Introduced in NA today (11 Nov 2013) – will now go to the Law Committee The ati!ication o!

International Treatie" #ill (2013)

To provide for an international treaty to be duly considered by the Parliament before the final ratification thereof (international treaty is ratified.) WHEREAS it is e pedient to !eep in line "ith other ma#or le$islative systems in the "orld for ensurin$ that international treaties are made in accordance "ith the constitutional la"s of this country and a thorou$h e amination of the economic% environmental% social and cultural effects of any proposed international treaty is conducted before its ratification& 't is hereby enacted as follo"s( C$A%T& '&N& AL ). Short title and commencement. ()) This Act may be called the *Ratification of 'nternational Treaties Act +,)-.. (+) 't shall come into force at once. +. /efinitions( 'n this Act% unless there is anythin$ repu$nant in the sub#ect or conte t( 1

a) *0inister of 1orei$n Affairs. means the 0inister for the time bein$ responsible for matters relatin$ to forei$n affairs%

b) *Ratification. means the international act by "hich the State si$nifies its consent to be bound by a treaty
1

c) *Treaty. means an international a$reement concluded bet"een States in "ritten form and $overned by international la"% "hether embodied in a sin$le instrument or in t"o or more related instruments and "hatever its particular desi$nation and includes a convention.

d) *Reservation. means a caveat to state2s acceptance of a treaty as defined in 'nternational la" by the 3ienna 4onvention on 5a" of Treaties )676&

e)*Parliament. (0a#lis8e8Shoora) means the 9ational Assembly and the Senate&

f):4abinet: means and consists of the Prime 0inister and the 1ederal 0inisters& $) *1ederal Secretary. means a person so appointed by the 1ederal ;overnment of Pa!istan and is responsible for the matters relatin$ to forei$n affairs& h) All "ords and e pressions used in this Act but not defined% have the same meanin$ as in the 4onstitution of the 'slamic Republic of Pa!istan.

-. Application( This Act shall apply to all treaties "hich are concluded by Pa!istan after the commencement of this Act.

C$A%T& T() *crutiny !or rati!ication <. ()) The 0inistry of 1orei$n Affairs shall in consultation "ith the 5a"% =ustice and Human Ri$hts division% prepare and present to the 4abinet a memorandum outlinin$ the ob#ects of the treaty in respect of "hich approval for ratification is sou$ht and further submit detailed analysis of any constitutional issues and>or any issue concernin$ national interest that may arise from any international commitment proposed on part of Pa!istan in the proposed treaty.

2

(+) ?pon approval of the memorandum by the 4abinet submitted under subsection())% the 1ederal 0inister for 1orei$n Affairs% shall in consultation "ith the 5a"% =ustice and Human Ri$hts division "ithin three (,-) months after the date of approval% submit a @ill for consideration by the Parliament%

(-) A @ill submitted under subsection (+) shall contain a schedule settin$ out in full the provisions of the treaty proposed to be ratified and a detailed description of(

a) Ho" #oinin$ the treaty advances or threatens the interests of Pa!istan in the short term or the lon$ term% and&

b) i)

any implications includin$ but not limited to( affirmation that ratification by Pa!istan of the treaty "ould be !eepin$ "ith or other"ise advances constitutional values and ob#ectives "hether the treaty sou$ht to be ratified permits reservations% and "hether the ratification of the treaty "ould have any si$nificant re$ulatory or environmental impact "hether the ratification of the treaty "ould have other economic% social and cultural effect A complete analysis of the implementation of the treaty and the need of any domestic le$islation to fully implement the purposes of the treaty.

ii) iii) iv) v)

<. ()) A @ill submitted under section -% shall dependin$ on its sub#ect matter% be considered by both the Houses of Parliament payin$ due re$ard to Part + of the )6A4onstitution of Pa!istan. (+) Parliament may pass a @ill see!in$ to ratify a treaty "ith or "ithout reservations to specific provisions of the treaty as contained in the Schedule to the @ill. (-) Parliament shall not approve the ratification of a treaty or parts of it if its provisions are contrary to the fundamental ri$hts $uaranteed in the 4onstitution% nor shall the House approve a reservation to a treaty or part of it if that reservation ne$ates any of the provisions of the 4onstitution even if the reservation is permitted under the relevant treaty.
3

A++roval !or rati!ication B()) Where a @ill referred to in section < is approved by a ma#ority in the both houses of Parliament and conseCuently passed by Parliament% "ithout any reservations to the treaty% the 4abinet Secretary shall "ithin -, days from the date of assent to the @ill% prepare the instrument of ratification of the treaty. (+) Where a @ill referred to in section < is passed "ith reservations to some provisions of the treaty% the treaty shall be ratified "ith those reservations to the correspondin$ articles in the treaty. (-) Where Parliament re#ects the @ill referred to in section <% the ;overnment shall not ratify such treaty.

C$A%T& )T$&

T$ &&

% ),I*I)N*

%u-lic Awarene"" 7()) The 0inistry of 1orei$n Affairs shall cause to be laid before the 9ational Assembly at least once every financial year% a report containin$ records of all treaties "hich Pa!istan has ratified and "hich may in any "ay bind Pa!istan to specific actions it must complete. (+) The 0inistry of 1orei$n Affairs% shall throu$h publication in at least t"o ne"spapers of "ide circulation% notify the public of every treaty% "hich may in any bind% or "hich Pa!istan is a party.

4

Sign up to vote on this title
UsefulNot useful