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The EAC needs as a matter of priority to embrace a regional approach to combat child-related criminal acts, the Assembly has recommended.
At the same time, regional legislators want EAC Partner States to strive for uniformity in the delivery and management of child-related services. They further recommend a regional approach that shall also comprise uniform standards on location of facilities, juvenile courts within local jurisdiction, their numbers and standards as well as guidelines on management and funding.
This morning, EALA passed a report of the Committee on General Purpose (GPC) on the legal framework and implementation of policies on the rights of children. The report was a result of oversight activities undertaken by the Committee in the Partner States on 22nd-26th February 2015.
The objective of the oversight activity was to assess the legal framework and implementation of policies related to rights of the child as well as to update on the challenges faced. The Committee report recommends the fast tracking of cases of violence against children by specialised and specific institutions that handle such matters within the framework of the law.
In undertaking the Oversight activity, the Committee interacted with actors in the area of protection of the rights of the child including concerned Government officials from the respective Ministries, Non-Governmental Organisations, Civil Society, representatives of National Commissions among others.
The report presented to the House by the Chair of the GPC, Hon. Dr Odette Nyiramilimo further implores the EAC to establish a regional fund and sustainable financing for child-related issues of protection, prevention and management.
The institutional basis of such a fund would be coordinated at the regional level by the EAC and any children’s Committees, as the case may be. Such is notwithstanding the other sources of financing at national level, Hon. Dr Nyiramilimo told an attentive House.
“The Committee is of the view that children and youth are without doubt a very important part of the Community and have to be protected as the future depends on the quality of care, education as well as values inculcated into them”, the report says in part.
It cites some of the forms of child abuse as violence against children, denial of rights to play and corporal punishment and other forms of punishments. Other challenges that children carry to school include diminishing job opportunities, drug abuse, sexual abuse and Female Genital Mutilation (FGM).
EAC Partner States have put in place policies that protect child rights but that they face various challenges in the implementation. In Burundi, for example, the Committee observes that Burundi has ratified most of the international legal instruments relating to rights of the child – but there is need to harmonise and align the same to the national principles and legislations.
In Kenya, the Committee observes that FGM continues to be a major challenge terming the act detrimental and causing medical and psychological repercussions and calls for an immediate end to the practice.
In Rwanda, the Committee finds that a large number of children are orphaned as a result of the Genocide against the Tutsi in 1994 and as a result of the HIV and AIDS pandemic.
In Uganda, the report cites the lack of enforcement of existing legislation and notes that only few Family and Children’s Courts were operational and with irregular Sittings. On its part, in Tanzania, the report cites inconsistencies between the Law on Marriage and that of Child.
Contributing to the debate on the floor of the House, Hon. Martin Ngoga said it was important for the Partner States individually and collectively, as EAC, to look into the legal machinery to deal firmly with the challenges facing children.
Hon. Dora Byamukama lamented that there were many cases of child defilement and FGM and that legislation should be enforced. The Member said human trafficking was as a result of poverty and said at an appropriate time a Bill on Human Trafficking would be tabled in the House.
Hon. Joseph Kiangoi said children were entitled to both parents to foster their upbringing. He further termed the abuse of drugs as deterring rights of children and said there was need to stiffen the penalties. The legislator also called for stronger laws to protect and streamline adoption and said the continued influx of foreigners going for adoption of children from the region was worrying. “Where are they taking our children?”, he poised.
Hon. Adam Kimbisa decried culture and customs, legal framework and economic situation as challenging to the debate. “Customarily, our girls still go through FGM even though such practices are clearly outdated. We must enhance education and sensitisation to address the issues squarely”, Hon. Kimbisa said.
Hon. Hafsa Mossi called for enactment of a regional law to put in place a holistic approach to the issues facing children.
“Poverty is a main factor. The entire region has street children and we must address and find solutions to the same. It is important for Governments to provide assistance to children who are abused”, Hon. Mossi said, adding that affected families at times lacked finances to institute legal measures.
The legislator said that ICTs had contributed to exposure of pornography and violence amongst others and called on Communication regulators to look into the matters urgently.
Hon. Christophe Bazivamo termed the children as the future of the Community and called for prioritising of children rights as a national obligation.
He said there was need for adequate budgeting to be allocated to children issues. The legislator decried malnutrition as a major problem and called for serious measures to be taken so that they develop and are able to benefit from education and other social rights.
Hon. Abubakar Zein called on Members themselves to be change agents and to engage other stakeholders including National Assemblies.
Others who rose in support of the report were Hon. Bernard Mulengani, Hon. Susan Nakawuki, Hon. Valerie Nyirahabineza, Hon. Peter Mathuki, Hon. Straton Ndikuryayo, Hon. Ussi Maryam and Hon. Mumbi Ngaru.
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The Assembly wants the region to prioritise harmonisation of investment initiatives and incentives if the bloc is to be promoted as a single investment area. To this end, EALA is calling for the formulation of an advocacy plan to spur investment policy and strategy as well as enactment of a regional law on investments.
The legislators also want a framework in place to ensure that specialisation in investments are encouraged among the Partner States as opposed to intra-competition. In addition, they are calling for inculcation of mechanisms to enable investors to capitalise a certain percentage of profits in the EAC countries rather than repatriating all the money back to their home countries.
The issues are summed up in a report of the Communications Trade and Investment (CTI) on investment promotion policies in the region that was debated and adopted this morning as the EALA Session commenced in Kampala, Uganda.
The report follows a workshop on Investment Promotion policies conducted by the Committee and held in Kigali, Rwanda in April this year. The Objectives of the Report include:
- to understand the regional investment policies and strategies in EAC
- to understand the individual EAC Partner State investment codes/strategies and
- coming up with possible recommendations on the way forward for investment, Private Sector and industrial development.
The report presented to the House by the Chair of the CTI, Hon. Mukasa Mbidde, states that investors have shown renewed interests in the region and this is based on the premise that Africa is on the verge of transformation. The continent should thus continue to receive inflows to improve balance of payment into their national economies, the MP stated.
Industries and Industrial development is a critical area of co-operation by Partner States as outlined in Article 79 and 80 of the EAC Treaty and envisaged under Article 44 of the EAC Common Market Protocol.
According to Hon. Mbidde, proper policies and strategies need to be sought to promote Small and Medium-sized Enterprise (SME) development. Priorities in this area include the region’s institutional capacity to deliver business development services and creation of an enabling environment for improvement of SME policies and regulations.
The report states that though the volume of intra-EAC investments is still low, there is potential to enhance it. Republic of Kenya is the leading cross border investor in the EAC while the United Republic of Tanzania is a leading recipient of cross-border investments according to the report. The leading investment segments include ICT, Energy (Oil and Gas), agro-processing, building and construction and services which include wholesale, finance, insurance, health and education). In Rwanda, there is a conducive business environment which includes e-registration of companies and electronic single window for customs declarations. The country also passed over 21 business laws between the years 2008-2011.
In Burundi, the country has continued to improve its business climate including removing customs duty on investment goods made in the EAC and COMESA region. In Uganda, the country has secured investments by anchoring the same under the Constitution and the Investment Code (1991). Its investment strategies include the establishment of a one-stop centre as well as nurturing and development of SMEs.
The EAC Investment Code was formulated in 2006 as one of the tools for investment and private sector promotion as envisaged in the EAC Development Strategy – 2011/12 to 2015/16.
The objective of the EAC Model Investment code is to enhance qualitative and quantitative local, regional and foreign investment into the region. The Model Investment Code intends to facilitate adoption of transparent, predictable regulations and laws to the potential investors, especially in matters relating to compensation for loss of investment and dispute settlement mechanism. The model code thus introduces the need to nurse private investments well beyond the initial period of attracting and facilitating new investors.
At debate today, Hon. Nancy Abisai appealed for Partner States to ensure they created conducive environment for businesses.
“We have good policies of investment in the Partner States, but they are disjointed. Let us look for a way to harmonise them”, she said. “Burundi has easy mode of registration while the United Republic of Tanzania Investment Act provides excellent opportunities for incoming investors. In Uganda, the Government permits locals, foreigners and joint ventures to invest freely. Kenya on its part has removed a number of licenses that previously hindered registration making it easier now. All this needs to be lauded”, she said.
“The point of disconnect is the failure to capture the business environment regionally”, she added.
Hon. Mike Sebalu called on EAC citizens to spread their investments in the region citing employment, generation of revenue and improvement of livelihoods as necessary.
“I salute H.E. Uhuru Kenyatta, President of the Republic of Kenya, who was recently here for his pro-trade and investment agenda. This is focal for promoting integration”, he said.
Hon. Shyrose Bhanji said the re-establishment of EAC also sought inter-alia to improve the livelihoods of its citizens. “Unfortunately, lives are disheartening even though we are talking of big investments. There is little or no room for employment for many youth who are university educated”, she said.
Hon. Bhanji called on Partner States to put emphasis on small-scale farmers to create employment and said EALA can play a key role in educating the masses.
Hon. Leonce Ndarubagiye called for a regional law on anti-corruption and stiffer penalties to stem the vice, lamenting that it was contributing to killing investments in the region.
Hon. Patricia Hajabakiga said real economic development can be realised by meeting with investors to ascertain that the policies on the ground are actually been implemented.
Others who supported the debate were: Hon. Peter Mathuki who called for efficient transport network and infrastructure systems for the region to facilitate movement of goods and services. He called for means to curb corruption to enable citizens enjoy their rights. Hon. Zein Abubakar called for good governance as a pre-cursor to enhancing investment in the region. Hon. Fredric Ngenzebuhoro, Hon. Susan Nakawuki, Hon. Martin Ngoga, Hon. Sarah Talaso and Hon. AbuBakr Ogle also rose in support of the report.
Hon. Shem Bageine, Minister for EAC, Uganda and standing for the Chair of Council of Ministers remarked that the East African Court of Justice (EACJ) had already taken up its place as the Judicial organ to arbitrate on trade disputes. This follows the extension of the jurisdiction of the Court to include matters of trade and investments. He said that the region was keen to see export trade enhanced and that the Council would keenly study the recommendations of the report with a view to harmonising the investment codes.