The Committee on Defence, Intelligence and Foreign Relations is considering a legislative proposal that would give Parliament more power over the ratification of international treaties.
The Treaty Making and Ratification (Amendment) Bill 2024 sponsored by MP Peter Kaluma (Homa Bay Town) will ensure treaties undergo a more rigorous parliamentary process, similar to domestic legislation.
According to the National Assembly, the draft Bill proposes subjecting treaties to a series of parliamentary stages, including first reading, committee consideration, second reading and third reading.
The Committee chaired by Chaired by Nelson Koech (Belgut) on Thursday discussed the Bill’s key provisions, which include requiring the Cabinet Secretary in charge of Foreign Affairs to submit draft treaties to the National Assembly for consideration before ratification.
Among the provisions in the bill is for the relevant Cabinet Secretary to notify the National Assembly of any changes to information relating to the negotiation of a treaty within seven days of such change.
Consequently, the relevant Committee of the National Assembly may, in so far as is practically possible, confer with the responsible Cabinet Secretary on areas that may attract reservations by the National Assembly.
It also provides that the relevant Cabinet Secretary shall table an annual report to the National Assembly on the status of on-going negotiation of treaties.
In addition, a treaty submitted to the National Assembly for ratification shall be laid before the House and then forwarded to the relevant committee for consideration.
The legislative proposal also seeks to strengthen public participation in the treaty-making process.
“A committee to which a treaty is .committed for consideration, shall undertake public participation before submitting its report to the House.
“In addition to the information required to be submitted for the National Assembly under written law, the committee may require the relevant Cabinet Secretary to submit further information, including— (a) the social and environmental impacts of the treaty in the short-term, medium-term and long-term; and (b) the nature and evidence of any .public participation conducted on the treaty,” the bill reads in part.
During the meeting, Committee Members raised questions about the potential implications of the draft Bill on the speed of treaty ratification and the government’s ability to conduct diplomacy.
