SADC Protocol on Politics, Defence & Security Co-Operation: briefing

Meeting report

FOREIGN AFFAIRS PORTFOLIO COMMITTEE
14 May 2003
SADC PROTOCOL ON POLITICS, DEFENCE AND SECURITY: BRIEFING

Chairperson: Dr ZP Jordan (ANC)

Documents handed out:
Explanatory Memorandum: SADC Protocol on Politics, Defence and Security Co-operation
SADC Protocol on Politics, Defence and Security Co-operation
Speaking notes for Ambassador JNK Mamabolo (Appendix)

SUMMARY
The Committee was briefed on the SADC Protocol on Politics, Defence and Security Co-operation, the aim of which is to encourage solidarity, peace and security among SADC member states. The Protocol emphasises the settlement of disputes through peaceful means. Members were concerned about the opportunities afforded to countries to intervene in problem states and also the capacity of member states to deal with their problems. The Department indicated that states who had not signed the Protocol was problematic and that there was currently no mechanism to allow intervention. Once the Protocols are fully operative the burden placed on individual states would ease but there was also a need to build the capacity of member states.

MINUTES
Briefing by Ambassador Mamabolo
Ambassador Mamabolo briefed the Committee on the ratification of the SADC Protocol on Politics, Defence and Security Co-operation. South Africa signed the Protocol on 14 August 2001. The main aim of the Protocol is largely to encourage solidarity, peace and security among the SADC member states through closer co-operation in the fields of politics, defence and security. The Protocol furthermore emphasises peaceful settlement of disputes.

Mr Mamabolo indicated that in terms of Article 3 of the Protocol a chairperson would be elected by the Summit to head the Organ. Such a person should not be the Summit Chair. He also indicated that the Troika shall be constituted by the chair of the Organ, incoming chair who automatically becomes the deputy chair of the Organ and the outgoing chair, followed by the Ministerial Committee of Ministers of Foreign Affairs, Defence and Security. In addition to these there are other substructures that relate to the Inter-State Politics and Diplomacy Committee and the Inter-State Defence and Security Committee.

Mr Mamabolo alluded to the fact that since the SADC states are also members of the UN they are not expected to act contrary to the UN Charter. Hence the Protocol obliges member states to respect the integrity, independence and right to collective self-defence against armed attack. (Please see attached briefing)

Discussion
Dr BL Geldenhuys (NNP) if Article 11(1)(b) would apply if the current situation in Zimbabwe prevails.

Ms F Hajaji (ANC) asked the Ambassador whether the various Protocols that are signed are having any effect. She drew attention to the current situation in the DRC where the United Nations seems unable to address the problems effectively. She asked the Ambassador to outline the mandate the SADC members have in situations like these.

Mr Mamabolo indicated that there is a problem of states not signing the Protocols. Currently there is no mechanism to allow intervention. Once the Protocols are fully operative the burden placed on individual states would ease.

Adv Z Madasa (ACDP) asked the presenter to specify the degree of violation of protocols required before there could be interference in the internal affairs of a member state. He asked whether the strategic position of the country, the number of people dying or only human rights considerations would necessitate intervention.

Mr Mamabolo said that it was not just a question of politics. Natural catastrophes could, under certain circumstances, necessitate intervention. He also indicated that the form of governance employed in the country would also determine if interference is required. Unconstitutional forms of government would also not be tolerated.

A Member was concerned about the capacity of some states to deal effectively with problems facing them.

The Ambassador agreed that incapacity is a major problem in Africa and in some other continents. He indicated that when a problem arises one would have to rely on those who have the capacity to deal with it. He also indicated that there is a need to build capacity within the member states.

There was no further discussion due to Members' attendance of the memorial service for Walter Sisulu.

The meeting was adjourned.

Appendix:
DEPARTMENT: FOREIGN AFFAIRS REPUBLIC OF SOUTH AFRICA

SPEAKING NOTES FOR AMB JNK MAMABOLO, DEPUTY DIRECTOR-
GENERAL: AFRICA TO THE BRIEFING OF THE PORTFOLIO COMMITTEE
ON FOREIGN AFFAIRS: WEDNESDAY, 14 MAY 2003

SUBJECT:
RATIFICATION OF THE SADC PROTOCOL ON POLITICS, DEFENCE AND SECURITY CO-OPERATION.
1. As part of the SADC review process the Protocol was also reviewed and South Africa signed on 14 August 2001.

1.1. The main aim of the Organ Protocol is largely to encourage solidarity, peace, and security among the SADC member states through closer co-operation in the field of politics, defence and security.

1.2. Emphasis is on peaceful settlement of disputes, negotiations, conciliation, mediation and arbitration. The Organ Protocol thus deals with intra-state/inter-state conflict and stipulate basic principles with which to facilitate collective action in the management of conflict.

2. Article I to 10 mainly deal with activities, structures, procedures and inter-state co-operation.

2.1. Of particular significance is Article 3 on the structure of the Organ:
The Chair of the Organ is to be elected by the Summit and should not be the Summit Chair.

2.2. The Troika shall be constituted by the Chair of the Organ, Incoming
Chair who automatically become the Deputy Chair of the Organ
and outgoing Chair, followed by the Ministerial Committee of
Minister of Foreign Affairs, Defence, Security.

2.3. In addition to this there other sub-structures that relates to the Inter-State Politics/Diplomacy Committee (ISPDC) and Inter-State Defence/Security Committee (ISDSC).

3. It is however important to note that the Chair of the Summit and the Chair of the Organ may not be the same, as highlighted by previous experience of uncertainty. The mandate of the Chair of the Organ is therefore only one year in which he/she consults with the SADC Troika and report back to the Summit. Furthermore, the Chair is also responsible for the overall policy direction and execution of the goals of the Protocol.

4. OBLIGATIONS OF THE ORGAN
Article 11 of the Protocol obliges Member State in accordance with international law and United Nations Charter to respect the integrity, independence and right to collective self-defence against armed attack.

4.1. Encourages peaceful resolution of conflict and consent as the main path to follow in resolving conflict.

5. JURISDICTION OF THE ORGAN
5.1. The Organ covers a wide scope of jurisdiction which includes the following; conflict over natural resources, border conflict, threat of military force between and within states and conflict that threatens regional peace and security.

This list may also include large-scale conflict, i.e. genocide ethnic cleansing, and gross violation of human rights.

6. METHOD OF THE ORGAN
In line with the main goals and ethics of the Protocol, the methodology of resolving conflict will be based on preventative diplomacy, negotiation, conciliation, mediation, good offices, arbitration and adjudication by international tribunal.

Security issues will be dealt with through the Mutual Defence Pact among parties. Ministerial Committee will only be used as a last resort in terms of decision making regarding enforcement actions.

7. PROCEDURE
The principles of consultation and consent will be used to stimulate conflict resolution, as well as encouraging co-operation among member states.

8. Article 12-21
Article 12 to 21 deals with issues relating to ratification, confidentiality, withdrawal, accession, amendments, and enforcement of the Protocol and the relationship with other international agreements. In particular the United Nations.