42 Recommendations The process of negotiating a treaty should ensure the

42 recommendations the process of negotiating a

This preview shows page 48 - 51 out of 52 pages.

4.2 Recommendations The process of negotiating a treaty should ensure the involvement of civil society from the grass roots level all the way up to the national level. Thus there is a need to enhance the role of parliamentarians and the participation of civil society in treaty ratification campaigns to raise awareness within Swaziland about treaties negotiated and signed by the executive among both the public and their political representatives who hold the responsibility for ratifying and implementing them. Additionally, this would help address concerns from interest groups, consider the resources involved and provide a clearer understanding of the issues at hand. It would also ensure that by the time the state commits its signature to the treaty and subsequently presents it to the domestic legislative organ for approval and/or ratification, there is some awareness of the subject matter of the treaty and its implications for the state and 48
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citizens. Such awareness would be beneficial in marshalling domestic political support for speedy ratification of the treaty. International organisations exist to promote certain policy goals and objectives that are, in principle, shared by all their member states. Such organisations adopt treaties and conventions in pursuit of those goals and objectives. It is thus perfectly within their competence to promote their goals and objectives, by encouraging their members to ratify the instruments in which they are embodied. Such encouragement does not amount to undue interference with the state’s freedom to ratify or not to ratify a particular treaty; au contraire, it simply serves to urge the state to exercise its sovereign discretion in a particular direction. Thus it is recommended that local offices of intergovernmental organisations’, such as the United Nations Development Assistant Framework and Southern African Development Committee unit, encourage the Swaziland government to ratify multilateral treaties. This could be through workshops, exhibits and side events. The AU Commission holds an OAU/AU Treaty Signing Week’ once a year to promote awareness on the need for member states to expedite the processes of signature and ratification OAU/AU of treaties. The Swaziland government could hold similar events, where increasing awareness of multilateral treaties and their ratification could be given a priority for that specific week. Since strategic planning is a new approach being adopted by the government of Swaziland to public administration, future research will need to inquire into the contribution of strategic planning in improving the ratification process of international treaties or the factors that hinder it. This will typically involve the 49
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conducting extensive research by the government through the Ministry of Foreign Affairs and International Trade. The Kingdom of Swaziland’s lack of a foreign policy is a major obstacle in the ratification process and as such it is imperative that a foreign policy be formulated by the country to aid guide the ratification process. It is recommended that the Ministry of Foreign Affairs and International Trade should take the lead in this regard.
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