MPs want to scrutinise treaties before signing

Parliamentary Committee on International Relations says Parliament should be mandated to scrutinise international treaties before Malawi Government commits to them to assess if they are in the best interest of citizens.

Speaking on Thursday in Lilongwe when Ministry of Foreign Affairs appeared before the committee to explain the status of treaties and other issues, the committee’s chairperson Patrick Bandawe said members of Parliament (MPs), as representatives of the people, should be consulted before the country signs and ratifies treaties.

He said: “The law requires that the country signs and ratifies the treaties and then they come to Parliament.  So, what we are saying is that since we represent the people, the process should be the other way round.

“We should scrutinise the instruments first and see if they are in the best interest of the nation before government can sign and ratify treaties.”

Ministry of Foreign Affairs Principal Secretary Bernard Sande said the ministry understands the concerns raised by the MPs, but said the current arrangement is in adherence to provisions in the Constitution.

He also said before the treaty is signed or ratified, the concerned ministries consult stakeholders on the issue. He said some of the stakeholders that are involved are MPs.

Sande said: “There is also a practical problem. What would happen if Parliament debated a particular treaty, it makes a decision on that particular treaty and that treaty later on, midway, is changed before it is signed?

“I believe you see the practical problem there. That could as well happen because sometimes treaties are changed just before they are signed.”

However, he said it is an issue that government will need to continue engaging Parliament and see how best it can be handled.

Since 2020, Malawi has signed 22 instruments.