Bill Watch 56/2019
International Treaties Bill
30 October 2019
BILL WATCH 56/2019
[30th October 2019]
International Treaties Bill
It has always been difficult to find out which international treaties are binding on
Zimbabwe. This is partly because the procedures by which Zimbabwe becomes
a party to treaties are not transparent, and partly because the government has not
published a treaty list ‒ i.e. a list of the treaties that are binding on this country ‒
for nearly 20 years.
It has also been difficult to find out the terms of agreements the government has
concluded with foreign banks and other entities, for example the “mega deals”
which ‒ so it is claimed ‒ will flood the country with foreign investment. These
agreements are likely to have a greater impact on the economy than international
treaties.
In an attempt to alleviate at least the first of these difficulties the government has
published an International Treaties Bill, which can be accessed on the Veritas
website [link]. Before discussing the provisions of the Bill we shall outline the
constitutional background against which it has been drafted.
The Constitutional Background to the Bill
Section 327 of the Constitution sets out the procedure to be followed for
international treaties to become binding on Zimbabwe ‒ and “international
treaties” in this context covers conventions, protocols, charters and other
agreements between States and international organisations such as the IMF.
Section 327 may be summarised as follows:
• An international treaty which has been signed by or on behalf of the President
does not bind Zimbabwe until it has been approved by Parliament (i.e. by both
the Senate and the National Assembly) [section 327(2)(a)]. Once that approval
has been obtained, the procedure is for the Government to send documents
called “instruments of ratification” to the other State that is a party to the treaty
or, if the treaty so requires, to a body such as the United Nations. Instruments
of ratification are a formal statement that the treaty has become binding on
Zimbabwe in international law.
• Even if a treaty has been approved by Parliament and has become binding in
international law, it will not affect Zimbabwe’s internal or domestic law until it
has been incorporated into the law by an Act of Parliament [section 327(2)(b)].
• An agreement other than a treaty which is entered by the government with a
foreign organisation and which imposes “fiscal obligations” on Zimbabwe is not
binding until it has been approved by Parliament [section 327(3)]. Fiscal
obligations are financial obligations, so parliamentary approval is required for
any agreement with a foreign bank or foreign trading entity if the agreement
requires the government to pay out any money, either immediately or at a
future date. Hence loan agreements must be approved by Parliament, and so