The Ratification of International Agreements

THE RATIFICATION OF INTERNATIONAL
AGREEMENTS ACT, 2016
A RRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. General responsibility over international agreements
4. Cabinet to consider Cabinet Memorandum
5. Approval of proposal for ratification by National Assembly
6. Ratification of amendment to, or modification of, international
agreement
7. Ratification of protocols to international agreements
8. Depository instruments of ratification
9. Grant of full powers
10. Suspension of operation of, or withdrawal from, international
agreement
11. State reports
12. Domestication process
13. Registry of international agreements
14. Annual report
15. Regulations
SCHEDULE
Ratification of International Agreements [ No. 34 of 2016 695
Single copies of this Act may be obtained from the Government Printer
P.O. Box 30136, 10101 Lusaka, Price K20.00

ional Agreements [ No. 34 of 2016 695
Single copies of this Act may be obtained from the Government Printer
P.O. Box 30136, 10101 Lusaka, Price K20.00

An Act to provide for the ratification of international
agreements and the domestication process; and provide
for matters connected with, or incidental to, the foregoing. [ 7th June, 2016
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Ratification of International
Agreements Act, 2016. 2.

oregoing. [ 7th June, 2016
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Ratification of International
Agreements Act, 2016. 2.

In this Act, unless the context otherwise requires—
“ Attorney-General ” means the person appointed as such
under Article 177 of the Constitution;
“ bilateral agreement ” means an agreement concluded
between Zambia and any other State or between Zambia
and an international organisation that does not require the
ratification of the State;
“ Cabinet ” means the Cabinet provided for in Article 113 of
the Constitution;
“ domestication ” means giving legal effect to an international
agreement or a part of an international agreement, through
legislation or any other enforceable means;
“ full powers ” means a document designating a person to
represent the State in negotiating, adopting or authenticating
the text of an international agreement, expressing the
consent of the State to be bound by the international
agreement, or accomplishing any other act with respect to
the international agreement;
Ratification of International Agreements [ No. 34 of 2016 697
Enactment
Short title
Cap. 1
Cap. 1
Interpretation
GOVERNMENT OF ZAMBIA
ACT
No. 34 of 2016
Date of Assent: 6th June, 2016

eements [ No. 34 of 2016 697
Enactment
Short title
Cap. 1
Cap. 1
Interpretation
GOVERNMENT OF ZAMBIA
ACT
No. 34 of 2016
Date of Assent: 6th June, 2016

“ international agreement ” means an agreement concluded
between States, in written form, and governed by
international law, whether embodied in a single instrument
or in two or more related instruments and whatever its
particular designation, and includes a convention, treaty or
protocol, but excludes a bilateral agreement;
“ international organisation ” means an inter-governmental
organisation;
“ instrument of ratification ” means a document signed by the
President, the Minister responsible for foreign affairs or a
person with full powers to signify consent, by the State, to
be bound by an international agreement;
“ ratification ” means the act by which the State signifies its
consent to be bound by an international agreement, and
includes acceptance, approval and accession where the
international agreement so provides;
“ Registry ” means the Registry of International Agreements
established pursuant to section thirteen;
“ reservation ” means a unilateral statement, however phrased
or named, made by the State when signing or ratifying an
international agreement whereby the State intends to
exclude or modify the application of certain provisions of
an international agreement to the State.

ternational agreement whereby the State intends to
exclude or modify the application of certain provisions of
an international agreement to the State.

3. (1) Where the question of ratification of an international
agreement arises, the Minister responsible for the subject matter
of the international agreement shall, subject to subsection (2),
consider whether it is in the best interests of the State to ratify the
international agreement. (2) The Minister referred to in subsection (1) shall, in
determining whether it is in the best interests of the State to ratify
an international agreement, consider—
(a) the object of the international agreement;
(b) whether existing legislation adequately addresses the object
of the international agreement;
(c) the impact of implementing any measure specified in the
international agreement; and
(d) any legislative measures that may be required to give
effect to the international agreement. 698 [ No. 34 of 2016 Ratification of International Agreements
General
responsibility
over
international
agreements

ect to the international agreement. 698 [ No. 34 of 2016 Ratification of International Agreements
General
responsibility
over
international
agreements

(3) Where, in the opinion of the Minister, it is in the best interest
of the State to ratify an international agreement, the Minister shall,
in consultation with the Attorney-General, initiate the process of
ratification by way of a Cabinet Memorandum to the Cabinet
seeking approval in principle of a proposal to ratify the international
agreement.

ocess of
ratification by way of a Cabinet Memorandum to the Cabinet
seeking approval in principle of a proposal to ratify the international
agreement.

(4) The Cabinet Memorandum referred to in subsection (3)
shall outline—
(a) the objectives and subject matter of the international
agreement;
(b) any constitutional implications including
(i) consistency of the international agreement with
the Constitution; and
(ii) legislation that may need to be amended or
enacted;
(c) the national interests which may be affected by the
ratification of the international agreement;
(d) obligations imposed on the State by the international
agreement;
(e) requirements for implementation of the international
agreement;
(f) policy considerations;
(g) financial implications;
(h) ministerial responsibility;
(i) the date of signature of the international agreement by the
State;
(j) the date of entry into force of the international agreement;
(k) the number of States that are party to the international
agreement;
(l) where the international agreement sought to be ratified
permits reservations, any recommendations on
reservations, and declarations which have been made
by the State or other States; and
(m) the proposed text of any reservations that should be entered
when ratifying the international agreement in order to
safeguard the interests of the State.

proposed text of any reservations that should be entered
when ratifying the international agreement in order to
safeguard the interests of the State.

Cap. 1
Ratification of International Agreements [ No. 34 of 2016 699

Cap. 1
Ratification of International Agreements [ No. 34 of 2016 699

Grant of full
powers
4. Cabinet shall consider and approve or disapprove a proposal
set out in a Cabinet Memorandum to ratify an international
agreement. 5. (1) Where Cabinet approves, in principle, a proposal to ratify
an international agreement, with or without any reservations, the
Vice-President shall submit the proposal to the National Assembly
for approval in accordance with Article 63 of the Constitution. (2) Where the National Assembly, by resolution, approves a
proposal for ratification, with or without any reservations, the
Minister responsible for foreign affairs shall cause the preparation
of the instrument of ratification which shall include the matters
specified in the Schedule. (3) The instrument of ratification referred to in subsection (2)
shall, where a reservation is intended, include such reservation,
and the reservation shall also be signed by the person signing the
instrument of ratification. (4) Where the National Assembly does not approve the
ratification of an international agreement, the State shall not ratify
the international agreement. 6.

here the National Assembly does not approve the
ratification of an international agreement, the State shall not ratify
the international agreement. 6.

Where an international agreement ratified under this Part is
subsequently amended or modified, the amendment or modification
shall be ratified only after compliance with the procedure set out in
sections three, four and five. 7. Sections four and five shall apply, with the necessary
modifications, to the ratification of protocols signed under an
international agreement. 8. (1) An instrument of ratification shall be deposited by the
Ministry responsible for foreign affairs at the depository, and in
the manner designated by the international agreement or negotiating
States. (2) An original copy of the instrument of ratification shall be
filed at the Registry and a copy shall be submitted to the Ministry
responsible for justice. 9. The Minister responsible for foreign affairs shall, subject to
the direction of the President, prepare credentials for the grant of
full powers to any person. 700 [ No. 34 of 2016 Ratification of International Agreements
Consideration
of proposal
for
ratification
by Cabinet
Approval of
proposal for
ratification
by National
Assembly
Cap.

tion of International Agreements
Consideration
of proposal
for
ratification
by Cabinet
Approval of
proposal for
ratification
by National
Assembly
Cap.

1
Ratification
of
amendment
to, or
modification
of,
international
agreement
Ratification
of protocols
to
international
agreements
Deposit of
instruments
of ratification

amendment
to, or
modification
of,
international
agreement
Ratification
of protocols
to
international
agreements
Deposit of
instruments
of ratification

10. Where the State intends to suspend the operation of an
international agreement with respect to the State, or withdraw its
consent to be bound by the international agreement, the procedures
set out in sections three, four and five shall, with the necessary
modifications, apply. 11. (1) Where an international agreement provides for the
submission of State reports as part of the monitoring mechanism,
the Ministry responsible for the subject matter of the international
agreement shall prepare and submit the State report within the
period specified in the international agreement. (2) For purposes of this section, a State report includes any
periodic report which the State may be required to submit under an
international agreement. 12. (1) Where the National Assembly has approved the
ratification of an international agreement in accordance with section
five, the Ministry responsible for the subject matter of the
international agreement shall, where necessary, initiate the
domestication process.

ction
five, the Ministry responsible for the subject matter of the
international agreement shall, where necessary, initiate the
domestication process.

(2) An international agreement may be domesticated by—
(a) an Act that sets out the international agreement in a
schedule;
(b) setting out salient provisions of the international agreement,
in the substantive part of an Act, that will require specific
interventions or measures to be undertaken, and annexing
the international agreement to the Act;
(c) rephrasing the terms of the international agreement in an
Act and annexing the agreement to the Act;
(d) adopting, in an Act, the terms of the international agreement
in its entirety; or
(e) the use of any other enforceable means, where applicable. 13. There shall be established and maintained a Registry of
International Agreements at the Ministry responsible for foreign
affairs which shall—
(a) be the depository of international agreements to which
the State is party;
(b) contain information on international agreements that have
been, and have not been, ratified by the State; and
(c) be the depository of State reports made in accordance
with the State reporting obligations under an international
agreement. Ratification of International Agreements [ No.

State reports made in accordance
with the State reporting obligations under an international
agreement. Ratification of International Agreements [ No.

34 of 2016 701
Suspension
of operation
of, or
withdrawal
from,
international
agreement
State reports
Registry of
International
Agreements
Domestication
of
international
agreement

14. The Ministry responsible for foreign affairs shall cause to
be laid before the National Assembly, annually, a report on—
(a) international agreements which the State has ratified;
(b) international agreements which are pending ratification;
(c) amendments or modifications to international agreements
which have been ratified by the State; and
(d) international agreements in respect of which a suspension
of operation or a termination has been requested by the
State, or is in effect.
15. The Minister may, by statutory instrument, make regulations
for the better carrying out of the provisions of this Act.
702 [ No. 34 of 2016 Ratification of International Agreements
Annual
report
Regulations

ons
for the better carrying out of the provisions of this Act.
702 [ No. 34 of 2016 Ratification of International Agreements
Annual
report
Regulations

SCHEDULE
(Section 5 (2))
CONTENTS OF I NSTRUMENT OF RATIFICATION
An instrument of ratification shall—
(a) identify the international agreement concerned and the
date when it was adopted and open for signature and
the type of action the State intends to undertake,
consistent with the international agreement (such as
ratification, acceptance, approval, accession, or consent
to be bound, as the case may be);
(b) the date of signature by the State;
(c) contain an unambiguous expression of the will of the
Government, acting on behalf of the State, to recognise
itself as being bound by the international agreement
concerned and to undertake faithfully to observe and
implement its provisions;
(d) indicate the title of the person signing the instrument of
ratification.

rned and to undertake faithfully to observe and
implement its provisions;
(d) indicate the title of the person signing the instrument of
ratification.

Where the person is acting as the President
or Minister responsible for foreign affairs, the title shall
indicate that the person is acting in that behalf;
(e) indicate the date and place where the instrument was issued;
(f) if required, specify the scope of application of the
international agreement;
(g) if required, contain all mandatory declarations and
notifications in accordance with the international
agreement; and
(h) any other requirement that the international agreement or
negotiating States may stipulate. Ratification of International Agreements [ No. 34 of 2016 703

704