Nile Basin Initiative Act, 2002
Act 22 of 2002
An Act to confer legal status in Uganda on the Nile Basin Initiative, and otherwise give the force of law in Uganda to the signed Agreed Minute No. 7 of the 9th Annual Meeting of the Nile Basin States held in Cairo, Egypt, on 14th February, 2002; and to provide for other connected or incidental matters.
WHEREAS, currently, there is no regional or international Treaty or Agreement among the riparian States of the Nile River Basin, namely, Burundi, Democratic Republic of the Congo, Egypt, Eritrea, Ethiopia, Kenya, Rwanda, Sudan, Tanzania and Uganda, on cooperation in the utilization of the waters of the Nile River Basin;AND WHEREAS the Government of the Republic of Uganda and the Governments of the other Nile Basin States at the meeting of their Council of Ministers held in Dar-es-Salaam, Tanzania, on 22nd February, 1999 established a “Transitional Institutional Mechanism of the Nile Basin Initiative (NBI)”, pending the conclusion of a “Cooperative Framework Agreement”, based on a vision “to achieve sustainable socio- economic development through equitable utilization of, and benefit from, the common Nile Basin water resources”;AND WHEREAS the Government of Uganda and the Governments of the other States at the 9th annual meeting of their Council of Ministers held in Cairo, Egypt, on 14th February, 2002, adopted “Agreed Minute No. 7” of that meeting to, among other things, “invest the NBI, on a transitional basis, with legal personality to perform all of the functions entrusted to it, including the power to sue and be sued, and to acquire or dispose of movable and immovable property;AND WHEREAS following the ratification by the Republic of Uganda of the Agreed Minute No.7, it is necessary to give legal effect in Uganda to the provisions of that Agreed Minute No. 7;NOW, THEREFORE, BE IT ENACTED by Parliament as follows:
1. Short title
This Act may be cited as the Nile Basin Initiative Act, 2002.
In this Act, unless the context otherwise requires—“Agreed Minute No. 7” means that part or portion of the minutes of the annual meeting of the Council of Ministers of the Nile Basin States held in Cairo, Egypt, on 14th February, 2002 and set out in the Schedule to this Act;“Minister” means the Minister responsible for Water;“Nile Basin Initiative” or “NBI” means the transitional arrangement established by the Nile Basin States at the meeting of their Council of Ministers held in Dar-es-Salaam, Tanzania, on 22nd February, 1999, to foster cooperation and sustainable development of the Nile River for the benefit of the inhabitants of those countries;“Nile Basin States” means the States of Burundi, Democratic Republic of the Congo, Egypt, Eritrea, Ethiopia, Kenya, Rwanda, Sudan, Tanzania and Uganda;“Nile River Basin” means all the area forming the basin of the Nile River.
3. NBI to have capacity of a body corporate
(1)The NBI shall have the capacity, within Uganda, of a body corporate with perpetual succession, and with power to acquire, hold, manage and dispose of movable and immovable property, and to sue and be sued in its own name.
(2)The NBI shall have the capacity, within Uganda, to perform any of the functions conferred upon it by and under the Agreed Minute No. 7, and to do all things, including borrowing, that are, in the opinion of the Nile Basin States or the appropriate organ of the NBI, necessary or desirable for the performance of those functions.
(3)Subsection (2) of this section relates only to the capacity of the NBI as a body corporate, and nothing in that subsection shall be construed as authorising the disregard by the NBI of any law, or anything affecting any power of the NBI conferred by any law.
4. Financial provisions
(1)There shall be charged on and paid out of the Consolidated Fund, without further appropriation other than this Act, all payments required to be made from time to time by the Government of Uganda under the terms or provisions of the Agreed Minute No. 7.
(2)Subject to article 159 of the Constitution of the Republic of Uganda, for the purposes of providing any sums required for making payments under this section, the Minister responsible for finance may, on behalf of the Government, make such arrangements as are necessary or raise loans by creation and issue of securities bearing such rates of interest and subject to such conditions as to repayment, redemption or otherwise as the Minister thinks fit; and the charges and expenses incurred in connection with their issue shall be charged on and issued out of the Consolidated Fund.
(3)Any moneys received by the Government under the Agreed Minute No. 7 shall be paid into and form part of the Consolidated Fund, and shall be available in any manner in which the Consolidated Fund is available.
5. Immunities and privileges of NBI and its officials
(1)The NBI, its staff and officials shall enjoy, within Uganda, such privileges and immunities as are necessary for their functions.
(2)The privileges and immunities referred to in subsection (1) of this section shall be in accordance with the provisions of the Diplomatic Privileges Act, 1965, Act No. 2 of 1965