Presentation to the Portfolio Committee on Higher Education and Training 14 February 2018

1. Revised Convention on the Recognition of Studies, Certificates, Diplomas, Degrees, and Other Academic Qualifications in Higher Education in African States (Addis Convention, 12 December 2014) Presentation to the Portfolio Committee on Higher Education and Training 14 February 2018

2. PURPOSE To present the Revised Convention on the Recognition of Studies, Certificates, Diplomas, Degrees, and Other Academic Qualifications in Higher Education in African States (Addis Convention 2014), as per the Announcement, Tablings and Committee (ATC) Reports of Tuesday 28 November 2017, to the Portfolio Committee on Higher Education and Training, with the purpose to seek the Committee’s approval.

3. REQUIREMENTS TO SUBMIT AN INTERNATIONAL AGREEMENT TO PARLIAMENT In terms of the requirements of Section 231 (2) of the Constitution of South Africa and sections 341 and 342 of the National Assembly Rules, the following are provided: • A copy of the Addis Convention • An explanatory memorandum which comprises the history, the objectives and implications of the agreement; • Legal opinions by the Chief State Law Advisors (for Domestic and International Law) • A statement about whether the agreement contains any self-executing provision that will become Law in the Republic • Documents submitted submitted on 15 November 2017

4. BACKGROUND • The Addis Convention replaces the Arusha Convention of 1981 • South Africa was not a signatory of the Arusha Convention. • In a meeting of African States in Addis Ababa on December 2014 it was agreed to develop a revised Convention, (now called the Addis Convention) • The revised Addis Convention provides the general guidelines for the implementation of the recognition of studies, certificates, diplomas, degrees, and other academic qualifications in higher education in African States. • Internal and external stakeholder consultations: 2015 • Opinions of the State Law Advisors for Domestic Law and International Law obtained: 2015 • Presentations of a Cabinet memorandum to the SPCHD Directors-General Cluster: 2015 and again 2016 • Further internal and external consultations: 2016. • The Addis Convention was presented by the Minister to Cabinet on 29 March 2017.

5. BACKGROUND • The Minister of Higher Education and Training submitted a letter and the Convention to the Speaker of the National Assembly, requesting the Speaker’s assistance in the tabling of the Addis Convention to Parliament: 15 November 2017. • All required documents submitted (in the Committee’s pack) • The Speaker of the National Assembly referred the Revised Addis Convention to the Select Committee on Education and Recreation for consideration and report: ACT of 28 November 2017. • Request to present to the Portfolio Committee on Higher Education and Training was received on 5 February 2018.

6. CONSULTATION The following organisations have been consulted: • SAQA; the 3 Quality Councils; education and training providers (public and private); Sector Education and Training Authorities (SETAs); the National Skills Authority (NSA)(comprising government, organised business and labour, public and private education and training, and community constituencies); professional bodies/associations. The following Government Departments: • The Department of Basic Education (DBE); Department of International Relations and Cooperative Governance (DIRCO); The Department of Home Affairs (DHA); and the Department of Justice (DoJ) through the office of the Chief State Law Advisor.

7. HISTORY • The Arusha Convention sought to provide an enabling environment across African States for higher education qualifications such as certificates, diplomas, degrees and other academic qualifications to be recognized by each other. This was enabled through accepting principles of harmonization and referencing of qualifications, which the signatories to the Arusha Convention agreed upon. • In 2014, calls for amendments to the Arusha Convention arose, especially in the light of the launch of the Second Decade of Education for Africa (2006 to 2015) Plan of Action, which refers to higher education as one of seven areas of focus

8. HISTORY CONT. • The consideration of the paramount role that the systems of education can and must play in promoting continental integration through co-operation between higher education institutions; • Reaffirmation of the World Declaration on Higher Education for the Twenty-First century: Vision and Action”. • Developments in African States related to the development of National Qualifications Frameworks; and • More focus on developments in the area of recognition of prior learning (RPL), and articulation, mobility and access to lifelong learning opportunities.

9. HISTORY CONT. • South Africa participated in the 2014 Convention. • Through the Department of Higher Education and Training (DHET) and SAQA, South Africa had already provided initial written input into the first proposed revisions of the Arusha Convention, earlier in 2014. • The revised Arusha Convention was adopted in Addis Ababa, Ethiopia, on 12 December 2014, renamed the “Addis Convention”, and signed by 17 Member States. South Africa participated in drafting the Addis Convention, but did not sign it. • The Convention will come into force once 10 Member States have ratified it.

10. OBJECTIVES OF THE ADDIS CONVENTION The objectives are to: • Strengthen and promote inter-regional and international cooperation in the field of recognition of qualifications • Define and put in place effective quality assurance and accreditation mechanisms at the national, regional and continental levels • Encourage and promote the most effective use of human resources available in Africa • Speed up the development of countries and to limit the African brain-drain

11. OBJECTIVES OF THE ADDIS CONVENTION CONT. • Facilitate the exchange and greater mobility of students, teachers and researchers of the continent • Set up high-level joint training and research programmes • Improve and reinforce the collection and exchange of information • Contribute to the harmonisation of qualifications, taking into account current global trends

12. IMPLICATIONS OF THE AGREEMENT Signing the Addis Convention: • Strengthens and promotes multilateralism and International cooperation. • Ensures credible and reliable recognition of qualifications achieved across countries on the continent and safeguards those qualifications. • Contributes to harmonisation of qualifications across the continent. • Enhances South Africa as an educational destination for many countries because of the excellence of our research and higher education system (there are approximately 66 000 foreign students studying at our Institutions).

13. IMPLICATIONS CONT. • Foreign students add value to our research productivity. • South Africa’s reputation as a leading country in SADC and in Africa in Mutual Recognition of Qualifications agreements which enable regional and continental mobility of students, is enhanced. • South Africa is acknowledged as having a well-established National Qualifications Framework (NQF) and implementation system, which includes the DHET structures and committees and SAQA. • Provides a credible and accountable mechanism to manage the recognition of studies, certificates, diplomas, degrees and other academic qualifications in higher education between other African States and South Africa.

14. ORGANISATIONAL AND PERSONNEL IMPLICATIONS • The Department’s NQF Directorate performs NQF-related functions, such as monitoring and evaluation and oversight roles; and chairing of the Mutual Recognition of Qualifications Committee which deals with bilateral agreements and conventions such as the Addis Convention and the SADC Regional NQF. • The Department has the Inter-departmental NQF Steering Committee, which is chaired by the DDG: Planning, Policy and Strategy, which deals with all NQF-related matters; • Presently, no additional organisational and personnel implications are envisaged. As the implementation of the Convention increases workload, this position will be reviewed.

15. ORGANISATIONAL AND PERSONNEL IMPLICATIONS • SAQA has well-established and functioning Directorates for foreign qualifications evaluation, verification of qualifications and for international liaison, in accordance with the requirements of the NQF Act, section 13 (1). • SAQA has well developed processes for the implementation of the Addis Convention through these directorates. • Presently, no additional organisational and personnel implications are envisaged. • As the implementation of the Convention increases present workload, this position will be reviewed.

16. FINANCIAL IMPLICATIONS • The functions associated with the implementation of the Addis Convention are already embedded in the current organizational structure of both DHET and SAQA (Branch Planning, Policy and Strategy which includes the NQF Directorate and the International Relations Chief Directorate) • The current work performed includes the participation in the initial stages of implementing the Addis Convention • The costs associated with the oversight and monitoring and evaluation of implementation will be covered by the current allocation to the Department.

17. FINANCIAL IMPLICATIONS CONT. • It is envisaged that in future, additional responsibilities, such as advocacy and the development of national policy and guidelines to effect implementation, that may be required to be performed by the Department and/or SAQA, will require additional funding. • National Treasury will be approached at the appropriate time should additional funding be required.

18. COMMUNICATION IMPLICATIONS • The Minister of Higher Education and Training will submit the request for ratification of the Addis Convention by South Africa to Parliament • The Minister of Higher Education and Training will communicate and engage with all affected parties. • Both the Department and SAQA will communicate the content and implementation plans for the Addis Convention to all stakeholders and have workshops to communicate the implementation of the convention. • Once the convention has been ratified, the Department will use the channels in the Department and of the GCIS for communication.

19. IMPLICATIONS FOR VULNERABLE GROUPS • The White Paper for Post-School Education and Training (2013) proposes the development of an internationalisation policy. A draft Internationalisation Policy has been developed by the department, and is currently being consulted upon. • This draft Policy recognises the global trends of migration and mobility of peoples, including vulnerable groups. • The Convention provides an enabling framework for the implementation of the international Migration White Paper recommendations, which seeks to enhance the mobility of people, and specifically students, between countries.

20. OPINION FROM THE OFFICES OF THE CHIEF STATE LAW ADVISORS • The State Law Advisors at the Department of Justice and Constitutional Development advised that the Convention is consistent with the Domestic Law of the Republic and the Constitution • The office of the Chief State Law Advisor: International Law advised that the Convention does not violate International Law; and that following Parliamentary approval the instrument of ratification must be deposited with DIRCO, where after it will be sent to UNESCO. • They advised that the NQF Act, read together with the Higher Education Act, No. 101 of 1997 is consistent with the requirements of the revised Addis Convention.

21. STATEMENT ON SELF-EXECUTING PROVISIONS • The Addis Convention has no self-executing provision, and therefore it may be tabled for ratification in Parliament in terms of the SECTION 231 (4) of the Constitution, to be enacted into law. • The implementation of the Addis Convention is enabled through the NQF Act, No. 67 of 2008, asit is already supported by the provisions made in the NQF Act, No. 67 of 2008.

22. STATEMENT ON SELF-EXECUTING PROVISIONS • The NQF Act, (Act 67 of 2008) section 8 (1) to (4) provides for the responsibilities of the Minister who has the overall executive responsibility, inter alia, for the NQF, SAQA, the three QCs, and must uphold the coherence and public credibility of the NQF. • The NQF Act, section 13 (1) (m) gives SAQA the responsibility to verify qualifications and to evaluate foreign qualifications. • South Africa’s well established NQF system, its NQF steering mechanisms such as those in the department and in SAQA will enable the activities to be managed through existing structures and funding.

23. STATEMENT ON SELF-EXECUTING PROVISIONS The Department is satisfied that the following articles from the revised Addis Convention can be complied with: Article II.2: We have the mechanisms to achieve the goals of the Article II Article IV.13: We receive funding from the Fiscus for the regulatory and implementation bodies Article V.1: South Africa will sign and ratify the Convention, as a Member State of the Africa Region

24. RECOMMENDATION The Minister of Higher Education and Training, hereby recommends that the Portfolio Committee on Higher Education and Training present to Parliament for ratification the Revised Convention on the Recognition of Studies, Certificates, Diplomas, Degrees, and Other Academic Qualifications in Higher Education in African States (Addis Convention, 12 December 2014), and approves the depositing of the instrument of ratification with UNESCO by DIRCO

25. BaieDankie