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
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