Kigali, Rwanda, 4th April, 2018- The African Union Southern Africa Regional Office (AU-SARO) between 3-4th April 2018, took to the Republic of Rwanda, the representatives of member states from SADC and COMESA including; Permanent Secretaries of Ministries of Justice and Permanent Secretaries of Ministries of Foreign Affairs, Chairpersons for Parliamentary Committee on International Affairs and some relevant Non-Governmental Organisations from Southern Africa to learn and share experience in ratification and domestication of AU instruments; and sensitise the member states on AU-SARO’s proposed Common Strategy on domestication of the AU instruments and decisions into national policies.

The visit followed the Coordination Workshops that AU-SARO, jointly organized with ECA, PAP, AUC/OLC, SADC and COMESA on Ratification, Domestication and Implementation of Legal Instruments held in 2016 and 2017, when it was revealed that even if they are talking to the same member states and the same ministries, these institutions have their own domestication platform and processes on this matter but all are still suffering with the slow, weak or none domestication of legal instruments. Consequently, there was need to develop a Coordinated Common Strategy on Ratification, Domestication and Implementation of continental and regional legal Instruments. Twenty five participant from Botswana, Madagascar, Malawi, Mauritius, Namibia, Zambia, and Zimbabwe participated in the learning and share experience visit.

AU Regional Delegate to Southern Africa, SADC and COMESA, Dr Leopold-Auguste Ngomo, emphasized stressed that the objectives of visit are; to allow Member States from SADC and COMESA to learn and understand how Rwanda approaches domestication and implementation of the regional and continental instruments; to share knowledge, experience and challenges, and define the best approach and systems for the domestication of the regional and continental legal instruments; to appreciate how governments engage different stakeholders in ratification and domestication process; and to learn how Rwanda and other states ensure effective dissemination of the provisions of different instruments to different institutions and individuals responsible for implementation, monitoring and reporting and eventually to all the population based on their member states scenarios or situations.

On the proposed Common Strategy on domestication of the AU instruments and decisions, he explained that AU, COMESA and SADC need to joins efforts, means and capacities and avoiding prejudicial dispersion by creating one common (AU/RECs) national platform in each member state. These platforms, where AU and RECs will act as secretariat, will meet at regular basis to address the domestication of specific instruments with the key stakeholders relevant to these instruments and following up of the previous decision on domestication or ratification. The tool applies to AU, SADC and COMESA member states in the region and aims at solving challenges that the MS face in domestication process.

Dr Ngomo reiterated that domestication of an international legal instrument by a member state is the official and constitutional process of translating this international legal instrument into one or more national laws. It is when domestication is done that the social, economic and political actors can use them to advance their different development agendas,” said the AURD finishing off his speech by asserting that “Without domestication, there will be no implementation and without implementation, there will be no impact on the ground and no change for our citizens.”

Delivering the opening remarks at the meeting, Guest of Honor, Mrs. Diyana Gitera, Director General in Charge of Multilateral Affairs in the Ministry of Foreign Affairs, Cooperation and East African Community, commended AU-SARO for acknowledging Rwanda’s efforts in domestication of the AU instruments and singling it as a model for other member states to learn and share experience with.

“Rwanda has so far ratified 30 AU instruments, cutting across sectors” She said adding that all the ratified instruments are now part of domestic laws and equally observed as provided for by the Rwandan Constitution which states that upon publication in the Official Gazette, international treaties and agreements which have been duly ratified or approved have the force of law as national legislation.

According her, it has been easy for Rwanda to ratify and implement the international instruments because she has got the institutional framework of oversight institutions covering systems and processes; accountability and reporting for example the line ministry, parliament, CSOs, Media and citizenry that participate in the processes at different levels.

Chairperson of the Parliamentary Committee of Foreign Affairs, Cooperation and Security, Honourable Zeno Mitumira, and a member of the same parliamentary committee, Honourable John Ruku Rwabyoma, emphasized the need for the power sharing; representation and prioritization of national agenda without putting political affiliations to the processes and system, which he said is key factor to Rwandan success to domestication.

Among eight presentations made during the visit was an insights into the status of ratification of AU Charters, Treaties, Protocols and Conventions on the continent that was presented by the State of the Union (SOTU). “Very few Member States have ratified about 37 instruments while rest have ratified less than 10 instruments” said Edward Chileka, from SOTU Malawi Chapter, bemoaning lack of consultation, engagement at national; unavailability of monitoring and coordinating mechanism in MS; lack of communication on domestication process; funding constraints; and corruption as key challenges facing domestication of the instruments.

The key lessons learnt from Rwanda is that the national process for domestication of international and regional treaties, conventions and protocols is defined in Article 167 of the Rwandan Constitution which facilitates the process, which other MS can replicate by including a similar article in their constitution to facilitate domestication of international instruments.

Representatives of the Member States present, agreed on the proposed one strategy to go ahead with the need to integrate with Pan-Africanism, COMESA best practices and experiences and MS specific country situations and institutional framework and structures buy in and understanding of the domestication processes. Among the action plans agreed, MS agreed that states should develop and implement a systematic monitoring systems for domestication of legal instruments; MS should establish funding mechanisms; and that there is need for member states to popularize the decision on one system for domestication to all stakeholders involved in domestication process.

For more information, contact AU-SARO, P.O. Box 30898, Lilongwe 3, Malawi. Tel: +265 1775335; Email: ausaro@africa-union.org