Hon. Dr Didas Masaburi is dead. The former EALA Legislator passed away last night (October 12th, 2016) at the Muhimbili Hospital in Dar es Salaam, where he had been admitted.
Hon. Dr Masaburi was a Member of the 2nd EALA between the period of 2006-2012. He also served on the EALA Commission (then House Business Committee), the decision making body of the Assembly. The late Dr Masaburi was also a Mayor of Dar es Salaam and a party stalwart of the Chama Cha Mapinduzi (CCM). He rose through the ranks from the youth wing of CCM (Umoja wa Vijana CCM - UVCCM) and was a loyalist of the ruling party.
EALA Speaker, Rt Hon. Daniel F. Kidega condoled with the family and friends of the late Dr Masaburi.
“The late Hon. Dr Masaburi was a great debater and courageous legislator at the 2nd EALA (2006-2012) and contributed immensely to strengthening EALA and the regional integration process. We all hold fond memories of Hon Masaburi for his contribution towards ensuring a stronger bloc and improving the welfare of citizens of the region”, Rt Hon Kidega said in a statement released from Zanzibar on the sidelines of the 2nd Meeting of the 5th Session of the 3rd Assembly.
The family and friends are meeting at his home in Segerea in Dar es Salaam. May the Almighty God rest his soul in perfect peace.
The Assembly today has added its voice to the push for more budgetary allocation in the agricultural sector in Partner States and to ensure legal and regulatory frameworks are responsive to the needs of the smallholder farmers, youth, women and other sectors.
The increase in budgetary allocations is in line with the Malabo Declaration and the Assembly says the target which is pegged at least 10%, needs to be met annually or progressively.
The legislators are similarly urging the EAC Secretariat to institutionalise a Regional Agriculture Advisory Council to advise on the harmonization of the regional agriculture policy frameworks and programmes. Such a Council, EALA says, could comprise of EAC/EALA Secretariat and representatives from Partner States, academia, regional Farmer Organisations and Civil Society as well as consumers.
At the same time, Partner States need to increase the quality of investments by addressing national priorities connected with farmers while addressing existing challenges. Consequently, increase in the absorption rate in the agriculture sector with a correlation between budget allocation, agriculture returns and sectoral growth targets is absolutely necessary.
The recommendations are contained in a report arising from the Agriculture Budget Summit, 2016 held in Arusha on June 4th, 2016. The meeting, then, opened by EALA Member, Hon. Chris Opoka and themed “Increasing Public investment in Agriculture towards Ending Hunger and Poverty by 2025 in the EAC” was organized to support the implementation of the Malabo Declaration of 2014-2025.
The meeting among other things, sort to increase public awareness on the Comprehensive Africa Agriculture Development Programme (CAADP) Results framework and importance of public financing of agriculture that supports smallholders as catalyst for improved Private Sector investment. It further wanted to enhance Civil Society Organizations, small scale farmers’ involvement in agriculture financing policy processes for improved public financing for agriculture at national and the East African Community level.
The Summit was attended by EALA Members from the Committee on Agriculture, Tourism and Natural Resources, Committee Chairpersons from Partner States’ National Parliaments and CAADP Focal points from EAC Partner States. Other Partners were from various organizations such as Trust Africa, ActionAid International, Agriculture Non-State Actors Forum (ANSAF) and the Coalition of Non-State Actors on CAADP amongst others.
The meeting underscored the need for the EAC/EALA to expedite the domestication of the Malabo Declaration 2014 -2025 by putting in place a regional legally binding Protocol or instruments to ensure regional realization of its goals.
In the past, EALA has contributed significantly to the discussions in the region by ensuring formulation of key recommendations to strengthen the agriculture sector, in line with the Maputo Declaration on “Agriculture and Food Security” and Malabo Declaration on “Accelerated Agricultural Growth. The Assembly is also keen on taking up the issues of land rush which is a hindrance to agriculture development in the region and in Africa, in general as well as in overseeing development of a regional legal framework on sustainable investment in agriculture.
The report of the Meeting which was tabled in the House by Hon. Patricia Hajabakiga on behalf of the ATNR Committee further takes an incisive analysis of the Partner States’ situations.
During debate, Hon. Maryam Ussi called on the region to support the smalls scale farmers by implementing the 10% budgetary increase as per the Malabo Declaration.
Hon. Mike Sebalu remarked the relations between the Assembly and farmers’ organisations were very cordial and that the voice of the farmers continued to be championed by EALA. He remarked that it was time for agriculture to be prioritized and that a value system that inculcates agriculture should be embraced
Hon. Shyrose Bhanji remarked that agriculture if well boosted by sufficient budgets, would ensure the youth, women and other stakeholders are catered for through employment opportunities.
“At the same time if land is well allocated, and utilised then it would go a long way in eradicating poverty. To ensure this, finances in terms of credit is to be output,” the legislator said.
The legislator challenged the small holder farmers to take advantage of the Customs Union Protocol that offers with it free taxes on local products.
Hon. Mumbi Ngaru informed the House to step up efforts to reach out to stakeholders in the agricultural sector especially during its (EALA) Sensitisation activities while Hon. Nancy Abisai said it was necessary to curb corruption if resources were to be made available.
The Report was also supported by Hon. Taslima Twaha, Hon. Chris Opoka, Hon. Dr Odette Nyiramilimo, and Hon. Adam Kimbisa.
The President of Zanzibar and the Chairman of the Revolutionary Council, H.E. Dr Ali Mohammed Shein opened the Second Meeting of the Fifth Session of the Third Assembly with a call to re-double efforts towards strengthening the integration process.
In his remarks, H.E. Dr Ali Mohammed Shein, said the move would ensure the region continues to benefit immensely. He remarked that a number of achievements had been realized by the implementation of the Customs Union and the Common Market Protocols, the challenges notwithstanding.
“Through the Custom Union Protocol, we have enormously enhanced the volume of trade within the Community. The Bloc has been rapidly emerging as a magnet for Foreign Direct Investment. We are on the right track in our quest to improve agriculture which is one of East Africa’s most important sectors, with about 80% of the population of the region living in rural areas and depending on it for the livelihood”, H.E. Dr Ali Mohammed Shein said.
The President called for accelerated efforts to improve the infrastructure to spur development.
“It is inspiring to see that we have many infrastructure projects in progress. However, we still need to accelerate our efforts to improve our roads, railways, waterways, aviation and communication system. It is the high-quality and robust infrastructure systems that will facilitate the movement of goods, persons, capital and services. In addition, having modern and sustainable infrastructure will make us closer together and become more inspired in developing other sectors”, he said.
He maintained that United Republic of Tanzania was keen on focusing on industrialization as the game changer in the integration process.
“As you are all aware, since the coming of the Fifth phase of the Government of the United Republic of Tanzania, the President, His Excellency Dr. John Pombe Joseph Magufuli, has asserted an impressive industrialization focus. At the same time, Zanzibar is in the process of reviewing its industrial policy targeting improvement of its industrial sector. We hope to raise industrial productivity and secure market within the East African Region and beyond”, H.E Dr Ali Mohammed Shein said.
He urged the EAC to take advantage and to explore the opportunities that make it (region) an economic strong-hold noting that a strong industrial powerhouse would shore up Gross Domestic Product (GDP) across board.
“We need to move from where we are now, where the contribution of manufacturing to GDP in East Africa is estimated at 8.9%, which is considerably below the average target of about 25% that all the Partner States have set for themselves to achieve by 2032. It is through the industrial development that we can eliminate the current unemployment challenges that exist in all Partner States”, Dr Shein stated.
On tourism, the President called for more efforts to see the sector, which is a mainstay of Zanzibar improved.
“It has been reported that the region receives less than 5 million tourists and holiday makers from abroad a year out of over one billion, which is the world’s total. This number, in fact, does not reflect the global popularity and fame of our tourist attractions. We can do better as a bloc”, the President said.
The President hailed EALA for its continued role in sensitizing the citizens of the region saying many stood to gain from the initiative.
“Sensitization programmes are a costly affair but the benefits outweigh the costs. Sensitization and outreach remain extremely fundamental if the EAC is to be wholly owned by the people and for the people”, the President added.
In attendance at the Special Sitting were the 2nd Vice President of the Zanzibar, H.E. Seif Ali Iddi, the Chief Justice, Lordship Omar Makunga, senior government officials and diplomats. Also gracing the occasion were former Members of EALA from Zanzibar.
The President congratulated the Assembly for promoting Kiswahili in the region.
“Mr. Speaker, the recent resolution by EALA on the envisaged promotion and use of Kiswahili is very commendable. As the lingua franca, Kiswahili is set to strengthen our brotherly bonds even further”, he said.
He remarked that the Revolutionary Government of Zanzibar would support the EAC Kiswahili Commission to the hilt.
“I am delighted by the East African Community’s decision to choose Zanzibar as the headquarters of the East African Kiswahili Commission (EAKC). This is a very important institution of the Community. You have made the right decision, taking into account of the fact that the standard Kiswahili is spoken in Zanzibar. We thank you sincerely for the decision and pledge our full support”, H.E. Dr Ali Mohammed Shein said.
The President further informed the regional legislators the State University of Zanzibar (SUZA) had broadened its Kiswahili curriculum, offering special Kiswahili courses at various levels to foreign students and Ph.D. courses to both local and foreigner students.
In his remarks, the Speaker of EALA, Rt Hon Daniel Kidega, termed as absolute, the need for political will to ensure realization of integration.
“In this exciting time of integration, we need to maintain the tempo as we implement the Customs Union and the Common Market and concretize the next steps towards the Monetary Union and ultimately, the Political Federation. In so doing, the EAC should address existing bottlenecks such as NTBs, free movement of persons and goods”, Rt Hon Kidega said.
He urged Partner States to keep on track with the region’s 10-year Infrastructure Development Strategy, which among other things, lays emphasis on Public-Private Partnership investments in railways, roads, ports and energy.
Zanzibar, the Speaker remarked, had the potential of becoming the unprecedented “Dubai of Africa” owing to the existence of a free port. The Speaker remarked that peace and security were key components of development. Rt Hon Kidega remarked that the Inter-Burundi dialogue currently chaired by the former President of the United Republic of Tanzania, H.E. Benjamin William Mkapa, needed all the support to ensure normalcy is restored in the East African nation.
“Peace is key so that citizens of Republic of Burundi and Republic of South Sudan carry on with their lives without fear of any more loss of life, injury or destruction of property. And they can enjoy benefits from the integration process”, Speaker Kidega noted.
This is the first time the 3rd Assembly is meeting in Zanzibar as part of its rotational principle. The 2nd Assembly on its part held a Sitting in Zanzibar in December 2007.
Over the next two weeks, EALA is expected to dispense with three key Bills, the EAC Trafficking in Persons Bill 2016, the EAC Polythene Materials Control Bill 2016 and the EAC Gender Equality and Development Bill 2016.
The House shall also be furnished by a number of reports. They include Reports of the Committee on Communication, Trade and Investments, the Committee on Regional Affairs and Conflict Resolution and the Committee on Legal, Rules and Privileges. The Committee on Agriculture, Tourism and Natural Resources and the General Purpose Committee shall also be tabling their reports.
On his part, the Speaker of the Zanzibar House of Representatives, Rt Hon Zubeir Ali Maulid asked for the enhancement of the Common Market Protocol to have a more robust integration.
“Partner States are expected to gain a lot of benefits through free movement of labour among other things”, he said.
The Speaker affirmed the tradition of rotational principle saying it brought the Assembly closer to the people. He called for the amendment of Article 50 of the Treaty to enable the direct election of Members from Zanzibar to the EALA and added that Zanzibar House of Representatives would be interested in participation in a number of fora organized by EALA for mutual benefit between the two Parliaments.
In the vote of thanks, Hon Leonce Ndarubagiye, said the people of Zanzibar had shown much enthusiasm in the integration process. He remarked that Zanzibar was entry of point to the region and a melting pot of cultures and religion.
EALA Sittings are held under the principle of rotation in line with Article 55 of the EAC Treaty. EALA meets at least once in every year at its headquarter in Arusha, Tanzania.
The 2nd Partnership for Aflatoxin Control in Africa (PACA) Platform meeting themed Tracking Commitments, Sustaining Implementation for Results and Impact got underway in Entebbe, Uganda today.
Giving the keynote address at the meeting this morning, the EAC Deputy Secretary General in charge of Finance and Administration, Hon. Jesca Eriyo, said the entire African continent was geographically susceptible to Aflatoxin contamination and that the high incidence of Aflatoxin continues to pose a serious threat to human and animal health.
Hon. Eriyo further said that Aflatoxin was major barrier to the continent’s agricultural produce accessing export markets since stringent regulations on aflatoxin contamination limits how much produce enters the global food market.
The Deputy Secretary General (DSG) disclosed that it was estimated that losses associated with Aflatoxin in Africa escalate to US$450 million each year due to stringent EU standards alone. She said Aflatoxin was one of the challenges that the Continent needs to address in order to achieve global developmental aspirations such as the Sustainable Development Goals (SDGs), the AU Agenda 2063, and the continental goals and targets contained in the 2014 African Union Heads of State Malabo Declaration on Accelerated Agricultural Growth and Transformation for Shared Prosperity and Improved Livelihoods.
“EAC is also committed to the implementation of the Malabo Declaration. The overarching commitments in the Malabo Declaration include ‘Commitment to Ending Hunger in Africa by 2025’ and the Commitment to Boosting Intra-African Trade in Agricultural commodities and services. These commitments are pertinent to and of great relevance to the EAC integration process,” said Hon. Eriyo.
Using the EAC as a focus of her keynote address, Hon. Eriyo informed the participants that the EAC Aflatoxin Prevention and Control Initiative was launched in March 2014, with the overall focus of mitigating the adverse impacts of Aflatoxin along the food and feed value chains in the region.
She said the initiative was anchored in the Treaty for Establishment of the East African Community, the Common Market Protocol, the Protocol on Sanitary and Phyto-sanitary (SPS) Measures and other EAC Instruments of Regional Integration.
“Safeguarding human, animal and plant health and ensuring safe trade in agricultural products in the EAC and other trading partners is a key provision in the SPS Protocol. Aflatoxin contamination is a complex and multi-faceted problem that has to be addressed through strategic partnerships and complementary efforts at the national and regional levels.”
The DSG noted that the EAC had worked closely with the African Union led PACA, the Eastern Africa Grain Council, the Eastern Africa Farmers Federation and the International Institute of Tropical Agriculture.
“USAID has been a reliable and committed Development Partner for the EAC in this initiative. All these Partnerships are important to ensure that our efforts are complementary and synergistic”.
She reiterated that the EAC with support from USAID and International Institute for Tropical Agriculture (IITA) developed, validated and adopted a total of 11 evidence-based multi-sectoral papers. The critical topics covered in the papers include impacts of aflatoxin on animal and human health, standards for food and feed, biological control of aflatoxin, post-harvest handling, alternative uses and disposal systems for contaminated products, economic impacts on trade and communication strategy.
The Technical Papers have informed development of the EAC Aflatoxin Prevention and Control Strategy and Action Plan. In addition, the Technical Papers have been used to develop 10 policy briefs on Aflatoxin Prevention and Control. The policy briefs will be published and disseminated widely to enhance levels of awareness on the magnitude of Aflatoxin within the EAC region.
Welcoming Delegates to the meeting, H.E. Rhoda Peace Tumusiime, the Commissioner for Rural Economy and Agriculture at the AU Commission said the objective of the meeting was to track progress of implementing the specific actions identified at the first Partnership Platform Meeting and to assess efforts of the last two years (2014-2016) of implementing PACA activities at continental, regional and national levels in order to capture the attained successes and record challenges, for the development of a clear roadmap for the next two years of implementation, among others.
The Senegalese’ Minister of Commerce, Informal Sector, Consumption, Promotion of Local Products and SMEs, Hon. Alioune Sarr, reaffirmed to the delegates about his country’s commitment to fight and contain aflatoxin contamination in Senegal and Africa as a whole.
Uganda’s Minister of Agriculture, Animal Industry and Fisheries, Hon. Ssempijja Vincent Bamulangaki, outlined the achievements Uganda has made in the fight against aflatoxin contamination, while his counterpart for Trade, Industry and Cooperatives, Hon. Amelia Kyambadde, decried the low levels of public awareness on the effects of aflatoxin and the mitigation measures, as well as the “silos” manner in which aflatoxin issues were being handled. She said that the aflatoxin requires a multi-stakeholder approach and the activities for implementation should focus on the causes rather than the symptoms.
The 2nd PACA Platform meeting has brought together over 300 senior government officials from AU Member States mainly from government Ministries of agriculture, trade, and health, farmers organization, consumer associations, large and small business sector representatives, civil society, development partners, donor communities, the AU, and Regional Economic Communities in Africa.
…Isles to play host to 3rd Assembly for the first time
The East African Legislative Assembly (EALA) shall hold its Sitting in Zanzibar, Tanzania, next week. The Plenary which takes place from Monday, October 10th, 2016 to Friday, October 21st, 2016, is the Second Meeting of the Fifth Session of the Third Assembly.
The Assembly is to be presided over by the Speaker, Rt. Hon. Daniel F. Kidega. Top on the agenda during the two-week period is the Special Sitting on Tuesday, October 11th, 2016, which is expected to be addressed by the President of Zanzibar and Chairman of the Revolutionary Council, H.E. Dr. Ali Mohamed Shein.
This is the first time the 3rd Assembly is meeting in Zanzibar as part of its rotational principle. The 2nd Assembly on its part held a Sitting in Zanzibar in December 2007.
The Assembly is expected to dispense with three key Bills, the EAC Trafficking in Persons Bill 2016, the EAC Polythene Materials Control Bill 2016 and the EAC Gender Equality and Development Bill 2016.
The EAC Counter-Trafficking in Persons Bill, 2016, seeks to provide a legal framework, develop common measures, strategies and programmes to the prevention of trafficking in persons and the perpetrators of such actions. The Bill is being debated at a time when the region and the globe are reeling from major effects of counter-trafficking in persons.
The Bill is to further develop partnerships for co-operation in counter trafficking in persons and provision of protection mechanisms and services for persons. At the Sitting in Dar es Salaam in March 2016, the Assembly committed the crucial Bill to the Committee stage.
The EAC Polythene Materials Control Bill, 2016 moved by Hon. Patricia Hajabakiga, aims at providing a legal framework for the preservation of a clean and healthy environment through the prohibition of manufacturing, sale, importation and use of polythene materials. The Bill was re-introduced during the Sitting held in August 2016 in Arusha, Tanzania.
The EAC Gender Equality and Development Bill 2016 on its part, sets out to make provision for gender equality, protection and development in the Community.
According to the mover, Hon. Nancy Abisai, the Bill seeks to consolidate and harmonise the various commitments on gender equality that have been made at regional, continental and international levels in the context of the EAC.
The EAC Partner States appreciate the importance of women and men’s participation in the integration process of the EAC. At the same time, the Partner States are signatories to and should adhere to the instruments and take cognizance of emerging threats such as feminization of poverty, globalization, and gender based violence – all of which impact negatively on citizens.
The House shall also be furnished by a number of reports. They include Reports of the Committee on Communication, Trade and Investments, the Committee on Regional Affairs and Conflict Resolution and the Committee on Legal, Rules and Privileges. The Committee on Agriculture, Tourism and Natural Resources and the General Purpose Committee shall also be tabling their reports.
EALA Sittings are held under the principle of rotation in line with Article 55 of the EAC Treaty. EALA meets at least once in every year at its headquarter in Arusha, Tanzania.
The Secretary General of the East African Community, Amb. Liberat Mfumukeko, today received credentials from the Ambassador of the Republic of Ireland to the United Republic of Tanzania, H.E Ambassador Paul Sherlock, who has also been accredited to the EAC.
In the Ambassador’s accreditation letter dated 30th August, 2016 addressed to the Secretary General of the EAC, the Irish Minister of Foreign Affairs, Mr. Charles Flanagan, appoints Amb. Paul Sherlock as the Irish representative to the EAC.
The Secretary General warmly welcomed Amb. Sherlock to the EAC and briefed him on the current achievements in the pillars of the regional integration and development process. He said the Community had expanded tremendously within a short spell of time, which has necessitated the Community to review its institutional set-up and work on sustainable financing mechanism.
Amb. Mfumukeko further informed his guest of the reforms he had instituted within the Organs and Institutions of the Community aimed at cost cutting and prudent financial management.
In his remarks, Amb. Sherlock hailed the Secretary General for the good work he and his team were doing in deepening the regional integration agenda. He said achieving the Customs Union and the Common Market and moving towards a Monetary Union within such a short time for the Community was commendable.
Amb. Mfumukeko and the Irish envoy discussed several issues including the status of the EAC-EU Economic Partnership Agreements (EPAs) and the Inter-Burundi Dialogue. They also explored areas of collaboration in trade and investment, agro-processing, tourism and ICT.
The Secretary General informed Amb. Sherlock that the EAC Secretariat was ready to mobilize and send an EAC Mission to Ireland to meet the Irish Chamber of Commerce and Industry, Tourism and Investment Agencies, and other stakeholders to concretize the specific areas of cooperation.
Also present at the accreditation ceremony were Mr. Robert Hull, the Second Secretary at the Embassy of Ireland in Dar es Salaam, Deputy Secretaries General Mr. Charles Njoroge and Hon. Christophe Bazivamo, and other senior officials at the EAC Secretariat.
The First Instance Division of the East African Court of Justice has dismissed a case filed by the East African Civil Society Organizations’ Forum (EASCOF) against the Attorney General of the Republic of Burundi, the Independent National Electoral Commission of Burundi (CENI) and the Secretary General of the East African Community.
EASCOF had alleged that the decision of the Constitutional Court of the Republic of Burundi violated the letter and spirit of the Arusha Peace and Reconciliation Agreement for Burundi, 2000 (the Arusha Accord) which was promulgated into domestic law by the Parliament of the Republic of Burundi, in particular Article 7(3) of Protocol 11 to the Arusha Accord which provides that the President of the Republic of Burundi shall be elected for a term of five (5) years, renewable only once and that no one may serve more than two presidential terms. EASCOF further alleged that the Constitution of Burundi states under Article 96 that the President of the Republic is elected by universal; suffrage for a mandate of five years renewable once.
The Applicant further alleges that by reason of the aforementioned breach of the Arusha Accord and the Constitution of Burundi, the decision of the Constitutional Court equally violated Articles 5(3)(f), 6(d), 7(2), 8(1)(a) (c) and 8(5) of the Treaty for the Establishment of the EAC. The forum further claimed that the decision of the ruling CNDD-FDD political party to nominate or put forward President Nkurunzinza as a candidate for election to the Office of the President of the Republic Burundi in 2015 violated the Arusha Accord aforementioned and was therefore unlawful.
The Applicant also alleges that the CENI had failed to ensure compliance with the provisions of the EAC Treaty.
The Court in its decision declined the application by the Applicant to interrogate/ review, revise the decision of the Constitutional Court of the Republic of Burundi. It further added that it has primacy in the interpretation of the Treaty but its mandate does not extend to the interrogation/review of the decisions of other Courts in a judicial manner such as being asked by the Applicant of the Constitutional Court in this matter.
EACJ said that the interrogation would require the Court to exercise the appellate Jurisdiction over the said decisions which jurisdiction the Court does not have. The judges observed that the independence of the Courts of Partner States was a paramount principle of the rule of law as envisaged in Articles 6 (d) and 7 (2) of the Treaty, adding that they could not therefore in upholding those principles, interfere with that independence.
On the issue of the CNND-FDD to nominating Mr. Pierre Nkurunziza as its Presidential candidate for election, the Court decided that the issue was time barred. That the decision was made on 25th April, 2015 and therefore any challenge to it pursuant to Article 30 (2) of the Treaty ought to have been filed before it Court on or before 3rd June, 2015. That since the Reference was filed on 6th July 2015, it clearly shows that the matter was time barred.
The Court further averred that it found no evidence that the Secretary General had breached any of his duties in the context of this Reference, adding that the powers and functions of the Secretary General were clearly spelt out in Articles’ 67 and 71 of the Treaty. The judges were therefore hesitant to hold the Secretary General accountable for any action on his part. The Court reiterated the matter was predicated upon a specific decision of the Constitutional Court of Burundi issued on 25th May, 2015 with attendant events. The Court said that there was no plausible reason why the Secretary General was enjoined in this matter.
The Court also observed that the second respondent, CENI, was struck out of the reference that it has never entered appearance, was also improperly enjoined in this matter.
They concluded that the Reference has brought to the fore the continuing and emerging questions regarding the rule of law in Partner States within the EAC. The Court, faithful to its mandate, has found that the present case does not meet the muster of the Treaty and the same has to fail.
The Court closed the matter and ordered each party to bear their own costs.
The judgement was read by Hon. Justice Isaac Lenaola Deputy Principal Judge First Instance Division
The People’s Republic of China has donated US$200,000 to the East African Community Secretariat as part of support to the ongoing Inter-Burundi Dialogue.
Making the announcement at the EAC Headquarters in Arusha, Mr. Gou Haodong, the Minister-Counsellor at the Chinese Embassy in Dar es Salaam, Tanzania reaffirmed China’s commitment to the success of the Burundi peace process.
Mr. Haodong hailed the EAC for playing a leading role in facilitating the talks, adding that China would continue to support the talks until Burundi realized a genuine and lasting peace.
Mr. Philip Wambugu, the Director of Infrastructure at the EAC Secretariat, who received the donation on behalf of the EAC Secretary General, thanked China for its generous contributions which he said have kept the talks going.
Mr. Wambugu said the Summit had at its 17th Extra-Ordinary Meeting held in State House Dar es Salaam on 8th September, 2016 directed the EAC Secretariat to continue mobilizing resources for the purpose of supporting the peace talks.
Also present at the talks were First Secretary at the Chinese Embassy, Mr. Xia Riu Jiu, and Dr. James Njagu, the Chef de Cabinet to the Secretary General.
The EALA Speaker, Rt Hon. Daniel Fred Kidega says the time for the Economic Community of West African States’ (ECOWAS) Parliament to get Legislative powers is now, Such a move, Rt Hon. Kidega notes would be a precursor to capacitate the Legislature to enact laws and respond to demands of the populace of the West African region. Consequently, the EALA Speaker is urging the 4th Legislature to up the push on the adoption and signing of the Supplementary Act on the Enhancement of powers of the said Parliament.
Rt Hon. Daniel Fred Kidega made the remarks on September 22, 2016, as he delivered a solidarity message to the Assembly at the commencement of the 2nd Ordinary Session of the ECOWAS Parliament at the Parliamentary buildings in Garki, Abuja, Nigeria.
He further remarked that it was in the best interest of the bloc to speed up integration to realise the aspirations of the founding fathers of ECOWAS and those of its citizens.
“In order to realise integration to its fullest, this may perhaps be – an opportune moment for the ECOWAS Parliament to transform itself into a legislative body capacitating it to enact laws that can influence change and to respond to the demands of the populations”, the Speaker said.
“I recall with vigour the 3rd Legislature had sought the enhancement of its powers to include the power to legislate in co-decision with the Council of Ministers, representation, budget appropriation and confirmation of statutory appointees of the Community Institutions. The 4th Legislature continues with the spirited campaign for the adoption and signing of the Supplementary Act on the Enhancement of the Powers of the Parliament, which shall give ECOWAS Parliament the desired legislative powers, an initiative that EALA totally and fully supports”, the Speaker added.
He said EALA had contributed to strengthening of the integration process at the EAC - given its legislative powers, by passing over 70 pieces of legislation, all key to upping the stakes for stability and development in the EAC region.
“Having superintended over an Assembly with legislative powers, there are enormous benefits of such an arrangement for the integration process,” he added.
The EALA Speaker remarked that it was also necessary for the discourse on legislative powers to be scaled-up to the continental level. At the moment, the South African based Pan-African Parliament (PAP) is also campaigning for the ratification of the new Protocol that is envisaged to give it powers to pass model laws for the continent. The new Protocol needs at least 28 ratifications to be enforced. At the moment, 10 countries have ratified the instrument but only two have returned (deposited) the same with PAP.
In an aired/televised message, the President of the Republic of Liberia and Chairperson of the Authority of ECOWAS Heads of State and Government, H.E. Ellen Johnson Sirleaf remarked that the ECOWAS Parliament was a catalyst and indeed at the fulcrum of integration.
President Sirleaf who was attending the United Nations General Assembly (UNGA) in New York, USA, maintained that ECOWAS was committed to achieving its 2020 Vision of a borderless and peaceful region, devoid of terrorism and other insecurities, and one that embraces good governance and employs total free movement of persons in the bloc.
The President remarked that ECOWAS region had realised a number of successes including the introduction of a regional e-passport, the first in the Continent and for its timely dispatch of a regional peace-keeping force to States that were facing conflicts. She however maintained the need to prioritise infrastructural projects and completion of outstanding protocols and signing of agreements such as the Economic Partnership Agreements (EPAs).
The Speaker of the ECOWAS Parliament, H.E. Mustaffa Cisse LO, stated at the very least, the ECOWAS Parliament would continue in its quest to find solutions for the ever-increasing regional challenges in migration and maritime security. He said ECOWAS’ mandate included holding consultations in key sector areas such as trade and investment to improve the standards of living and filtering of such resolutions to the ECOWAS Commission for implementation.
The opening ceremony was also addressed by the Speaker of the Pan-African Parliament, H.E. Roger Nkodo Dang, Speaker of the Parliament of Sierra Leone, Rt Hon Sheku Badara Bashiru Dambuya, President of the ECOWAS Commission and the President of the ECOWAS Court of Justice, Hon Justice Jérôme Traoré.
Over the next two weeks, the ECOWAS Parliament is expected to deliberate on a number of key matters including presentations of the draft report on the preparation of the preliminary draft of the 2017 budget of Parliament, consideration and adoption of reports of the Standing, Ad hoc and Joint Committees in Plenary. The Plenary shall also receive and consider the Country reports of its 15 Member States.
EALA has been collaborating with the regional Parliaments in sharing of information and in exchange of best practices. During the recent 8th Meeting of Annual Speakers, held under the aegis of the Pan-African Parliament in Midrand, South Africa, EALA Speaker was elected to chair the Caucus of Regional Speakers/leaders in Africa.
At the moment, other than the Parliament of the European Union, the EALA is the only other regional Parliament with legislative powers. EALA passes Bills on matters within the purview of the Community and such take precedence on the laws of the national Partner States on similar matters.
The First Instance Division heard a matter filed on 20th November 2015 by Mr. Manariyo Desire (Burundi citizen) versus the Attorney General of the Republic of Burundi. The Applicant’s complaint is that the Government of Burundi has failed to abide by its commitment to the fundamental operational principles it has committed to under the Treaty, specifically the principles of the rule of law, good governance and the recognition and protection of the human rights of the Applicant, especially his right to property and to peaceful enjoyment of property that he lawfully owns.
The Applicant alleges that sometime back in 1977, he had bought three pieces of land from Mr. Nzopfabarushe Simon, Mr. Habinimana Andre and Ms. Nizonzima Scholastique. In 1999 the Applicant and the above-mentioned three sellers, had their sale transactions authenticated before the Tribunal of Residence of Musaga, in Bujumbura and they procured from that Tribunal an authenticated contract, through an attested Affidavit. In 2010, Mr. Nzopfabarushe filed a suit in the Tribunal of High Instance of Bujumbura, against the Applicant, laying claim on the land that he had sold to the Applicant, and which was subject to the authenticated affidavit at the time of sale of the piece of land.
In 2012 the Tribunal delivered its judgment of the matter in favor of Mr. Nzopfabarushe and the Applicant was not satisfied with the decision and thus appealed to the Court of Appeal of Bujumbura, praying that it reverses the judgment of the Tribunal of High Instance and to recognize his legitimate property rights on the said land, based on the evidence he had produced, especially the authenticates Bill of Sale, that is the attested Affidavit. In October 2013, the Court of Appeal delivered its judgment and upheld the judgment of the Tribunal of High Instance.
The applicant went further and filed a petition before the Cessation Chamber of the Supreme Court, invoking many grounds for violations of Burundian Law, in particular the refusal by the Court of Appeal to recognize the legal and probative value of the attested affidavit. However, the Cessation Chamber of the Supreme Court dismissed the Applicant’s petition.
Mr. Donald Deya, representing the Applicant in Court, submitted that the failure or refusal by the Respondent through the judgement of the Supreme Court of Burundi on 24th June 2015 to recognize the legal and property value of the attested affidavit No 356/99 of 27th July 1999 was in violation of the commitment of the Respondent among others Articles 6 (d), 7 (2) of the Treaty and 15 (1) of the Common Market Protocol as well as Article 14 of the African Charter on Human and Peoples’ Rights.
He further added that the case was filed on time, so it is not time barred and that the Court has jurisdiction to determine the matter because it has authoritatively established such jurisdiction in superior jurisprudence both the First Instance and Appellate Divisions. That the failure to recogonise the legal and property value of the attested affidavit is unlawful and violated the Applicant’s rights under National law, EAC Law and African Union Law.
Mr. Deya also stated that the trial in the Tribunal of High Instance of Bujumbura was not fair and that it had several irregularities. That the Applicant was never called for the hearing and only received the judgement and learnt that witnesses gave evidence while he never got the chance to cross examine them. He said that the High Instance could not have pronounced itself to the attested affidavit. The Applicant’s advocate finally asked the Court to declare that the Respondents actions and omissions are unlawful and they are an infringement of the Treaty provisions mentioned above. Also the Court to declare that the Applicant’s property rights have been violated by the Government of Burundi and as well as the order for reinstitution, an order directing the Respondent to restore the property rights of the Applicants and allow the Applicant to take his three sell agreements to consolidate them and get one title. Also the Court to order the Respondent to issue a report within 60 days on the residue mechanism it will have provided. The court also asked for costs to be met by the Respondents of this Reference and other orders as it may deem to be just in the matter. He added that the Applicant’s right to peacefully enjoy his property was violated and he is entitled to the remedies sought.
In response Mr. Elisha Mwansasu, the Senior State Attorney representing the Attorney General of Burundi, submitted that the matter is time barred because it was not filed within two months time limit as it is provided in Article 30(2) of the Treaty which states that: “The proceedings provided for in this Article shall be instituted within two months of the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be;”. He added that the matter was filed on 20th November 2015 more that 2 months after the decision of the legality of the Attested Affidavit of 1999 being complained of.
The respondent also urged that the Court has no jurisdiction to hear the matter as it does not have appellate jurisdictions over decisions of the Supreme Court of the Partner States as provided under Articles 27(2) and 30(3) of the Treaty. He asked the Court to dismiss the matter with costs.
Court will deliver its judgement on notice.
The First Instance Division bench was composed of Honorable Judges Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), and Justice Audace Ngiye.
