Defence Committee reviews legislative proposal seeking to amend Treaty Making and Ratification Act

Defence Committee reviews legislative proposal seeking to amend Treaty Making and Ratification Act

𝐏𝐚𝐫𝐥𝐢𝐚𝐦𝐞𝐧𝐭 𝐁𝐮𝐢𝐥𝐝𝐢𝐧𝐠
𝐓𝐡𝐮𝐫𝐬𝐝𝐚𝐲, 𝟏𝟑𝐭𝐡 𝐅𝐞𝐛𝐫𝐮𝐚𝐫𝐲 𝟐𝟎𝟐𝟓

The National Assembly Defence, Intelligence and Foreign Relations Committee has deliberated on the Treaty Making and Ratification (Amendment) (No. 2) Bill, 2024. 

The legislative proposal, sponsored by Hon. Peter Kaluma, seeks to amend the Treaty Making the Ratification Act, to require a treaty to undergo the legislative process of Bill.

Currently, the role of the National Assembly in treaty ratification is to approve or disapprove the treaty in it's entirety. "We are limited currently in how we process treaties and protocols," Hon. Martha Wangari.

Hon. Wangari emphasized the Committee's objective to find ways to "plug into" the treaty-making process more effectively.

While making his submissions before the Committee Hon. Peter Kaluma proposed that the treaty-making process mirror the legislative process for Bills, including second and third readings, allowing for detailed scrutiny and potential amendments by the National Assembly. "What I seek to change is the extent of involvement in the treaty making and ratification process," Hon. Kaluma stated. 

He pointed out that the legislative proposal seeks to create a system where the National Assembly can make reservations on treaty provisions, ensuring they align with national interests and the Constitution.

Hon. Yusuf Hassan, citing his experience in treaty negotiations, pointed out the practical challenges of applying this model, particularly to multilateral agreements. He highlighted the lengthy and complex nature of treaty negotiations, often spanning several years, against the feasibility of parliamentary involvement at every stage. 

In the meeting Committee Members sought clarity on the most effective way to integrate Parliament into the treaty-making process.

Committee Chair, Hon Nelson Koech acknowledged the potential benefits of incorporating public participation through the legislative process, arguing that it would enrich treaty-making. 

The sponsor of the legislative proposal, Hon. Peter Kaluma acknowledged the Executive's primary role in treaty implementation but stressed the need for a stronger parliamentary voice.

The proposed amendments to the Treaty Making and Ratification Act include a new section 8, outlining a detailed procedure for National Assembly consideration of treaties.

The Bill stipulates that draft treaties undergo all three readings like regular bills, allowing for committee scrutiny, public participation, and amendments. It also mandates that the Cabinet Secretary provide comprehensive information to the National Assembly regarding the treaty's potential impact on various aspects of national interest, including sovereignty, human rights, and financial implications.