She explained that in terms of section 111B of the Constitution, the Government needs the approval of both Houses of Parliament before it can go ahead and accede to the Protocol, thereby making Zimbabwe a State party to the agreement. Several MPs spoke in support of the motion, giving examples of trafficking that occur in and from Zimbabwe and stressing the need to ensure implementation of the protocol following ratification, including the passing of an Act to “domesticate” its provisions in Zimbabwean law. The Minister will ask the Senate for its approval on July 10.
Press reports have incorrectly said that Parliament is “ratifying” the protocol. The correct constitutional position is that Parliament “approves” an international agreement and that the President as Head of State then “ratifies” it or “accedes” to it. Ratification is the procedure followed when an agreement has already been signed on behalf of Zimbabwe; accession is the procedure when it has not already been signed.
In the case of the Palermo Protocol the period for signing expired in December 2002 without Zimbabwe having signed – hence the need to accede rather than ratify.