PRESENTATION TO SELECT COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT 13 OCTOBER 2015 RATIFICATION OF THE AFRICAN MARITIME TRANSPORT CHARTER 1

 PURPOSE  BACKGROUND OF THE AFRICAN MARITIME CHARTER  OVERVIEW OF THE CHARTER  STRATEGIC FOCUS OF THE CABINET MEMORANDUM  ISSUES OF INTEREST TO SA  DEPARTMENTS AND PARTIES CONSULTED,RESPONSES AND COMMENTS  OTHER IMPLICATIONS  RECOMMENDATIONS 2 OUTLINE OF THE PRESENTATION

 To brief Portfolio Committee on Transport on the African Maritime Transport Charter  To request Portfolio Committee on Transport to recommend the AU African Maritime Transport Charter for tabling to Parliament in terms of section 231 (2) of the Constitution of the Republic of South Africa, PURPOSE

The Organisation for African Unity (OAU), as early as July 1994, adopted the African Maritime Transport Charter Maritime transport was recognised to be essential for the economic development of the continent that Africa needs to collaborate to find solutions The African Union (AU) subsequently adopted the updated and expanded Charter, which included provisions for the security and protection of the marine environment, in June Charter falls within the scope of international law encompassing maritime transport and related activities in the coastal, inland waterways, territorial seas including the Exclusive Economic Zones of States Parties. Furthermore it seeks to promote cooperation between State Parties, regional and international organisations 4 BACKGROUND

The Charter is aimed at strengthening cooperation among Member States of the African Union in maritime transport, inland waterways navigation, ports and related activities. The Charter is an instrument of cooperation amongst African Nations and embraces virtually every major issue that Africa is confronted with amongst other the following:  Lack of cooperation in Maritime Administration and Port Operations  Lack of cooperation in Maritime and Inland Waterways  Lack of cooperation between Landlocked States and Transit States  Lack of cooperation in infrastructure development, Ship Building and repairs  Poor coordination in Transit Agreements and Policies  Maritime Safety and Security  Research, innovation and development, competitiveness and job creation;  international trade; transport,  communication and logistics.  Gender Balance and participation of Women 5 OVERVIEW OF THE CHARTER

The strategic focus of African Maritime Transport Charter is on strengthening co-operation among African countries in the maritime transport sector. The Charter is also in line with Government Priorities and Policies i.e NDP which acknowledges the challenges in the maritime particularly, low level of corporation among African Maritime Administrators in the areas of safety, security and environmental management. 15 th session of the AU Assembly resolved that Member States should accelerate the ratification of the Charter so that it come to force The Charter is a deliverable of objective 18 of Operation Phakisa Initiative aimed at unlocking the potential of South Africa’s Oceans 6 STRATEGIC FOCUS OF THE CAB MEMO

SA’s recognise a need for the generation of the comprehensive maritime transport policies and strategies for Africa. A collective Continental and Regional ownership and support of all issues pertaining to maritime governance as prescribed in the Charter Harmonisation of laws, policies and institutions to facilitate co- operation and collaboration to ensure Continental and Regional maritime security. Enhancement of cooperation among State Parties in the areas of maritime safety, marine environment protection management and Search and Rescue Promotion of national and regional Cabotage to encourage intra- Africa trade to facilitate economic and socio-economic integration in the Continent Port reform and efficiency for port services to ensure competitiveness of the African Ports 7 ISSUES ON INTERESTS TO SA

Legal opinion obtained from Chief State Law Advisers from Department of Justice and Constitutional Dev and DIRCO indicated that the Charter is not in conflict with domestic and international laws The Charter was circulated to the following organisations and Departments for comments, namely Dep of Environmental Affairs, Trade and Industry, DIRCO, Water Affairs, Treasury, Public Enterprises, the Shipping Industry, Transnet and SAMSA. The Charter was presented to ICTS and JCPS DG’s Cluster wherein it was approved for Cabinet’s consideration. ICTS Cabinet approved the Charter on the 5 th of May 2015 for submission to Parliament 8 CONSULTATION

IMPLEMENTATION PLAN The Department will continue to work together with all relevant stakeholders to ensure appropriate implementation of the Charter that balances SA’s maritime interests IMPLICATIONS FOR VULNERABLE GROUPS Article 37 of the Charter encourages State Parties to adopt policies that creates opportunities for the advancement of Women in the maritime sector FINANCIAL IMPLICATIONS None at this stage SECURITY IMPLICATIONS The Charter was presented to the JCPS Cluster and to the Navy and there are no security implications 9 OTHER IMPLICATIONS

It is recommended that the Select Committee on Economic and Business Development :  Supports ratification of the AU African Maritime Transport Charter  Recommends that the AU African Maritime Transport Charter be tabled to Parliament in terms of section 231 (2) of the Constitution of the Republic of South Africa, RECOMMENDATIONS