Legal Support to Nuclear Newcomer Countries in Africa

Kenya has been seeking additional IAEA support in developing its national nuclear legal framework to facilitate the implementation of its national nuclear programme and research reactor project.

In response to a request from the Government of Kenya via the Nuclear Power and Energy Agency (NUPEA), the IAEA conducted two national workshops in Nairobi from 12 to 14 November 2024. These workshops focused on Kenya's nuclear security legal framework, nuclear law and the international legal instruments related to nuclear safety, security, safeguards and civil liability for nuclear damage. Over 60 participants attended, including representatives from the Office of the Attorney General, the Office of the Director of Public Prosecution and the Bar Association.

To enhance awareness among decision-makers and senior officials, the mission also included a series of bilateral meetings with key stakeholders, in particular the Ministry of Foreign Affairs, the Ministry of Energy, the Energy Committees of the National Assembly and Senate, the Registrar of the High Court and selected judges from the Environment and Land Court.

NUPEA Chief Executive Officer and National Liaison Officer, Justus A. Wabuyabo, highlighted the mission’s significance: “The IAEA-led legislative assistance mission to Kenya provided a useful opportunity to bring together key stakeholders, policymakers and lawmakers to discuss Kenya’s nuclear legislative framework and the international legal instruments necessary for the effective and robust implementation of peaceful applications of nuclear energy. The mission was timely and elicited significant interest from stakeholders, who pledged to support the development of an internationally acceptable nuclear legislative framework.”

Uganda is advancing its use of nuclear science and technology and is considering the introduction of nuclear power for the first time. As part of this effort, the country is working on a draft Atomic Energy Bill, 2024, to establish a comprehensive nuclear law and it is exploring accession to relevant international legal instruments under the auspices of the IAEA.

In response to a request from the Government of Uganda through the Ministry of Energy and Mineral Development in collaboration with the Ministry of Justice and Constitutional Affairs and the Atomic Energy Council, the IAEA conducted a legislative assistance mission in Kampala and Entebbe from 25 to 29 November 2024. This mission provided a platform for discussing the IAEA's comments on the draft bill with the officials responsible for its drafting. It also aimed to raise awareness and enhance the understanding of high-level decision-makers, policymakers and senior officials on matters of international and national nuclear law.

State Minister of Energy, Okaasai S. Opolo, emphasized the significance of the mission: “This IAEA mission to Uganda has come at an important time when the Government of Uganda is in the final stages of promulgating a comprehensive nuclear law to provide the legal, regulatory and institutional framework for nuclear power plants, nuclear fuel development and research in the nuclear industry.”

Prior to the mission, the IAEA conducted a review of the draft bill at Uganda's request. This review provided a detailed analysis to assist the drafting team in identifying gaps and areas for improvement, ensuring that the legislation aligns with international legal instruments. The goal is to establish a robust and comprehensive legal framework that will support Uganda’s aspirations, including the potential development of a future nuclear power programme.

Both IAEA missions were organized in collaboration with the United Nations Office on Drugs and Crime (UNODC), which provided advice on the International Convention for the Suppression of Acts of Nuclear Terrorism. Both missions were part of the IAEA Legislative Assistance Programme and were conducted through the interregional technical cooperation project, INT0102.