Uganda yet to ratify new IGAD treaty as it takes effect

The Intergovernmental Authority on Development (IGAD) treaty, adopted by member states in June 2023, has come into force, but Uganda is yet to complete its internal ratification processes. According to a Ministry of Foreign Affairs official, Uganda will ratify the treaty, but no timeline has been given for concluding the process. The treaty replaces the 1996 agreement that governed IGAD for three decades and provides a new legal foundation for the organisation's work in areas such as peace and security, regional integration, and economic cooperation.

The new treaty was adopted by IGAD Heads of State and Government in Djibouti on June 12, 2023, and required ratification by two-thirds of member states before it could take effect. Five of IGAD's seven member states, including Djibouti, Ethiopia, South Sudan, Kenya, and Somalia, have ratified and deposited their instruments of ratification. Uganda and Sudan are the remaining member states that have not completed the process. The IGAD Council of Ministers, which met in September, urged the two countries to expedite their processes and deposit their instruments with the Executive Secretary.

The treaty enters into force 60 days after the required instruments of ratification are deposited with the IGAD Executive Secretary, who serves as the designated depositary. Under Article 59 of the new treaty, it will remain in force until amended or terminated. President Museveni has previously pledged Uganda's commitment to supporting IGAD's mission and enhancing collaboration to tackle shared regional concerns. The Council endorsed the treaty's entry into force and directed the Executive Secretary to notify all member states, transmit certified copies, and register it with the African Union and the United Nations.

The new treaty provides an updated legal and institutional framework for IGAD, whose mandate has expanded considerably since its establishment in 1986. Initially established to coordinate regional efforts to address drought, IGAD's mandate now includes peace and security, regional integration, and economic cooperation. The treaty's entry into force means the 1996 Agreement Establishing IGAD will cease to have legal force, but existing institutions and decisions will continue, subject to adjustments needed to bring them into line with the new treaty.

IGAD's Head of Legal Affairs, Karen Njalale, explained that the new treaty is not an amendment to the old agreement but a complete replacement. The 1996 Agreement had served the organisation well, providing the foundation for its expanded mandate and institutions. Njalale noted that the organisation had supported member states in resolving conflicts, facilitating mediation and peace processes, and developing regional legal and policy instruments in areas such as migration, health, trade, and livestock movement.

The process of replacing the 1996 Agreement took several years, with a 1998 commitment by IGAD to meet the requirements for regional economic communities under the African Union framework. An internal study conducted in 2011 found that IGAD needed a treaty, which was validated by the Council of Ministers in 2012. The treaty was eventually adopted by the 14th Ordinary Session of the IGAD Assembly of Heads of State and Government in Djibouti on June 12, 2023.

The new treaty will provide clearer mandates and stronger powers for IGAD organs, improve implementation and oversight, and give the organisation a firmer basis for dealing with challenges arising from engagement among member states. As a Regional Economic Community and a building block of the African Union, IGAD requires a treaty rather than an agreement to achieve continental success. Uganda was represented at the September meeting by Haruna Kyeyune Kasolo, the Minister of State for Foreign Affairs in charge of Regional Affairs.

Key points

• The new IGAD treaty comes into force on November 16, 2023, after being ratified by five of its seven member states.
• Uganda and Sudan are the remaining member states that have not completed the ratification process.
• The new treaty provides an updated legal and institutional framework for IGAD, whose mandate has expanded considerably since its establishment in 1986.