ATC180131: Report of the Portfolio Committee on International Relations and Cooperation on the Study Tour to Ottawa, Canada, dated 31 January 2018

International Relations

 [The following report replaces the Report of the Portfolio Committee on International Relations and Cooperation, which was published on page 5 of the Announcements, Tablings and Committee Reports dated 07 February 2018]

Report of the Portfolio Committee on International Relations and Cooperation on the Study Tour to Ottawa, Canada, dated 31 January 2018.
 

The Portfolio Committee on International Relations and Cooperation, having undertaken a Study Tour, aimed at learning best practices in managing a Foreign Service, to Ottawa, Canada from 9-17 September 2017, reports as follows:

 

1.         Introduction

 

International relations are conducted in an increasingly complex world. As a result, the Foreign Service system of South Africa has to be able to respond appropriately and adequately to the ever changing environment. South Africa’s democracy is maturing and its international relations footprint is found across the globe, especially on the African continent. The difficulties in the management and administration of the Foreign Service system have become evident. At present, the management of officials from various departments serving abroad is fragmented, inconsistent and in many cases not optimal. This has led to mixed messages being communicated from the same government without any legal accountability from the Head of Mission.

 

International practice shows that for the effective execution of international relations, a Foreign Service needs to be supported by an appropriate legislative framework. Such a framework should be flexible enough to address these challenges posed at an operational level at foreign missions. South Africa intends to create an enabling legal framework, through which the Foreign Service will be managed and regulated. Thus providing for a single Foreign Service system for the Republic of South Africa.

 

 

 

 

 

1. Delegation

 

1. Members of Parliament

 

1) Honourable MSA Masango (ANC) Chairperson and leader of delegation

2) Honourable BA Radebe (ANC)

3) Honourable DD Raphuti (ANC)

4) Honourable MSA Maila (ANC)

5) Honourable T Kenye (ANC)

6) Honourable S Mokgalapa (DA)

7) Honourable S Kalyan (DA)

8) Honourable H Hlophe (EFF)

 

1. Support staff

 

1) Ms L Mosala, Content Adviser

2) Mr L Sigwela, Committee Secretary

 

1. Office of the Chief State Law Adviser representatives

 

1) Ms T Steenkamp Hefer, Office of the Chief State Law Adviser

2) Mr S Mpongosha, Office of the Chief State Law Adviser

 

1. South African High Commission to Canada representative

 

1) Mr Fernando Slawers, South African High Commission

 

1.2                 Structure of the report

 

This report serves to outline the engagements of the delegation of the Committee (herein after simply referred to as, the Committee delegation) to Ottawa, Canada. The report covers the introduction which gives the background for the study tour and the Committee delegation that undertook it. It also depicts the different constitutional mandates of the Committee and the Department which influenced the undertaking of the study tour. It also covers the country profile, the political and economic landscapes of Canada; the stakeholders met and the thematic issues discussed with them. It concludes with findings made and the conclusions reached by the Committee delegation.

 

2.         Objectives of the study tour

 

2.1        Background

 

The Committee is in the process of considering a tabled Foreign Service Bill (the Bill). This will be the first time in South Africa that a dedicated legislation will be put in place to govern and manage issues related to diplomatic service[1]. The Department conducts its affairs and operations in a global environment, with circumstances and conditions, which are often vastly different and diverse, from the policy context which governs the Public Service within South Africa. It was thus envisaged that the Bill would cater for the unique work environment in which the Department operates, and allow it to fulfil its administrative and management responsibilities within the framework of the South African legislation. It would also create the necessary flexibility to address the challenges posed by it operating in a global level.

 

The matters pertaining to Foreign Service are very technical and emanate from a unique sector of diplomacy, with its own rules of the game. It would be important that before completing its deliberations on the Bill, the Committee embarks on a comparative journey to benchmark with other countries regarding the letter of the Bill and the actual experiences in conducting oversight on the activities of missions abroad.

 

The Committee sees its role being to ensure that this law creates an environment for the appointment of persons to the Service solely on the basis of merit. Such persons should also have demonstrated capability in the promotion of national interest and capabilities to deal with the intricacies of diplomatic practices. The Bill should strengthen the capability of the personnel to conduct studies, analyses and evaluation of events, both domestic and international, that will serve as guidelines for achieving and maintaining an independent foreign policy for the country.

 

According to the Committee, in creating an enabling environment for regulating the Foreign Service sector, the Department is responding to the dictates of the National Development Plan[2] (NDP). The NDP provides that, it should be aimed for a well-run and effectively coordinated state institution with skilled public servants who are committed to the public good and capable of delivering consistently high-quality services, while prioritising the nation’s developmental objectives.

 

In the Committee’s view, Members of the Diplomatic Service are thus required to project South Africa’s interests, both at home and abroad on a wide variety of issues. These include bilateral political and economic cooperation, trade and investment promotion, cultural interaction, press and media liaison as well as a whole host of multilateral issues. It is the Committee’s view that an effective foreign service may help break the bond of underdevelopment.

 

In order to advance expertise, and enhance capacity to develop policies and laws that address these matters and appreciate the complexities, a study tour was proposed to Canada. The study tour was envisaged to provide best practices regarding legislation and tested practice governing Foreign Service, and experiences when conducting oversight on Foreign Service related matters in this country. Alongside the study tour, the Committee would conduct oversight on South Africa’s Mission in the designated country.

 

Canada was chosen on the basis that it has a relatively long experience with diplomatic missions and diplomats. Canada also has established laws, rules or practice on governance of Foreign Service and, like South Africa, it pursues independent foreign policy.

 

2.2        Identified stakeholders

 

The Committee engaged with the following stakeholders in Canada:

• department handling international relations;
• departments handling public service;
• diplomatic training institute;
• Foreign Policy think-tanks and academia; and
•  South Africa’s Mission accredited to the country.

 

1. Aim/Objectives and key questions for this study tour

 

The Committee has the responsibility of oversight regarding the conduct of South Africa’s Foreign Policy abroad, including through the activities of South Africa’s missions abroad[3]. It has been reported[4] that South Africa was emerging as an increasingly recognised role player. It has thus become of interest to the Committee to ensure that the Department builds up a corresponding system of representation abroad. The system envisaged is the one that would be in complete harmony with the objectives of the in-roads regionally and internationally that the government was making. The envisaged legal framework should create an environment that will enable the Foreign Service to respond to challenges in the field of international relations. The rationale is to ensure that the relationships with other countries are in the capable hands of diplomats who had been honed by academic preparation, training and experience in the intricacies of diplomatic practices.

 

The overarching objective of the study tour was to create a learning platform for the Committee in relation to policy and legislative mechanisms to regulate governance and oversight on the international environment. It would create space for the Committee to engage its counterpart committee on legislation governing diplomatic service. The study tour would highlight good lessons and best practices that would benefit the Committee. It would also create avenues for dialogue on various aspects of law-making that are responsive to the regulation of officials operating within the highly volatile and ever changing international environment.

 

2.3.1     Key questions for the study tour

 

Having regard to the overarching concern of this study tour, the following key questions and areas of focus were used to set the framework for engagement between the Committee members (as a delegation) and the relevant authorities in Canada:

 

1. Engage the departments of international relations in visited countries on the aspects of Foreign Service that need to be captured in a Bill. Furthermore, what they have experienced as a department in the implementation of the law regulating their diplomatic service.
2. Engage on how the issue of governance has been dealt with. This relates to how personnel posted abroad from different departments account to the Head of Mission, and to those respective departments.
3. Engage on the working relationship and the kind of understanding reached between Foreign Affairs and other departments like Public Service, Public Works, Trade and Home Affairs, in terms of their respective mandates having to be taken up by Missions abroad.
4. Engage on the selection criteria used and the entrance requirements needed to absorb people into the Foreign Service – merit, examinations, conduct, capabilities.
5. Discussions on the policy aspects that govern diplomatic service, from which the relevant law emanated. Whether foreign policy objectives influence or determine the capacity and numerical strength at embassies abroad.
6. The nature of their system of diplomatic service; whether career or open ended system. The type of offences experiences and the penalties awarded by the law.

 

2.3.2     Foreign Service Institutes, Academies, Universities and Think-Tanks

 

1. Linkages between the department and the Foreign Service institutes in the designated countries, and the strategic role played by these institutes as early warning centres through empirical research on trends influential to foreign policy. The role played by the institutes in the processing of diplomats before being posted. The role played by the Institute at the recruitment stage when seeking entry to the department, or only at the time of posting. Also whether there were minimum requirements for postings abroad.
2. The type of curricula run by the institutes and collaboration with other stakeholders.
3. The cost of running the academies and the kind of challenges that could be expected.
4. Engagements on the challenges facing emerging powers as emerging development powers. How can diplomats of South-South cooperation work together to achieve aspirations of a better life for all?
5.  How do the research institutes feed into the narrative of foreign policy, do they play a seminal role in building political and policy consensus that enables the countries to interact with the world?

 

3.         Overview of the study tour

 

3.1        Country profile: South Africa-Canada Bilateral Relations[5]

 

According to the country profile document, Canada is the world's second largest country by surface but relatively small in terms of population (36, 6 million). A federation of former British colonies, Canada follows the British pattern of parliamentary democracy, and the United Kingdom (UK) monarch is the head of state. Both English and French enjoy official status, and mainly French-speaking Quebec, where pressure for full sovereignty has abated in recent years, has wide-ranging cultural autonomy. Indigenous peoples make up around 4% of the population.It is one of the world's most ethnically diverse and multicultural nations, the product of large-scale immigration from many other countries. Its advanced economy is the 11th largest in the world, relying chiefly upon its abundant natural resources and well-developed international trade networks. Canada's long and complex relationship with the United States of America (US) has had a significant impact on its economy and culture.

 

In its briefing document, the Department noted that Canada is one of world's top trading nations, and one of its richest. Alongside a dominant service sector, Canada also has vast oil reserves and is a major exporter of energy, food and minerals. Canada is the 11th largest export economy in the world. It was reported as highly integrated with the US economy, which absorbs 74% of its goods exports and is the source of around 54% of its imported goods. The US exerts a powerful economic and cultural influence on Canada.

 

Canada was reported as a realm within the Commonwealth of Nations, a member of the Francophonie, and part of several major international and intergovernmental institutions or groupings including the United Nations (UN), the North Atlantic Treaty Organization (NATO), the Group of 7 (G7) (formerly G8), the Group of Ten, the Group of 20 (G20), the North American Free Trade Agreement (NAFTA) and the Asia-Pacific Economic Cooperation (APEC) forum.

 

 

1.  

 

The politics of Canada were reported to function within a framework of parliamentary democracy, and a federal system of parliamentary government with strong democratic traditions. Canada is a constitutional monarchy, in which the Monarch is head of state. The country has a multi-party system in which many of its legislative practices derive from the unwritten conventions of and precedents set by the United Kingdom's Westminster Parliament. However, Canada has evolved variations: party discipline in Canada is stronger than in the United Kingdom and more parliamentary votes are considered motions of confidence, which tends to diminish the role of non-Cabinet Members of Parliament.

 

The two dominant political parties in Canada have historically been the Liberal Party of Canada and Conservative Party of Canada (or its predecessors), however, the social-democratic New Democratic Party (NDP) has risen to prominence, and even threatened to upset the two other established parties during the 2011 election. Smaller parties like the Quebec nationalist Bloc Québécois, and the Green Party of Canada have also been able to exert their own influence over the political process. Far-right politics has never been a prominent force in Canadian society.

 

It was reported that the Liberal Party, after dominating Canadian politics since the 1920s, was in decline in early years of the 21st century. They lost their majority in Parliament in the 2004 election, were defeated in 2006, and in 2008 fell to their lowest seat count in decades and a mere 26% of the popular vote.  In the 2011 election, the Liberals suffered a crushing defeat, managing to secure only 18.9% of the vote share and only 34 seats. As a result, the Liberals lost their status as official opposition to the NDP.

 

On 14 April 2013, Mr Justin Trudeau, son of former Prime Minister Pierre Trudeau, was elected leader of the Liberal Party. Following his win, support for the Liberal Party increased considerably. Despite the grim outlook and poor early poll numbers, when the 2015 election was held, the Liberal Party had an unprecedented comeback. Gaining 148 seats, they won a majority government for the first time since 2000. It was pointed out that the Liberal Party has since embarked on an ambitious and transformative policy agenda.

 

It was highlighted that Prime Minister Trudeau, on 13 July 2017, approved the appointment of Ms Julie Payette as the next Governor-General of Canada. Ms Payette would succeed Mr David Johnston, who has served as Governor General since 1 October 2010. The installation ceremony for Ms Payette would take place later in 2017.

 

The Liberal Party heads the government since winning the general election in 2015. Prime Minister Justin Trudeau has made significant changes and announcements that have reshaped Canadian foreign policy since being sworn in as Prime Minister in November 2015. It was mentioned that Canada’s foreign policy recognises the changing global order and the shifting balance of power. It is as such aimed to step up to play a leadership role on the world stage as the US turns inward to focus on its own national interests. The country on 9 June 2017 also adopted its first feminist development assistance policy that is aimed to boost women’s rights by improving access to abortion and empowering women.

 

1. Foreign policy objectives

 

Canada has identified its 2017-18 priorities for advancing the government’s foreign policy agenda. These priorities would be advanced through strategic bilateral and multilateral engagement. This would also include public diplomacy and advocacy in preparation for Canada’s presidency of the G7 in 2018, and in collaboration with a diversity of partners in Canada and abroad.

 

3.4        Economic overview

 

It was said that Canada has the 11th largest economy as ranked by nominal Gross Domestic Product (GDP), and the 20th largest GDP per capita based on Purchasing Power Parity (PPP). Canada is regarded as one of the world's wealthiest nations and a member of the Organization for Economic Co-operation and Development (OECD) and the Group of Seven (G7).

 

3.5        Bilateral relations

 

It was highlighted that Canada’s largest categories of imports from South Africa in 2016 were vehicles, vegetables, beverages and alcohol, and chemical products.  South Africa’s main imports from Canada in 2016 were machinery based (i.e. electrical equipment, television and sound recorders), followed by chemical products, vegetables, vehicles, optical, photographic and surgical equipment, base metals, and animal products[6].

 

It was reported that structured bilateral cooperation between South Africa and Canada takes place within the framework of a Declaration of Intent on Strengthened Cooperation, which was signed in 2003 and laid the foundation for the Annual Consultations. Under the Annual Consultations, the two countries meet annually at Senior Officials’ Level.

 

South Africa was reported to have hosted a successful meeting of the 11th South Africa-Canada Consultations on 25 April 2017. The meeting was co-chaired by Director-General of the Department of International Relations and Cooperation, Kgabo Mahoai, and Deputy Minister of Foreign Affairs of Global Affairs Canada (their Foreign Office’s most senior civil servant) Ian Shugart, of Canada. The discussions covered a range of areas of mutual interest, including foreign policy, regional cooperation, economic, scientific, social and cultural issues.

 

The meeting was said to have underscored the importance of the bilateral relationship, acknowledging the historic bonds between the two countries, including Canadian support for the liberation struggle in South Africa. South Africa welcomed Canada's renewed commitment to multilateralism and international diplomacy to find solutions to common global and regional challenges. Canada also committed to continue its support for democracy, governance and capacity building in South Africa, within the context of the National Development Plan, the Medium Term Strategic Framework, and Government's 9 Point Plan.

 

There have been frequent high level visits over the past few years, including the visit of the Governor General of Canada, Mr David Johnston to South Africa in May 2013, the visit of former Deputy President of South Africa, Mr Kgalema Motlanthe, to Canada in November 2013. Other visits included the one in August 2016, where President Jacob Zuma met with Prime Minister Justin Trudeau on the margins of the G20 Summit in Hangzhou, China, at the request of the Prime Minister. During this meeting, President Jacob Zuma extended an invitation to Prime Minister Trudeau to visit South Africa.

 

It was noted that the South African Mission in Beijing reported that President Zuma had undertaken to support Canada’s candidature for election as a non-permanent member of the UN Security Council for 2021-2022 during a meeting with Prime Minister Trudeau on the fringes of the Hangzhou G20 Summit in China.

 

In recognising Canada’s role in the fight against the Apartheid in South Africa, it has been reported that the South African Government awarded former Prime Minister Brian Mulroney with the Order of the Companions of OR Tambo in Gold on 8 December 2015.

 

South Africa has a strong and well established trade relationship with Canada.  While trade between South Africa and Canada has declined since 2011 due to the global economic crisis, the trade deficit still remains in South Africa’s favour and the levels of trade are growing steadily.

Both South Africa and Canada are said to be significant global producers of mineral resources that involve extensive mining. This is seen as a natural area of cooperation and there is a growing interest on both sides to increase both investments and mining related trade. There were many opportunities in the area of mining equipment and technologies on both sides.

 

Canada was celebrating its 150th Anniversary of Confederation (being promoted by the Canadian Government as “Canada 150”) during 2017.

 

3.6        Parliamentary Cooperation

 

It was reported that a bilateral visit to South Africa of the Canada-Africa Parliamentary Association took place on 4 March 2016. The purpose of the meeting was to encourage exchanges between African and Canadian parliamentarians, to enhance understanding of important issues facing the African continent, and to foster cooperation in all areas of undertaking.

 

1. Relationship with the United States

 

It was mentioned that relations between Canada and the US historically have been extensive, given a shared border and ever-increasing close cultural, economic ties and similarities. The shared historical and cultural heritage has resulted in one of the most stable and mutually beneficial international relationships in the world. For both countries, the level of trade with the other is at the top of the annual combined import-export total. The US is ten times larger in population and has the dominant cultural and economic influence.

 

In addition to their close bilateral ties, Canada and the US cooperate in multilateral fora, including international efforts to combat terrorist financing and money laundering. The two countries belong to a number of the same international organizations, including the United Nations, the North Atlantic Treaty Organisation, World Trade Organisation (WTO), the G7, the G20, Organization for Security and Cooperation in Europe (OSCE), Organization for Economic Cooperation and Development, Organization of American States (OAS), and Asia-Pacific Economic Cooperation forum.

 

1. Discussions with stakeholders met in Canada

 

1. Parliamentary Centre

 

Meeting with Mr Jean-Paul Ruszkowski: CEO and President of the Parliamentary Centre of Canada; 11 September 2017

 

The Parliamentary Centre is a Canadian not-for-profit, non-partisan organisation, established in 1968, as a support centre for Canada’s Parliament, offering specialist and research services to parliamentary committees, services which are crucial for parliamentarians to effectively perform their work. The Centre’s guiding principle is that every citizen has the right to participate meaningfully in the decisions of government, and to hold government to account for those. They believe that effective, democratic legislatures which engage with civil society and represent citizens are crucial to democratic governance and sustainable development. The Centre has a strong presence in Africa, with a regional office in Ghana. It also maintains solid relations with partners in Asia, Eastern Europe, the Americas and the Middle East.

 

It will be recalled that the Canadian Parliament was on recess during the period that the Committee delegation visited the area. Therefore, the meeting with the Parliamentary Centre was to discuss how the Canadian Foreign Affairs Committee would react to the issues raised in relations to the Foreign Service Bill. Mr Ruszkowski was joined in the discussions by Mr Greg Fergus, a Member of the Finance Committee of the Canadian Parliament.

 

In response to the objectives of the study tour, the Parliamentary Centre indicated that issues of foreign affairs were still very elitist in Canada. There was a need to domesticate foreign policy for other ordinary citizens to understand and support it. In order for one to join the Canadian Foreign Service, one ought to be at 32 years, and professionalism was the key element of the overall entry requirement for any public servant in Canada. In order for a candidate to qualify for entry into the Foreign Service of Canada, one has to undergo a competitive examination held by the Canadian Foreign Service Institute of Global Affairs Canada (Canadian Ministry of Foreign Affairs).

 

Language proficiency was an imperative requirement to equip the would be Foreign Service personnel with communication skills in a second language of choice, or of the station such an official would be posted. A Foreign Service officer should have a basic degree training through a university before applying to join the public service. Promotions are afforded in a competitive manner through refresher courses and relevant examinations. Only citizens of Canada are eligible to join the public service and the Foreign Service. Minority groups and persons with disabilities are also considered.

 

There was no doubt in terms of the fact that the Head of Mission should take the lead in terms of legal accountability and overall management of a foreign mission of Canada. Sister departments represented at a foreign mission have to abide by the Foreign Service guidelines, which are binding on all personnel posted abroad. There are exceptions however, for example, the Military Attaché can wear their military uniforms to work, as a basic requirement for their own sector. Public service of Canada is highly unionised, therefore the laws governing public servants have to take this into consideration.

 

The Office of the Prime Minister of Canada has a prerogative to designate political appointees to the Canadian missions abroad, while the other career diplomats are also appointed. The Minister of Global Affairs Canada has the overall responsibility to draw up regulations governing the Foreign Service of Canada. In terms of oversight, the Foreign Affairs Committee of the Parliament of Canada is responsible for the overseeing the activities of Global Affairs Canada. The Minister accounts to Parliament on a regular basis, either through reports or when called upon to do so. At times the Global Affairs Canada would immediately put out fires if there is a problem in one of the missions. The assessment made on a case by case basis would determine whether bringing a matter to Parliament would further tarnish the image of Canada internationally.

 

Global Affairs Canada has an Inspector General unit which oversees all issues of compliance expected of the missions; including recommending a course of action to be taken in order to remedy the obtaining situation. Such investigations undertaken by the Inspector General would not come before the Foreign Affairs committee. However, if a systematic abuse of power occurs in a mission, the Foreign Affairs committee would intervene. The committee can call upon any witnesses in its processes to hold the Minister to account.

 

Global Affairs Canada is responsible for all immovable assets being used by Canadian missions abroad. In terms of disciplinary processes, the Head of Mission is responsible to undertake any disciplinary action against a defaulting Foreign Service official, regarding non-performance or unbecoming behaviour. A Head of Mission may ask for a removal of an officer, then the relevant sister department would take over disciplinary action needed.

 

In terms of consultative mechanisms regarding the activities of provinces and municipalities in foreign affairs related activities, the principle of working together for a common good for Canada applies. Global Affairs Canada had to reach an understanding with the provinces, and they are now represented in various United Nations agencies with provincial interests but in line with aspirations of the national interest of Canada. In terms of the size of the Canadian global footprint, their view was that Canada pursues an independent foreign policy, and in order to be a significant player in global affairs, Canada needed to be present globally in accordance with its national interest.

 

4.2        The MacDonald-Laurier Institute (MLI)

 

Meeting with Dr Brian Lee Crowley: Managing Director of the MacDonald-Laurier Institute (Think-Tank); 12 September 2017

 

The Institute presents itself as Canada's only truly national public policy think tank based in Ottawa. MLI is rigorously independent and non-partisan, as symbolized by its name. Sir John A. Macdonald and Sir Wilfrid Laurier were two outstanding and long-serving former prime ministers who represent the best of Canada's distinguished political tradition. A Tory and a Grit, an English-speaker and a French-speaker, each of them championed the values that led to the creation of Canada and its emergence as one of the world's leading democracies and a place where people may live in peace and freedom under the rule of law.

 

MLI's activities include:

 

• Initiating and conducting research identifying current and emerging economic and public policy issues facing Canadians, including, but not limited to, research into defence and security, foreign policy, immigration, economic and fiscal policy, Canada-US relations, regulatory, regional development, social policy and aboriginal affairs; and
• Providing research services on public policy issues, or other facilities, for institutions, corporations, agencies and individuals, including departments and agencies of Canadian governments at the federal, provincial, regional and municipal levels, on such terms as may be mutually agreed, provided that the research is in furtherance of these objects.

 

In response to the study tour objectives, Dr. Crowley’s views were that the role of think-tanks should not be to pursue politicians to change policies, but to feed politicians with policies that would promote a particular narrative in support of achieving national interest. In the Institute’s view, an effective Foreign Service should be based on national interest. As a country, Canada emerged from a free market access within Canada. For Canada to survive, its Foreign policy stance with the US has to pursue a geostrategic interest.

 

Canada has had to accept that it will always be a weaker partner in their bilateral relationship. As a result, it identified a need for diplomats who understand this strategic policy narrative, who will instead opt to closely engage with the powerful neighbour through strengthening multilateral relations with the US. Canada should strive for a non-partisan foreign service with strong views of pursuing national interest. Their recommendation was that it was paramount to have a professional and independent foreign service, with the requisite examinations as a basis for entry and promotion within the foreign service system.

 

4.3        Global Affairs Canada

 

4.3.1     Overview of Global Affairs Canada by Ambassador Sacha Levasseuk (Bilateral Relations), 13 September 2017

 

Ambassador Levasseuk explained that Global Affairs Canada (GAC) is the statutory body/department mandated to execute the foreign policy of Canada. The department has merged foreign affairs, trade and development assistance which was initially handled by the Canadian International Development Agency (CIDA), and as a result of this change, the challenges of harmonising different policies began in earnest.

 

In response to the objectives of the study tour, it was pointed out that Canada placed a very high value on having a professional, independent and non-partisan Foreign Service. It was emphasised that the value of this approach was that any government, regardless of political affiliation, would be confident that the Canadian Foreign Service would be able to professionally serve and execute the foreign policy of Canada. It was further mentioned that the challenges in the line of command in missions was also a common problem in Canada. However, it had become clear that where there was a separation of functions, the Head of Mission was left with no legal accountability of what happens in his/her mission.

 

It was noted that often integration would be understood at the higher level of the executive, but it would disintegrate at the lower levels (transferred officials level) where it is needed to be practised. In the experience of Global Affairs Canada, where it became difficult to enforce the single command rule, the Head of Mission should have psyche-management skills and be proactive, in order to get a buy-in from personnel from other departments. Serving national interest should be the baseline for any activity in the mission, and therefore, the Head of Mission would have the ultimate responsibility.

 

As a general rule, in the missions of Canada abroad, there can be only one captain, and ‘there is only one pen’ (one pen policy) authorised to sign-off on any activities of the mission. The Foreign Service personnel from other departments would be under administrative supervision of their parent departments, but under functional supervision of the Head of Mission where they serve. If there would be a need to remove a Foreign Service personnel, the Head of Mission would consult with Global Affairs Canada for the recall to take place, and the relevant department for the necessary administrative arrangements to effect the change. Any issues related to performance in the mission are handled by the Head of Mission.

 

With regard to LRPs, they are subject to the local laws of the country of accreditation in terms of their conditions of employment and related matters. Due diligence has to be exercised when dealing with LRPs, as their activities or omissions can tarnish the image of the sending state.

In terms of quotas for posting, Canada has a 100% approach of career diplomats occupying positions abroad. It only reported having about five missions headed by political appointees.

 

4.3.2     Oversight model

 

The Minister responsible for Global Affairs Canada is accountable to the Foreign Affairs Committee in the Parliament of Canada. The committee can call upon the Minister to account on any issue of a foreign affairs nature. Where there is a strong public opinion on a related issue, the committee would demand a stronger level of accountability from the Minister. As a gesture to protect national interest, where an issue has the potential to further tarnish the image and international profile of Canada, the committee would allow the Minister space to deal with the matter internally and later report on the outcome. There are mandatory reports which the Minister should table in Parliament.

 

4.4        Canadian Foreign Service Institute

 

The Canadian Foreign Service Institute (CFSI) is the primary training provider for Global Affairs Canada and offers more than 150 learning activities. It is the Government of Canada's Centre of Expertise on learning related to International Affairs.

 

Its main role is to provide top-quality, timely learning programs in the areas of international affairs, foreign languages, intercultural effectiveness, professional and management development and corporate accountability.

 

CFSI offers training programs to various departments and agencies of the federal government under the principle of cost recovery. It offers specialized courses in International Affairs, using a multi-faceted approach, including the political, economic and commercial suites: negotiating skills, policy analysis and development, international business development, economics, finance, investment and many others.

 

CFSI works with other teaching and training establishments, both within Global Affairs Canada and across the federal government, including the Canada School of Public Service, to share information and best practices in order to continuously improve our programs and services and to encourage the formation of new partnerships.

 

The Canadian Foreign Service Institute's (CFSI) mandate was approved in 2007. It encompasses training and development needs of the various groups and levels of employees in the department, as well as the requirements for management development

 

CFSI has departmental responsibility for coordinating the implementation of the government-wide policy on learning, training and development and for providing advisory services on the development of individual and organizational learning plans.

The CFSI mandate:

 

• Align its programs with the Department of Foreign Affairs, Trade and Development (DFATD) and Government of Canada priorities.
• Become a recognized Government of Canada (GOC) Centre of Expertise for International Affairs Learning, Foreign Languages and Intercultural Effectiveness.
• Serve the needs of DFATD as defined by its mission and management direction as the primary provider of career-long learning for all departmental employees.
• Provide training on corporate systems critical to DFATD resource management.
• Maximize use of leading edge technologies to enhance learning and streamline operations.
• Offer one-stop learning advisory services through a visible client services center.
• Conduct systematic learning needs assessments and cyclical evaluations of courses and programs.
• Produce comprehensive Annual Learning Reports covering all DFATD training activities.
• Foster partnerships with other DFATD training providers, the Canada School of Public Service, OGDs, provinces and other learning organizations.

 

It puts emphasis on the importance of learning foreign languages. The reason for having proficiency programs is to increase professional competency and to facilitate social integration during assignment abroad.

 

In response to the objectives of the study tour, Ms Roxanne Dubé pointed out that due to the ever-changing nature of international relations, there is a constant need to equip diplomats with new information, skills to handle such information and early warning tools to enable them to timeously advise the government of Canada of potential risks to national interest, and how to respond to such eventualities. A need was identified for a nerve center which would look for major trends influential to Canada’s foreign policy, and have early warning systems that can look into both short, medium and long term strategies of policy implementation in order to achieve on its mandate.

 

The Institute is part and parcel of the Global Affairs Canada. It is a mandatory reference school for the Canadian public service and other Canadian partners for learning and professional development in international policy. It prepares the qualifying would be Foreign Service personnel to represent Canada abroad. Such officers should be citizens of Canada, however one qualifies if he/she has dual citizenship. The Institute offers training programs to Global Affairs Canada personnel at no cost, and to federal and provincial public servants, non-governmental organisations, and foreign governments on a cost-recovery basis.

 

The Institute has five (5) centers of excellence, focusing on training Foreign Service personnel mainly on: (i) foreign languages for training in 44 languages to assist diplomats integrate; (ii) general administration, corporate planning and evaluation services; (iii) intercultural learning and international assistance for ability to communicate with people of another culture, and necessary skills for implementing international assistance programming; (iv) corporate services learning, for interpretation and implementation of corporate accountability, financial management, ICT, procurement, asset management; (v) learning for international affairs and management, for specialised courses on different diplomacies, policy advice, training for Heads of Mission, knowledge of key countries, national interest. Further training is often organised with external partners in the academia, to complement resources. Training on international relations is also offered to provinces and the private sector. On the other hand, the Institute does engage with the academia, private sector and civil society, to get their views on the way Canada should focus their foreign policy narrative. There is also focus on training the youth as future diplomats.

 

In the Institute’s experience, it has been a challenge to bring together other departments to agree to abide the single command rule. However, all Foreign Service personnel sign to abide by the Foreign Service Guidelines, which regulate foreign service. Where there are challenges, the Inspector General’s office would have to intervene and decisive steps be taken to remedy the situation.

 

Heads of Mission undergo a mandatory pre-posting specialised training on dos and don’ts before going on posting. Currently, Canada has 5 Heads of Mission who are political appointees and the rest are career diplomats. First time Heads of Mission are given special attention, to guide them step by step on their new mandate. Their level of experience and professional training would determine the level of monitoring and assistance needed. All officers have to know about domestic challenges, diverse cultural heritage and different languages to be able to sell the country abroad.

 

Provinces had been very difficult to deal with especially when they conduct foreign affairs activities. However, government has made it clear that Canadians can differ internally about policies, but when beyond the borders they should speak in one voice.

 

4.5        Inspection, Integrity and Values and Ethics Bureau

 

This is an important unit in Global Affairs Canada (Risk Management unit) mandated to mitigate risks for the department and focus on various issues affecting the 168 missions of Canada abroad and individuals. These could be issues ranging from integrity, mental health, financial health and management, values, ethics, misconduct, fraud, psychological issues, non-performance, asset management, welfare of staff, conflict management, violation of codes and regulations, protection of whistle-blowers and others, with the aim of resolving them before the Foreign Affairs Committee can intervene.

 

The Inspector General’s office works hand in hand with the internal audit committee and the office of the Auditor General to address risk areas. A spot check on missions can be done on 10-12 missions a year, depending on the severity of issues being investigated. Heads of Mission sign a performance agreement, and swear allegiance to good ethics, sound financial management, asset management and general acumen becoming of a representative of a head of state. The Inspector General would recommend any remedial course action needed in any given situation.

 

4.6        Human Resource Unit

 

This Unit focuses on mainstreaming personnel into Global Affairs Canada. Such persons must be ready to be rotational both in Canada and abroad as a condition of employment; and must be mobile, that is, able to move periodically between positions at headquarters, and may be assigned abroad.

 

Such persons should be individuals who can demonstrate adaptability and resilience, cross cultural sensitivity, networking and alliance building, judgement in a global context, interpersonal skills, integrity and respect, initiative and innovation, client service and results, effective communication skills in French and English, fluency in other foreign languages where Canada has operations abroad. Condition of employment are such that the personnel should have a Bachelor’s degree from a recognised university, be fluent in French and English, have a Secret or Top Secret Security clearance, agree to rotation and mobility. Telephone interviews are also done to assess interpersonal skills.

 

4.7        Norman Paterson School of International Affairs (NPSIA), Carleton University

 

NPSIA is a professional school of international affairs at Carleton University that was founded in 1965. The school is housed in the River Building, on Carleton's campus in Ottawa, Ontario, Canada.

 

For 50 years, The Norman Paterson School of International Affairs (NPSIA) has been training Canada’s best and brightest graduate students in international affairs. They have well over 2,000 alumni, many of whom have gone on to key leadership positions in the Canadian federal and provincial public service, foreign governments, the United Nations, and the private and not-for-profit sectors. NPSIA offers the most comprehensive, advanced degree programs in international affairs at the Master’s and Doctoral level in Canada. The NPSIA program is interdisciplinary, reflecting the philosophy that exposure to a wide range of disciplines such as political science, economics, law, sociology, public health and history is necessary to develop an understanding of our complex global environment.

 

Their mission is the training of students for leadership in a world. The world has the destinies of all countries increasingly linked by considerations of conflict resolution and peacebuilding, international trade and finance, development, human rights, governance, environmental stewardship, and the sharing of human and natural resources. NPSIA is proud of its reputation for producing diverse, well-educated and sophisticated international affairs professionals.

 

The Norman Paterson School of International Affairs focuses on providing students with more than an academic, classroom experience. In order to prepare students for future careers, NPSIA utilises various programs that provide students with opportunities to enhance their interest and knowledge through conferences, internship programs, exchange programs, as well as providing access to general information.

 

Diplomat and Foreign Service Training is an intensive program offered by NPSIA. It also offers professional training and development to Canadian and international clients on a customised basis.

In his presentation in response to the objectives of the study tour, Professor Teddy Samy indicated that the university has a School of International Affairs which provides training at Master’s level for students who aim to be diplomats and join the Global Affairs Canada. The school accepts around 130 Master of Arts (MA) students every year, who are thoroughly trained to be political analysts. The school identifies the critical areas of Canadian foreign policy and customise training of would be diplomats on those areas. Currently, because of the 9/11 events the focus is on political intelligence, international security and terrorism. Peace-keeping is another important component of Canada’s foreign policy, so it is a priority area too.

 

The school customises other short courses for serving diplomats in Global Affairs Canada, to refresh them on an on-going basis, to be in sync with the ever-changing trends in international affairs, and assist them to respond to such in an appropriate manner. The School often collaborates with the Canadian Foreign Service Institute in providing foreign policy related training to Foreign Service officials. Professor Samy views were that there was no question in terms of the Head of Mission taking the lead over all activities of the Mission. The different departments participating in foreign missions should harmonise their policies around the dictates of the Foreign Policy of a country. The School focuses on training political analysts, who would be able to report back to headquarters on issues that would impact the country negatively. For the Master’s programme, students have to learn a second language as a basic prerequisite, to be able to have a conversation when posted abroad. The School also has on-line courses and offers a PhD programme.

 

1. Pearson Centre for Progressive Policy

 

It is a dynamic think-tank that engages Canadians in an active dialogue, about a progressive future for Canada. It advances progressive and centrist democratic values, and among its policy focus areas is international affairs. It was founded to counter the growing number of conservative and neo-conservative think-tanks that are driven by strong right wing ideology.

 

By contrast, it seeks to take a balanced approach to promoting policy alternatives which prioritise facts over ideology.

 

The Centre offers legal counsel services to embassies of Canada abroad. Its presentation was meant to demonstrate the role of non-governmental organisations (NGOs), in influencing government policy. The Centre’s modus operandi were anchored on gentle persuasion on various departments and parliamentarians to change policy; and for relevant officials, the private sector and civil society to support such a policy. It was mentioned that often it is easier for NGOs to influence decisions of government. Embassies abroad become platforms for lobby groups to try and influence policy. As a lobby group, the Centre seeks to gain more and more space for gentle persuasion, to influence parliamentarians and diplomats to adopt a policy narrative that would assist Global Affairs Canada in its work abroad.

 

The Centre works very closely with Global Affairs Canada. It lobbies other stakeholders on behalf of Global Affairs Canada; and holds awareness campaigns explaining the work of Global Affairs Canada, for example, in Syria, so that the ordinary Canadian can begin to understand why Canada would be involved in Syria; and why 50% of Canadian aid would go to Sub-Saharan Africa. With regard to the constant challenge to maintain a single command at the missions, the Centre was of the view that it has to be done accordingly. The Head of Mission is responsible for all the activities of the mission. He/she accounts to the foreign government, so if he wishes to have an officer recalled, he must be able to do so.

 

4.9        Public Service Commission of Canada

 

The meeting with the Public Service Commission of Canada (PSC) covered an overview of how the public service of Canada is structured, and what legislative framework exists to deal with regulations and orders governing the public service. Mention was also made of the regulatory framework for issues concerning Locally Recruited Personnel (LRPs). According to the presentation of Mr Michael West, the population of Canada is 36,155,487[7], with a total Federal public service population estimated at 258,979. This number of public servants excludes security forces and LRPs.

 

The core mandate of the PSC is to safeguard the non-partisanship nature of the public service and maintain merit-based staffing. It essence it means that a person enters the public service if he/she meets essential qualifications for the work to be performed; such appointments are free from political influence; and employees have the right to engage in political activities so long as it does not impair or is not perceived as impairing impartial performance of duties.

 

The PSC runs a School of Public Service, which targets students and newly graduated persons, introduces them to the public service sector, and trains them basic soft skills in management, communications and negotiations skills. Such candidates must have adequate proficiency in both official languages of English and French. Then Global Affairs Canada would be able to identify persons with skills needed for entry into the Foreign Service of Canada, and subsequently provide them with foreign affairs specific type of training. In general, all public servants are subject to the Public Service Code of Service, once in posting, such officers are also subject to the Foreign Service Guidelines which are administered by Global Affairs Canada, and are binding on all Foreign Service personnel. Only citizens of Canada are eligible for recruitment, and there is no special quota for the disabled and women.

 

4.9.1     Locally Recruited Personnel (LRPs)

 

According to the PSC, two departments are authorised to hire LRPs; namely Global Affairs Canada (GAC) and the Department of National Defence (DND). There were estimated 4,700 LRPs hired by Global Affairs Canada for its missions abroad and for other Canadian organisations abroad. The National Defence has about 300 civilian LRPs in member countries of the North Atlantic Treaty Organisation. Since LRPs are recruited outside the borders of Canada, and work outside Canada, they are excluded from the application of the Canadian Public Service Act. They are instead governed by regulations that create a fair and transparent regime, similar to that of the Public Service Act, but that take into account local laws and work practices. The PSC can, in consultation with Global Affairs Canada, amend these regulations aimed at creating a transparent regime; currently amendments were being considered to provide for a more flexible staffing regime, reflective of the new direction in staffing in government; and the one that would give the DND the authority to hire and employ local civilian staff wherever the Canadian forces are located.

 

10.        Findings

 

10.1      The issue of a single Foreign Service is a challenge in many jurisdictions. However, it should be enforced in order to have a legally accountable Head of Mission. Canada subscribes to a ‘one pen policy’ principle, where only the Head of Mission has the overall responsibility of the activities of a Mission.

10.2      Other departments represented at a foreign mission have to abide by the Foreign Service guidelines, which are binding on all personnel posted abroad.

10.3      Canada places high value on a professional, independent and non-partisan Foreign Service.

10.4      In order to join the Foreign Service, one has to be 32 years old and have a basic degree from a reputable university.

10.5      The role of unions is important in discussions of legislation affecting Foreign Service personnel, as they are still part of the overall public service sector.

10.6      Entry into Foreign Service demands passing of sector specific examinations, proficiency in foreign languages, professionalism and overall good decorum. They should be ready for rotation and mobility as a condition of service.

10.7      Inspector General oversees issues of compliance in foreign missions. This includes recommending a course of action to be taken in order to remedy the obtaining situation. unit has to address challenges in the missions effectively, even before Parliament can intervene.

10.8      The Foreign Service Institute plays a pivotal role in preparing Foreign Service personnel. It collaborates with training institutes of other departments in preparing diplomats for posting. The Institute does engage with the academia, private sector and civil society, to get their views on the way Canada should focus their foreign policy narrative.

10.9      Citizens are eligible for posting, in Canada even citizens with dual citizenship qualify, but not at the head of mission level. They should have received a Secret or Top Secret Security clearance.

10.10    Canada prioritises posting of career diplomats especially at Heads of Mission level. It currently has only 5 Heads of Mission who are political appointees.

10.11    Global Affairs Canada has the overall responsibility for management of all movable and immovable assets being used by Canadian missions abroad.

10.12    Public Service Commission trains all individuals who intend to join the public service. Then Global Affairs Canada would identify and train those with skills needed for entry into the Foreign Service.

10.13    Think-tanks, academia and non-governmental organisations play an important role in training, capacitating and preparing the Foreign Service personnel. They also help improve early warning systems and feed into the progressive narrative of national interest. Collaboration with them is important for a Foreign Affairs department.

10.14    An effective Foreign Service should be based on national interest, and it is advisable to have one message communicated to the outside world, this includes the activities of an international nature carried on by provinces.

10.15    Close collaboration is needed between Finance, Public Service, Home Affairs, Trade, Defence and Foreign Affairs, in order to harmonise policies that affect personnel serving abroad as Foreign Service personnel.

10.16    Matters of recall or requests for removal of Foreign Service personnel are the responsibility of the Head of Mission, in consultation with Global Affairs and the parent department of the concerned individual.

10.17    With regard to para-diplomacy or consultative mechanisms regarding the activities of provinces and municipalities in foreign affairs related activities, the principle of working together for a common good for Canada applies. All spheres of government have to abide by the foreign policy of Canada.

10.18    There is an important oversight role played by Parliament in the pursuit of a functional system of Foreign Service. In terms of oversight, the Foreign Affairs Committee of the Parliament of Canada is responsible for overseeing the activities of Global Affairs Canada. The Minister accounts to Parliament on a regular basis.

10.19    The Locally Recruited Personnel are subject to local laws of the country of accreditation in terms of their conditions of employment and related matters.

 

11.        Conclusions

 

It should be noted that the contents of this report and the findings contained in the report, will serve only as a guide. It will not be binding on the Committee when it considers the Foreign Service Bill.

 

The Committee will need to consider the following areas in the processing of the Foreign Service Bill:

 

11.1   The cost affordability of having in place a Foreign Service befitting of South Africa’s role in multilateral forums.

 

11.2   South Africa, unlike Canada, has no legislative system regulating the Foreign Service sector.

 

11.3   The Committee acknowledges that the manner in which the Foreign Service system in Canada is structured, was consistent with its economic path being a first-world country, with a bigger national budget and the role that Canada plays internationally.

 

11.4   The Committee has noted similarities and differences in the practice and the relevant legislative provisions of Canada, and the proposed provisions in the Foreign Service Bill of South Africa. The Committee would, however, work with the relevant stakeholders in South Africa to improve the legislative framework aimed at governing the Foreign Service of the Republic of South Africa.

 

 

 

 

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[1] Department of International Relations and Cooperation, Strategic Plan 2015-2020

[2] National Development Plan 2030 (2011)

[3] Constitution of the Republic of South Africa 1996, (Sections 55 and 92)

[4] Department of International Relations and Cooperation, Strategic Plan 2015-2020

[5] Briefing document prepared by the Americas and Europe branch for the Committee delegation, 7 September 2017, Department of International Relations and Cooperation

[6] Source: the dti, 2017, http://tradestats.thedti.gov.za

[7] Sources: Statistics Canada Quarterly Demographic Estimate, April 2016