada no turismo interno.

Antes do surto da pandemia, talvez alguns Estados membros tivessem tomado medidas deliberadas visando dinamizar o turismo interno. Consta também que alguns países membros tomaram medidas no sentido de mitigar o impacto da crise sobre o turismo.  Contudo, tendo em conta o impacto profundo que a pandemia da COVID-19 tem tido sobre o turismo na região da SADC, é imperativo que sejam tomadas medidas urgentes com vista a minimizar os impactos económicos. 

Compete, portanto, aos países da SADC começarem a repensar o turismo e concentrarem-se no aumento da promoção do turismo e de viagens intra-africanas. Isto vai servir como catalisador para impulsionar a recuperação e estimular o crescimento na indústria.

O papel dos parlamentares nesta questão é fundamental, uma vez que requer a adopção de políticas e a tomada de medidas legislativas que possam dinamizar o turismo interno. É também essencial que os parlamentos façam o lóbi em prol de mais dotações orçamentais destinadas ao sector turístico, para acelerar a recuperação.

Prezados membros da comissão, hoje temos o privilégio de contar com especialistas no nosso seio, e não tenho dúvida alguma de que, no fim da reunião, estaremos equipados com a informação que nos vai ajudar a propor recomendações que podem contribuir para a criação de sectores turísticos resilientes.

Tenho agora a honra e o privilégio de declarar a reunião da Comissão Permanente de Alimentação, Agricultura e Recursos Naturais oficialmente aberta.

Obrigado.

^[1]UNWTO (2020a), Barómetro do Turismo no Mundo, vol. 18, n.º 2, Maio

^[2]WTTC (2020), a pesquisa mais recente do WTTC mostra um aumento de 50% de empregos em risco nas Viagens & Turismo, Conselho Mundial de Viagens e Turismo (WTTC), pode ser acessado em: https://www.wttc.org/about/media-centre/press-releases/press-releases/2020

Alocução De Boas-Vindas Pelo Presidente Da Comissão Permanente De Alimentação, Agricultura E Recursos Naturais Do FP-SADC Sua Excelência André Leon Tumba