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"id": 926285,
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"type": "speech",
"speaker_name": "Saku, JP",
"speaker_title": "Hon. Ali Rasso",
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"content": "process, merge, share and exchange maritime information for the purpose of maritime security, safety of harbour and maritime approaches, protection of the maritime environment and monitoring of maritime traffic. Each party to the Agreement is to designate a liaison officer within the Centre and all parties are to consider the financing of the Centre. One single important assignment that we as Kenyans have in terms of manning this Centre is to second a liaison officer of the rank of a lieutenant-colonel to represent Kenya in this Centre 24/7. Also, in terms of running the Centre, Kenya will pick up part of the bill to ensure that it runs effectively and efficiently. Article 6 outlines the responsibilities of the parties. Article 7 outlines the responsibilities of the host state. In the maritime information exchange, the host country will be Madagascar. That country will be responsible for the independence and funding of this Centre. The Centre is enabled to discharge its duties without being constrained by the local or customary laws of that country and also state parties will have access to this Centre without any hindrance. Article 9 talks about modalities of access to shared maritime information and data. In this particular case, this is about the importance of sharing information that goes to third parties and the security of information that is transmitted from one country to the other and also from one country to the Exchange Centre. Article 10 talks about procedures relating to the exchange and sharing of information either electronically, verbally or in writing. This information will be responded to by the receiving countries just as it was transmitted from the Centre. More importantly, it is about securing this information under encryption. You will note that this is military information about movement of certain vessels that are suspected to be carrying contraband or dangerous goods or are suspected to have been hijacked. That is why this information must be encrypted as it is transmitted. Article 11 is about information and data protection measures. It is about how you pass information from one state party to the other; information to third party recipients and also confidentiality of information that state parties must subscribe to. Article 12 is on the matter of judicial purposes. Information shared under the Agreement may only be provided for use in judicial proceedings with the concept of the sharing party unlimited to the information that is required. In this particular case, information that is gathered from the Fusion Centre or from state parties can be used in a court of law through sharing this information by agents from either of the state parties to this Agreement. Article 14 is about the procedure of amendment of the Agreement. The Agreement amendment may be proposed in writing and will be deposited with the Indian Ocean Commission which is a major and standing commission within the region. Any amendment comes into force 30 days after it has been deposited. Also, in this Agreement, state parties can have reservations with regard to any of the articles. There is also room for settlement of disputes under the Agreement through consultations and diplomatic channels. Also, as state parties sign this Agreement which in this particular case also happened when the Cabinet Secretary for Defence of Kenya was signing this Agreement, the caveat is that the Agreement must be agreed upon and approved by the Cabinet and subsequent ratification by the National Assembly, and is also subject to the Treaty Making And Ratification Act of Kenya, 2012. There is room within the articles about withdrawal. Article 20 is about the organisational structure of these regional coordination mechanisms. In this, the important input is a steering The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}