Citizens of the region are set to benefit a great deal through facilities offered by the One-Stop Border Posts (OSBPs) in the EAC Partner States. Already where the facilities are running bilaterally, there is facilitation of free movement of persons and the enhancement of trade between the Partner States, an EALA report adopted by the House states.
In the regard, regional legislators are calling for the fast-tracking of all remaining works of the OSBPs to allow its implementation for further integration.
At the same time, it is key for the assent of the OSBP Bill, 2013, in the Partner States to be finalised to give it legal effect in the entire region. It has been stated that Partner States are implementing the OSBP Initiatives bilaterally as they await for completion of the Assent process. At the moment, the Bill which was introduced by the Council of Ministers is in Rwanda for the final assent signature. Already, the Republics of Burundi, Kenya, Tanzania and Uganda have assented to the Bill.
The recommendations are contained in a report of the Communication Trade and Investments (CTI) on the OSBPs in EAC Partner States debated and passed by the House. The report was presented to the House by Hon. Nancy Abisai on behalf of the Committees Chair, Hon. Mukasa Mbidde.
EALA Members undertook an On-Spot Assessment on the One-Stop Border Posts in EAC Partner States in the months of April and September 2015. Phase one of the assessment covered OSBPs of Mutukula (Uganda/Tanzania), Mirama Hill/Kagitumba (Uganda/Rwanda) and Rusumo (Rwanda/Tanzania) on 8th to 11th April 2015. The second phase covered Lungalunga/HoroHoro (Kenya/Tanzania), Taveta/Holili (Kenya/Tanzania) and Namanga (Tanzania/Kenya) from 30th September to 3rd October 2015.
The objectives of the One–Spot assessment was to find out the status of implementation of the OSBP initiative project and its effect on the movement of people and the EAC business environment. It also set to interact with stakeholders and identify opportunities and challenges affecting the implementation of effective OSBPs and to come up with relevant recommendations.
Stakeholders who participated in the On-Spot Assessments included Revenue Authorities, Immigration, Bureau of Standards, Police, Clearing and Forwarding Agents, and Traders. Others were Transporters, Local Authorities and Development Partners as well as officials from the EAC Secretariat.
One Stop Border Posts lessen days and facilitate inter-regional and international transport and road transit. According to analysts, when exiting one country and entering another, OSBPs combine two stops into one.
During the meetings, Members were informed that the construction of OSBPs were delayed at the Mutukula (Tanzania side) due to late handover of the site, power outages and floods among others. Mutukula on the Uganda side also had delays occasioned by re-designing challenges, delays in relocation of police posts occupying the area and delay in release of funds among others.
The OSBP on Mirama Hills, which was financed by TradeMark East Africa to the tune of USD 7.8 Million was however completed in time as was the facility at Kagitumba, Rwanda/Uganda border.
Construction at Rusumo border is expected to be concluded in time in December 2015. In Namanga, the Report indicates that construction on the Tanzania side has been completed even though not formally handed over due to a number of outstanding issues. On the Kenya side, a number of challenges continue to hamper the completion including erratic power supply, lack of drive through scanners for goods carrying vehicles and funding shortages.
Generally on all borders, there is limited knowledge on borders with regards to OSBPs, lack of operating manuals and inadequate water supply. In its findings, the report underscores training and sensitisation programs and the need for teamwork.
At debate, Hon. Shyrose Bhanji lamented that implementation of the decisions of the House were overlooked. “I had hoped to hear there is 100% implementation of the OSBPs. The reasons given for the delay are not good. Where is the problem, Hon Speaker”, she posed. “The process of getting the Bill has been costly. It is important that it is effected”, she said.
Hon. Straton Ndikuryayo said the Bill was key in ensuring trade facilitation. Hon. Bernard Mulengani said various basic amenities including school, water and housing were lacking and this may have impact on enhancing OSBPs. He further said Partner States were managing OSBPs on bilateral agreements and there was need to address the matter.
Hon. Hafsa Mossi rooted for awareness creation and requested Investment authorities should avail information on investment opportunities at the border. She further called for the harmonisation of the time zones between the Partner States. At the moment, Rwanda and Burundi are one hour in the time zone behind Kenya, Uganda and the United Republic of Tanzania.
The Secretary-General of the EAC, Amb. Dr Richard Sezibera mentioned that the EAC Summit of EAC Heads of State was keen to assent to the Bills more efficiently. “In the recent past, they have assented to Bills including the EAC HIV and AIDS Management Act, 2012, EAC Conflict Management Act, 2012, EAC Elections Act, 2012 and the EAC Community Emblems (Amendment) Act, 2008. Others are the Customs Management Amendment Act, 2012 and the EAC Supplementary Act, 2012”, he remarked.
The Secretary-General reiterated that the EAC OSBP Bill and the Vehicle Load Bill were currently in Rwanda on the last stop and that the process of assent was on.
Hon. Sara Bonaya noted that the issue of ownership of land was necessary as was the standard of optimal parcels of land for future expansion. Others who supported the report were Hon. Taslima Twaha, Hon. Dr James Ndahiro, Hon. Pierre Celestin Rwigema and Hon. Dr Kessy Nderakindo.
EALA Member, Rt Hon. AbuBakr Ogle, late yesterday moved a motion for a Resolution advising the Assembly to urge Partner States not to introduce attempts to manipulate institutions, threaten Members or undermine their status, terming such a move unlawful and an affront to the principles under the EAC Treaty.
The Resolution condemns in the strongest term possible all attempts to undermine the authority of the Assembly and claims to the privileges and status of its Members.
The Resolution was however not debated. In its place, the EALA Speaker, Rt Hon. Daniel Fred Kidega, made a ruling deferring the matter to the Committee on Legal Rules and Privileges for immediate digestion. He further tasked the Committee to refer back the matter to the House as soon as possible.
The Resolution follows a recent letter written to the EALA Speaker by his counterpart, the Speaker of the Burundi National Assembly, Rt Hon. Pascal Nyabenda, ceasing membership of four Members from Burundi to EALA. The four are Hon. Jeremie Ngendakumana, Hon. Frederic Ngenzebuhoro, Hon. Yves Nsabimana and Hon. Dr Martin Nduwimana. The letter written to Speaker Kidega earlier this month, avers that the conditions through which they (four Members) presented themselves for elections had now changed.
It says in part that the party on whose strength two Members were elected to EALA was no longer represented in the Burundi National Assembly. Two other Members had on their part ceased to be Members of their parties having duly resigned.
In his response to the said letter, the Speaker noted that the request was not tenable owing to the fact that it had contravened section 51 of the EAC Treaty among other provisions. Hitherto, the Counsel to the Community offered legal opinion on the matter after acquaintance with the Constitution of the Republic of Burundi and the Electoral laws in the country.
The Resolution which was seconded by Hon. Dr James Ndahiro noted that matters of privileges of Members touch on the integrity and independence of the Assembly and that any threats bring with it a potential to undermine the authority of the Assembly and compromises its functioning under the EAC Treaty.
Justifying the matter on the floor of the House, Hon. AbuBakr Ogle remarked that the letter written by the Burundi National Assembly was tantamount to a raid on the independence and privileges of the House. The Resolution further appeals to the Organs and Institutions of the Community to guarantee safety and security of all Members of EALA and staff as well as those of other Institutions of the Community.
The motion was moved under Rule 30 (j) of the Rules of Procedure which allows for a motion raising a question of privilege to be asked without notice.
At the commencement of the 3rd Meeting of the 4th Session of the 3rd Assembly early this week, EALA Speaker remarked that the Assembly was concerned about what is happening in Burundi.
“Many lives have been lost, others maimed, peace disrupted, property damaged and the economy destabilised following the rapid escalation of violence and the instability over the last few months. The situation is worrying and could be dire and grave”, Rt Hon. Kidega said.
He remarked that he had reached out to the President of the Senate to rally legislators to work towards finding permanent solutions to the crisis.
“As an Assembly, we have also debated on and passed the Report of the Goodwill Mission of EALA to the Burundi Refugees in Eastern Province of Rwanda and in Kigoma in the United Republic of Tanzania. Last week, the Assembly also received a petition from concerned East Africans keen to see the impasse resolved”, the Speaker remarked.
In celebration of East-Africaness, the East African Community (EAC) Deputy Secretary-General in charge of Finance and Administration, Mr Liberat Mfumukeko, on behalf of the Secretary-General, Amb. Dr Richard Sezibera, graced the official opening of the third Zinduka Festival held at Sheikh Amri Abeid Memorial Stadium in Arusha, Tanzania.
Meaning “re-awakening consciousness” in Kiswahili, Zinduka brings together participants from the fields of academia, social movements, civil society organisations, media, the business community, the EAC Secretariat and East African government bodies to engage in discussions regarding East African integration, to find collaborative measures to strengthen advocacy on EAC integration for sustainable development and to celebrate the region’s rich diversity.
Reiterating on the importance of integration, which is also the theme of this year’s Zinduka Festival, Mr Mfumukeko stressed on the need for more citizenry participation, adding that, “this is the only way that our collective dream can be realised. Popular ownership is the foundation for a secure and sustainable East African Community”.
The Zinduka Festival comes in time of EAC Day marked for November 30, 2015. With 15 years of integration already under her belt, the Community was in the forefront of the Customs Union in 2005, the Common Market in 2010, the signing of the Monetary Union Protocol in 2013, as well as continuous efforts in fast-tracking the process towards an East African Political Federation. In addition to this, in 2011, the EAC designed a Forum for the involvement of Civil Society and the Private Sector in the integration process.
“With women constituting over 60 percent of the EAC population, their role in boosting social and economic development of the Community and trade across the region cannot be overemphasised”, said Mr Mfumukeko. “Youth is another group that cannot be ignored. Many of our young people have brilliant and innovative ideas, and if we all should work together with them to create an environment where this potential can be fully tapped to drive growth and development”, he said.
The Zinduka Festival originated from the need for a people owned process envisaged in Article 127(3) and (4) of the EAC Treaty. Zinduka is a catalyst that compliments other ongoing as well as future efforts by state and non-state actors to build a sustainable EAC through active citizenry participation. The inaugural Festival was held between May 30 and June 1 2013 in Arusha.
The 16th edition of the East African Community Jua Kali/Nguvu Kazi Exhibition will take place from 30th November to 6th December 2015 at the Mnazi Mmoja Grounds in Dar es Salaam, Tanzania. The theme of the Exhibition is Buy Micro and Small Enterprises (MSEs) products, Build East Africa.
According to the EAC Principal Trade Officer (Internal) Mr Nduati wa Karanja, the theme portrays the role MSEs are expected to play in the growth and development of the region’s economies. Mr Karanja disclosed that so far 1,000 artisans had registered and confirmed their participation. The distribution of artisans who have so far confirmed participation according to the as follows: Burundi, 50; Kenya, 250; Rwanda, 100; Uganda, 80, and; the host, United Republic of Tanzania, 520.
The 16th EAC Jua Kali/Nguvu Exhibition will be officially opened on 2nd December 2015. To participate in the Exhibition, exhibitors from Tanzania, Burundi, Rwanda and Uganda are required to register with the respective ministries of Trade and Industry, while those in Kenya must register with the Small and Medium Enterprises Authority.
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 Confederation of Informal Sector Organisation East Africa (CISO-EA) 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.
Rwanda’s President Paul Kagame is calling on the region to concert its integration efforts and to address challenging issues notably insecurity, bad governance and corruption as it garners to realise the regional economic bloc’s Vision 2050.
The President’s remarks were delivered by the President of the Senate, Rt Hon. Bernard Makuza, at the commencement of the 3rd Meeting of the 4th Session of the 3rd Assembly at the Parliament of Rwanda, Kigali, Rwanda, this afternoon.
He reiterated that all East Africans must eradicate the “business as usual” mindset and strive towards progress of strengthening integration. “As legislators, we must ask questions and keep searching for solutions for and on behalf of our people. We must identify and address whatever may divert the progress of the Community, and ensure that there are no obstacles to our co-operation for integration. And to start with, procedures and processes governing Organs of the Community should not be themselves an obstacle to the growth of the Community”, Rt Hon. Makuza said.
Rt Hon. Makuza tasked the EAC to involve all the people in the integration process for the tangible benefits to be realised.
“It is indeed common sense that our people must be consulted and involved in each step of integration programs as much as possible. The fact of the matter is that, the cost of failing to involve people widely enough, ultimately is much higher than what is required to invest, for people’s participation in the decision-making processes”, Rt Hon. Makuza told the House.
He called on the EAC Partner States to speedily implement the Common Market Protocol saying the delay had caused citizens a number of opportunities.
Rt Hon. Makuza further hailed EALA for the attention it is paying to issues of natural resources, environment management, food security and rural development. He said that Rwanda had after the 1994 Genocide Against the Tutsi, learnt vital lessons that essentially enabled the country to transform itself.
The country, Rt Hon. Makuza, added, understood that unity, security and good governance were key for survival and sustainability as a nation and that Rwanda had remained committed to the EAC.
He said Parliament of Rwanda had listened carefully to the will of the people regarding the country’s Constitutional Amendment.
“As legislators, there is no other voice to hear, other than our people’s will, both in decision-making and in accountability. People’s aspirations are the only argument against intimidations and prejudices. National sovereignty belongs to our people. We cannot afford to apologise for the very things that work for our people, and which make us stronger. This is the real expression of democracy”, Rt Hon. Makuza said.
The President of the Rwanda Senate further urged the Assembly to articulate the Sustainable Development Goals (SDGs) adopted by the UN in September this year, while placing people and the environment at the centre of the priorities.
In his remarks, the Speaker of the EALA, Rt Hon. Daniel F. Kidega noted that East Africans were interested in seeing more tangible benefits of integration through the various integration pillars.
“With regards to the Customs Union, we are glad the Summit is pushing for the operationalisation of the Single Customs Territory to streamline and enhance clearance of goods. The improvement at the Dar es Salaam and Mombasa ports will make both the Central and Northern Corridors attractive in terms of facilitation of trade”, Rt Hon. Kidega said.
The Speaker said the Assembly, was concerned about what is taking place in the neighbouring Republic of Burundi.
“Many lives have been lost, others maimed, peace disrupted, property damaged and the economy destabilised following the rapid escalation of violence and the instability over the last few months. The situation is worrying and could be dire and grave”, Rt Hon. Kidega said.
“I have recently had the opportunity of meeting with the President of the Senate of Burundi and called upon him to rally the country’s legislators to go above and beyond the call of duty in restoring stability”, Speaker Kidega added.
“As an Assembly, we have also debated on and passed the Report of the Goodwill Mission of EALA to the Burundi Refugees in Eastern Province of Rwanda and in Kigoma in the United Republic of Tanzania. Last week, the Assembly also received a petition from concerned East Africans keen to see the impasse resolved”, he remarked.
Rt Hon. Kidega added that EALA was further keen to buttress the mode of assent of Bills.
“We are of the view that the region takes advantage of the Summit sittings which can create opportune moment for the Summit Members to exercise their mandate as stipulated under Article 63”, Speaker Kidega said.
The Speaker further rooted for sustained funding for the Community saying it was time for the EAC Partner States to seek alternative mechanisms for funding.
At the EALA Session, the following matters form notable business:
The EAC Forest Management and Protection Bill, 2015 - 2nd and 3rd Reading
The EAC Disaster Risk Reduction and Management Bill, 2015 - 2nd and 3rd Reading
Debate and adopt Reports of various Committees of the House.
A number of Reports are also expected to be debated and adopted.
In her remarks, the Speaker of the Rwanda Chamber of Deputies, Rt Hon. Donatile Mukabalisa, hailed the existing relations between the Parliament of Rwanda and EALA. She said Parliament of Rwanda had focused on the speedy harmonisation of the country’s laws with those passed by EALA.
She mentioned that Parliament of Rwanda was also readying itself for the Inter-Parliamentary Games’ Tournament on 4-11th December 2015, which brings together EALA and National Assemblies.
Moving the vote of thanks, Hon. Dora Byamukama said the Assembly would deliberate on the message of H.E. Paul Kagame and to find the mechanisms to implement the directives.
Hon. Byamukama said the EAC was yearning for accelerated pace of implementation of laws to speed up integration in the EAC region. She hailed the Secretary-General of the EAC, Amb. Dr Richard Sezibera for introducing the scorecard on Non-Tariff Barriers.
Hon. Byamukama maintained that issues concerning human rights needed to be addressed as a matter of priority.
Representatives from the East African Community (EAC) Partner States, government officials, international development agencies and civil society organisations gathered in Arusha, Tanzania for a one-day workshop on Climate Change.
The Climate Change, Renewable Energies and Sustainable Use of Natural Resources in East Africa - The Role of Climate Finance workshop, which was organised by the EAC, Konrad-Adenauer-Stiftung (KAS) and Tanzania Civil Society Forum on Climate Change (Forum CC).
Putting a spotlight on the current climate finance architecture and its opportunities for use in East Africa, the delegates looked at ways in which climate finance mechanisms can help boost the sustainable use of natural resources and renewable energy in the region, with an emphasis on the perspectives of the civil society.
Delivering the keynote address, the EAC Director for Productive Sectors, Mr Jean Baptiste Havugimana reiterated the effects of climate change on agriculture, tourism, infrastructure, fishing, wildlife and the health sector.
Mr Havugimana said that the EAC has initiated regional climate finance readiness activities that aim at having the EAC Secretariat and the East African Development Bank accredited as Regional Implementing Entities to the Adaptation Fund and the Green Climate Fund so as to directly access international climate change financing for the mitigation of climate change.
“The acceleration of human-induced changes in the climate system, including sea level rise, with negative implications and projections for the African continent”, said Mr Havugimana.
He said that the adverse impacts of climate change were a major challenge to socio-economic development in East Africa due to the region’s heavy dependence on natural resources which are highly vulnerable to the effects of climate change.
“The impacts affect key economic drivers such as water resources, agriculture, energy, transport, health, forestry, wildlife, land and infrastructure, and disaster risk management, among other things”, said Mr Havugimana.
Speaking at the forum, Mr Jackson Muro, the Director of the Tanzania Civil Society Forum for Climate Change, cited the drastic change in weather patterns in East Africa as one negative effect of climate change.
“In Tanzania, for example, rainfall has become less predictable and droughts have become both frequent in occurrence and last longer compared to a few years back. Sea levels are rising at an alarming pace and several parts of the coastal region are at risk of being submerged like Pangani town in Tanga. There are already some parts that are now completely under the sea as is the case of Mazwe Island near Pangani”, Mr Muro said.
“In many parts of Tanzania, temperature has increased by about 0.2 to 0.6 degrees Centigrade for the past 30 years. The impact of increased temperatures is evidenced by the fast decline of snow on Mount Kilimanjaro and other mountains in the region”, he added.
The EAC Secretariat was officially accredited as an observer to the United Nations Framework Convention on Climate Change by the 18th Conference of Parties (COP18) in Doha, Qatar. Since then, the EAC has been playing a key role in the international climate change policy discourse through providing leadership on regional climate change policy setting and mainstreaming of climate change adaptation and mitigation in regional integration programmes, projects and other initiatives in accordance with the EAC Climate Change Policy adopted by the EAC Heads of State in April 2011.
The East African Community (EAC) Secretariat over the weekend sensitised over 100 members of the Kenya Railway Golf Club during the EAC Golf Tournament in Nairobi, Kenya.
A one-day tournament organised by the East African Legislative Assembly (EALA)-Kenya Chapter and sponsored by the EAC Secretariat attracted over 100 golfers and other invited guests.
The EAC Golf Tournament tournament which was being held for the first time was part of an outreach programme for the Secretariat to members of the Kenya Railways Golf Club in Nairobi.
Addressing the golfers who had participated during the presentation of the awards to the winners, Kenyan EALA MP Hon. Peter Mathuki urged members of the Kenya Railway Golf Club to embrace the spirit of regional integration, adding that the people of East Africa shared a common destiny.
Hon. Mathuki who represented the Speaker of EALA, Right Hon. Daniel Kidega, as the Chief Guest informed the Club that the EAC has recorded major milestones towards integration including the successful implementation of the EAC Single Customs Territory along the Northern Corridor which has resulted into the speedy delivery of cargo from Mombasa to Kigali, a development likely to reduce the cost of doing business in the region.
Under the EAC Single Customs Territory, which came into effect on 1st June 2014, importers can now clear their goods at the points of entry with revenues being collected at a single point, in this case, the ports of Mombasa and Dar es Salaam. The revenues are then submitted to the destination Partner States.
The legislator said that sports activities across the continent had brought individuals and communities together by highlighting the commonalities among them and at the same time, bridging the cultural or ethnic differences.
The EAC Secretariat used the tournament to sensitise on the progress being made in the regional integration process by the Partner States in various sectors.
The East African Court of Justice Appellate Division on 20th November 2015 gave an advisory opinion filed on 15th April 2015 by the Secretary-General of the EAC on behalf of the Council of Ministers of the EAC. The request was filed pursuant to Article 14(4) and 36 of the Treaty and Rule 75 of the EACJ Rules of Procedure.
The request sought an opinion as to whether or not the words “forfeit” and “withdraw”, appearing respectively in Article 67(2) of the EAC Treaty and Rule 96(3) of the EAC Staff Rules and Regulation 2006, in effect amount to the same thing.
The gist of the matter that led to the rise of the inquiry is that Rwanda as a Partner State of the Community, nominated its national (Mr Alloys Mutabingwa) for appointment as EAC Deputy Secretary-General by the Summit of EAC Heads of State. Mr Mutabingwa was duly appointed in that position on 29th July 2009 for a term of three (3) years; however, on 29th April 2011 before the expiry of his term, Rwanda nominated Amb. Dr Richard Sezibera (another Rwandan national) for the appointment by the Summit as Secretary-General of the Community for a term of five (5) years. By virtue of Article 67(2) of the Treaty, “upon appointment of the Secretary-General, the Partner State from which he or she is appointed shall forfeit the post of Deputy Secretary-General”.
Also said that with that forfeiture Mr Mutabingwa’s contract was brought to an end, exactly 12 months before due date of its expiry. Upon that premature end of Mr Mtabingwa’s contract of employment, the Community, as the employer, compensated him in an amount equivalent to his full remuneration package for the 12 months balance of his contract.
In doing so the Community based itself on the authority of Rule 96(3) of the Staff Rules which provide, “where a Partner State withdraws one of its Executive staff before the expiry of contract, the individual shall be compensated the full remuneration package he or she would have received if he / she had served the entire period of the running contract. The funds paid by the Community shall be reimbursed by the concerned Partner State”.
Further, it was stated that the State practice of the Community regarding similar withdrawals in the past notably in 2001 and 2006, when Uganda and Tanzania respectively reimbursed the Community upon withdrawal of their respective Deputy Secretaries-General. Consequently, upon its payment of the above full compensation to Mr Mutabingwa, the Community Secretariat requested Rwanda to reimburse to the Community the amount of that compensation.
Rwanda declined to make the requested reimbursement, on the basis that the matter did not fall within the ambit of Rule 96(3) and additionally, contended that there is no clear established state practice in this regard. Confronted with the impasse, the Council of Ministers took a decision at its 29th extra ordinary meeting of 23rd-28th August 2014 to seek the Court’s Advisory Opinion on the matter.
Specifically, the Council sought an opinion on whether “forfeiture” of the position of Deputy Secretary-General under Article 67(2) of the Treaty for purpose of making way for an incoming Secretary-General from the same Partner State is in effect “withdrawal” of such Deputy Secretary-General.
The Court in its ruling said that, forfeiture of the position of the Deputy Secretary-General pursuant to Article 67(2) of the Treaty is a function and consequence imposed by automatic operation of law - without the free will or choice of the Partner State concerned. Withdrawal of Deputy Secretaries-General from their position by a Partner State of which the DSG is a national, for purposes of making way for an incoming Secretary-General of the same Partner State, though contemplated under Rule 96(3) of the Staff Rules and Regulations, 2006 of the Community, would in its application be a function and result of the free will and choice of the Partner State involved. To that extent, that function offends and is clearly inconsistent with and contrary to the objectives and purpose of the Treaty, in particular concerning the principle of rotation in Article 67(1) and (2) of the Treaty.
The Court further ruled that, given the inconsistency between the Treaty and the Staff Rules, which are made pursuant to the provisions of Articles 14(3) (g) and 70 of the same Treaty, the Staff Rules must to the extent of the inconsistency yield to the primacy of the provision of the Treaty.
It further ruled that, the “practise” whereby two Partner States have in the past refunded to the Secretariat of the Community the compensation paid to two former Deputy Secretaries-General of their nationality for premature termination of their tenure (in order to give way to the incoming Secretaries-General of the same nationality), has not as yet developed to trigger objective recognition under international law as an “established state practice”.
It is at best only a developing practice. At worst, any emerging “practise” from the past two precedents of Uganda and Tanzania has been fatally wounded and may well be on its way to becoming inchoate (unclear) if not comatose (exhausted).
Again, the Court added that of the three precedents signifying the alleged “practise”, the first Uganda’s was effected prior to the 2006 Staff Rules and therefore lacked any legal basis at all, the third Rwanda’s has been plainly challenged and openly disputed by the Partner State concerned.
That leaves Tanzania as the lone practise. Therefore, no legitimate basis to hold this as a valid practise of the Partner States of the EAC. Accordingly, it is quite evident that this so called practise cannot be taken into account for purposes of interpreting or applying Article 67(2) of the EAC Treaty and Rule 96(3) of the EAC Staff Rules and Regulations.
The Court also said that to avoid the latent friction between Article 67(2) of the Treaty and Rule 96(3) of the Staff Rules and Regulations, the two need formal, adequate and appropriate harmonisation by the competent organs and authorities of the Community.
The Federal Republic of Germany has so far given the East African Community (EAC) over 213 million euros in grants for the Community’s regional integration initiatives.
Germany’s Foreign Affairs Minister, Dr Frank-Walter Steinmeier, said the money had been invested in education, health and infrastructure projects, among other sectors.
Dr Steinmeier said that his country would continue its support for the EAC which he said was on the right track in terms of economic and political integration.
Dr Steinmeier said there was no global blueprint for regional integration, adding that the EU was currently grappling with the refugee crisis brought about by the conflict in Syria and the Greek financial crisis.
“Integration is not a fair weather project. Germany would not be where it is today without economic co-operation with the rest of Europe. I can say that the 60 years of European co-operation has been a success story”, he said.
The Minister said it was up to the EAC Partner States to prioritise the areas of co-operation amongst them. He said Germany was keen on increasing its co-operation with the EAC, especially in such areas as vocational training, education and technology transfer.
Dr Steinmeier was addressing journalists at the EAC Secretariat in Arusha, Tanzania after he held bilateral talks with the EAC Secretary-General, Amb. Dr Richard Sezibera.
The Minister urged the African Union and the EAC to expedite resolving the ongoing conflict in Burundi to prevent a spillover effect into neighbouring states. He expressed hope that the views and concerns of all parties in the Burundian conflict including the diaspora would be incorporated in the peace talks.
On economic growth in Africa and the EAC, Dr Steinmeier said it was disturbing that the perceived benefits from encouraging economic growth figures were not trickling down to the majority of the population especially those who live in the rural areas in terms of employment opportunities and poverty reduction.
In his remarks, Dr Sezibera thanked Germany for its generous assistance which had enabled the EAC to record significant successes including the realisation of the Customs Union, Common Market and commitments to support the attainment of the East African Monetary Union.
Dr Sezibera disclosed that intra-EAC trade had grown from 10 per cent a few years ago to more than 26 per cent at the moment.
The Secretary-General said EAC was deeply interested in penetrating the German market, which he described as large and vibrant, adding that the region also wanted to benefit from technology transfer from Europe’s largest economy.
On economic growth and efforts to address poverty, Dr Sezibera said the priority for the EAC in terms of employment was to rethink training in the region.
“Our focus is on vocational training and whether entrants into the job market have the right skills. We are also involving our agro-processing industries on how to expand manufacturing to a level that can create more jobs”, said the Secretary-General.
The Minister for Foreign Affairs in the Federal Republic of Germany, Dr Frank-Walter Steinmeier, will on Sunday, 22nd November 2015 pay a working visit to the East African Community (EAC) Headquarters in Arusha, Tanzania from 1.00PM.
The Minister, who will be accompanied by members of the German business community, will hold bilateral talks with the Secretary-General of the EAC, Amb. Dr Richard Sezibera.
The two leaders will then brief the press at the EAC Media Centre.
Shortly after the briefing, both the Minister and the Secretary-General will proceed to jointly address the East African-German Business Roundtable, jointly hosted by the EAC Secretariat, the East African Business Council and the Federal Foreign Office.
