SPEECH BY MRS MAA NJOBE, ANC MP DURING THE PAN AFRICAN PARLIAMENT DEBATE

Issued by African National Congress - Parliament

26 February 2004

Madame Speaker,
Honourable Deputy President,
Honourable members,
Ladies and gentlemen,

The inauguration of the Pan African Parliament to take place on 18 Mach 2004 represents a quantum leap in the long and arduous history of our continent. I would like to therefore, with your indulgence Speaker, take everybody present here today further down the road much travelled.

Our journey can be traced back to the Abuja Treaty which was signed by African Leaders in Abuja in Nigeria in June 1991 and which came into force in May, 1994. After the Abuja Treaty, the Fourth Extraordinary Session of the Heads of State and Governments held in Sirte, Libya from 8-9 September 1999 adopted the Sirte Declaration. Among other things, the Sirte Declaration called for the speedy establishment of the institutions (including the Pan African Parliament) provided for in the Treaty Establishing the African Economic Community signed in Abuja.

A subsequent meeting was held in Addis Ababa, Ethiopia from 17 to 21 April 2000. It was convened by the Secretary-General of the OAU, dr Salim Ahmed Salim and composed of legal experts and Parliamentarians who considered a Draft Treaty that paved the way for the establishment of the African Union and a Draft Protocol of the Treaty establishing the African Economic Community relating to the Pan African Parliament. At the subsequent 36th Ordinary Session of the Assembly of Heads of State and Governments of the OAU in Lome, Togo the Draft Constitutive Act of the African Union and the Pan African Parliament was approved.

During the period 5-17 November 2000, about 191 delegates from 41 African countries comprising Speakers, Deputy Speakers, Ministers, Deputy Ministers, Ambassadors representing member states at the OAU, clerks, parliamentary staff and officials from the ministries responsible for foreign affairs assembled in Pretoria to attend this historic meeting. This gathering was the first of its kind to be organised specifically for Parliamentarians from Member States of the OAU since its founding thirty seven years ago. During this gathering, delegates expressed support for the establishment of the Pan African Parliament as a way of involving the African Peoples in the on-going process of political and social integration on the continent. They were, therefore, prepared to chart the way forward by determining the type of Pan African Parliament, which would enjoy the support and confidence of the African peoples.

Madame Speaker, the need for the establishment and existence of a Pan African Parliament cannot be overemphasised. Article 2 clause 2 of the Protocol states that the PAP shall represent all the peoples of Africa. This will enable them to have a common platform where they can air their views and be involved in discussions and decision-making of the problems and challenges facing the continent. They will have a say in how they are governed and how to be governed.

Also, they will have a say in the development and integration of the continent within the framework of the African Union. The PAP will facilitate and monitor effective implementation of the policies and objectives of the AU. Thus among other tasks, it will promote peace, security, and stability, strengthen solidarity and build a sense of common destiny among the peoples of Africa. During the first five years the PAP will assume consultative and advisory powers. This will be an experimental period but ultimately the PAP will be a full legislative body. It will work closely with parliaments of regional economic communities such as SADC and also with national parliaments of member states such as ours. This will ensure participation of grassroots in the laws affecting their future. Speaker, the establishment of this deliberative continental body, once operational, will indeed be a giant step forward.

Allow me to shed some light upon the form and scope of procedures that will guide and underpin proceedings of the Pan African Parliament. It shall adopt its own Rules of Procedure on the basis of a two-thirds majority of all its members. Regarding the Presidency of the PAP, it shall elect at its first sitting following its election, by secret ballot, from among its members and in accordance with its Rules of Procedure, a President and four Vice-Presidents representing the five regions, i.e. Southern Africa, West Africa, Central Africa, North Africa and East Africa. It is important to note that women shall at least, in terms of the Protocol to the Treaty Establishing the African Economic Community Relating to The Pan African Parliament, have at least one seat among the Officers of the Pan African Parliament. The election shall, in each case, be by simple majority of the members present and voting. The terms of office of the President and the Vice-Presidents shall run with the National Parliament or the deliberative organ which elects or designates them.

Speaker, at its first sitting, after the election and before proceeding with any other matter, the Pan African Parliamentarians shall take an oath or make a solemn declaration. It shall meet in ordinary session at least twice a year, within a period to be determined in the Rules of Procedure. Each ordinary session may last up to one month.

Furthermore Speaker, the operations of the Pan African Parliament is clearly defined. The Protocol provides for an annual budget which constitutes an integral part of the regular budget and shall be drawn up by the Pan African Parliament in accordance with the Financial Rules and Regulations of the OAU/AEC and shall be approved by the Assembly until such time as the PAP shall start to exercise legislative powers.

Moreover it has dealt with the vexing language question admirably and the official languages will be Arabic, French, English and Portuguese. Where possible African languages shall also be accommodated. Up to now planning and preparatory work has been carried out by a steering committee and its substructures. For example, the steering committee set up a technical team consisting of representatives seconded by national parliaments to prepare rules for the inaugural and first session of PAP. South Africa was represented by Mr K Mansura (from parliament) and Professor Shadrack Gutto from the Institute of the African Renaissance Studies. These draft rules have since been adopted by the steering committee and will be considered further by PAP during its first session. Also a draft programme and procedures for the inaugural session has been drawn up. Proceedings are essentially similar to those that we have seen in our national parliament, for example those proceedings that took place when our first democratically elected parliament from 1994 to 1999 came into being. The inaugural session will be presided over by President Chissano of Mosambique in his capacity as the current chairperson of the AU. He will administer the swearing in of members who will either take an oath or make a solemn declaration. After the swearing in is concluded the election of the president of PAP (read Speaker) will follow. Election will be by secret ballot and like in any such election spoilt ballot papers will be discarded by the returning officer. But members of this House can rest assured that the South African delegation will not spoil any votes. The President having been duly elected, he/she will take an oath or made a solemn declaration, and will be asked to take the chair.

This part of the programme also accommodates an address by the President of Ethiopia, by President Chissano, by the newly elected PAP President and a vote of thanks by one of the PAP members. This will thus conclude the business of the inaugural session. The First session of the Pan African Parliament will then continue and will be presided over by its new President. This session will adopt rules, elect the four vice presidents, constitute the bureau (read presiding officers), adopt the programme of work and constitute the three proposed committees namely the Rules, Budget and Credentials committees.

Election of the four vice presidents will ensure that at least one will be women. Thus the ballot paper for the vice presidents ensures that this achieved by having two lists-one with the names of women nominees only and the other with names of all the nominees (men and women). Every member is compelled to vote on both lists. If no cross is made on the women's only list, such a ballot paper will be deemed spoilt. Should no women be elected on the second list, then the women with the most votes on the first list will replace a man coming from the same region. The President and the four vice presidents constitute the bureau. Speaker in conclusion, the Working Group on the African Union together with the supporting staff , which was chaired by the Speaker, should be congratulated for the sterling work it has done over the last two years. What remains new is for the next parliament to consider the recommendations made by the working group in its eighth report and as amended in its tenth report. We know that both reports were adopted by this House. One of the recommendations made by the Working Group was for this Parliament to consider establishing a joint committee to process and deal with issues emanating from the AU and PAP. The committee would then table reports to parliament. This committee could also be a forum to discuss with the executive on its engagement with the AU. I think this recommendation if implemented, could form the basis for and encouragement by this parliament for the work of the delegate.

I thank you.