Press Release

Assembly enacts Anti-Trafficking in Persons Bill

The days of human trafficking within the EAC region is now numbered. This follows the enactment of the EAC Anti-Trafficking in Persons Bill, 2016, this afternoon by the Assembly.

The Bill moved by Hon Dora Byamukama received affirmation from the entire House as it resumed for its 2nd Meeting of the 5th Session. The Bill now awaits the assent of the EAC Heads of State in line with Article 63 of the Treaty of the Establishment of the EAC. In the event that all Heads of State assent to the Bill, it shall become an Act of the Community, taking precedence over the laws of the Partner States on the same matter.

The object of the Bill is to provide for a legal framework for the prevention of trafficking in persons, prosecution of perpetrators of trafficking in persons, provision of protection mechanisms and services for victims of trafficking in persons and development of partnerships for co-operation to counter trafficking in persons in the Community. Prior to enactment, the Assembly constituted itself into a Committee of the whole House and digested the Bill clause by clause, incorporating the amendments.

The debate on the Bill was preceded by the tabling and presentation of the Report of the Committee on Legal Rules and Privileges on the EAC Anti-Trafficking in Persons Bill, 2016. The Report presented by Hon Maryam Ussi, follows public hearings on the subject matter held in the Partner States in September 2016.

The Report among other things, ascertains that the crime of trafficking in persons is prevalent in all EAC Partner States. In comparing the magnitude of the problem in EAC Partner States with other countries, the Committee referred to the Trafficking in Persons Report published yearly by the Department of State of the United States of America.

The report ranks all countries in the world in to three TIERS: TIER 1, TIER 2, TIER 2 Watch List, and TIER 3 basing on the respective Government’s efforts against trafficking as measured by the Trafficking Victims Protection Act of 2000 (TVPA) standards. The key parameters considered in ranking countries are actions taken in the prosecution, protection and prevention sections of trafficking in persons of that country.

TIER 1 comprises countries whose Governments fully meet the Trafficking Victims Protection Act’s (TVPA) minimum standards. TIER 2 which comprises countries whose Governments do not fully comply with the TVPA minimum standards, but are making significant efforts to bring themselves into the compliance with those standards.

TIER 2 Watch List, comprises of countries whose Governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards. This category further commits to undertake additional steps over the next year in combating trafficking in persons.

TIER 3 on its part, encompasses countries whose Governments do not fully comply with the minimum standards and are yet to make significant efforts to do so.

According to the Trafficking in Persons Report, published in 2016, the Republics of Kenya and Uganda, are grouped under TIER 2. The Republic of Rwanda and the United Republic of Tanzania are ranked under TIER 2 Watch List, while the Republic of Burundi is ranked under TIER 3.

During the public hearings and interactions in the Partner States, a number of comments were picked from stakeholders to boost the Bill. In Burundi, the legislators were told that parents should be encouraged to take measures towards keeping their children within the family set-ups, while respective Embassies and Missions abroad, should be tasked with liberating and repatriating victims found within their respective stations of duty.

In Kenya, the stakeholders told EALA legislators to ensure the Bill tightens laws against employment agents who sometimes engage in recruiting people for trafficking. They further suggested the proposed minimum penalty of ten years of imprisonment for offenders engaged in trafficking in persons was too lenient and that it should be stepped up.

In the United Republic of Tanzania, EALA Members were tasked to ensure the Bill provides for the protection of People With Disabilities (PWDs) and for the protection of witnesses. They further called on the law to criminalize perpetuators, promoters and facilitators of the offence.

While in Rwanda, legislators were urged to ensure the Bill provides a provision for return of a trafficked persons from the hosting Partner State. This, they suggest should be preceded by a risk assessment and with due regard for his/her safety to the home country.

Legislators were tasked to safeguard the role of Foreign Missions in stemming human trafficking is emphasised in Bill, while on the tour in Uganda.

“The EAC Partner States should form specialised units or focal point offices to handle various aspects of human trafficking like child labour, and prostitution”, the Members were informed.

The Committee also noted that the Republics of Burundi, Kenya, Uganda and the United Republic of Tanzania, have specific laws on counter-trafficking in persons and which are in tandem with the UN Protocol. However, the penalties for offences under the laws of Partner States differ from one jurisdiction to another. The Republic of Rwanda is yet to enact a specific law on counter-trafficking in persons even though, offences and penalties for trafficking in persons are provided for under the Penal Code.

The Report was supported during debate by Hon Martin Ngoga who said human trafficking was a major problem in the region and called for more concerted efforts in stemming the same. Hon Nancy Abisai said it was important for the modes of adoption to be streamlined and adhered to. Hon Isabelle Ndahayo said corruption was a key factor in the fight against human trafficking.

Hon Chris Opoka said the enactment of the Bill was timely. He remarked that women and children who are vulnerable continue to be trafficked largely for sale of their body-parts. “This ritual must be condemned and discontinued”, he said.

Hon Adam Kimbisa said the region had for several years been a hunting ground for trafficking in persons where able-bodied people have in the past also been. He cited the need to stop wars, eradicate poverty, create wealth and check corruption as a means to stemming the scourge.

Hon AbuBakr Zein, Hon Mike Sebalu, Hon Valerie Nyirahabineza and Hon Dr Odette Nyiramilimo also supported the Bill. Others who rose in support of the report were Hon Susan Nakawuki, Hon Mumbi Ngaru, Hon Patricia Hajabakiga, Hon Nusura Tiperu and Hon Taslima Twaha.

EAC to collaborate with Oxford University to enhance the Community's institutional capacity

A delegation from the University of Oxford University in the United Kingdom led by Stephen Peel concluded a two-day working visit to the East African Community Headquarters, with the aim of exploring possible avenues of establishing mutually beneficial long-term collaboration between the University and the EAC.

Welcoming the Oxford University officials to the EAC headquarters, EAC Secretary General Amb. Liberat Mfumukeko hailed Oxford University for expressing interest to support the Community to achieve it integration agenda.

The Secretary General briefed his guests on the progress the EAC had made in implementing the Customs Union and the Common Market protocols and preparations towards a Monetary Union, adding that there were high expectations among the people of East Africa to ensure that the three protocols were fully implemented.

Amb. Mfumukeko said that EAC was focused on building a firm base for East Africans through increased competitiveness, value added production, trade and investments and industrial development, all of which would be achieved through implementation of the pillars of integration.

The Secretary General said that "the proposed collaboration between Oxford University and the EAC would provide an effective and practical way to foster advancement of knowledge and build the Community's institutional and research capacity of the Community."

On his part, Mr. Peel applauded the EAC for the impressive progress made so far in deepening the regional integration agenda and said that Oxford University was keen on strengthening its relations with the EAC.

Mr. Peel said the University was keen on making a contribution to sustainable economic growth and industrial development to ensure attainment of the EAC integration agenda.

"Promoting industrial development is a crucial element for driving systematic and progressive socio-economic development as well as promoting a country's or region's competitiveness in the international economic order," said Mr. Peel.

Amb. Mfumukeko and the University team agreed to explore possible areas of collaboration in capacity building for EAC staff through on-the-job training and executive education programmes as well as joint research projects and studies.

This joint initiatives will inform decision making, facilitate implementation of the Protocols and increase the Community's capacity to negotiate trade agreements.

During the meeting, the Secretary General was accompanied by Hon. Christophe Bavizamo, the EAC Deputy Secretary General in charge of Productive and Social Sectors, Hon. Jesca Eriyo, the Deputy Secretary General in charge of Finance and Administration and other senior officials from the EAC Secretariat.

Fast track alternative sustainable funding mechanisms now, EALA urges Partner States

Given the recent financial crunch the Community has undergone, the Assembly is now urging the Summit of EAC Heads of State to direct the Council of Ministers to implement its directive on alternative sustainable funding mechanisms within a timeframe that it (the Summit) shall determine.

This follows a Resolution passed by the Assembly urging the Summit to fast track implementation of the directive on Alternative sustainable funding mechanisms and/or invoke Articles 143 of the EAC against defaulting Partner States in as far as the financial obligation to the Community is concerned.

The landmark Resolution was moved by Hon. Judith Pareno and seconded by Hon. Dr Odette Nyiramilimo. The Assembly further urged the Secretary General of the Community to transmit the Resolution to the Chair of the Summit for inclusion in to the agenda of the November 2016 Summit or at the earliest opportunity when it meets.

The Resolution avers that the consistent default of financial contributions by Partner States has led to the depletion of the EAC general reserves to tune of about US$.6.5 Million to facilitate the activities of the Community.

The Resolution was presented to the House on Wednesday afternoon. However, the Chairperson of the EAC Council of Ministers and Deputy Minister of Foreign Affairs and EAC in the United Republic of Tanzania, Hon. Dr Susan Kolimba, tabled a Motion for adjournment of debate under Rule 30 (C) of the Rules of Procedure. In her explanation, the Minister had sought for adjournment till November 2016 stating that the Council of Ministers was seized of the matter and it was under consideration.

The Motion however did not sail through the House, prompting the Speaker, Rt Hon. Daniel F. Kidega to rule that the substantive Motion be debated to its conclusive end.

The Resolution notes with deep concern that all activities of the Community have come to a standstill or have been disrupted since August, 2016. Activities of not only EALA but other EAC Organs and Institutions have also been affected. Specifically, for EALA are the planned activities of the General Purpose Committee, the Committee on Communications, Trade and Investments, the Regional Affairs and Conflict Resolutions Committee, the Legal, Rules and Privileges Committee and the Select Committee against Genocide and Genocide Denial.

“Other activities include the delayed payment of salaries and payment of EAC suppliers. These have also disrupted all other activities including the ongoing plenary. This is after the Secretary General informed the August House in the 1st Meeting of the 5th Session that he had made substantial savings – are the savings being realized through none implementation of activities? the Resolution says in part.

As at the period of the 34th Ordinary Council Meeting held in August 2016, the total outstanding amount due to the Community by the EAC Partner States according to the Resolution (and a report presented at that meeting) was US$ 45,316,812.

According to a table reproduced within the Resolution, the United Republic of Tanzania and the Republic of Burundi owed the Community arrears to the tune of US$ 356,492 and US$ 5,606,800 respectively. This is in addition to the contribution due for the Financial Year 2016/17 pegged at US$ 8,378,108 per Partner State. Republic of Uganda has paid 26.37% of the current contribution due which equates to US$ 2,209,712 while Republic of Kenya has paid US$ 330,306 out of the US$ 8,378,108, which amounts to 3.94%.

 

Table: Partner States Budgetary Contributions for FY2016/17 to East African Community

PARTNER STATE

ARREARS (FY'15/16)

CONTRIBUTION DUE FY'16/17

CONTRIBUTION PAID FY'16/17

TOTAL OUTSTANDING

Republic of Kenya

 -

8,378,108

330,306

3.94%

8,047,801

United Republic of Tanzania

356,492

8,378,108

  -

0.00%

8,734,599

Republic of Uganda

  -

8,378,108

2,209,712

26.37%

6,168,396

Republic of Rwanda

  -

8,378,108

  -

0.00%

8,378,108

Republic of Burundi

5,609,800

8,378,108

  -

0.00%

13,987,908

TOTAL

5,966,292

41,890,540

2,540,018

6.06%

45,316,812

 

Yesterday, however, Deputy Prime Minister and Minister of EAC Affairs, Republic of Uganda tabled the updated document showing improved liquidity position at the EAC.

The document dated October 12, 2016, indicates arrears by Burundi to have decreased to US$ 2,810,750 besides the contribution due this year of US$ 8,378,108. The Republic of Kenya has paid 28.28%, which amounts to US$ 2,369,509 while United Republic of Tanzania has chipped in US$ 558,287, which is about 6.66% of the total amount. The Republic of Rwanda is yet to meet its quota for this Financial Year.

 

Table: Partner States Budgetary Contributions for FY2016/17 to East African Community as at 12th October 2016

PARTNER STATE

ARREARS (FY'15/16)

CONTRIBUTION DUE FY'16/17

CONTRIBUTION PAID FY'16/17

TOTAL OUTSTANDING

Republic of Kenya

 -

8,378,108

2,369,509

28.28%

6,008,598

United Republic of Tanzania

-

8,378,108

  558,287

6.66%

7,819,820

Republic of Uganda

  -

8,378,108

2,209,712

26.37%

6,168,396

Republic of Rwanda

  -

8,378,108

  -

0.00%

8,378,108

Republic of Burundi

2,810,750

8,378,108

  -

0.00%

11,188,858

TOTAL

2,810,750

41,890,538

5,137,508

12.26%

39,563,780

 

The Council of Ministers however has a decision that all Partner States should clear all outstanding balances by December 2016.

According to Hon. Pareno, the Assembly has on several occasions posed priority questions as to the dire financial status of the Community.

“In both January and March, 2016, Hon. Dora Byamukama posed questions on the financial status of the Community and the Chairperson of Council of Ministers in responding to these questions was quick to assure the Assembly that the Partner States would meet the set deadlines for their contributions,” she noted.

At debate time, Hon. Nancy Abisai said the Community was undergoing a rough patch and added there was need for further commitment by Partner States.

“As politicians, we have a duty to bring to the attention of the Community when things are not working. It is good for the EAC (Organs and Institutions) to pronounce itself on the matter. We need to be sure that the activities of the Assembly shall be held”, she said.

Hon. Susan Nakawuki remarked that it is not the intention of EALA to have a Partner State suspended since none had been in arrears for 18 months and said invoking Article 146 of the Treaty may be inappropriate.

The legislator said that Committees had failed to achieve their work targets due to funding gaps. She maintained that it was impossible for the Community to grow at zero percent increase per year given the progress and dynamism of the Community.

Hon. Jeremie Ngendakumana said an important portion of the budget was funded by Development Partners and said the Community was at risk of collapse should they withhold their portion.

“The contribution by the Partner States should therefore be timely and be considered as a priority”, he said. This should be within the regulations as pertained by the Financial Rules and Regulations (Regulation 23) of the Community, he added. Hon. Ngendakumana termed the Motion a wake-up call and said it is necessary for the Partner States to be fully paid up six months from the date due.

Hon. Bernard Mulengani said as an oversight body, EALA needed to point out areas that are not handled well and improvements made. He said the issue of gratuity should be clarified and that sanction of the same was improper. The same matter on utilization of the gratuity was alluded to by Hon. AbuBakr Ogle.

The Secretary General, Amb. Liberat Mfumukeko confirmed the gratuity account was intact and that EAC account has received close to US$ 5 Million dollars over the last two weeks.

The Secretary General assured the August House that the EAC had regularly written letters and visited the Partner States to request for remission of funds.

“I thank the Partner States for responding affirmatively to our requests despite challenges Partner States are facing”, he said.

Amb. Mfumukeko said his administration had also actively re-engaged with the Development Partners and told the House that three agencies had in fact deposited funds into the EAC Accounts.

“I have been to Brussels and to Nairobi in a bid to assure the partners that the reform agenda is back. We have also signed a few agreements that are duly supportive of the integration agenda”, Mr Mfumukeko said.

Hon. Peter Mathuki reiterated it was the responsibility of the Assembly to oversight the Community and this entailed in ensuring its programs are undertaken.

“The Secretary General has given a commitment that there shall be funds to undertake the activities of the EALA and the Community. This is fundamental,” he said.

On his part, Hon. Martin Ngoga, affirmed the EAC was a leading regional economic bloc according to a number of analysts.

“We have been exemplary and must do so even when it comes to sustainability. There needs to be seriousness in managing the affairs and it should be looked at from a bigger dimension. Currently, the state of affairs is sad, we have a big agenda which we cannot implement”, Hon. Ngoga said.

Others who rose in support were Hon. Yves Nsabimana, Hon. Valerie Nyirahabineza, Hon. Dora Byamukama and Hon. Sarah Bonaya. Others were Hon. Mukasa Mbidde and Hon. Emmanuel Nengo.

The Second Deputy Prime Minister and Minister for EAC, Rt Hon. Kirunda Kivejinja assured the House the Council of Ministers was committed to ensuring the obligations of the Partner States are met.

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