Table 3.2: AU Treaties and Protocols Pending Ratification as at June 2008
No
1
2
Name of the Treaty/ Protocol
Status
Additional Protocol to the OAU Convention General Convention
on Privileges and Immunities, 1980
Phyto-Sanitary Convention for Africa, 1967
Not signed
Remarks/Responsible
Institution
Responsible Ministry is
Foreign Affairs
Not signed
3
Constitution of the Association of African Trade Promotion
Organizations, 1974
Not signed
4
Inter- African Convention on Establishing an African Technical
Co-operation Programme, 1975
Signed on
10/08/2009
5
Agreement for the Establishment of the African Rehabilitation
Institute, (ARI), 1985
Not signed
6
Convention for the Establishment of the African Centre for
Fertilizer Development, 1985
Not signed
7
African Convention on the Conservation of Nature and Natural
Resources, (Revised Version), 2003
Signed 2003
8
Protocol to the African Union Convention on the Prevention
and Combating of Terrorism, 2004
Signed 2005
9
The African Union Non-Aggression and Common Defence Pact,
2005
10
African Youth Charter, 2007
11
African Charter on Democracy, Elections and Governance,
2007
Not signed
Signed 2008
Not signed
Ministry of Industry
and Trade is in the
process of signing and
ratification
Cross-cutting. We
suggest MFAIC should
take the initiative to sign
and ratify
Responsible Ministry not
yet identified
Ministry of Agriculture to
commence procedures
to sign and ratify
Ministry of Natural
Resources to commence
procedures to ratify this
Agreement
Process for ratification
underway
MFAIC has reminded
Defence to act on this
Instrument
We recommend that
procedures towards
its ratification should
commence.
Process for signing and
retification underway
Source: Legal Affairs Unit, Ministry of Foreign Affairs and International Cooperation, March 2012
108.
The CRM received no updated information on the status of ratified instruments with respect to the remaining
steps in the process of incorporation into national law. Under its dual legal system, Tanzania must domesticate
binding instruments if they are to be enforceable at national level. While the country has been slow to domesticate
them, some provisions of these instruments were incorporated into national law, with several modifications.
Some of the recently enacted laws are found not to be in alignment with the minimum standards in international
and regional instruments, namely: the NGOs Act, the Prevention of Terrorism Act, and the Proceeds of Crime Act.
The domestication of ratified instruments remains the ultimate confirmation of Government commitment to the
values and principles it has signed up.
109.
The CRM learnt of an institutionalised Government process for domesticating international and regional binding
instruments. When an instrument is ratified, the line ministry with that responsibility initiates the process of
domestication along with other relevant stakeholders. However, the CRM noted with concern the fragmented
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