Five Commissioners of the EAC Competition Authority sworn in at the EAC

Posted in Press Release

The five (5) newly appointed Commissioners of the East African Community Competition Authority (EACCA) have been sworn in at the EAC Headquarters in Arusha, Tanzania.

The appointed Commissioners were approved by the 33rd Meeting of the Council of Ministers held on 29th February 2016, which considered nominees submitted by each Partner State and appointed them as Commissioners of the EACCA. Furthermore, the 34th Meeting of the Council of Ministers held on 5th September, 2016, approved the Commissioners’ terms and conditions of service as provided by Section 38(6) of the EAC Competition Act, 2006.

The five Commissioners of the Authority include Mr. Innocent Habarugira (Burundi), Mr. Francis W. Kariuki (Kenya), Dr. Frederick Ringo (Tanzania), Dr. Didas M. Kayihura (Rwanda) and Mr. Sam K. Watasa (Uganda).

Presiding over the function on behalf of the EAC Secretary General, the Registrar of the East African Court of Justice His Worship Yufnalis Okubo, welcomed and congratulated the commissioners upon their appointment as the first Commissioners to serve the EAC Competition Authority.

“The onset of the EAC Common Market, coupled with our engagement in the globalized world implies that a higher percentage of competition cases have a significant regional and international ramification. The foregoing calls for the establishment of the EAC Competition Authority to regulate regional competition matters,” said the Registrar.

He urged Partner States to benchmark on international best practices in the enforcement of the EAC Competition Act 2006.

The EAC Competition Act, 2006, among other things, seeks to allow consumers to take class action against goods or services providers. It also seeks to seal loopholes that enable trade associations and firms operating across the region to engage in exclusive agreements, or form cartels, forcing consumers to pay higher prices for goods and services.

The Authority is an independent organ of EAC but subject to judicial review by the EACJ (as provided for in Sections 44 and 46 of the EAC Competition Act, 2006. It is mandated to develop appropriate procedures for public sensitization, consultation and participation.

Competition advocacy will entail providing information to citizens and businesses on competition whereas consultation will involve asking stakeholders for comments and advice regarding the Authority’s enforcement practice and on matters it intends to regulate.

In relation to participation, the Authority is expected to provide Partner States’ governments with comments and advice relating to the compatibility of Partner States’ regulatory activities with requirements of the Act. The Authority is also obligated to publish an annual report as well as occasional reports.

The enforcement of the EAC Competition Act, 2006 will trigger obligations for enterprises operating in various sectors as well as for Partner States. In particular, it is necessary for the Authority to evaluate what mechanisms will be used to implement the EAC Competition Act in a context where only two Partner States have operational national competition authorities, two Partner States are at advanced stages of establishing national competition authorities and one Partner State is in the process of enacting a competition law.

Given the confidential and sensitive nature of the matters to be handled by the Ad Hoc Competition Authority, the Commissioners took an Oath of Secrecy and an Oath of Allegiance before they embarked on discharging their services to the Community.

The Commissioners pledged their commitment to the Community by signing the Oaths of Allegiance and Secrecy, a formality and requirement delivered and witnessed by the EACJ Registrar; His Lordship Yufnalis Okubo, assisted by the Counsel to the Comminity; Dr. Anthony Kafumbe, Principal Human Resource Officer, Ms. Ruth Simba, among other staff from the EAC Secretariat.

During their three-day inaugural meeting, the Commissioners considered the Authority’s draft internal rules of procedure which spell out how it will conduct its business, developed a work plan and EAC merger review issues.

EAC set to participate in the 22nd session of the Conference of Parties to the UNFCC in Marrakech, Morocco

Posted in Press Release

Preparations are in high gear at the East African Community Secretariat for it to effectively take part in the 22nd Session of the Conference of Parties (COP22) to the United Nations Framework Convention on Climate Change (UNFCCC) and the 12th Meeting of Parties to Kyoto Protocol (CMP12) to be held from 7th to 18th November, 2016 in Marrakech, Morocco. The first session of the Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement (CMA1) will also take place in Marrakech in conjunction with COP 22 and CMP 12. The main purpose of these sessions is to review the progress in the implementation of decisions and directives of COP 21/CMP11 and agree the way forward on the implementation of the Paris Agreement.

The EAC delegation will be lead by the Deputy Secretary General in charge of Finance and Administration, formerly of Productive and Social Sectors, Hon. Jesca Eriyo.

As part of the preparations for the COP22/CMP12, the EAC Secretariat with support from US Government undertook national climate change consultative meetings from 12th September to 4th October, 2016 in all Partner States seeking to identify national climate change priorities with a view of developing the common regional position to guide negotiations during the COP22/CMP12 and CMA1 sessions. Furthermore, the national consultations aligned countries’ road map for implementation of the Paris Agreement to the roadmap proposed by the EAC Secretariat.

In the preparatory meetings, EAC Secretariat facilitated and coordinated the national climate change consultations. Discussions on the review of Nationally Determined Contribution (NDCs) in line with the Paris Agreement was initiated. Further, a consolidated common regional position was developed to ensure the region speaks with one voice in Marrakech.

Commenting ahead of the Delegation’s departure for Morocco, the Deputy Secretary General said at the COP 22/CMP12/CMA1 sessions, the EAC Secretariat will coordinate the participation of Partner States during the consultations and negotiations processes. Furthermore, the EAC Secretariat in collaboration with Partners, will organize side events to show case the achievements that have been realized in a bid to strengthen resiliency and sustainability of key productive sectors in a wake of climate change. The EAC Secretariat will jointly organize the side events with USAID/PREPARED Project, GIZ, IUCN, UNFCCC and ARCOS and will focus on the 3 thematic areas, namely;

(a) Enhancing Ambition – Pre-2020 Action; any issues that help increase and realize ambition
(I) Forest Land Restoration and attaining the 2035 targets (II) EAC Mountains in changing Climate – An EAC Reality
(III) EAC aiming to achieve sustainable Climate Change Finance by 2020

(b) Promoting Implementation – Methodologies, Showcasing of Climate Action, Global Stock Take, etc.
(I) Green House Gas Emissions: Is EAC doing it right?
(II) Disaster Risk Reduction Management – What should we learn from EAC?

(c) Providing Support to Developing Countries – Means of Implementation, Replicable Tools and Approaches
(I) Achievements and lessons learned from the implementation of PREPARED Program;
(II) EAC Renewable Energy Initiative: What to Expect from EACREEE?
(III) Climate Smart Agriculture and the EAC CAADP: Where is the Nexus?

UNFCCC’s COP22/CMP12 is expected to mark the first step in the implementation of the Paris Agreement by devising the modality and mechanism for the implementation. For Africa in particular, COP22/CMP12 coincides with the increasing influence and confidence on the global scene, in light of African economies notable growth trends over past decade. Therefore, COP22/CMP12 represent a moment of opportunity for Africa to assert itself in global climate governance and ensure that the implementation of the Paris Agreement is guided by the Principles of the Convention particularly the principle of equity, justice and principle of common but differentiated responsibilities and respective capabilities.