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{
"id": 1411389,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1411389/?format=api",
"text_counter": 137,
"type": "speech",
"speaker_name": "Kinangop, JP",
"speaker_title": "Hon. Kwenya Thuku",
"speaker": {
"id": 13380,
"legal_name": "Zachary Kwenya Thuku",
"slug": "zachary-kwenya-thuku"
},
"content": "THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its consideration of the ratification of the African Union Convention on Cross Border Cooperation (Niamey Convention), laid on the Table of the House on Thursday, 14th March 2024, and pursuant to the provisions of Section 8(4) of the Treaty Making and Ratification Act of 2012, approves the ratification of the African Union Convention on Cross Border Cooperation. The Committee Report before the House details the Committee’s consideration of the African Union Convention on Cross Border Cooperation (Niamey Convention). The African Convention on Cross Border Cooperation is a regional agreement aimed at promoting cooperation and integration among African countries. The Convention was adopted by the 23rd Ordinary Session of the AU Assembly of Heads of State and Government on 27th June 2014 to gear African states to cooperate towards the full realisation of the benefits accruable through cross border cooperation. The Convention focuses on enhancing collaboration in various policy areas related to cross border issues. It redefines cross border cooperation as any act or policy aimed at promoting and strengthening good neighbourly relations between border populations, territorial communities and administrations or other stakeholders within the jurisdiction of two or more states, including the conclusion of agreements and arrangements useful for this purpose. It encourages member states to develop mechanisms for promoting trade, investment and economic cooperation across borders. This includes facilitating the movement of goods, services and capital as well as harmonising trade, policies and regulations. The African Union Convention on Cross Border Cooperation (Niamey Convention) and the Explanatory Memorandum from the Ministry of Foreign and Diaspora Affairs were laid on the Table of House on Tuesday, 18th April 2023, and subsequently committed to the Departmental Committee on Defence, Intelligence and Foreign Relations. Pursuant to Article 118(1)(b) of the Constitution on public participation and Section 8(3) of the Treaty Making and Ratification Act of 2012, the Committee placed advertisements in two local dailies on Wednesday, 21st June 2023, calling for submission of memoranda on the subject matter. However, by close of the deadline, the Committee had not received any memorandum for or against ratification of the Convention. In considering the Convention, the Committee held a meeting with the Cabinet Secretary, Ministry of Foreign and Diaspora Affairs to apprise Members on justification for the proposed ratification of the Convention. Further, the Committee engaged the Attorney- General, the Kenya Law Reform Commission, the State Department for East African Community, and the Ministry of Interior and National Administration who made submissions on the Convention. Having considered the Convention and analysed the submissions made, the Committee observed that the Convention promotes constitutional values and objectives and does not in any way allude to an amendment of the Constitution. The Convention does not necessitate changes to Kenya's domestic laws, however, because the Convention requires state parties to collaborate in institutional growth, this may necessitate policy considerations on review of the current legislative framework. The Convention imposes a number of obligations on Kenya, including the requirements to: 1. Commit cross-border cooperation in the surveying of boundaries, socio- economic development of borderlands, promotion of culture and sports across borders, and combating cross-border crime (border security); 2. Encourage, promote and facilitate information and intelligence sharing, communicate with the institution in charge of border matters; 3. Harmonise its domestic law with the Convention and; The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
}