EALA has moved a Resolution congratulating President of the United Republic of Tanzania, H.E. Dr John Pombe Joseph Magufuli following his election as the fifth President of the United Republic of Tanzania. EALA further commends the people of the United Republic of Tanzania on their commitment to peace and democracy during the General elections.
At the same time, EALA wants H.E. Dr John Pombe Joseph Magufuli to address the Assembly at the earliest opportunity.
“Aware of the credible elections held in Tanzania, we would like to seize this great opportunity to extend to His Excellency, President John Pombe Joseph Magufuli our warmest congratulations and to wish him every success at a time of great expectations in Tanzania, the East African Community and Africa in general in terms of national unity, prosperity of the people in maintaining the position as a strong champion for regional integration and democracy in Africa. We would also like to extend our sincere congratulations to the CCM party for the renewed confidence and trust by the people of the United Republic of Tanzania to spearhead their aspirations for a great future. We commend the opposition fraternity for a well fought battle, for behaving responsibly after the defeat, keeping in mind the peace and security which are the common interest are above any other individual interest”, a section of the Resolution says.
The Resolution moved by Hon. Jeremie Ngendakumana recognises and takes pride in the success of the United Republic of Tanzania which it avers has made history in what could be the most competitive Presidential elections ever since multiparty politics commenced.
The Assembly further appreciates the brilliance and tone of campaigns demonstrated which exemplifies maturity and vitality of democracy in Tanzania.
The general elections of 25th October 2015 in Tanzania were the fifth since the re-introduction of the multiparty democracy in 1992 and therefore, constituted another important step towards the consolidation of democracy. Since the first multiparty elections in 1995, the United Republic of Tanzania has enjoyed peaceful transfer of political power in conformity with the constitutionally established Presidential limits.
Hon. Mumbi Ngaru noted that the election of Dr Magufuli as President and that of H.E. Dr Samia Suluhu, as the first woman Vice President, was good show for the women of East Africa. She remarked that Tanzania had realised significant maturity in the politics.
Hon. Taslima Twaha remarked that whilst the elections had produced the President of United Republic of Tanzania, the Zanzibar Elections Commission had declared the elections in Zanzibar a nullity.
“The international community has called on President Magufuli to endeavour to expeditiously end the stalemate. I propose that we add this matter on the Resolution”, Hon. Twaha said. Hon. Maryam Ussi said the issue of Zanzibar was work in progress.
Hon. Peter Mathuki said President Magufuli had taken on to fighting corruption wholeheartedly and this in the long run would prove to be useful to the country.
Hon. Dora Byamukama said H.E. Dr Magufuli had good credentials. “We should adopt the slogan of Hapa Kazi Tu (loosely translated to Time to work is now) across the entire region”, she said.
Hon. AbuBakr Ogle said the region needed the energy and stamina as exhibited by H.E. Dr Magufuli. This should be sustained. He said the process in Zanzibar was objective and that challenges were realised when the counting process began.
Hon. Adam Kimbisa said the President had carried out civil campaigns devoid of ethnic or divisionary tactics while Hon. Sara Bonaya said there were vital lessons that the rest of the region could pick up on.
Hon. Martin Ngoga remarked that the historic ideology of deploying graduates and students in other regions of work and schooling was necessary towards consolidating the prevailing peace.“We must congratulate the founding father of the nation and the subsequent leaders”, he said.
The Minister for EAC, Republic of Uganda, Hon. Shem Bageine remarked that the President was keen in ensuring infrastructure is maintained up to the best standards.
The Council of Ministers also looks forward to his contribution when it comes to assent to Bills and the uptake of the Political Federation as well.
Yesterday, however, Hon. Dr Kessy Nderakindo said the elections in Zanzibar were yet to be completed. She said United Republic of Tanzania was lucky to have tolerance.
Hon. Shyrose Bhanji said the Head of State had in his acceptance speech to Parliament prioritised road and rail network, revive industries and enhancement of the Dar es Salaam port. All this are measures that will enhance the integration of East Africa.
The Federal Republic of Germany has hailed the commitment of the five East African Community (EAC) Partner States to the EAC integration process.
The Deputy Director General for Sub-Saharan Africa at the German Foreign Office, Mr George Schmidt, at the same time said that Germany would continue to promote trade and development co-operation with the EAC.
Mr Schmidt disclosed that Germany’s support for regional integration was based on her post-World War II reconstruction efforts especially the benefits occasioned by closer co-operation with Europe.
“For us, regional integration was not a loss of sovereignty but the regaining of sovereignty. That is why Germans have an ease when dealing with regional integration”, said Mr Schmidt, adding for the African continent, regional integration was a good way of mitigating the artificial boundaries drawn by the European colonial powers.
Mr Schmidt observed that the EAC Partner States had a long history of integration noting that it was encouraging that the Community was actively engaging the private sector, civil society and ordinary East Africans in the integration process.
Mr Schmidt was addressing the annual meeting of political advisers for Economic Co-operation and Development at the East African Legislative Assembly plenary hall in Arusha, Tanzania. The focus of this year’s meeting was on the aspect of regional economic and political integration, especially the role of Regional Economic Communities in Africa.
Mr Schmidt led a 60-person delegation who engaged staff of the EAC on pertinent issues on regional integration in East Africa and by extension the African continent.
The Director of Infrastructure at the EAC Secretariat, Mr Philip Wambugu, who represented the Secretary General praised Germany for its assistance to the EAC dating back many years.
“The German Federal Government was the first development partner in 1997 to commit technical and financial assistance to the re-established Community and renewed integration efforts. Since then, the partnership has been growing and deepening and to date, German support in the EAC at the regional level exceeds 200 million euros in support of our integration efforts and programmes”, Mr Wambugu said.
Mr Wambugu said that the East African Monetary Union Protocol was currently under implementation with the development of supportive legislation to anchor its institutions and processes.
“We look up to German support in the implementation of the protocol given the centrality of Germany in the Euro economic zone and currency stability”, he said.
He described as extremely high the potential for economic transformation in the EAC through trade and industrialisation.
“In order to realise this potential, our Heads of State have all committed to prioritise the development of efficient and well interconnected infrastructure systems in the Community to underpin trade and industrial expansion in the region. Further, they have directed that laws and policies supportive of the foregoing developments be enacted at an expedited pace.”
Mr Wambugu said the proposed laws include business registration; regional licensing; anti-counterfeit laws; anti-corruption laws; harmonisation of internal taxes; and, business-friendly commercial laws such as in arbitration and adjudication of commercial disputes, among others.
He thanked Germany for providing substantial support for the EAC’s peace and security programmes which are aimed at establishing a firm foundation for the East African Political Federation, the ultimate stage in the integration process.
“The support on Small Arms and Light Weapons enhanced our capacities for proper management and disposal of small arms and light weapons in the region. We received arms marking equipment, collected and destroyed hundreds of tonnes of ammunition and explosive materials, carried out sensitisation seminars and workshops, and developed regional policies and strategies in this area. The region is safer thanks to the support from Germany”, he said.
The 16th edition of the annual EAC Jua Kali/Nguvu Kazi Exhibition was officially opened on Wednesday, 2nd December by the Regional Commissioner for Dar es Salaam, Mr Said Meck Sadiki, on behalf of H.E. President John Pombe Magufuli, at the Mnazi Mmoja Grounds in Dar es Salaam, Tanzania.
In his speech, President Magufuli commended the Partner States, the EAC Secretariat, the East Africa Confederation of Informal Sector Organisations (EA-CISO) and Partners for the well-organised exhibition and for promoting small and medium enterprises (SMEs) in the region.
President Magufuli urged Partner States to invest in human capital and called upon the artisans and the exhibitors to be more competitive, creative, and innovative so as to take advantage of the conducive environment prevailing in the region.
At the same occasion, Tanzania’s Permanent Secretary in the Ministry of East African Cooperation, Ms Joyce Mapunjo welcomed the exhibitors to Tanzania and noted that the annual exhibition was giving the sector the required recognition and the artisans were not afraid of the integration process.
She said the regional integration is meant for the ordinary people and they should be able to feel and enjoy its benefits and the Jua Kali/Nguvu Kazi exhibitions provide the perfect forum for integrating the ordinary citizens of the Community.
The Director-General of the EAC Customs and Trade Directorate, Mr Peter Kiguta informed the guests and exhibitors that the theme of the exhibition; Buy Micro and Small Enterprises (MSEs) Products, Build East Africa, portrays the role the sector is expected to play in the regional integration as well as economic development process.
The Director-General congratulated the people of the United Republic of Tanzania for peacefully holding general elections and smooth handover of power. “Tanzania continues to be a beacon of political stability in East Africa and Africa in general and I appeal to other countries in Africa to emulate the example set out by the United Republic of Tanzania”, asserted the EAC official.
The EAC official reiterated that EAC continues to make substantial inroads in the regional integration process with the implementation of the Single Customs Territory, which has recorded reduction in the times taken to clear goods at the ports of entry as well as movement of cargo within the region.
The Director-General disclosed that the region is registering increased intra-regional trade, which has grown in more than four folds from US$ 1.6bn in 2004 to more than US$ 6bn in 2014. Tanzania’s export to the other EAC Partner States had also continued to rise.
The Chairman of the EA-CISO, Mr Josephat Rweyemamu informed the guests that the regional forum facilitates showcasing products by exposing the exhibitors to emerging technologies while at the same offering them an expanded market for their products.
He said this in turn leads to strengthening of the spirit of East African Community through increased employment opportunities and wealth creation hence contributing to poverty reduction.
At the exhibition, Kenya’s High Commissioner to Tanzania, Hon. Amb. Chirau Ali Mwakwere was delighted that the quality of products had improved tremendously and can compete effectively with similar products from any part of the world.
Uganda’s High Commissioner to Tanzania, Hon. Dorothy Samali Hyuha asserted that the Medium and Small Enterprise sector plays a major role in Uganda’s economy in employment creation in both rural and urban areas.
The 16th edition of the East African Community Jua Kali/Nguvu Kazi Exhibition is taking place from 30th November to 6th December 2015, at the Mnazi Mmoja Grounds in Dar es Salaam, Tanzania. Over 1,000 exhibitors are participating in the 7-day event.
In order to support promotion of the Jua Kali/Nguvu Kazi sector of the regional economy, the EAC Secretariat in collaboration with the Partner States and EA-CISO has organised the annual exhibitions since 1999. The exhibitions have proved to be strategic avenues for promoting the sector’s products, transfer of technologies, and promotion of the regional integration process.
The Assembly has granted leave to two Members to introduce Private Members’ Bills pursuant to article 59(1) of the Treaty and Rule 64 of the Rules of Procedure.
Hon. Margaret Nantongo Zziwa will move the EAC Whistleblowers Protection Bill, 2015 while Hon. Frederic Ngenzebuhoro has been granted permission to introduce the EAC Retirement Benefits for Specified Heads of Organs Bill, 2015.
The object of the Whistleblowers Protection Bill, 2015 is to create an enabling environment for both the Partner States’ citizens and non-citizens to disclose freely, information on corrupt or improper conduct both in the public and private sectors in the Community.
The Bill is premised on Article 6 of the Treaty in which Partner States undertook to promote the principles of good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice and equal opportunities among others.
It hopes to provide for the protection from victimisation of whistleblowers as well as procedures for making disclosures.
In her justification, Hon. Zziwa decried the increasing reports of graft, corruption and public plunder of resources across board in the EAC region. The recent Papal visit according to Hon. Zziwa was in addition to seeking forgiveness, also an opportune moment to reflect on a number of issues.
“You will recall the Papal decried tribalism, sectarianism which has caused pain in Africa and called for forgiveness and love. He further urged leaders to desist from corruption likening it to the licking of sugar”, the legislator said.
“Corruption and graft has eaten on to the very fabric of our society and we must find ways out of the vice”, Hon. Zziwa said, adding that a number of stakeholders including Auditor Generals had shown support for the envisaged Bill.
The Bill will enhance accountability, social justice and ultimately, the rule of law.
Hon. Susan Nakawuki said it was time to put up a spirited fight to tame corruption. “To some extent even we as legislators sometimes receive anonymous letters from people who have information on matters under investigation. Such people are whistleblowers in their own rights and need to be protected. What is needed is a framework to protect them”, she said.
Hon. Martin Ngoga said though the envisaged Bill is self-sustaining, it was part and parcel of other bigger pieces of legislation that should be introduced in future to comprehensively tackle corruption.
A second Bill that shall be introduced to the House by Hon. Frederic Ngenzebuhoro is entitled The East African Community Retirement Benefits for Specified Heads of Organs Bill, 2015.
The Bill seeks to make provision for retirement benefits for specified leaders who have honourably served and completed their terms on the service of the Community.
It specifically provides retirement benefits for the former President of the East African Court of Justice, the former Speaker of the East African Legislative Assembly and the former Secretary General of the East African Community.
The mover said that the Heads of Organs of the Community are an embodiment of the Integration process.
“EAC should take care of their former leaders, since even in retirement, they are an embodiment of the EAC and a resource,” Hon. Ngenzebuhoro said.
The Bill is seconded by Hon. Dora Byamukama who says the practice of giving retirement benefits is not new to the Community.
“We are adopting best practices from some of the Partner States such as Uganda,” Hon. Byamukama said.
“It is from this House that we are also getting eminent persons who continue to be champions of integration and make a pool of resource for the Community”, she added.
EALA has today debated and adopted the Report of the Committee on the Audited Accounts of the EAC for the Year ended 30th June 2014.
During debate, Members called for improvement on the financial performance of the Community, review of procurement procedures and adherence to the set regulations. They further want the absorption of funds by the Community enhanced and reimbursement of all unclaimed Value Added Tax followed.
The report presented to the House by the Chair of the Accounts Committee, Hon. Jeremie Ngendakumana, covers the Committees findings arising from the report of the Audit Commission and is divided into seven main parts. It includes the audit findings on the financial statements of the EAC Secretariat and its Organs and Institutions. They include the Lake Victoria Basin Commission, the Lake Victoria Fisheries Organisation and the Inter-University Council for East Africa. The Audited Financial Statements of the Civil Aviation Safety and Security Oversight Agency are also presented.
The recommendations state that all planned activities should ideally be carried out within the agreed timeframe and to avoid further delays in the implementation of planned activities. The Report further wants follow-up on disbursement of donor funds and calls on the EAC to comply with all requirements concerning funds in time and at all times.
On planning, the Committee is of the view that EAC experienced a slow start in implementing the planned activities during the year especially in the first quarter due to limited financial resources as the percentages of remittances by Partner States were low. As a result, a number of activities were not implemented in good time.
On Information, Communication and Technology (ICT) matters, the Committee urges the Council of Ministers to ensure the ICT Strategy is implemented at the EAC. It further wants the Assembly to direct the Council to hire additional staff in the ICT Sector to ensure financial information security of the Assembly. It also wants due diligence to be undertaken and that EAC adheres to all laid procurement Procedures.
In his contribution, Hon. Yves Nsabimana called for recruitment of staff to enable effective implementation of tasks. He further called for the implementation of the decisions and directives of the Council of Ministers. Hon. Nsabimana also cited the operationalisation of the Protocols as an area that can be better co-ordinated and said it was time for the EAC to inculcate a system that effectively ensures Protocols are enforced.
Hon. Pierre Celestin Rwigema said the Community generally was stable but added that deficiencies could be enhanced by better management of the institutions.
Hon. Abubakar Zein said all Organs and Institutions should have mechanisms for compliance to decisions once arrived at.
Others who supported the report were Hon. Isabelle Ndahayo, who said the EAC needs to bolster its Monitoring and Evaluation component. Hon. Adam Kimbisa, Hon. Martin Ngoga, Hon. Valerie Nyirahabineza and Hon. Emmanuel Nengo. Hon. Straton Ndikuryayo, Hon. Mariam Ussi and Hon. Susan Nakawuki also gave a nod to the Report.
Hon. Shyrose Bhanji said the report had revealed understaffing as a chronic problem. She cited lack of project reporting as inadequate. “We also need to abide by the Financial Rules and Regulations”, Hon. Bhanji said.
On the pending assent of 22 Bills, Hon. Bhanji said the Assembly had employed efforts in passage of the Bills. “The Council needs to tell us what the problem is”, she said.
Also, supporting the Report was Hon. Peter Mathuki who said social security of staff was necessary as a statutory deduction. He remarked that issue of staff privileges need to be harmonised in all institutions across the Partner States.
In his response, the Chair of the Council of Ministers, Hon. Shem Bageine reiterated the Institutional Review would be deliberated on and final submissions presented to the Summit when it sits possibly early next year.
“I assure the House, the next Council and subsequent Summit shall take a decision on the matter”, he said.
“It is an important review which will include elevating the status of the Secretariat and political presence in Arusha to finalise matters”, he added.
The Committee further wants the Council of Ministers to address issues of tax exemption within all Partner States. This is in line with Article 4 Section 1, Sub-section (d) of the EAC Headquarters Agreement with the United Republic of Tanzania which provides for exemption of all taxes.
Under the projects and programmes, the Committee urges the Council to implement the project activities in order to achieve the set goals within the planned period of the project. The projects should also achieve the goals within the planned period of the project.
All unrecovered imprests should also be recovered from the institutions of the Community while it also suggests that the Secretary General be given powers to sanction all staff who contravene staff rules.
The House also received the Annual Report of activities for the period 2013/2014 that was tabled by the Minister for EAC Affairs, Hon. Valentine Rugwabiza.
As the 14th Council for East and Central Africa Football Associations Tournament begins to wind down in Addis Ababa, Ethiopia, Parliaments in the region are to put aside their debating skills on the floor of the respective Houses, swapping such with sporting skills as the 6th Inter-Parliamentary Games kick off in Kigali, Rwanda.
The Games which take place on 4-11th December 2015 shall feature football, netball, athletics and tug-of-war. Volleyball and golf have also been introduced. Immediately after the official opening, athletics and tug of war shall be held.
The Parliaments have been going through rigorous practice of the same according to spot-check done by the EALA Public Relations Office. A number of delegations are expected to arrive today in readiness for the tournament. Amahoro Stadium shall be used for athletics, tug of war, volleyball and netball while Kigali Regional Stadium in Nyamirambo will host soccer.
In soccer, four time champions, Uganda, will be hoping to keep the tempo and are expected to face stiff competition from the rest of the teams. Uganda takes on EALA in the first match on 5th December 2015 in Group A before Parliament of Kenya face off with the Parliament of Rwanda in Group B Match at the Nyamirambo Stadium.
It will be interesting to gauge the strength of the Parliament of Tanzania which has new legislators following the completion of the elections in October 2015.
In Netball, Parliament of Uganda, EALA and Parliament of Tanzania will again be gunning for the honours. In the first game, EALA will take on Parliament of Uganda on Saturday morning before Parliament of Kenya and Parliament of Rwanda take the field.
Last year, the netball game was called off following multiple petitions lodged by the teams against tight deadline as the competition drew to the end.
Athletics is also expected to attract attention with the following track and field events for both men and women; 100 metres, 400 metres, 1500 metres, and 200 metres. Other events include the 800 metres and the relays. Volleyball and golf disciplines are the new additions to the Inter-Parliamentary games this year.
EALA mooted the idea of the Inter-Parliamentary Games tournament in the Year 2009. The games were institutionalised as an annual activity of the EALA and the National Assemblies. At the same time, the games were initiated to enhance interaction with the citizenry of the Partner States and as a mode of sensitisation and popularisation of the Regional Integration process.
Under the arrangement, EALA coordinates the tournament while the hosting National Assembly / Parliament organises and offers other logistical support to ensure a successful tournament.
The EAC Inter-Parliamentary Games tournament is a key aspect of building relations between the East African Legislative Assembly (EALA) and the National Assemblies in the EAC region in line with Article 49(2)(a) of the Treaty for the establishment of the East African Community.
Out of the need to ensure the smooth organisation of the games, a Joint Committee made up of EALA Members and Members from the National Assemblies was constituted.The Joint Committee met prior to the games to agree on the fundamental principles including the review of the Rules and Regulations guiding the tournaments.
The Inter-Parliamentary Games shall be preceded by a Pre-Tournament Conference where Members and staff are expected to bond in a relaxed atmosphere therefore, building harmony prior to the commencement of the Inter-Parliamentary Games.
EALA marked EAC Day (30th November 2015) by visiting and holding talks with different Private Sector stakeholders in Kigali.
The first activity saw the legislators visit Positivo BGH, an electronics manufacturing company which uses Information Communications Technology to transform education. The Latin-American company which has set up base in Kigali, Rwanda, envisages regional expansion in the near future.
According to the Managing Director, Positivo BGH wants to make technology accessible to transform people’s lives from education, knowledge, development and communication up to comfort at home. The Kigali based plant which is situated in the Special Economic Zone was set up in June 2014 but commenced manufacturing a year later with a roll-out of 150,000 units.
The firm is set to broaden its base through diversified product portfolio and contract manufacturing. It intends to serve the local Rwandan market and in due course expand to other African countries.
The Assembly later visited the Strawtech Building Solutions that produces robust strawboard panels from wheat straw, as primary building materials from for mass housing and commercial construction projects.
The company has created a local value chain from raw material supply to turnkey housing units leading to a number of economic benefits including income generation and a positive impact of trade, a move EALA Speaker, Rt Hon. Daniel Kidega and the Members lauded.
Job creation has also been enhanced with over 5,000 farmers supplying straw and other workers providing transport in addition to the specialised architects, engineers and specialised construction jobs.
Chief Operating Officer Til Loeper said the company had identified Rwanda as the ideal entry point into the African market due to sound leadership and effective economic reforms that have resulted in positive investment environment.
“Rwanda is keen on implementing the Green growth and Climate Resilience Strategy as well as Government’s commitment to meeting future housing and construction demands”, Loeper said.
The company has constructed 2000 pre-fabricated, modular housing units per annum.
EALA over the weekend participated in Umuganda (Community social work) in Kizinguro, Gatsibo District in Rwanda using the occasion to join citizens in tree planting.
The occasion saw the legislators engage also in sensitisation as part of the outreach activities in the area. It coincided with the National Tree Planting Initiative launched countrywide.
Speaker Daniel Fred Kidega hailed the citizens of Rwanda for their participation in development of the country. He said the country had continued to progress and praised President Paul Kagame for his leadership. The Speaker urged the citizens to take advantage of the integration process and draw from its tangible benefits.
“Do not look at Gatsibo as the only market for the honey you produce. What is produced here should and can be sold in the five Partner States”, the Speaker said.
The Speaker called on the globe as it convenes the COP 21 in Paris, France to give the continent a fair deal.
“On Monday, governments are meeting in Paris to discuss a possible global agreement on climate change aimed at keeping global warming under 2 degrees Celsius. As EALA Members, we are calling upon our technical negotiators to push for a fair deal”, he said.
“Africa is not a major pollutant like developed countries that emit a lot of gases. Yet Africa is most vulnerable to climate change effects. The main polluters should pay more and be the main players in reducing global warming”, the Speaker added.
The tree-planting initiative in Gatsibo shall enable the citizens to plant 25,000 trees in the area. Minister for Natural Resources, Dr Vincent Biruta hailed the Armed Forces for playing a key role in sustainability and maintained that food security and conservation of non-timber projects was vital.
The occasion took place hot on the heels of the passage of the EAC Forests Management and Protection Bill 2015 by EALA.
The EAC Forestry and Management Protection Bill, 2015 hopes to promote the development, protection, conservation, sustainable management and use of the forests in the Community especially trans-boundary forests ecosystems, in the interest of present and future generations.
It further wants to espouse the scientific, cultural and socio-economic values of forests and harmonise national forest laws.
The Bill seeks to operationalise Article 112(1)(d) of the Treaty for the Establishment of the EAC in which Partner States undertook to co-operate in the management of the environment and agreed to take necessary disaster preparedness, management, protection and mitigation measures especially for the control of natural and man-made disasters.
The Governor of the Eastern Province, Odette Uwamariya, remarked that 15,000 hectares of land had been set aside for re-afforestation and said the Community would constantly be sensitised on importance of forestry and good governance among other thematic areas.
In attendance were senior government officials, EALA Members and the diplomatic representatives from Netherlands, Belgium and Israel. Representatives of the Rwanda Natural Resources Authority and the Rwanda Agricultural Board also attended.
In March 2011, EALA participated in the Anti-Nyakatsi drive (grass thatched houses) in Kanyinya sector, Nyarugenege district on the outskirts of Kigali and helped to construct houses during an Umuganda occasion led by President Paul Kagame.
One month later, EALA returned to the area to distribute 300 sheets of iron to underscore its desire to see shelter provided as a basic right for all.
EALA has passed the EAC Forests Management and Protection Bill 2015 in effect putting in place a regional framework to conserve the environment.
The Bill, whose mover is Hon. Christophe Bazivamo, sailed through at its 3rd Reading after the Committee stage scrutinised its various clauses, proposing amendments. The Report of the Agriculture, Tourism and Natural Resources was presented by Hon. Judith Pareno on behalf of the Chair.
The EAC Forestry and Management Protection Bill, 2015 hopes to promote the development, protection, conservation, sustainable management and use of the forests in the Community, especially trans-boundary forests ecosystems, in the interest of present and future generations. It further wants to espouse the scientific, cultural and socio-economic values of forests and harmonise national forest laws.
Once amends are integrated, the Bill is expected to undergo assent by the Heads of State in line with Article 63 of the Treaty for the Establishment of EAC. The Bill seeks to operationalise Article 112(1) d) of the Treaty for the Establishment of the EAC in which Partner States undertook to co-operate in the management of the environment and agreed to take necessary disaster preparedness, management, protection and mitigation measures especially for the control of natural and man-made disasters.
The Bill delineates the roles and responsibilities of Partner States and seeks to promote uniformity and integration in the area of Disaster Risk Reduction (DRR) and management. Finally, the Bill seeks to create a regional mechanism which would enable a timely intervention in disaster situations.
The Assembly had at its last sitting in Nairobi in October 2015 adjourned debate on the Bill. The adjournment at Committee stage followed the successful Motion for the same, tabled by the Chair of EAC Council of Ministers, Hon. Dr Harrison Mwakyembe, seeking for more time to enable the United Republic of Tanzania to make input.
Hon. Dr Mwakyembe then informed the House that the United Republic of Tanzania was expected to go to the polls in October and that it was necessary for the debate to be put on hold until such time that a new Government is in place to effectively enable the Partner State to make its input.
The Bill has five parts with the Preliminaries and objectives contained in Part 1. Part two covers general measures on forest management and protection while Governance and institutions of forest management and control are entailed in part 3 of the Bill. Part 4 amplifies trade in forest related products while section 5 envisages co-ordination matters under a Board known as the EAC Forests Board to be operationalised by the Council of Ministers.
The First Instance Division on 11th November 2015 declined to grant interim orders in an Application filed by Alice Nijimbire from the Republic of Burundi in her case against the Secretariat for rejecting her request for dispensation to do interviews for the said position from EAC Headquarters in Arusha.
The Applicant on 28th October filed an Application seeking Court to grant the interim orders to stop the process of the recruitment of the Registrar pending hearing of the main case before Court. The Court disallowed the Application and reserved the reasons to be delivered on notice and these are the reasons:
The court said that it recognises the principles that governing the grant of interim orders. That the Applicant must demonstrate a prima facie case probability of success, but the interim orders sought would not normally be granted unless such Applicant might suffer irreparable injury that could not adequately be compensated by an award of damages.
Furthermore, the Court found out that the Application did not establish a prima facie case and the Applicant has not sufficiently demonstrated the irreparable injuries that she is to suffer yet she seeks nullification of the decision of the Respondent / Secretariat on 28th September 2015 (The suspension of the recruitment process and re launch of the interview process under a different panel of interviews.
In addition, the Court was unable to determine the Applicant’s prospects of success in the interview from the proceedings presented, that this would have provided a guide as to the magnitude of her injury should the recruitment process not be halted.
The Court also found that the circumstances of the case are such that halting the recruitment process in the absence of satisfactory proof of injury to be suffered by the Applicant would occasion greater injury to the Respondent (EAC Secretariat) that has discharged its duty as far as the recruitment process is concerned. Court also found out that no documentary proof in support of her claims was submitted.
Again, the Court said that the recruitment process seem to be in advanced stage and only awaits the appointment of the successful candidate by the appointing authority, the Council of Ministers.
The Court further stated that the recruitment process involves the engagement of consultant (Deloitte and Touché) as well as other costs and logistics attendant to an interview of the candidates in their home country by a teleconference. In that regard the Respondent followed the directive by the Council of Ministers that the recruitment process of the Registrar must be concluded by 31st October 2015. For the above findings and reasons, the Court disallowed the Application without costs. The main case was scheduled for January next year.
The subject of this matter is that the Applicant Alice Nijimbire has sued the EAC Secretariat against its decision in her request for dispensation to do interviews for the position of the Registrar of the EACJ at EAC Headquarters not in Burundi as she was called for interviews in Burundi but because she resides in Arusha and that her child was very sick she requested to do interviews in Arusha, however the Secretariat rejected her request. The applicant alleges that it is breach of the Treaty Articles 6(d), (e) and (f) for the Establishment of the Treaty.
2nd Matter on the same related issue: Reasons of the Ruling
The First Instance Division also gave reasons for the ruling on 30th October 2015 disallowing the Application filed by Mr Rwenga Etienne and Mr Moses Marumbo citizens from the Republic of Rwanda and United Republic of Tanzania respectively versus the Secretary General of the East African Community.
The Applicants are challenging the act of the Secretary General to recruit the Registrar of the East African Court of Justice on the basis of requirements other than the ones set out by Article 45(1) of the Treaty is an infringement of the Treaty. Article 45(1) provides that “The Council shall appoint a Registrar of the Court from among citizens of the Partner States qualified to hold such high judicial office in their respective Partner States”.
The Applicants are therefore seeking the interim orders restraining the Secretary General or any other person drawing orders from him from continuing with the process of the recruitment of the Registrar of the East African Court of Justice pending the hearing of the main case.
The Court in its ruling also said that the Applicant have not sufficiently demonstrated the irreparable injury they stood to suffer if this Application was disallowed in accordance with the principles that governing the grant of interim orders. The Court went ahead and declined to grant the interim orders as sought and the matter is also scheduled for January 2016.
The subject of the matter is that the Applicant challenges the process of recruitment of the Registrar of the Court (EACJ) on ground that it was not transparent nor fair because the Secretary General selectively applied the quota system and denied citizens of Rwanda and Tanzania the opportunity to competitively participate in the said process and that such an action undermines the spirit of integration enshrined in Article 6(d) of the Treaty.
Also, alleges that the Respondent declined to abide by the directive of the Council of Ministers which directed to recruit the Registrar in accordance with Article 45 of the Treaty as well as Staff Rules and Regulations. That instead he purported to amend the directive by demanding qualifications of the Office of the Registrar beyond what is set out in Article 45.
