FR

SADC Parliamentary Forum

Website URL: http://www.sadcpf.org

Venue: Royal Swazi Sun

Date: Thursday 2 June 2016 (15:00-17:00Hrs)

WELCOME REMARKS BY HON. JOSEPH NJOBVUYALEMA, VICE PRESIDENT, SADC-PF

- Hon. Speakers and Deputy Speakers of the SADC Parliaments,

-Hon. Leaders of Delegations,

-Hon. Members of Parliament from the various SADC Parliaments,

-Hon. Ministers here present,

Ms. Anne Githuku-Shongwe, UN Women Representative for South Africa Multi-Country Office,

- SADC-PF Secretary General, Dr Esau Chiviya

- Invited Observers and Resource Persons,

-Staff from the SADC National Parliaments,

-SADC PF Secretariat Staff,

-Ladies and Gentlemen

It gives me great pleasure to extend to you all a very warm welcome on behalf of the Southern Africa Development Community - Parliamentary Forum (SADC-PF) and to say how grateful we are to UN Women and the SADC-PF Secretariat for convening this SADC-PF Sign up event to UN Women's HeForShe Solidarity Campaign for gender equality.

Let me begin by pointing out that one of SADC-PF's Gender Program strategic objective is to assist the National Parliaments within the SADC Region to implement and domesticate the SADC Protocol on Gender and Development and various other United Nations Conventions and Resolutions that seek to promote gender equality and the empowerment of women.

At SADC-PF, we recognize that beyond the intrinsic value of gender equality and women's empowerment, investing in women's rights and gender equality is critical to our socio-economic advancement, political stability and development. In this regard, we at SADC-PF work with our National Parliaments and the SADC-PF Gender Programme to sharpen parliamentarians' gender analysis and planning skills with the aim of promoting sustainable development and eradicating feminized poverty in the Region.

Honorable Members, ladies and gentlemen,

 

Allow me briefly to introduce the SADC-PF Gender Program of which the Regional Women's Parliamentary Caucus and Gender Equality, Women's Advancement and Youth Development are component parts. The Gender Program, established in 1997, is one of SADC-PF's longest standing programs. The original mandate, which remains today, is to work with and support Members of Parliament in order to eradicate gender inequalities in the SADC Region thereby realizing the SADC Gender and Development Declaration of 1997.

Through the RWPC, the Program has successfully lobbied various SADC Member States to sign the SADC Protocol on Gender and Development. It has also lobbied for equal and equitable representation of women in political, administrative and decision-making positions: this is known as the 50:50 Gender Parity Goal of the SADC Gender Protocol.

Within the SADC Region, as SADC-PF, we continue to promote accountability to the Maputo protocol of the African Union and we are leveraging on the AU declaration for 2016 as the year of Human Rights, with particular focus on the Rights of women.

Honorable Members,

The recently approved Sustainable Development Goals (SDGs), especially Goal 5 on "Achieving gender equality and empowerment of all women and girls", and the other gender-related targets, have opened up new opportunities to re-connect, re-commit, and mobilize political will and public support for women's economic empowerment. The SDGs give us an opportune space and time to influence the governance processes so that gender equality is integrated meaningfully in our policies and their implementation. We need to leverage on the 2030 Agenda for Sustainable Development to change the game for gender equality, women's empowerment and women's rights. At SADC level with support from UN Women, we are finalizing the review of the SADC-PF protocol in line with the SDGs.

We will also be working with our governments to promote accountability to the Commission on the Status of Women (CSW60) Resolution on HIV, Women and Girls.

Let me congratulate UN Women for this great initiative aimed at bringing boys and men to the center of the global fight for women's rights and gender equality. The HeForShe movement challenges us to take action at both the institutional and personal level.

In concluding, Honorable members of parliaments, Ladies and Gentlemen, I welcome you to these sign up event and look forward to fruitful deliberations on how we can move this initiative in our countries.

Thank You, Merci, Obrigado, Siyabonga, obrigato

Venue: Royal Swazi Sun

Date: Thursday 2 June 2016 (15:00-17:00Hrs)

INTRODUCTORY REMARKS BY DR. ESAU CHIVIYA, SADC-PF SECRETARY GENERAL

Hon. Vice President of the SADC-PF Hon Joseph Njobvuyalema

Hon. Speakers and Deputy Speakers of the SADC Parliaments,

-Hon. Leaders of Delegations,

Hon. Members of Parliament from the various SADC Parliaments,

Hon. Ministers here present,

Ms. Anne Githuku-Shongwe, UN Women Representative for South Africa Multi-Country Office,

Invited Observers and Resource Persons,

Staff from the SADC National Parliaments,

SADC PF Secretariat Staff,

Ladies and Gentlemen

We are delighted to have you here today to participate and sign up as gender champions, as part of the UN Women's global - HeForShe Solidarity Campaign.

This event came about, following an agreement between UN Women and SADC- PF to partner together in areas of mutual concern to enhance our development efforts in the SADC Region. This Memorandum of Understanding (MoU) which was signed on 29 January 2016 provides a framework of collaboration in order to enhance SADC-PF's initiatives on promoting gender equality and women's empowerment in political and socio-economic sectors in the SADC Countries, collaborating with SADC National Parliaments, as law-makers, oversight bodies and representatives of citizens.

At SADC level, we are on track on gender equality and the empowerment of women, even though, none of the SADC-Member Countries has acquired the agreed upon 50/50 gender parity goal by end of 2015. I must say, I am happy that the UN 59th Commission on the Status Women and SADC Protocol on Gender and Development have extended the expiry date on gender inequalities to 2030. In the same vain, it is heartening to see the increase in female representation in decision-making bodies such as at the SADC Parliaments. Our task is to make the planet 50/50 by 2030 dream come true.

 

Honorable Members of Parliaments, Ladies and Gentlemen,

Having transitioned from the MDGs to SDGs, with a stand-alone goal on gender equality and the empowerment of women and girls- and over 40 gender-related targets across all the other goals- we are optimistic that, that we will make substantive progress with your support as Parliamentarians. If any development process is to be effective and sustainable, it has to be owned by national stakeholders, and we urge all countries within our region and beyond to integrate the SDGs, especially goal 5, into national and regional development plans.

Recognizing that the equal representation of women and men in political and decision making processes is a democratic imperative, the SADC Parliamentary Forum continues to champion initiatives of the RWPC, in its efforts to ensure more women are visibly active, side by side with men, in political and decision-making processes

As we move towards our ultimate goal of being transformed into the Regional Parliament, it is expected that Member Parliaments and parliamentarians will play their part to see that the processes and gender equality commitments are kept on track. As an organization, our commitment to gender equality and women empowerment, cannot be overemphasized, for example, stated in our current Strategic plan, SADC-PF will continue to strive to ensure greater awareness of the policies and practices to advance gender equality and equity and the inclusion and empowerment of vulnerable, minority and special groups in the business of Parliament.

Honorable Members of Parliaments, Ladies and Gentlemen,

So far, the HeForShe Movement has been launched in various African Countries. Some of the Heads of States and Governments from our region who have signed up as champions, include: H.E. Arthur Peter Mutharika (Malawi) and H.E. Edgar Lungu (Zambia).

In this regard, we are honored to have Ms. Anne Githuku-Shongwe, UN Women Representative for South Africa Multi-Country Office with us today, with whom we hope to make this aspirations a reality. Prepare yourself to be challenged, excited and inspired.

Honorable members of parliaments, Ladies and Gentlemen,

And before I handover to Ms. Nomkhitha Gysman, SADC-PF Gender Programme Manager, who will outline the afternoon's programme, I want to say once more on behalf of the SADC Parliamentary Forum Secretariat, we are delighted that you are here and we look forward to many of our Parliamentarians signing up to be champions of this campaign. We also hope to see them make this campaign a reality in our national parliaments.

Thank you, obrigado, merci, siyabonga.

By Moses Magadza

Ezulwini, Swaziland : The SADC Parliamentary Forum is considering joint training sessions for journalists and Members of Parliament as it moves to strengthen the capacity of the two partners to advocate for universal access to sexual reproductive health rights and related issues.

The chairperson of the Human Development and Special Programme (HDSP) of SADC PF, South Africa Parliamentarian Ahmed Shaik-Emmam, revealed this last week. He was tabling the report of the HSDP at the 39th Plenary Assembly Session of SADC PF.

The HSDP is implementing a four year SRHR, HIV and AIDS Governance programme with funding from Sweden.

Staff Writer

HARARE, ZIMBABWE: Zimbabwe's Vice President, Emmerson Mnangagwa on Saturday (12 November, 2016) officially launched the SADC Model Law on Eradicating Child Marriage and Protecting those Already in Marriage, paving the way for the domestication of this groundbreaking law by SADC Member States.

Speaking to approximately Members of Parliament from 13 SADC Member States who included Speakers of National Parliaments, the Vice President, who also officially opened the 40th Plenary Assembly Session of the SADC PF in the Zimbabwean capital, Harare, described the day on which the Model Law was launched as a great day in the history of the SADC Region.

"Today will go down in the annals of history as the day that our Members of Parliament set aside political and other differences to resoundingly say NO to child marriage by delivering a Model Law that will no doubt provide guidance to all our Member States as they develop or refine their own national laws to eradicate child marriage," he said to thunderous applause.

 

Describing child marriage as an "embarrassing scourge", Mnangagwa, who is also the Minister of Justice, Legal and Parliamentary Affairs, noted that it had taken SADC PF and its partners nearly two years to develop the Model Law with so much commonality that it could easily be adopted or adapted as Member States reform, develop legal instruments and policies to eradicate child marriage.

"It has been a long journey marked by widespread consultations involving many stakeholders including legal drafters, our own MPs, civil society organisations and even our judges who enriched the Model Law," he said before outlining six detailed steps taken to develop the Model Law before the 39 th SADC PF Plenary Assembly Session which took place in Ezulwini, Swaziland on the 3rd of June, 2016, unanimously adopted it.

A lawyer, the Vice President said Model Law provides evidence-based guidance on how the SADC Region can address child marriage, especially in the face of inadequate or sometimes conflicting related legal instruments.

"Based on the latest evidence, the Model Law will no doubt be a valuable sounding board to countries as they reform, develop or revitalize their laws related to child marriage and its impact."

Noting that child marriage was a global problem, he urged SADC Member States to unite against the phenomenon lest they fail to benefit from the demographic dividend.

He said Zimbabwe, like other SADC Member States opposed child marriage, with the country's President Robert Mugabe determined to keep all children in school.

Mnangagwa said the Model Law would be distributed to Parliaments and other interested stakeholders in the SADC countries, especially relevant Government Ministries and Departments.

"It also needs to be presented to the SADC Secretariat for consideration to be transformed into a SADC Protocol on Child Marriage."

He urged SADC PF to hold workshops with key stakeholders in SADC Member States to popularize the Model Law and work with the media in this regard.

"Our Member States need to take a hard look at child-related marriage laws they have in their countries and pass relevant laws. More importantly, Members of Parliament can and must use their oversight role to ensure that National budgets support implementation of laws and policies in their countries to eradicate child marriage and support those already in marriage."

Speaking at the same launch, SADC PF Deputy President, Malawi lawmaker Joseph Njobvuyalema said the new Model Law might encourage SADC Member States to be accountable in the execution of policies, the enactment of laws and in coming up with strategic plans and measures aimed at eradicating child marriage, protecting children already in marriage and ensuring SRHRs of young persons.

"We are convinced that the creation of a robust and uniform legal framework relating to child marriage is key to addressing child marriage and Sexual and Reproductive Health and Rights," he said.

Njobvuyalema said regional and international treaties require countries to set the minimum age of marriage at 18, register all marriages and take effective action, including legislation, to eradicate child marriage.

"I call upon all MPs in our region to do all within their power to move towards implementing laws and policies that are relevant to our national settings to eradicate child marriage. This Model Law obliges Member States to provide in national legislation for intervention programmes to support child brides or wives and their families."

Among other things the SADC Model Law on Eradicating Child Marriage and Protecting those already in Marriage promotes earlier and more frequent use of family planning; HIV and AIDS and maternal health services; educational and economic opportunities to help break the cycle of inequality, illiteracy, illness and poverty that frequently perpetuate child marriage.

It provides, also, for comprehensive sexuality education and provides for collection of data on the number and status of children already in marriage, including the child's education, access to resources, health care, education, information and entertainment and the socio-economic status of the family.

Staff Writer

The Executive Director of the Prison Care and Counselling Association

(PRISCCA) in Zambia, Dr Godfrey Malembeka, has warned that HIV epidemics in the world's prisons can fuel epidemics in mainstream communities unless steps are taken to safeguard the health of prisoners.

Dr Malembeka sounded the warning while addressing a Consultative Capacity Development Session for Zambian Civil Society Organisations working on Sexual and Reproductive Health and Rights, HIV and AIDS. The session sought to map out a strategy for engaging the Parliament of Zambia.

 

Noting that the African continent was the hardest hit by the global HIV and AIDS epidemic, Dr Malembeka bemoaned the fact that prison settings in Sub-Saharan Africa had received "surprisingly little" attention in terms of national and international funding to respond to the epidemic.

PRISCCA represents thousands of serving and ex-prisoners in Zambia. Dr Malembeka is an ex-prisoner, having spent four years in jail. Thereafter he spent 16 years working closely with the Government of Zambia on efforts to rehabilitate ex-prisoners. He therefore, boasts of a wealth of experience in issues that affect prisoners or when they leave detention.

He said PRISCCA submits related reports to the Parliament of Zambia twice a year. The organisation also uses Parliament Radio to discuss issues that affect prisoners. It takes MPs out for a retreat every year to further debate those issues. Additionally, PRISCCA takes MPs on visits to some of the country's correctional facilities so that the lawmakers witness first-hand the challenges in those settings.

He said the SADC Region alone had approximately 650 000 incarcerated people, 19 000 of those in Zambia.

Stressing that good prison health was equal to good public health, Dr Malembeka warned that unless steps were taken to keep prisoners healthy, the health of people outside prisoners would be in jeopardy.

"HIV in prison is both a public health and a human rights issue. It is also a legal issue and there are myths and stigma, surrounding incarceration," he said.

He cited overcrowding and poor physical conditions in most prisons as major challenges in HIV prevention.

With prison populations being predominantly male, Dr Malembeka said male-to-male sexual activities were frequent.

"There are three types of sexual activities in prisons. The first is consensual, where a few people have agreed to live like that because some are there for life or serving more than 30 years."

The second type was rape, which was fuelled by prisoners that preyed on juveniles or the weak.

"The third type is circumstantial sex. Sometimes because of overcrowding, male prisoners end up naked and squeezed close together in such a way that some 'dreams' can come," he explained.

He called for research to determine the levels of sexual activities in prisons, saying much of it was not reported and therefore not documented.

"Potential links for transmitting HIV from prisons into the general population are high due to stigma, marriage break ups and lack of partner notification."

Dr Malembeka said lack of knowledge and education among prisoners about the risks of contracting and transmitting HIV coupled with the absence of protective means and proper medical care, increased prisoners' risks to HIV infection.

Women prisoners

"Most of our sisters who are incarcerated are divorced in advance because (few people) are ready to wait for their spouses."

He said over half a million women and girls were being held in penal institutions worldwide.

"Women are especially vulnerable to sexual exploitation and may trade or be forced to trade sex for food, goods or drugs with other prisoners or staff," he said.

Turning to factors that contribute to HIV in prisons and that MPs could examine, Dr Malembeka cited weaknesses of the criminal justice system, overcrowding, poor food and nutrition as well as lack of health care and lack of follow up on released prisoners.

Others included poor adherence to ART treatment, lack of prevention commodities such as condoms the mixing of pre-trial detainees, juveniles and convicted people.

SECONDER’S SPEECH

Mr   President, I rise to second the Report of the Standing Committee on Food, Agriculture, and Natural Resources to the 41st Plenary Assembly Session.

Mr President, we Parliamentarians, as legislators and representatives of our people, are responsible for ensuring that the regulatory frameworks and agreements with mining companies regarding extractive industries contribute to sustainable social and economic development and thus benefit the citizens of this region. Our role has become increasingly relevant in the wake of increased investment in mining by private investors from emerging economic giants such as China, whose interests may be making profit at the expense of the Region’s economy and the welfare of our people.

Sustainable development cannot be guaranteed unless we exercise due oversight over those who award mining rights on our behalf. Moreover, effective oversight requires that Parliaments and parliamentarians engage with the process of mining activity from the inception stage. It is at this inception stage that the benefit to the country and the affected communities, the rights of workers, and issues regarding the management of the environment, among others, are determined and agreed upon.

Mr President, just recently, at the end of June this year, the government of Tanzania submitted 3 bills to Parliament, which have since been passed, that will enable the review and renegotiation of mining contracts awarded to private investors in an effort to ensure that the interests of the people of Tanzania are secured. In the interest of ensuring the fast tracking of these bills, the Parliamentary Session was actually extended for several days to allow MPs to study the bills and approve them. Tanzania has set the stage for the rest of the Region to begin to seriously consider the review of its mining legislation for the benefit of the citizens.

Mr President, the Model Laws that the SADC Parliamentary Forum has so far developed have been well received. It is encouraging to note that these Model Laws are providing the much needed capacity that we Parliamentarians require to interrogate issues from a point of knowledge and begin to make a notable difference in the way the affairs of our countries are being run in many areas, including mining. The guiding provisions contained in these Model Laws are meant to open our eyes and enhance our contribution and effectiveness at national level. It is for this reason, Mr President, that I second the Report of the Committee, which is highlighting the proposed provisions for the Model Law on Private Sector Participation in Mining.

Mr President, in addition, I wish to join the clarion call encouraging the tabling of more motions regarding food, agriculture, and natural resources in the region, for out of this may come the answer to eradicating poverty in the region.

Mr President, I beg to Second.

 

Mover:                       Honourable Mfanawemakhosi J Dlamini, MP, Swaziland

Seconder:                Honourable Innocent Gonese, MP

Date for which Notice is given: Wednesday, 12 July 2017

Mr. President, I rise to second the Report of the Trade, Industry, Finance and Investment (TIFI) Standing Committee being moved by my Chairperson, His Royal Highness Prince Dlamini, MP.   

I wish to recall and remind this august Assembly that the TIFI Committee previously held its session under the theme: “Enhancing Access to Medicine through the Adoption of Human Rights-based Approach in harnessing the Trade Related Aspects of Intellectual Property Rights (TRIPs) flexibilities within the SADC region.”  The outcome of this meeting was presented and adopted by the 39th Plenary Assembly which was held in June 2016, in the Kingdom of Swaziland.

This is therefore the second time that we are reiterating the importance of parliamentary engagement in issues of Intellectual Property (IP) Rights in general and TRIPs in particular. Africa including our beloved Region is known for contributing so much to international trade but yet getting so little in return. This is generally due to our continued detrimental trade in primary commodity products but also our failure to sufficiently take advantage of all available trade opportunities including those available through the TRIPs.

Mr. President, Honourable Members,

Intellectual property barriers, complex as they may sound to be, - inhibit access to affordable and safe generic HIV, TB and Hepatitis C medicines.  This is a global health challenge which is further compounded by (i) inadequate health systems, (ii) underdevelopment & poverty and (ii) high prices of medicines.

Patent laws, which are regulated through the TRIPs Agreement, as well as bilateral and multilateral trade agreements between different countries, are regrettably contributing to restricted access to essential medicines. The Good News is that there are countries in the Region including my country Zimbabwe which were able to make use of the TRIPS flexibilities to provide cheaper generic medicine to fight the AIDS pandemic. The bottom line is that this flexibilities are there for all the Least Developed Countries (LDCs) including those in our Region but we are simply not taking advantage of them.

Our beloved people who graceful put us in office will continue to suffer and die until we decide to take practical and decisive steps to harness the flexibilities within the TRIPS Agreement.  

Mr. President, I beg to second the motion.

Mover: Honourable Siphosezwe MASANGO, MP, South Africa

Seconder:  Hon. Balamage Nkolo, MP

Date for which Notice is given: Friday 14 July 2017

Mr. President, I rise to second the Motion by Hon. Masango urging this august Assembly to consider and resolve on the African Union Assembly Decision (Assembly/AU/Dec.635 (XXVIII) advocating the restructuring of the African Union (AU). This is timely and relevant and our engagement today will allow a regional parliamentary reflection and resolution. 

We are all aware that the current African Union (AU) was born out of the then Organization for African Unity (OAU) which was primarily focused on liberation of the continent from the colonial yoke, which objective was really achieved. The AU through this transformational process is supposedly more focussed on the twin mammoth tasks of development and the integration of the continent. In 1992 our own Southern African Development Community (SADC) also went through the same restructuring process. SADC recently through the Revised Regional Indicative Strategic Development Plan (RISDP) (2015-2020), SADC refocused its development and integration agenda.

Mr. President, Hounorable Members,

My input here serves to emphasize that restructuring and reorganization by continental and regional organizations is important but I wish to urge that it be accompanied by introspection and evaluation. Africa’s development agenda started with the Lagos Plan of Action (1980) which followed by many other development proposals to the New Partnership for Africa’s Development (NEPAD 2001) and now to the Agenda 2063. 

The change from one development plan to another, well intended as it may be, results in confusion and lack of ownership by the continental citizenry.  Consequently, domestication and oversight at the national level is hampered. Of greater concern is the fact that the lessons learned which are supposed to show challenges and successes are not taken up and we run the risk of repeating the same mistakes over and over again.

Mr. President,

This august house needs to know what we have learned out of the implementation of NEPAD and to confirm as to whether we are still on track. Are we perhaps not shifting the goal post with the Agenda 2063? With regard to the SADC Region, the revised RISDP is no longer providing regional integration targets as was the case in the original RISDP.  The biggest dilemma of Africa’s development planning is that it is primarily premised on external funding and not on our own resources. This is an anomaly which we have to correct without delay.

Mr. President, I beg to second the motion.

INTRODUCTION

Honourable Members, distinguished resource persons, staff of represented National Parliaments, staff of the SADC PF, ladies and gentlemen.

Allow me to welcome you to Johannesburg, South Africa and to this Standing Committee Meeting. Indeed, the fact that you all accepted the invitation to be here in spite of other competing commitments is a testament of your faith in the Human and Special Development Programme and your determination to make a difference in the lives of our compatriots through it.

Allow me, also, on behalf of our entire committee and indeed on my own behalf, to thank Sweden and Norway for their belief in us. That belief is expressed through funding of our Programme. We are committed to ensuring that this Programme continues to deliver so that when it ends, it can be replicated in the other SADC Member States that are not yet implementing it.

IMPORTANCE OF STANDING COMMITTEE MEETINGS

Honourable Members, ladies and gentlemen, for us at SADC PF, Standing Committees are the engine rooms of our directorates. It is through participating in these Standing Committee meetings that we better appreciate the successes, challenges and plans of our Programme. Additionally, Standing Committee meetings enable us, as Members, to provide guidance and stewardship to our Programme at macro level. It is for these reasons that I always call for meticulous preparation so that we really achieve a lot through the interaction that these periodic platforms present. I believe very strongly that if we make it a habit to prepare thoroughly, participate actively in discussions during Standing Committee meetings and remain engaged long after our meetings, we can provide the strong leadership that would propel our Programme forward.

BUSY SCHEDULE

I have looked at the programme. It is packed. I plead for your active participation.

Our Programme has been quite busy and will be very busy, going forward. It needs our support and guidance to continue doing good work.

I will not pre-empt what we have gathered here to hear. However, I cannot defer my excitement over the fact that, after months of careful planning, our Programme will soon embark on a mid-term review. Please join me in congratulating KPMG for landing this assignment out of many equally strong candidates.

MID-TERM REVIEW

Honourable Members, ladies and gentlemen, our Programme is an action-oriented programme and we have built an enviable reputation for walking our talk.

By commissioning a mid-term review, we are sending out a message to the beneficiaries of our Programme and those funding us (Sweden and Norway) that we are also goal-oriented. This mid-term review is important in that it will measure our progress thus far. Additionally, it will tell us what we need to do more of, or differently, so that when all has been said and done, we can rest assured that we indeed made a difference.

CONCLUSION

Honourable Members, ladies and gentlemen, allow me to end my remarks by thanking all those who worked professionally, often behind the scenes, to make this meeting possible.

I wish you productive deliberations. It is now my singular honour and privilege to declare this meeting officially open.

 

I THANK YOU!

À propos de nous

Le Forum parlementaire de la Communauté de développement de l'Afrique australe (SADC PF) a été créé en 1997 conformément à l'article 9 (2) du Traité de la SADC en tant qu'institution autonome de la SADC. Il s'agit d'un organe interparlementaire régional composé de treize (14) parlements représentant plus de 3500 parlementaires dans la région de la SADC.

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