Ratification of the Second Revision of the EU-ACP Cotonou Partnership Agreement (CPA) Presentation to the Portfolio Committee on International Relations and Cooperation 12 September 2012 Amb. J Matjila

CONTEXT South Africa entered into the Cotonou Partnership Agreement (CPA) in June 2000 becoming a qualified member of the CPA. As a qualified member of the CPA, South Africa was not party to the trade chapters of the Agreement given that it already had a bilateral trade agreement with the EU in the Trade, Development and Cooperation Agreement (TDCA). Although South Africa do not benefit from the trade chapters of the Agreement, South African businesses are able to tender for ACP and EU contracts under the CPA. The ACP and the EU concluded the first revision of the CPA in 2005, and South Africa formally acceded to this revision on 22 June 2010 in Ouagadougou having completed the constitutionally required processes in January According to Article 95(3) of the CPA, States party to the Agreement are to enter into negotiations once every 5 years in order to review the CPA. 2

CONTEXT (CONTINUED) Negotiations on the 2 nd Revision of the CPA were completed in March 2010 and formally concluded and signed in Ouagadougou at a joint ACP-EU Council of Ministers meeting on 22 June The Minister of International Relations and Cooperation signed the Agreement in Brussels on 27 September 2010 The CPA provides South Africa with a number of advantages in terms of political engagement and the furtherance of South Africa’s foreign policy objectives, in particular through the enhancement of South- North cooperation, as well as South-South cooperation. Under South-South Cooperation, the CPA provides for the 79 members of the ACP group to meet and discuss issues of common concern, including matters relating to trade, investment, and sustainable development. 3

CONTEXT (CONTINUED) With regards to South-North Cooperation, the CPA provides for members of the ACP and the EU to discuss areas of concern, again surrounding areas of trade, investment, climate change and food security as well as peace and security matters. The CPA therefore allows for the advancement of the African Development Agenda, as well as the advancement of regional political and economic cooperation, not withstanding regional economic integration as is the intended case with the EPAs. 4

CONSULTATION PROCESS The Department of Justice and Constitutional Development (State Law Adviser) was consulted in order to establish whether or not the Agreement is in keeping with South Africa’s domestic laws. Its conclusion was that there were no provisions within the Agreement which are contradictory to South Africa’s Domestic Law. The Office of the State Law Adviser (International Law) was consulted to ensure that the Agreement was in keeping with South Africa’s International Law obligations. Its opinion stated that there were no provisions in the CPA that are in contradiction of South Africa’s International Law obligations. The Department of Trade and Industry was consulted during the negotiations of the Second Revision of the CPA, on the basis of South Africa’s participation in the EPA negotiations. The Department of Trade and Industry raised no objections to the text of the 2 nd Revision of the CPA. 5

CONSULATION PROCESS (CONTINUED) Other Departments consulted during the negotiations of the 2 nd Revision included: Social Development, Department of Environmental Affairs, Department of Agriculture, Department of Home Affairs, Department of Labour, National Treasury, Department of Arts and Culture, Department of Health, South African Revenue Service, Department of Energy, Department of Transport, Department of Science and Technology, Department of Communications and the Department of Tourism. No objections to the text of the 2 nd Revision were raised. South Africa noted a concern surrounding the text of Article 11(b) of the Agreement relating to Weapons of Mass Destruction and Non- Proliferation, stating that the Agreement, in South Africa’s opinion, did not link the two issues explicitly enough. A statement was made by South Africa in Ouagadougou during the Council of Ministers meeting where the Agreement was signed by the ACP and the EU highlighting that the two issues are inextricably linked. 6

CONSULTATION PROCESS (CONTINUED) The Nuclear Disarmament and Non-Proliferation Section in DIRCO however did not feel it necessary for South Africa to enter a formal reservation in the Agreement. This was also the opinion of the State Law Adviser (International Law), and that the Revised CPA does not have a provision for states to enter a reservation to the Agreement, although the Law of Treaties does allow for the entering of reservations. Therefore, at the time of ratification, South Africa may enter a reservation in accordance with International Law. 7

MAJOR CHANGES TO SECOND REVISION The Revised CPA includes areas of global importance such as the fight against terrorism, cooperation regarding the prevention of weapons proliferation as well as the prevention of weapons of mass destruction. The agreement also covers the International Criminal Court (ICC). Additionally, and in line with the objective of regional integration, economic strengthening and economic development, the CPA provides for the negotiation of EPA agreements within respective ACP regions in order for the current non-reciprocal trade arrangements between the ACP and the EU to become one of a more balanced and cooperative nature, and greater developmental objectives. Peace building and peacemaking also forms an element of the CPA with an emphasis on peace and stability as well as a respect for international law and multilateral institutions. This includes human rights and the promotion of democratic governance, as well as the democratic transfer of power in member states. 8

MAJOR CHANGES TO SECOND REVISION (CONTINUE) South Africa noted a concern surrounding the text of Article 11(b) of the agreement relating to Weapons of Mass Destruction and Non- Proliferation, stating that the Agreement, in South Africa’s opinion, did not link the two issues explicitly enough. A statement was made by South Africa in Ouagadougou, Burkina Faso during the Council of Ministers meeting where the Agreement was signed by the ACP and the EU highlighting that the two issues are inextricably linked. The Nuclear Disarmament and Non-Proliferation Section in the Department of International Relations and Cooperation did not however feel it necessary for South Africa to enter a formal reservation in the agreement. This was also the opinion of the State Law Adviser (IL), and that the revised CPA does not have a provision for states to enter a reservation to the agreement, although the Law of Treaties does allow for the entering of reservations. Therefore, at the time of ratification, South Africa may enter a reservation in accordance with International Law. 9