(5.03p.m.) PAN-AFRICAN PARLIAMENT – MAURITIAN DELEGATION – REFUSAL OF CREDENTIALS

Madam Speaker, with your permission, I wish to make a statement in relation to the participation of Mauritius in the Fifth session of the Sixth Legislative of the Pan-African Parliament, currently sitting in Midrand, South Africa. As the House is aware, a delegation to the Pan-African Parliament was constituted and left for South Africa after the Secretariat of the Parliament was duly informed of the composition of our delegation. Madam Speaker, Article 4(3) of the protocol establishing the Pan-African Parliament requires that, and I quote – “The representatives of each Member State must reflect the diversity of political opinions in each National Parliament or other deliberative organ.” whereas Article 4(2) stipulates that – “Each Member State shall be represented in the Pan-African Parliament by five members, at least one of whom must be a woman.” As you may be aware, hon. Ms Anabelle Savabaddy was part of the delegation. It should be borne in mind that based on tradition and established practice, the Leader of the Opposition does not form part of any national delegation to regional or international parliamentary meetings. For his part, the Fourth Member of Port-Louis North and Montagne-Longue, did not express the wish to form part of the national delegation to the Pan-African Parliament which, as I just mentioned, hosts its sitting in South Africa. He instead preferred to be considered for the Inter-Parliamentary Union (IPU) which meets in Geneva, Switzerland. On the other hand, Madam Speaker, the Third Member, who does not sit on the Government bench, sits as an independent member and therefore belongs to no political party, cannot thus be said to have divergent political opinions, having been elected on the platform of the alliance that I lead. Let me recall here that as a sitting member of the then Opposition, he served for two full-terms as a member of the national delegation to the Pan- African Parliament that is, from May 2015 to October 2019 and again, from May 2020 to October 2024. Madam Speaker, as Prime Minister of this county and Leader of the House, I simply cannot accept that this august Assembly, where dignity has been restored since the elections on November 2024, be made to suffer the kind of humiliation that its elected hon. Members have been subjected to by the unjustified and totally unwarranted refusal of the Credentials Committee of the Pan-African Parliament to accredit them. I have, therefore, required our delegation to come back and I have addressed a strong letter of protest to the Chairperson of the African Union Commission in Addis Ababa which is also copied to the President and Clerk to the Pan-African Parliament. Madam Speaker, in view of the seriousness and highly contemptible situation that this matter has provoked, I seek your indulgence to read out the contents of the letter which I shall also table. Madam Speaker, let me register my utmost indignation at the unpatriotic and disgraceful behaviour of the Leader of the Opposition who publicly stated that he had written to the Pan-African Parliament to protest against the composition of our delegation and inviting them to deny it the required credentials. It is a matter of deep regret that the very people who made a mockery of parliamentary democracy and who brought our Assembly and the country into disrepute, these very people today declare themselves as paragons of democratic virtue. They are now sullying the reputation of our country on the continent, this very country that up to 2014, ranked among the first in most international and regional indexes relating to good governance. Finally, Madam Speaker, it is paradoxical that the hon. Fourth Member for Port-Louis North and Montagne-Longue, became Speaker after his predecessor was voluntarily consigned to the ICU and, who undertook three missions at tax payers’ expense, within a short span of 78 days, should now project himself as guardian of public finance and good governance. Thank you, Madam Speaker.

Madam Speaker, I have a point of order!

No. No. This is Statement Time. You were to read the letter, hon. Prime Minister?

I will table a copy.

(Interruptions)

I have a point of order!

No, this is Statement Time!

But I have a point of order!

He has not finished!

I will now read extracts from the letter that I sent and as I said, I expressed concern of their refusal to accept the credentials of our delegation. And as I said, our delegation was already on its way to South Africa and it was informed, late on 18 July that they would not be accredited on the grounds that our delegation’s composition was allegedly not in conformity with Article 4 (3) of the relevant protocol. I go on to say that – “You are no doubt aware that Mauritius ranks very high in various international indexes as regards the basic precepts of democracy. Our National Assembly is regularly renewed on the basis of regular National Elections. Clearly, there is a lack of knowledge or information at the level of the Committee, with respect to the history of our National Assembly whose sovereignty and dignity have thus been put into question.” And I also go on to say that – “Our current Assembly comprises only two Members of the official Opposition, who though, having lost elections, are Members by virtue of our electoral system. This ensures that the Opposition is represented in our Parliament in spite of the fact that our Government Alliance won all the 60 seats. There is now also a Member, who having been elected on the platform of the Alliance that I lead, is now sitting as an Independent Member. Besides the Leader of the Opposition who, by tradition and established practice, does not participate in any such regional or international parliamentary gatherings, the other Member as well as well as the Independent Member have been assigned to two other international regional parliamentary bodies, namely the IPU and the CPA.” And to add insult to injury, the Clerk of the PAP wrote to the Clerk of the National Assembly, late on Sunday 20 July, in response to explanatory letter of the latter, dated 18 July, stating that the decision not to accredit has been taken and therefore, the request is that they will reconstitute our delegation to conform with Article 4 for submission by the same date, that is, 20 July. This is the first time that such treatment, verging on humiliation, is being meted out to our National Assembly and it simply cannot be either accepted or tolerated. Mauritius has been at the forefront of many African struggles right since its adherence in 1968 to the OAU, precursor to the AU, and will continue doing so, especially now when our continent is confronted with so many challenges. The decision of the PAP clearly demonstrates a lack of institutional memory on our track record and the functioning of different Assemblies that constitute the Pan-African Parliament. I owe it to my people and to the National Assembly to take an appropriate decision that this regrettable and condemnable action by the Committee of the PAP warrants. I have, therefore, instructed that the Mauritius delegation should return forthwith to Mauritius. My Government is also envisaging the suspension of our membership of the Pan- African Parliament. We shall keep you and the PAP informed of any decision that we make thereupon.

Thank you.

Madam Speaker!

I will not!

Madam Speaker…

Will you sit down? An hon. Member: Statement sa! An hon. Member: Assize!

Will you sit down?

(Interruptions)

I will not allow anyone to comment at Statement stage.

It is a point of order! It is a point of order!

Pa point of order!

It is a point of order!

You are out of…

The point of order being that a Statement by Minister is not meant to be controversial. An hon. Member: Ale do!

Less so, imputing motive on other Members. Let me tell the hon. Prime Minister that he does not have to add me to any mission.

(Interruptions)

I do not want to participate to any foreign mission.

(Interruptions)

No consultation has been done with the Opposition. And he can remove my name! An hon. Member: Assize!

This is not a point of order!

(Interruptions)

Let me ! Let me ! Vous m’aviez choisi comme arbitre, laissez-moi faire ! Je n’accepte pas que vous continuiez de cette manière. Mardi prochain, vous aurez l’occasion de parler si vous avez envie de parler. Pas aujourd’hui et pas à Statement time !

(Interruptions)

J’ai accepté le Statement. Donc, vous ne pouvez pas aller à l’encontre de ma décision. Personne ! Ni de ce côté-ci, ni de l’autre côté. Non! No more! Hon. Bhagwan! (3.14 p.m.) ICJ ADVISORY OPINION (23 JULY 2025)– STATES’ CLIMATE CHANGE OBLIGATIONS The Minister of Environment, Solid Waste Management and Climate Change (Mr R. Bhagwan): Thank you, Madam Speaker. Madam Speaker, with your permission, I wish to make a Statement following the Advisory Opinion given the International Court of Justice on 23 July 2025 on the Obligation of States in respect of Climate Change. Following lengthy representations made by Pacific Island Law Students, led by Vanuatu Island State, the General Assembly of the United Nations had, in March 2023, requested the International Court of Justice (ICJ) to give an Advisory Opinion on the following two questions – (a) What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations, and (b) What are the legal consequences under these obligations for States where they, by their acts and emissions, have caused significant harm to the climate system and other parts of the environment, with respect to – (i) States, including, in particular, Small Island Developing States (SIDS), which due to their geographical circumstances and level of development, are injured or especially affected by or are particularly vulnerable to the adverse effects of climate change? (ii) Peoples and individuals of the present and future generations affected by the adverse effects of climate change. The International Court of Justice gave the following Advisory Opinion – (i) States have an obligation to protect the environment from greenhouse gas emissions and act with due diligence and cooperation to fulfil this obligation; (ii) States’ legal obligations are not only derived from the United Nations Framework Convention on Climate Change and the Paris Agreement, but should also consider the other sources of most directly relevant law, including the UN Convention on the Law of the Sea (UNCLOS), human rights law and customary international law; (iii) The 1.5°C threshold is an agreed primary temperature goal under the Paris Agreement; (iv) The obligations under customary international law are the same for all States, regardless of whether a State is a party to climate change treaties or not, and (v) States with these obligations incur legal responsibility and may be required to seize the actions causing this, offer guarantee for non-repetition and make full reparation. Madam Speaker, to affirm the findings of the Advisory Opinion of the International Court of Justice, Vanuatu intends to submit a resolution to the UN General Assembly to that effect. This Advisory Opinion is a landmark victory for developing countries, particularly SIDS, as it clearly addresses the Polluter Pays Principle and ensures climate justice. Negotiators on climate treaties will stand guided by this Advisory Opinion. Mauritius will support Vanuatu on the submission of the resolution. The International Court of Justice is the third of four top courts to make an Advisory Opinion on Climate Change. The Inter-American Court of Human Rights had, in early July 2025, ruled that there was a human right to a healthy climate and the International Tribunal for the Law of the Sea had already stated that States had a legal responsibility to control greenhouse gases. The African Court on Human and Peoples’ Rights has recently started the process. Madam Speaker, my Ministry will have a consultation with the Attorney General’s Office and the Ministry of Foreign Affairs, Regional Integration and International Trade on the implication of this Opinion. Madam Speaker, I wish to also inform the House that during the 25th EU-China Summit held on 24 July 2025 in Beijing, the European Union and China have issued a joint statement declaring their intention to raise their respective ambitions to meet global greenhouse gas emissions targets and ensure successful outcomes for the forthcoming COP30. Thank you.

Thank you. Hon. Prime Minister! 16