COMMITTEE SECTION

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COMMITTEE SECTION

• The Role of Parliament in the Approval of
  Treaties and International Agreements
• L. Mosala- Content Adviser, PC on International
  Relations and Cooperation
• 17 August 2011

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INTRODUCTION

• Since 1994,
• South Africa - active member of the
  international community
• Party to many bilateral and multilateral treaties
• Has a robust Parliament fully engaged in its role
  in the conduct of international relations
• The issue of the role of Parliament in the
  approval of international agreements/treaties is
  on the agenda of many parliaments around the
  world

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DEFINITION OF TERMS

• Vienna Convention on the Law of Treaties 1969 and
  1986
• A Treaty
• Binding instrument
• Between states and or international organisations
• Governed by international law
• Be in writing
• One or more instruments

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DEFINITION OF TERMS CONT.

• Distinction between ordinary/executive agreements
  (OEAs) and a Treaty (TRT)
• OEAs implement clauses within existing treaty
• Effective on signature by representatives of
  States
• Does not require approval by Parliament
• Treaty effective only after ratification
• Requires Parliamentary approval

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CONSTITUTIONAL PROVISIONSRSA CONSTITUTION 1996

• Section 231(1)- International relations policy
  and the signing of treaties and agreements under
  responsibility of the Executive
• Section 231(2) - legal requirement of approval by
  two Houses of Parliament of treaties to be
  binding and only of certain agreements

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CONSTITUTIONAL PROVISIONS CONT.

• Section 231(3)international agreements of
• Technical
• Administrative
• Executive nature
• That do not require ratification/accession
• Become binding without parliamentary approval,
  but be tabled in the two Houses within reasonable
  time.

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CONSTITUTIONAL PROVISIONS CONT.

• Section 231(2) -Approval
• Presupposes that treaty binds SA on the
  international level only after its been approved
  by both Houses.
• To apply domestically, treaty must still be
  enacted into national legislation as specified in
  section 231(4), unless it is self-executing.

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CONSTITUTIONAL PROVISIONS CONT.

• Section 231(4)
• Introduces concept of self-executing clauses into
  SA law. Provisions of a treaty approved by
  Parliament which has these clauses, become part
  of our law unless inconsistent with the
  constitution.

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EXAMINATION OF TREATIES

• Examine the treaty, recommend approval or
  rejection
• What is approval sought for
• Confirm compliance with domestic law
• Which outcome under govt priorities
• Strategic political focus
• International obligations created
• Implications for vulnerable groups
• Self-executing clauses
• Financial and Security implications
• Approval or rejection

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CONCLUSION

• Committee must recommend approval or rejection in
  writing (Rule 307(3),NA Rules
• Approval/rejection may be with concerns
• Highlight concerns at initial stage
• Allows for inclusion of concerns on domestication
  of treaty at a later stage under sections 75 76
  bills

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THANK YOU