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Europe Africa Dialogue on “Human Rights, Democratic North-South Centre EUROPE-AFRICA DIALOGUE on “Human Rights, Democratic Governance and the African Union” Cape Town, 18-20 March 2003 This publication was possible thanks to the support of the European Commission within the framework of its contribution to the North-South Centre (A 3033/2003). CONTENTS Introduction by the Chairman of the Executive Council of the North-South Centre, Mr Miguel Angel Martínez 7 Opening session 13 I. Mrs Frene Ginwala, Speaker of the South African Parliament 15 II. Mr Peter Schieder, President of the Parliamentary Assembly of the Council of Europe 23 III. Mr Jos Lemmers, Executive Director of the North- South Centre 29 Orientation speeches 31 “Promotion and protection of human and peoples’ rights in Africa in the context of the African Union and the Europe- Africa dialogue: fundamental questions and practical challenges” I. Mr Ben Türok, South Africa Member of Parliament 33 II. Samba Mbouri Mboup, Ambassador of Senegal to South Africa 44 III. Debate 57 Session 1 – Prevention, Management and Resolution of Conflicts and the Creation of a Regional Framework Favouring Human Rights within the African Union 69 I. Ms Victoria Maloka, Centre for Conflict Resolution, University of Cape Town, South Africa 73 II. Mr Jan Van Eck, Centre for International Political Studies, University of Pretoria, South Africa 81 III. Ms Lindiwe Mokate, Chief executive officer, South African Human Rights Commission 87 IV. Mr Alberto Francisco Tunga, Secretary General, Platform of NGOs, Angola 92 V. Mr Jimi O. Adesina, Professor, Department of Sociology, Rhodes University, South Africa 94 3 VI. Mr James A. Msekela, Tanzania Member of Parliament 97 VII. Debate 103 Session 2 – Reinforcement of the Role of the Pan-African Parliament 123 I. Mr Ben Türok, South Africa Member of Parliament 126 II. Mr Kerriot Govane Mvubu, Swaziland Member of Parliament 129 III. Mr Neil Coleman, Congress of South African Trade Unions (COSATU), Parliamentary Officer 132 IV. Mr Brendan Howlin, Ireland Member of Parliament 138 V. Mr Peter Schieder, President of the Parliamentary Assembly of the Council of Europe 143 VI. Debate 147 Session 3 – Promotion of Partnerships and Reinforcement of Regional Capacity 161 I. Mr Fred Ahwireng-Obeng, Wits Business School, Afrika Institut, South Africa 164 II. Mr Gottfried Wellmer, European Network for Information and Action on Southern Africa (ENIASA), Germany 197 III. Mr James Mackie, European Centre for Development Policy Management (ECDPM) 200 IV. Mr Jos Lemmers, Executive Director of the North-South Centre 228 V. Mr Chenhamo Chimutengwende, Zimbabwe Member of Parliament 233 VI. Debate 239 Conclusions and recommendations 255 Conclusions 257 Recommendations 259 Contributors 263 4 ACRONYMS ACHPR – African Charter on Human and Peoples’ Rights ACP – Africa, Caribbean and Pacific ACP-EU – Africa, Caribbean and Pacific and the European Union ADF – African Development Forum AEC – African Economic Community APRM – African Peer Review Mechanism AU – African Union AUC – African Union Commission AUCA – African Union Constitutive Act AWEPA – European Parliamentarians for Africa CCR – Centre for Conflict Resolution CMC – Conflict Management Centre CODESRIA – Council for the Development of Social Science Research in Africa COSATU – Congress of South African Trade Unions CSSDCA – Conference on Security, Stability, Development and Cooperation in Africa EBRD – European Bank for Reconstruction and Development ECA – Economic Commission for Africa ECDPM – European Centre for Development Policy Management ECOSOCC – Economic, Social and Cultural Council EFF – Extended Fund Facility ENIASA – European Network for Information and Action on Southern Africa ESAF – Enhanced Structural Adjustment Facility EU – European Union FDI – Foreign Direct Investment GDP – Gross Domestic Product HIPC – Heavily Indebted Poor Countries IMF – International Monetary Fund NEPAD – New Partnership for Africa's Development NSC – North-South Centre OAU – Organization of African Unity ODA – Official Development Assistance OECD – Organisation for Economic Cooperation and Development 5 PAP – Pan-African Parliament PrepCom – Preparatory Committee PSC – Peace and Security Council RECs – Regional Economic Communities SADC – Southern African Development Community SAF – Structural Adjustment Facility SBA – Stand-by Agreements TFP – Total Factor Productivity UDHR – Universal Declaration of Human Rights UN – United Nations UNEP – United Nations Environment Programme UNHCR – United Nations High Commissioner for Refugees WTO – World Trade Organization 6 IINNTTRROODDUUCCTTIIOONN Miguel Angel Martínez Chairman of the Executive Council of the North-South Centre of the Council of Europe, Member of the European Parliament Miguel Angel Martínez “Europe-Africa dialogue on democratic governance and human rights: the involvement of parliamentarians and civil society in the construction of the African Union (AU)” In April 2000, African and European Union (EU) heads of state met in Cairo and made the joint decision to set up a global framework for dialogue between the two continents. The action plan which was adopted in Cairo focuses mainly on eight topics of mutual interest: conflict prevention, human rights and good governance, debt, the restitution of cultural property, regional economic integration, the environment and drought, food security, and Aids and other pandemics. The coming into effect of the African Union at the Organization of African Unity (OAU) Summit in Lusaka in July 2002 and the establishment of the New Partnership for Africa’s Development (NEPAD) by a number of relevant heads of state from African countries brought two major new dimensions to this dialogue. The birth of the African Union was officially announced in Durban on 9 July 2002. According to its Constitutive Act, the Union is a “social and economic project aimed at creating a trans-African democratic space for promoting economic development and reflecting a common African identity”. The proclaimed goal of NEPAD is to promote Africa’s development by bridging its countries with the industrialised ones of the Northern World. NEPAD is based on principles of African responsibility and leadership. The role of a parliamentarian dimension and the participation of civil society at large in these two platforms are fundamental to their success. According to the Constitutive Act of the African Union, this involvement should be institutionalised through three bodies: the ECOSOCC (Economic, Social and Cultural Council), the African Court of Justice and the Pan-African Parliament. 9 The task of parliaments at this level is fundamental, as they are responsible for elaborating and introducing the legislation needed for integration and to ensure the necessary control over government policies, the allocation of credits and regional integration measures. The Constitutive Act provides for the construction of a Pan-African Parliament. What can be done to contribute to the emergence of this Parliament? What role could the Pan-African Parliament play in the promotion and reinforcement of human rights and democratic values and rules? How can other parliamentary instances contribute to the establishment and consolidation of such a Parliament? I have in mind basically existing regional or sub-regional parliamentary bodies, the Interparliamentary Union, or even the Parliamentary Assembly of the Council of Europe, the European Parliament or the Joint Parliamentary Assembly of Africa, Caribbean and Pacific and the European Union (ACP-EU). Promoting regional dialogue on human rights is one of the North-South Centre's key missions. It was within this framework that the Centre organised, in partnership with the European Parliamentarians for Africa (AWEPA) and the Southern African Development Community (SADC) Parliamentary Forum, a Europe-Africa Forum for regional dialogue on “Human rights, democratic governance and the African Union: the role of parliamentarians” in Cape Town, South Africa, from 18 to 20 March 2003. The goal of that meeting was to provide an open, pluralistic space for dialogue where representatives of parliaments, local authorities, governments and civil society at large from the two continents could exchange views and elaborate proposals on how to reinforce the role of parliaments and parliamentarians in the dialogue between Africa and Europe as well as on the building process of the African Union and NEPAD. In addition to the participation of the President of the Council of Europe Parliamentary Assembly, Mr Peter Schieder and Mrs Frene Ginwala, Speaker of the South African Parliament, the Forum's work was further enhanced by the presence of several other European and 10 African personalities, including Mr Brendan Howlin, former Irish Minister of the Environment, Mr Samba Mboup, Ambassador of Senegal to South Africa, Bishop Denis Sengulane from Mozambique, Mr Pallo Jordan, former South African Minister of Information and Mr Ben Türok, Chairman of the Finance and Trade Committee of the South African Parliament. Most of the forty participants in the Forum were parliamentarians from SADC member countries (South Africa, Zambia, Botswana, Lesotho, Malawi, Mozambique, Namibia, Swaziland, Tanzania and Zimbabwe). Leaders of national NGO platforms in the region and representatives of religious institutions, social movements (trade unions – COSATU) and university networks the Council for the Development of Social Science Research (CODESRIA) also took part in the proceedings at the Forum. This publication, which includes
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