2.1. The Treaty Process 2.1.1 Signature Why ratification matters: Signature is the first step a State takes to show It creates binding duties for the State its political commitment to a treaty. It signals It enables international supervision and support for the treaty’s purpose and an intention to consider joining it formally. A signature is not yet legally binding, but the State must refrain reporting It opens the door to legal and policy reforms from actions that defeat the treaty’s object and purpose. In the AU context, treaties are typically 2.1.3 Domestication signed by Heads of State and Government, Ministers of Foreign Affairs, or permanent Domestication refers to the process of incorporating a ratified treaty into national law representatives of States to the AU. and practice. Even after ratification, the treaty Why signature matters: does not automatically change national laws in many African countries. States must: It demonstrates political will It creates momentum for ratification Harmonise or amend domestic nationality It strengthens national conversations on laws reform Reform administrative procedures (e.g., birth registration) Establish safeguards against statelessness 2.1.2 Ratification Train officials and raise public awareness Allocate Ratification is the formal, binding acceptance of budgets and develop implementation plans a treaty. Once a State ratifies, it consents to be legally bound by the treaty’s rights and obligations. Domestication ensures that the treaty’s rights are usable, accessible, and enforceable at national level. The ratification process usually involves: 1. Executive approval: typically the Ministry of Foreign Affairs or Ministry of Justice prepares a memorandum and justification. 2. Parliamentary approval: many States require national parliaments to authorise ratification. 3. Deposition of instruments: the State submits its instrument of ratification to the AU Commission. A treaty enters into force for a State only after ratification. Signature = political signal Ratification = legal commitment Domestication = practical implementation 33