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Protocol on Tourism. TOURISM DEVELOPMENT. Structure of Presentation. Background Objective of the Protocol on Tourism Obligations by Member States Implementation of the Protocol Protocol on Trade in Services Objectives of the Protocol on Trade in Services
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Protocol on Tourism TOURISM DEVELOPMENT
Structure of Presentation • Background • Objective of the Protocol on Tourism • Obligations by Member States • Implementation of the Protocol • Protocol on Trade in Services • Objectives of the Protocol on Trade in Services • Linkages of the Tourism Protocol and Trade in Services Protocol • Conclusion
Background • Article 21 - SADC Treaty - provides for areas of cooperation • Article 22 , provides for the conclusion of Protocols which may be necessary in agreed areas of cooperation. • A number of Protocols were concluded in line with these Articles.
BSADC Protocols/Charters • Protocol on Education and Training • Protocol on Transport, Communication and Metereology • Protocol on Energy • Protocol on Tourism • Protocol on Health • Protocol on Finance and Investment • Protocol on Culture, Information and Sports
SADC Protocols (continued) • Protocol on Trade • Protocol on Trade in Services • Charter on Employment and Labour rights • DraftProtocol on Facilitation of Movement of Persons
Protocol on Tourism Entered in force on the 16th November 2002 Objective : Development of tourism industry in the region; • Promotion and marketing of the region as a collective tourism destination; • improve the quality, competitiveness and standards of service of the tourism industry in the region; • create a favourable investment climate in the tourism industry-public, private sectors as well as small and medium scale tourist establishment in the region • facilitate intra-regional travel through the reduction/ elimination of travel and visa restrictions and harmonisation of Immigration procedures.
Obligation by Member States SADC Member States undertake to take all necessary steps, both at national and regional levels: • to ensure that the objectives of the Protocol are met. • to refrain from taking any measures which may hinder the implementation of the Protocol. These undertakings are in the areas of • travel facilitation; • tourism training and education ; • marketing and promotion • tourism research and statistics • service standards • transportation • environmentally sustainable tourism and investment incentives
Implementation of the Protocol • To pursue the use tourism as a vehicle to achieve sustainable social and economic development through the full utilization of its potential for the SADC region. • The Protocol also provides for the creation of a regional body to market the SADC region as a collective tourism destination. • The "Regional Tourism Organization of Southern Africa" (RETOSA) was established in 1998. • RETOSA is governed by a Charter, which was signed by all SADC member states and is in force. • RETOSA aims to boost marketing and promotional activities and to ensure greater private sector involvement in the development of the SADC tourism sector. • RETOSA’s main objective is to market the SADC region as a preferred tourism destination and to mobilize resources for tourism investment and development in the SADC region.
UNIVISA SYSTEM • VISA-free admission for regional tourists (i.e. SADC citizens) • most Member States already do not require SADC citizen visitors to obtain a visa due to bilateral treaties concluded between them. • Tourism Protocol also envisages a “UNIVISA” system for international tourists, which would facilitate cross-border movement of international tourist within the whole Region .
UNIVISA SYSTEM • Abolishing of multiple visa requirements will enhance the capabilities and efficiencies of cross-border tourism operations which will benefit the whole of the SADC tourism sector. • RETOSA has been lobbying for the introduction of this UNIVISA sys-tem and a number of Member States had taken steps towards implementing the system on a pilot basis
Boosting Tourism • There is some willingness within the SADC region to liberalize the movement of natural persons to boost the tourism industry. • However reforms in this area should be far reaching and encompass both the movement of independent natural service providers and those movements related to commercial presence especially in areas where there are serious skills shortages. Further, regional efforts towards Mode 4 liberalization is not sufficient to solve the skills problem in the region.
Boosting Tourism (Cont.) • SADC countries have high skills shortages in one service sector or another, therefore any liberalization at a regional level need to be complemented by more open policies particularly with regards to recruiting critical skills
Protocol on Trade in Services • The mandate to negotiate trade in services in SADC stems from Article 23 of the SADC Trade Protocol. • This was in recognition of the importance of trade in services for the development of the economies of the SADC Countries. • Enabling Member States to adopt policies and implement measures in accordance with their obligations in GATS on Trade in Services (GATS), with a view to liberalising their services sector within the region
Trade in Services Protocol • It seeks to achieve coherence in the Region’s intra-regional and multilateral commitments and negotiations on trade in services through Progressive liberalization. • It also seeks further liberalization of intra-regional trade in service on the basis of fair, mutually equitable and beneficial trade arrangements, complemented by and in consistence with Protocols in specific services sectors. • This means that there should be compatibility between the Services Protocol and specific services sector Protocols as well as with the GATS.
Objective of the Protocol • to progressively liberalize intra-regional trade in services; • to promote sustainable economic growth and development through regional integration in the area of services; • to enhance economic development, diversification, local, regional and foreign investment in the services economies of the Region;
Objectives of the Protocol (continued) • to enhance economic development, diversification, local, regional and foreign investment in the services economies of the Region • to ensure consistency between liberalization of trade in services and the various Protocols in specific services sectors; • to pursue services trade liberalization, while fully preserving the right to regulate and introduce new regulations and • to enhance the capacity and competitiveness of the services sectors of State Parties.
Trade in Services Protocol • Framework agreement and the national schedules of specific commitments that members have individually undertaken, as well as their individual list of MFN exceptions • Member States are free to choose which services they want to include in their schedules (Hotels and restaurants, Travel agencies and tour operators, Tourist guide services • to maintain limitations on the degree of market access and national treatment they are prepared to guarantee; • They can also depart from MFN treatment
Obligations • The undertakings which State Parties accept when they agree to liberalize a given services sector are market access and national treatment. • Each member will treat the services emanating from other members, and the suppliers of such services, in the same way as its own services suppliers, and the services they supply.
Obligations • MFN treatment of like services by State Parties to ensure that a state’s service providers are not disadvantaged if another Member State decides to negotiate better regime for services trade with a third party. Members may maintain measures which are inconsistent with the MFN obligation provided those measures are listed on the MFN exemption list. The agreed list of MFN exemptions will be annexed to the Protocol
Obligations(cont.) • State Parties are permitted to maintain any limitations on market access or national treatment which they have included in their schedule of commitments..
Conclusion • The Protocol on Trade in Services comes at a time when there are already sectorial SADC Protocols with some provisions relating to trade in services. • Furthermore, most of these sectorial protocols are being revised and this raises a number of policy challenges. While agreements may generally be consistent with or complement each other, there may also be cases of overlap, inconsistencies and gaps that, potentially give raise to conflicts. • Therefore, there is a need to ensure that the rules are consistent with each other and that they complement each other in a mutually supportive way.
Many Thanks! Alfred Ndabeni Programme Officer – Multilateral Trade Trade, Industry, Finance and Investment Directorate SADC Secretariat (+267) 3951863 ext. 1908 , email: andabeni@sadc.int