Ministry considers bill to entrench treaties

The Justice Ministry is mulling over a bill that will make it difficult for the country to pull out of international treaties it has ratified.

Justice and Constitutional Affairs minister Mutula Kilonzo said on Wednesday that this will ensure that partisan political interests do not interfere with the real intention of international laws.

“It is important to accept the responsibility that arises from the ratification of these treaties,” he said.

Mr Kilonzo said that some of the treaties that Kenya has signed would make it possible for the basic rights entrenched in the new constitution to be upheld. According to him, the participation of international bodies and NGOs formed through these international laws will help spread awareness among people about their rights.

He was not clear on when the proposed  law will be tabled in Parliament but said he had talked with the cabinet subcommittee on the same.

This comes just over two months after Kenyan MPs passed a motion requiring the government to withdraw from the Rome Statute that established the International Criminal Court.

The move, coming just a week after Chief ICC Prosecutor Luis Moreno-Ocampo named six key suspects of the post-election violence, was meant to release Kenya from the burden of supporting ICC processes including their pending cases.

Under normal circumstances, signatories of the treaty are required to comply with the court’s requests including effecting arrest warrants.

Mr Kilonzo said that the move must have been influenced by individual interests and the fact that there was leeway to withdraw. Under Article 2(5 and 6) of the Constitution, Kenya is bound to make international treaties or conventions that it has approved to be part of law.

However, the same constitution doesn’t mention specific restrictions on pulling out of these conventions.

While he said his Ministry was fighting to defend every individual’s rights, he said he wasn’t prepared to have same-sex unions recognised in law.

"Speaking for myself, I am not in a hurry to accept same-sex unions or whatever else you may call it.”

According to him, he was yet to understand the issues surrounding gay relationships and that would be better for arguments against it to be understood first before it is accepted into law.

The issue of same-sex unions has recently created a hot debate with religious organisations strongly opposing it. The new constitution outlaws same sex marriages but gives everyone the freedom of expression and association.

He was speaking in Nairobi at the launch of the Universal Periodic Review Charter, where human rights activists had demanded a pledge that the rights of gays and lesbians be recognised..