1 Accession to the Revised Cotonou Partnership Agreement Presentation to the Select Committee on Trade and International Relations 12 November 2009 Cape Town

The Cotonou Partnership Agreement (CPA) was provisionally applied from 01 March 2000 and fully entered into force on 01 April 2003 As per Article 95(3) of the CPA, parties to the agreement shall enter into negotiations to discuss any amendments to the agreement 10 months prior to the expiry of each 5 year period SA conditionally signed the amended agreement on 25 June 2005 The revised CPA was found to be in line with South African domestic law, and South Africa’s international law obligations by the Chief State Law Advisor The Republic of South Africa, as a member of the ACP group of states, signed the CPA on 23 June 2000 Summary

The African, Caribbean and Pacific (ACP) Group of States is the largest organised entity for developing countries with 79 members The CPA currently serves as the framework for co-operation between the European Union (EU) and ACP countries South Africa became a member of the ACP in 1996 and became a qualified member of the Lomé Convention IV in 1997 – the Lomé Convention precedes CPA and was a trade and aid agreement between the EU and ACP countries As a qualified member, South Africa is excluded from the Trade Chapter as well as the Development Assistance provisions of the CPA as these are governed by the Trade, Development and Co- operation Agreement (TDCA) which governs the bi-lateral relationship between SA and the EU The African, Caribbean and Pacific Group

SA was excluded from the Trade Chapters as it was considered a developed country, and would therefore not be compatible with World Trade Organisation provisions South Africa actively participates in the political dialogues, notably the Council of Ministers, the Joint Parliamentary Assembly (JPA), the Committee of Ambassadors (CoA) and the Summits of Heads of State and Governments These dialogues allow SA to strengthen South-South (ACP) and North-South (Joint ACP-EU) dialogue on matters of development, trade, regional integration, peace building, conflict prevention, respect for human rights, democratic principles, rule of law and good governance The ACP Continued

The CPA is designed to promote and expedite the economic, social and cultural development of ACP States and promote a stable democratic political environment The duration of the CPA is 20 years (March 2000 to February 2020) with a revision every 5 years (Article 95 of the Agreement) The aim of the review is to determine whether the CPA has achieved its objectives and establish whether new areas of co- operation should be introduced The first review started in May 2004 and concluded in February 2005 The next review is scheduled to conclude in March The duration of negotiations for a review is 12 months. Within the 12 months, parties have 2 months to notify each other and 10 months to negotiate The Cotonou Partnership Agreement

The revision has three main focal areas: Politics, Trade and Development The revised agreement includes provisions for enhanced political dialogue as well as the fight against terrorism, co-operation in countering proliferation of arms and Weapons of Mass Destruction (WMD), and the International Criminal Court (ICC) It also aims at entrusting ACP States with greater responsibilities The biggest changes were that non-reciprocal preferences would be gradually removed for separate regional arrangements in the form of Economic Partnership Agreements (EPAs) The EPA negotiations are ongoing in the SADC EPA region and trade preferences are no longer implemented by the EU under the CPA The Cotonou Partnership Agreement Continued

Respect for international multilateral institutions has been prioritised with strong focus on peace building and conflict prevention Ratification of the Rome Statute of the ICC and the combating of terrorism were also adopted in the Agreement During the revision negotiations, SA raised objections to EU’s proposed text on some of these issues, especially on WMD (Article 11 b) SA disarmament experts were of the opinion that it did not fully link non-proliferation, disarmament re WMD’s, as well as the creation of a new oversight body SA conditionally signed the first revised agreement on 25 June 2005 in Luxembourg with the possibility of entering a reservation at the time of ratification in terms of the law of treaties The Cotonou Partnership Agreement Continued

Ratification of the Revised CPA was suspended pending the resolution of SA’s concerns in the review of the TDCA to ensure alignment of policy positions (refer WMD) SA and the EU negotiated compromise texts for the revised TDCA which addressed the ICC and WMD As such, the process of ratification of the Revised CPA was initiated, including examination by our Department of Justice and Constitutional Affairs, as well as the International Law Advisors in the Department of International Relations and Co-operation The 1 st Revised CPA entered into force on 1 July 2008, and the deadline for ratification was 30 June 2009 The Cotonou Partnership Agreement Continued

Section 231(2) of the Constitution required the Revised CPA to be ratified by National Parliament Revised CPA ratification deadline expired by 30 June 2009 The Revised CPA can be implemented within the current organisational framework and no new appointment of personnel will be required SA will not be expected to make any additional financial commitments other than those already committed to under the CPA As Parliament could not ratify the Agreement by 30 June 2009, the ACP was notified that South Africa will be acceding to the Agreement so current preferences would be retained The Cotonou Partnership Agreement Continued

The delays experienced in the ratification of the Agreement were due to the review of the TDCA, and Parliament’s full schedule in preparation for the 2009 National Assembly Elections Given that the Agreement was not ratified by the set deadline, South Africa has to now follow the route of accession to the Agreement. This is expected to be completed in November 2009 During consultations with the EU and the ACP, it was assured that South Africa may retain observer status in all joint structures following application to accede to the Agreement The EU reiterated the above commitment during the Joint Cooperation Council held in on 23 July 2009 in Brussels The Cotonou Partnership Agreement Continued

Letters signed by the Minister of International Relations and Cooperation (DIRCO) have been forwarded to both the EU Council and the ACP Council of Ministers, formally stating South Africa’s intention to accede to the Agreement in terms of Article 94 of the CPA During the time that South Africa is an observer, it continues to lobby and engage with the ACP states and the EU on matters of importance to South Africa and the region South Africa also continues to negotiate on the EPA’s and is committed to finding a resolution to the Agreement which is beneficial to all involved The Cotonou Partnership Agreement Continued

Second Revision of Cotonou Partnership Agreement DIRCO has tabled the Revised CPA requesting Parliament to accede to it The tabling appeared in the Announcements, Tablings and Committee Reports Notice No. 84/2009 (ATC) of Wednesday 28 October 2009 The Portfolio Committee considered and approved the Agreement on the 04 th November 2009 As per procedure, the Select Committee on Trade and International Relations is, also, required to consider the Agreement and report to the National Council of Provinces It is important to bring to the attention of the Committee the following challenge: Parliament is left with one week to consider ratification of the Agreement before 2009

Second Revision of Cotonou Partnership Agreement The Select Committee must discuss the matter with the Ministry of DIRCO and report to the NCOP. The NCOP then considers the Agreement for a resolution to accede to the International Agreement In a letter written by Minister Nkoana-Mashabane to Parliament, the letter was informed of Cabinet’s approval for accession to the Revised CPA, on 12 August 2009, between the ACP Group and the EU The Minister requests that the said Agreement be tabled in the National Assembly and the National Council of Provinces

Second Revision of Cotonou Partnership Cont’d The Ministers request for the ACP-EU Council to allow SA to participate as observer in ACP-EU joint institutions can be granted under Article 8(3) of the Rules of Procedure of the Council of Ministers and Article 6(3) of the Rules of Procedure of the Committee of Ambassadors Observer status can be granted to SA from the moment it files its application for accession The accession procedure requires that SA request for accession is approved by the ACP-EC Council

The ACP remains an integral part of South Africa’s engagement with the South, as well as the North, allowing it to speak to countries of the G77, G20, G8, and NAM, finding consensus and agreement of major issues affecting the development of the South Through the ACP dialogue, issues pertaining to Trade, Crime and Justice, Education, Healthcare, Economic Development, Infrastructural Development and Good Governance are discussed, allowing for a unified position on these issues, and increased co-operation amongst Member States and the European Union South Africa has participated in the drafting of resolutions on Food Security, the Global Financial and Economic Crisis, and Cultural, Religious and Ethnic Diversity The ACP and South-South Co-operation

Within the ACP there are joint meetings with the EU at the Council of Ministers and the ACP-EU Joint Parliamentary Assembly. At the ACP-EUJPA the opportunity for MPs from the ACP States and the EU to discuss issues of concern Within this forum, the discussions taken around the EPAs are of particular importance as in any Parliament it is the MPs task to hold Governments to account and conduct oversight. This means that within the EU Parliament there are differing views on the EPAs than to those held by the European Commission, allowing for ACP countries to lobby EU Members of European Parliament on issues of concern The ACP and North-South Dialogue