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SELECT COMMITTEE FOR SECURITY AND CONSTITUTIONAL AFFAIRS 19 SEPTEMBER 2006

SELECT COMMITTEE FOR SECURITY AND CONSTITUTIONAL AFFAIRS 19 SEPTEMBER 2006. RATIFICATION OF AU PROTOCOL TO CONVENTION ON PREVENTION AND COMBATING OF TERRORISM. OBJECTIVE.

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SELECT COMMITTEE FOR SECURITY AND CONSTITUTIONAL AFFAIRS 19 SEPTEMBER 2006

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  1. SELECT COMMITTEE FOR SECURITY AND CONSTITUTIONAL AFFAIRS 19 SEPTEMBER 2006 RATIFICATION OF AU PROTOCOL TO CONVENTION ON PREVENTION AND COMBATING OF TERRORISM

  2. OBJECTIVE To obtain the approval of both House of Parliament, as required by section 231(2) of the Constitution of the Republic of South Africa, 1996, that the African Union Protocol to the African Union Convention on the Prevention and Combating of Terrorism be ratified as soon as possible, subject to two proposed interpretive declarations.

  3. MERCENARISM • Article 3(e) of the Protocol provides that States Parties commit themselves to:”take appropriate actions against the perpetrators of mercenarism as defined in the OAU Convention for the Elimination of Mercenarism in Africa, adopted in Libreville, in 1977, and other relevant applicable international instruments.”. • RSA law capable to comply. OAU Convention as well as UN Convention on Mercenarism were not ratified, because they were considered too narrow. RSA Law (including new Mercenary Bill, much wider and also addresses foreign military assistance. AU has identified Mercenary Convention for review.

  4. PROPOSED INTERPRETIVE DECLARATION: EXTRADITION • “The Government of the Republic of South Africa shall apply the provisions of Article 8 of the Protocol in accordance with the obligations imposed upon States Parties in Article 8 of the OAU (now African Union) Convention on the Prevention and Combating of Terrorism”. • Article 8 provides for the extradition of offenders through a process provided for in our extradition legislation.

  5. PROPOSED INTERPRETIVE DECLARATION: MERCENARISM • “That the Government of the Republic of South Africa is not a Party to the African Union Convention for the Elimination of Mercenarism in Africa and notes that this is a Convention that has been identified by the Assembly of the African Union as being suitable for review. In the interim the Government of the Republic of South Africa will interpret and apply Article 3(1)(e) in accordance with legislation of the Republic of South Africa applicable to mercenarism, which prohibits the recruitment, use, training of, or engagement in, any mercenary activity”.

  6. EXTRADITION • Problem is that Article 8 of the Protocol provides that the Convention shall constitute an adequate legal basis for extradition for State Parties that do not have extradition arrangements. • This is in conflict with South African Law.

  7. SCRUTINY • The Interpretative declarations were proposed and endorsed by both the State Law Advisers: Department of Justice and International Law: Department of Foreign Affairs.

  8. PROTOCOL • Main aim of the Protocol is to enhance the African Union Convention on the Prevention and Combating of Terrorism. • The Peace and Security Council of the African Union (AU) will play an active role in dissemination of information and the implementation of the Plan of Action, to facilitate the implementation of the Protocol. The Commission will also provide technical and advisory assistance.

  9. RECOMMENDATION • That the Committee recommend to the National Council of Provinces the approval of the AU Protocol to the AU Convention on the Prevention and Combating of Terrorism, with the proposed interpretative declarations, in respect of extradition and mercenarism, as required by section 231(2) of the Constitution. • Once both Houses of Parliament has approved the Convention, the necessary steps will be taken through the Department of Foreign Affairs for the ratification of the Convention and depositing of the instrument of ratification.

  10. Thank you • Assistant Commissioner PC Jacobs • Legal Support; Crime Operations. • South African Police Service.

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