The Natural Wealth and Resources (Permanent Sovereignty) Act, 2017.

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Enactment Number:

5 of 2017

Enactment Date:

2017-07-03

Publication Date:

2017-07-07

Commencement Date:

2017-07-15

Long Title:

PREAMBLE WHEREAS, the fundamental objectives and directive principles of state policy enshrined under sub-article (1) of Article 8 and Article 9(f) of the Constitution, asserts that the United Republic is a State which adheres to the principles of democracy and social justice and, accordingly, sovereignty resides in the People and it is from the People that the Government, through the Constitution, derives all its powers and authority and that the primary objective of the Government shall be the welfare of the People; AND WHEREAS, international law recognizes the right of the United Republic to assert permanent sovereign right for the purpose of exploring, exploiting and managing its natural resources; AND RECOGNISING, that the United Republic is a signatory to the United Nations Universal Declaration of Human Rights and the African Charter on Human and Peoples Rights and subscribes to Articles 17 and 21 respectively; AND WHEREAS, the United Republic being a sovereign state has permanent sovereignty over all natural wealth and resources thence imposing on the Government the responsibility of ensuring that interests of the People and the United Republic are paramount and protected in any arrangement or agreement which the Government makes or enters in respect of such natural wealth and resources; AND WHEREAS, by virtue of Article 27 of the Constitution the protection of natural wealth and resources in the United Republic is charged on the People and the Government and the control of which is entrusted to the President; AND WHEREAS, the fundamental objectives and directive principles of state policy enshrined under paragraphs (c) and (i) of Article 9 of the Constitution requires all activities of the Government to be conducted in such a manner as to ensure that the national wealth and heritage are harnessed, preserved and applied for the common good, and to prevent exploitation, and that, the use of the national wealth and heritage places emphasis on the development of the People and the Nation, and in particular, geared towards the eradication of poverty, ignorance and diseases; AND WHEREAS, the Government has resolved to fairly and equitably undertake protracted measures intended to ensure that the natural wealth and resources of the United Republic are used for the greatest benefit and welfare of the People and the United Republic by ensuring that all arrangements or agreements made into by the Government protect interests of the People and the United Republic; AND WHEREAS, it is necessary to make comprehensive statutory provisions to provide for ownership and control over natural wealth and resources and to provide for the protection of permanent sovereignty over natural wealth and resources;

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