Defence Department International of Defence Affairs Department of

Defence Department International of Defence Affairs Department of Defence BRIEFING TO THE PARLIAMENTARY PORTFOLIO COMMITTEE ON DEFENCE AND MILITARY VETERANS ON THE PROTOCOL OF AMENDMENTS TO THE INTERNATIONAL HYDROGRAPHIC ORGANISATION CONVENTION 9 SEPTEMBER 2009

Department of Defence SCOPE • Aim • Historical Perspective • Operational Technical Modalities of SA’s Membership of the IHO • Regulatory Process • Protocol of Amendments (Annexure B) • Implications of Amendments (Annexure B) • Parliamentary Approval / Ratification • IHO Notification • Recommendations • Questions and Answers Session 2

Defence Department International of Defence Affairs AIM • To inform Members of the Parliamentary Portfolio Committee on Defence and Military Veterans on all the modalities of the Protocol of Amendments to the IHO Convention • To recommend to Members of the Parliamentary Portfolio Committee on Defence and Military Veterans to support the unreserved approval of the entire Protocol of Amendments in the National Assembly and National Council of Provinces 3

Defence Department International of Defence Affairs HISTORICAL PERSPECTIVE • • The RSA become a Member State of the IHO in 1967 IHO Convention ratified by Parliament during 1968 Current Membership of 80 x Member States IHO is an intergovernmental consultative and technical organisation that was established in 1921 to support t he safety in navigation and the protection of the maritime environment • The RSA is represented at the IHO by the SA Navy Hydrographer 4

Defence Department International of Defence Affairs HISTORICAL PERSPECTIVE (Cont) • During the 3 rd Extraordinary International Hydrographic Conference held in the Principality of Monaco, a Resolution was adopted on 14 April 2005 to amend the Preamble as well as 19 x Articles of the IHO Convention (1967 version) in accordance with Article XXI thereof • Objective of the Protocol of Amendments: To improve the scope, objectives, capacity and effect of the IHO Convention 5

Department of Defence OPERATIONAL / TECHNICAL MODALITIES OF SA’S MEMBERSHIP OF THE IHO • Presentation by Capt (SAN) Abrie Kampfer 6

Defence Department International of Defence Affairs REGULAROTY PROCESS • The Plenary Defence Staff Council mandated the Defence Secretariat on 20 Nov 06 to approach Cabinet by means of a Cabinet Memorandum to obtain a Cabinet Mandate to table the Protocol of Amendments to the IHO Convention in Parliament in accordance with the constitutional prescripts • Intra-departmental consultations – Nov 06 7

Defence Department International of Defence Affairs REGULAROTY PROCESS (Cont) • Inter-departmental consultations – Dec 06 / Jan 07 • • Dept of Transport Dept of Justice and Constitutional Development SAMSA Dept of Foreign Affairs (Chief State Law Adviser: Int Law) • IRPS Cluster Mandate obtained – Feb 07 • Cabinet decision by means of Cabinet Memorandum obtained – May 07 8

Department of Defence REGULAROTY PROCESS (Cont) • Parliamentary tabling – NA & NCOP – 18 Aug 09 • IHO Notification after Parliamentary approval - 2009 9

Department of Defence REGULAROTY PROCESS (Cont) Constitutional Imperatives • Section 231(2) of the RSA Constitution, 1996, stipulates that an international agreement, such as the IHO Convention, binds the RSA, as a Member State, only after it has been approved by resolution in both the National Assembly and the National Council of Provinces, unless it is a technical administrative or executive agreement. Amendments to such international agreements are dealt with in the same manner 10

Department of Defence PROTOCOL OF AMENDMENTS • Refer to Annexure B to the Explanatory Memorandum 11

Department of Defence IMPLICATIONS OF AMENDMENTS • Refer to Annexure B to the Explanatory Memorandum 12

Department of Defence PARLIAMENTARY APPROVAL • Any proposed amendments to the IHO Convention in terms of Article XXI thereof, shall be tabled in both Houses of Parliament for consideration in accordance with Section 231(2) of the Constitution of the RSA, 1996 13

Department of Defence IHO NOTIFICATION • Once approved by Parliament, the Government of the Principality of Monaco (as Depository) must be informed of the RSA’s consent to be bound by the Protocol of Amendments through the existing diplomatic channel by means of a suitable instrument 14

Defence Department International of Defence Affairs RECOMMENDATIONS • It is strongly recommended that the Protocol of Amendments to the IHO Convention of 14 April 2005, be approved without any reservation by both the National Assembly and National Council of Provinces 15

Defence Department International of Defence Affairs QUESTIONS AND ANSWERS SESSION 16