A significant number of Swazi legislators are of the view incorrectly so that

A significant number of swazi legislators are of the

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A significant number of Swazi legislators are of the view, incorrectly so, that they need to amend all their laws to make them compliant with conventions before ratification. It is poorly understood that ratification can precede the process of amendment and compliance. This confusion adds to the difficulty of ratifying of multilateral agreements. 34
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3.5 ROLE OF NON-GOVERNMENTAL ORGANIZATIONS In many countries civil society organisations (CSOs), particularly NGOs, are the driving force behind conventions being ratified. NGO’s in Swaziland are active in service delivery however many are hesitant to assume a political or advocacy role in support of international conventions. This leads to a lack of sensitization at the national level on the benefits of ratifying multilateral conventions which in turn hampers the ratification process. It has been observed that where partnership with informed government officials working together with NGOs, the chance of ratification significantly increases (cite). Thus a vibrant and politically aware civil society is critical as to whether conventions are ratified or not. Thus advocacy groups, both inside government and outside it, are extremely important in determining whether conventions get ratified and reported on. 3.6 ROLE OF HUMAN RIGHTS’ COMMISSION Human rights commissions can be successful in promoting the ratification of conventions and nationalising their provisions. Swaziland lacks a human rights commission. Thus the structures and mechanisms for promoting and protecting human rights are 35
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extremely limited. It is critical that the Kingdom of Swaziland establish national human rights mechanisms, grant them appropriate powers to be a driving force for change and resource them properly so that their presence is not mere lip service. 3.7 THE ROLE OF INTERGOVERNMENTAL ORGANIZATIONS Another factor at play is that; as a general rule most intergovernmental organizational treaties’ do not contain provisions calling for their speedy ratification or setting out a time frame within which they must be signed, ratified or acceded to. In this respect, it is important to emphasise that the issue of non-ratification of multilateral treaties is compounded by the fact that, as an intergovernmental organisation, the AU lacks the power to compel member states to ratify, domesticate and comply with treaty provisions. As has been noted earlier, the decision to ratify treaties ultimately remains within the sovereign purview of individual states. 36
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Table Two: Ratification–Signature Correlation Ratios for Individual Member States The middle column shows the correlation of ratified treaties as a percentage of the number of treaties signed by each member state. The outer column shows the actual number of treaties signed by each state out of the 23 treaties currently in force definitively (excluding the Additional Protocol , which does not require signature, and the AUCIL Statute , which does not require signature or ratification).
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