The East African Court of Justice First Instance Division will resume its sessions next week on 6th – 28th September 2016. The Court has fifteen (15) matters coming before it and these are four (4) Scheduling conferences, four (4) Applications, three (3) hearings, two (2) Judgments, and two (2) rulings all in open court.
Among the cases that will come before the Court include; a case that was filed by Mr. Steven Deniss from The United Republic of Tanzania against the Attorneys General of the Republics of Burundi, Kenya, Rwanda, Uganda, United Republic of Tanzania and the Secretary General of the East African Community. The case which was filed on 10th July 2015 in the First Instance Division complains that the provisions of Article 30 (2) of the Treaty for the Establishment of the East African Community, about the two (2) months limitation period for filing a matter before the regional court as specified under that Article 30(2) of the Treaty, that it is not only very restrictive but also unjust and discriminatory.
The Applicant further complains that the Provision does not provide ample time for obtaining legal assistance, conducting legal research, documentation of the evidence and securing witnesses expected of a reference before the East African Court of Justice hence has denied him just like other citizens of the Partner States access to justice which is contrary to the fundamental and operational principles of the Treaty as set out in Articles 6(d) and 7(1) (a). He also alleges that the process by which Article 30 (2) of the Treaty was introduced is illegal and that the 6th Respondent had failed in its duty to advice the Partner States to rectify it and equally the 1st to 5th Respondents have failed to cure the illegality in their responsibility to ensure that the objectives of the Treaty are achieved. The hearing is on 19th September 2016.
Another case that is coming up for judgement was filed by the East African Civil Society Organizations’ Forum (EASCOF) against the Attorney General of the Republic of Burundi, Commission Electorale Nationale Independete (CENI) and the Secretary General of the East African Community. The Applicant alleges 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 5 years, renewable only once and that no one may serve more than two (2) presidential terms and the Constitution of Burundi which states under Article 96 that the President of the Republic is elected by universal; suffrage for a mandate of five years renewable one time.
The Applicant further alleges that by reason of the aforementioned breach of the Arusha Accord and the Burundi Constitution, the decision of the Constitutional Court of the Republic of Burundi equally violated Articles 5(3)(f), 6(d), 7(2), 8(1)(a) (c) and 8(5) of the Treaty establishing the EAC. He also claims that the decision of the CNDD-FDD political party to nominate or put forward President Pierre Nkurunzinza as a candidate for the election to the Office of the President of the Republic of Burundi in 2015 violated the Arusha Accord aforementioned and is unlawful.
The Applicant also alleges that the Commission Electorale Nationale Independete (CENI) had failed to ensure compliance with the provisions of the EAC Treaty. The matter came up for hearing before the First Instance Division on 13th June, 2016 and court fixed the judgement on 29th September, 2016.
Also on 14th September the Court will hear three Applications in cases filed by three members of Staff of the East African Community Early Warning Unit, accusing the Secretary General for the allegedly giving them notice of termination of their employment contracts. They are asking the court to grant an injunction restraining the Secretary General from effecting his decision the hearing and determination of the main cases.
The subject matter, the Applicants say that, on 17th June 2016, the Secretary General acted beyond his mandate in deciding to terminate the Claimants’ contracts by serving them notices of termination of service, in breach of the Council of EAC Ministers decisions at its 16th , 18th , 19th meeting and 31st Extra-Ordinary meeting, Regulation 96 of Staff Rules and Regulations 2006, the provisions of the Claimant employment contract, the official communications from the European Union (EU) and African Union (AU), the Agreements between EU and AU and Regional Economic Communities (RECs) including EAC. The Applicants still said that on 7th July 2016, received from EAC Registry a notice of three (3) months to terminate their employment contract effective from 20th June 2016 signed by the EAC Secretary General. That by that letter, the Claimants were informed that EAC has no funds to support the APSA African Union Peace and Architecture Support project staff and that for that reason, the Secretary General requested the Claimants to handover all activities under them to Deputy Secretary General in charge of Political Federation.
The Claimants further said that the motif given to justify the decision of termination of staff service is not in the Treaty, neither in the staff rules and regulation nor in the employment contract of the claimants. The claimants added that instead the Treaty under Article 4(2) gives powers to the Secretary General to do all things including borrowing to keep the functions of the Community running.
The Claimants further contend that the Secretary General did not provide any evidence that the APSA support program has ended, instead the Regional Economic Community (RECs) EAC included received Communication from European Union (EU) and African Union (AU) informing it that funds were in the process of being disbursed to support program three (3) and requesting that the staff under APSA support program should be retained to ensure that the capacities that have been developed over the years by the program be sustained. In addition, that the EU and AU have informed that the new APSA support program will run from January 2016 to December 31st 2018 and that the budget allocation has been approved for AU and other RECs, EAC allocation at Euros 2,850,000.
These Applicants/Claimants are Benoit Bihamiriza from the Republic of Burundi, Didacus Kaguta from the Republic of Uganda and Patrice Mulama from the Republic of Rwanda. The Applicants filed their cases on the 15th July, 10th and 12th August 2016 respectively. Benoit Bihamiriza is a Conflict Early Warning Experts Didacus Kaguta is a Peace and Security Officer, and Patrice Mulama is a Senior Analyst Officer – Early Warning
The First Instance Division bench is composed of Honorable Judges Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Justice Dr. Faustin Ntezilyayo, Justice Fakihi A . Jundu, and Justice Audace Ngiye
All matters will be in open Court 2nd Floor EACJ wing, EAC Headquarters, Arusha, Tanzania.
EALA has debated and adopted the Report of the Committee on Accounts on the audited Accounts of EAC for the period ended 30th June 2015. Three outstanding issues the Assembly says need immediate redress, are a curb on wasteful expenditure, a stem on all irregular procurements and an end to short-term contracts that contravene the staff rules and regulations of the Community.
EAC Secretary General, Hon Amb Liberat Mfumukeko moved to assure the House that reforms initiated under his regime would bear fruits. The report presented to the House by the Chair of the Committee on Accounts, Hon Jeremie Ngendakumana notes the overall financial position of the Community remained reasonably healthy with sufficient liquid assets to meet its maturing liabilities. It further states that the financial performance and cash flows for the period were in accordance with the International Public Sector Accounting Standards (IPSAS).
However, many projects and programmes at the EAC have an issue of budget under-absorption requiring proper budgetary planning and coherence and consistency in the budgeting process. The Community also suffers from poor financial management including over one thousand adjustments to the transactions on the general ledger after submission of financial statements.
The Assembly has given the Secretary General up to October 2016 to share with the House the matrices of implementation of its current and previous decisions.
The issue of non-remittances by Partner States also comes to spotlight with the Assembly urging the EAC Council of Ministers to engage all stakeholders on the matter and to ensure contributions are remitted timely.
The report takes an incisive analysis of all the Organs, Institutions and projects of the Community whose budget during the period under review was USD 125,643, 894. Actual expenditure totaled USD 81,349,607, pegged at 65%. The report arises from the Audit Commission on the Financial Statements for the period ended 30th June 2015 and is in line with the Commission’s mandate to fulfil the mandate bestowed on it by Article 134 of the Treaty for the EAC.
The lengthy report also calls for a roadmap on recruitment of staff in line with the staff rules and regulations and calls for an end to short-term contracts.The Assembly advises the Council of Ministers to direct the Secretary General to strengthen EAC Secretariat’s Internal control mechanisms by ensuring that financial transactions are accurately and timely.
Consequently, there is need for the directorate of finance to render efficient and supervisory role within itself. The Assembly is concerned by the high number of adjustments to transactions in the general ledger after the submission of the Financial Statements which it terms a result of laxity.
The report further reveals of the need for EAC management to negotiate and conclusively finalise agreements that exempt VAT with all Partner States that host all meetings and events. According to the report, there is to date an outstanding VAT claimable of USD 847,183 from authorities in the Partner States.
Among other recommendations, the Committee recommends empowering the Office of the Secretary General to sanction members of staff who contravene the Treaty and the Financial Rules and regulations. With it also is the need to undertake a comprehensive review of the Procurement manual in order to bring it in line with the Financial Rules and Regulations 2012. There is need for adherence to the Procurement procedures as laid down.
The Report also takes an inward look of the Assembly itself and findings therein necessitate need for EALA Management to comply with procurement policies and the Financial Rules and Regulations. At the same time, management of the Assembly is urged to adhere to the staff rules and regulations.
At the East African Court of Justice, the report reiterates similar recommendations. The Assembly thus wants the Service Commission to be convened to develop a roadmap to fill all positions that were previously held by short-term contract holders if necessary.
The report further observes that the Partnership Fund should regularly prepare financial statements in line with the Memorundum of Understanding with the development partners.The Assembly is categorical that any or all required documents should be presented to auditors and any irregularly spent amounts reimbursed back. The findings of the African Peace and Security Architecture reveals that a number of projects were not implemented and that only 27% of the total budgeted funds were utilised.
In the regard, the Assembly wants the Council of Ministers to direct the Secretary General to draw realistic budgets, supervise and follow up on disbursement of funds and to institute a Committee which shall probe and come up with solutions to end poor budget performance. At the Kisumu-based Lake Victoria Commission (LVBC), the report emphasises strengthening of control measures, urges the institution to comply with accounting principles and recover all outstanding imprest from staff in line with regulation 40 (3) of the financial rules and regulations.
Under LVBC, the audit further covered the Mount Elgon Regional Eco-System Conservation Project, the USAID Population, Health and Environment Programme (USAID-PHE). Others are the Lake Victoria Water Supply and Sanitation (LVWATSAN) Project and the Lake Victoria Environmental Management Project II (LVEMP II) for the year ended 30th June 2015 as well as the Lake Victoria Basin Commission Partnership Fund.
The Audit reveals of shortfall in funding at the Inter-University Council of East Africa (IUCEA) despite reminders and visits made to Partner States on follow-up missions of arrears and a lack of policy to guide on utilisation of arrears.
It therefore recommends that IUCEA management should customise the EAC Secretariat policy on the use of reserve funds and apply the same on utilisation of arrears and excess funds. The education body is also urged to always seek approval for reallocation of funds and to further comply with the set rules and regulations more so on staff development matters. On its part, the Lake Victoria Fisheries Organisation in Jinja should be well funded by the Partner States.
Several reminders on outstanding contributions in form of telephone calls and written letters had not been released in a timely manner and during the period 2010-2013.
“The releases from Partner States in the FY 2014/15 improved greatly (67%) compared to the previous years (less than 35%). LVFO managed to refund USD 234,833 towards the outstanding Operation Save Nile Perch (OSNP) liability in the FY 2014/15”, the report says in part.
A number of legislators supported the report at debate. Hon Dr Francois Xavier Kalinda said irregular recruitment of staff was glaring and that it presented legal challenges for both the concerned staff and the Community itself.
Hon Bernard Mulengani remarked that diligent internal controls within the Finance department was needed and stated that lack of quorum was hampering co-ordination of the set procurement meetings.
Hon Judith Pareno said the report for the better part paints a negative picture of the Community. “It means we are not planning well and are not adhering to the Financial Rules and Regulations. We need to have the Ministers of EAC resident in Arusha to do their political bit and supervisory bit and together with the Secretary General, they will let the Community move forward”, she said.
Hon Emmanuel Nengo said the gap in efficiency in the Secretariat needed to be addressed. “The Secretary General lacks the power to reward those who work well and punish those who do the contrary and the Council of Ministers needs to look into the matter”, he said.
Hon Dr James Ndahiro said there was need for a law on procurement to be introduced to create a legal framework for procurement. Hon Dr Odette Nyiramilimo said the decision to close the African Peace and Security Architecture (APSA) needed further scrutiny.
The EAC Secretary General, Amb Liberat Mfumukeko, assured the House of reforms in financial management, reduction of travel days among others. “With these reforms, the Secretariat is due to save about USD 6 Million dollars. A few months from now, we shall be following the trends to see if we achieve our set targets”, Amb Mfumukeko said.
On procurement, Amb Mfumukeko, said the previous assessments by the European Union had returned poor scores on procurement, but that the manual had since been updated and the trend has changed.
“Last month, the EU assessment passed a positive result”, he said. “I have considered the Audit report and the Fiduciary Risk Assessment. I have hope that we shall cure the institution”, the EAC chief said.
He said many dockets and departments depended on short-term staff. “The solution to this issue is the Institutional review and we hope that the positions which were frozen shall be opened up to havethe staffing needs met”, Amb Mfumukeko said.Hon Adam Kimbisa said the establishment of a Project Co-ordination Unit was timely.
Hon Patricia Hajabakiga, Hon Bernard Mulengani, Hon Valerie Nyirahabineza, Hon Emerence Bucumi, Hon Nancy Abisai, Hon Pierre Celestin Rwigema and Hon Straton Ndikuryayo supported the Report.
Others were Hon Abdullah Mwinyi, Hon Angela Kizigha, Hon Yves Nsabimana, Hon Martin Ngoga, Hon Susan Nakawuki, Hon Dora Byamukama, Hon Dr. Nderakindo Kessy, Hon Isabel Ndahayo, Hon Frederic Ngenzebuhoro and Hon Patricia Hajabakiga.
The Minister for EAC Affairs in Burundi, Hon Leontine Nzeyimana said the Council was committed to ensuring the decision matrices are implemented.
The Chair of the Council of Ministers, Hon Dr Susan Kolimba lauded the Assembly for the oversight role and remarked the Council of Ministers would make a close follow-up of the recommendations.
The Secretary General of the East African Community, Amb. Liberat Mfumukeko met with the Republic of Kenya’s Cabinet Secretary, Ministry of East African Community, Labour and Social Protection, Hon. Phyllis Kandie, on 30th August 2016 in her office in Nairobi, Kenya.
Amb. Mfumukeko briefed the Cabinet Secretary on five possible areas of strategic focus for the Community in the next five years (during his tenure), which include among others; consolidation of the East African Community Customs Union with focus on expansion of the list of goods under the Single Customs Territory (SCT) to cover all imports and intra-EAC traded goods including agricultural and other widely consumed products.
Implementation of the Common Market, particularly enhanced efficiency in utilisation of natural resources and further liberalization of free movement of skilled labour across the Partner States; enhancement of regional industrial development through investment in key priority sectors, skills development, technological advancement and innovation to stimulate economic development are also the strategic priority areas being proposed by the Secretary General.
Others on the list include improvement of agricultural productivity, value addition and facilitation of movement of agricultural goods to enhance food security in the region; promotion of regional peace, security and good governance; and lastly institutional transformation to, among other objectives, inculcate ethical leadership and enhance integrity in the management of the Community’s resources.
The Secretary General updated the Cabinet Secretary on the progress being made in the implementation of the reforms he instituted in the EAC Organs and Institutions in May 2016 that target cost reduction in the EAC projects and programmes. Amb. Mfumukeko disclosed that the reforms, which target savings to the tune of US$ 6 million in the Financial Year 2016/2017, were already showing positive results in that for the first three months of implementation (May to August 2016), the first estimates point to savings of US $588,768 in travel expenditures.
The Secretary General also shared with Hon. Phyllis Kandie some of the challenges the EAC Secretariat is facing as a result of delayed budget contributions from the Partner States and the long delay in getting disbursement from African Union, which is impacting on some programmes including that of the African Peace and Security Architecture (APSA) Project.
The Secretary General also updated Hon. Kandie on the state of preparations for the upcoming 34th Meeting of the Council of Ministers scheduled for 1st to 5th of September 2016 in Arusha, Tanzania, and the 17th Extra-ordinary Summit of Heads of State of the East African Community scheduled for 8th September 2016 in Dar es Salaam, Tanzania.
Hon. Phyllis Kandie reiterated Kenya’s support to Amb. Liberat Mfumukeko’s leadership and his efforts geared towards implementing reforms that focus on cutting cost at the EAC Secretariat. She said all Partner States were going through austerity measures so the Secretariat is not an exception.
The Cabinet Secretary counseled the Secretary General on the need for firm leadership, saying “firm leadership and making tough and well informed decisions for the benefit of regional integration were part of your job requirements”.
EALA is urging all Parliaments and Political Parties of the EAC Partner States to celebrate the International Day of Democracy on 15th September 2016 by having specific programs facilitating and promoting participation of young people in all affairs of their society including in decision making and political affairs.
This afternoon, the Assembly debated and passed a Motion for the Assembly to celebrate the International Day of Democracy. The motion was moved by Hon. Nusura Tiperu.
The Assembly in addition resolved to mark and celebrate the International Day of Democracy by setting an agenda for discussion that ensures political participation of young people as the region embraces the future of democracy.
The 2007 UN Resolution A/62/7 (2007), stipulates that each year, 15th September should be celebrated as an International Day of Democracy and encourages Governments to strengthen national programs devoted to the promotion and consolidation of democracy.
The International Parliamentary Union (IPU) has proposed that all Parliaments should organize activities for this year’s International Day of Democracy on the theme “Democracy 2030”.
The IPU has proposed that three themes oriented around youth, development and the future be incorporated, a move that the EALA supports.
“Having decided that we focus on the Youth-Oriented theme; requiring parliaments to assess themselves on what they are doing to ensure the political participation of young people and prepare the future of democracy and what progress has been made and what needs to be done”, a section of the report states.
In October, 2013, EALA further passed a Resolution on institutionalizing 15th September as the International Day of Democracy in the East African Community region, where it further committed itself to enhance its role in awareness creation on Democracy and on the International Day of Democracy.
In her justification, Hon. Tiperu said the region whose youth populace is pegged at 63% need to celebrate the successes of democracy and to look into the challenges faced.
During debate, Hon. Dora Byamukama said there was need to make key follow-up on what the Partner States do on the very day.“We need to take the issue of democracy very seriously”, she said. “Perhaps Africa needs its own definition taking into account the fact that we need to take to enhance civic education”, she added.
Hon. Mukasa Mbidde said it was necessary for the rule of law and democracy to be adhered to. The motion is anchored on Article 6 (d) and 7 (2) and all Protocols that African States are party to. “It is on this day that we need to tell the Partner States to carry out, and implement what it takes to ensure access to justice is realized”, he said.
The Partner States should also ensure the access and deposit of the declarations required under Article 34 (6) of the Protocol of the African Court and Human Rights. So far only, the United Republic of Tanzania and the Republic of Rwanda have deposited the said Protocol.
On 29th January, 2015, EALA passed a Resolution urging the EAC Partner States to adopt the African Charter on Democracy, Elections and Governance.
Hon. Mbidde further mentioned that the jurisdiction of the East African Court of Justice (EACJ) needs to be extended to cover the crimes against humanity. At the moment, only the ICC can try perpetrators of human rights violation, Hon. Mbidde said.
Hon. Mike Sebalu said championing democracy calls for persons to be democrats at all times. “We should not be denied our democratic choices which is a fundamental right. But on the converse, parties must organise themselves to live up to the needs of democracy”, the legislator said.
Hon. Mumbi Ngaru said it was time for young people to find their way in EALA and respective Parliaments.
Hon. Martin Ngoga called for political willingness to have a mechanism to deal with matters of justice. “We need African solutions to African problems in the area of international justice”’ he said.
The youth are majority and deserve their space in terms of planning and decision making”, he added. They must be part of a constructive agenda and not destructive’, he said, adding, that the Assembly should observe the day by among other things having discussions of intellect on the democratic practices.
Hon. Straton Ndikuryayo lauded the EAC Secretariat for coming up with the initiative of the EAC Youth Ambassadors Platform (YAP) but said the implementation of the Youth Policy in the Partner States that lead to formation of National Youth Councils’ remained a challenge.
He said that National Assemblies should also include representation of the youth in the Assembly. “Democracy needs young people and young people need democracy too”, Hon Ndikuryayo said.
Hon. Abdullah Mwinyi, Hon. AbuBakr Ogle, Hon. Susan Nakawuki and Hon. Nderakindo Kessy also supported the motion.
The Chairperson of the Council of Ministers, Hon. Dr Susan Kolimba said the youth need exposure and more chances in leadership. She said there are a number of youthful faces in the current Government of the United Republic of Tanzania.
Meanwhile, the Chairperson of the Council of Ministers, Hon. Dr Susan Kolimba also responded to oral questions from the Members.
The Minister for State, of East African Affairs, Republic of Uganda, Hon Julius Wandera Maganda, this afternoon took Oath of Allegiance as an Ex-Officio Member of the Assembly.
Hon. Maganda was sworn in by the Clerk to the Assembly at a brief ceremony witnessed by the Speaker and Members of EALA in line with the Rule 5 of the Rules and Procedures of the Assembly. The Rule 5(4) of the Rules of Procedure says in part that: “No Member can sit or participate in the proceedings of the House until the Oath or Affirmation of Allegiance to the Treaty is taken”.
Rule 5(5) specifically states that “when a Member first attends to take his or her seat other than at the first Sitting of a new House, he or she shall be brought to the table by two Members and presented by them to the Speaker who shall then administer the Oath or Affirmation of Allegiance”.
Hon. Maganda was ushered in to the House by EALA Members, Hon. Nusura Tiperu, Hon. Dora Byamukama and Hon. Chris Opoka. Hon. Maganda was appointed to Cabinet by H.E. Yoweri Kaguta Museveni on June 6 2016. He replaces Hon. Shem Bageine.
Prior to the appointment as Minister for State, East African Affairs, Hon. Maganda was the Member of Parliament of Samia Bugwe County South, a position he still holds to date. Hon. Maganda has served on various Committees in the Parliament of Uganda including that of Education and another on Rules, Discipline and Privileges. Others are the Trade and Tourism Committee and the Committee on National Economy.
Hon. Maganda holds a Bachelor of Public Administration degree from the Islamic University of Uganda, a Certificate in Legal Practice from the Law Development Centre in Uganda and a Post Graduate Diploma in Management from the Uganda Management Centre.
EALA is to push for recognition of Kiswahili as one of the official languages of the Community. Late yesterday, EALA passed a Resolution to urge the Summit of EAC to amend the Treaty for the establishment of the Community to provide for Kiswahili as one of the official Languages of the Community.
At the same time, the Council of Ministers should allocate adequate resources to EAC Kiswahili Commission to effectively carry out its mandate.The Resolution moved by Hon Abubakar Zein wants the Partner States to promote and allow the use of Kiswahili in official domains. The Resolution which received wide acclaim, was seconded by Hon Shyrose Bhanji and Hon Abdullah Mwinyi.
The Resolution appreciates that language is one of the most important aspects of human life by being a vessel of human philosophy, values, attitudes, identity and meaning of life. The Resolution states that Kiswahili is the fastest spreading African globe across the globe and that the African Union has made Kiswahili one of its official languages.
Analysts contend that making Kiswahili one of the official languages of the Community is one way to deepen and widen the integration process. According to Hon Zein, embracing the Kiswahili language is also bound to increase the participation of the people of East Africa in the Affairs of the Community as well as promote African culture. Kiswahili is flexible and has its root in the bantu language which constitute more than 50 per cent of African population.
The regional legislators commended the Resolution saying its passage would enable the immediate negation of the perception that the Assembly is for the elitist population and instead embrace the principle of a people-centred Community.
Several legislators supported the Resolution terming it as timely. Hon Kessy Nderakindo said the use of Kiswahili would boost education and give confidence to the students. Hon Martin Ngoga said that Kiswahili brought people together since it was widely spoken.
“I really should have contributed to this debate in Kiswahili,” the legislator said to the amusement of the Assembly Members. On his part, Hon Joseph Kiangoi said it was time for East Africans to be proud of their culture. “Let us embrace Kiswahili, it is part of our culture”, he said.
Hon Abdullah Mwinyi noted that Kiswahili was key as a common language. He said the United Republic of Tanzania which embraced diversity in culture embraced Kiswahili as a uniting factor. Hon Adam Kimbisa said Kiswahili was indeed the “lingua franca” of the Community while Hon Mike Sebalu said the Assembly also should embrace Kiswahili for its richness.
Hon Shyrose Bhanji, who seconded the Motion said the language would unite the region and help to create an east African spirit. Hon Dora Byamukama hailed the move as positive for the region. “The Assembly also needs to be practical to acknowledge that there are some Partner States such as Uganda have a large population that does not speak Kiswahili and in the Treaty there is a provision for development as a lingua franca”, she said.
“There is need to do more to develop Kiswahili in the country,” she said. On her part, Hon Dr Odette Nyiramilimo called for the establishment of a Kiswahili Learning Centre to enable staff, Members an all stakeholders involved in the integration process to fully comprehend the language.
Kiswahili is a Bantu language and the first language of the Swahili people. It is a lingua franca of the East African Community and the Great Lakes region. According to the wikipedia, the closely related Comorian language, (Shikomor), also spoken in Mayote Island (Shimaore) is closely related to Kiswahili.
The Assembly is pushing for the introduction of the single tourism visa to boost the tourism sector in the region. At the same time, the Assembly avers that Hotel classification in East Africa continue to face challenges which include poor planning in the construction modalities and therefore urges the EAC to establish a mechanism for funds to support the initiative and enhanced capacity building.
EALA late yesterday passed a report of the oversight activity on hotel classification and preparedness for a Single Tourist Visa. The report was presented by the Chair of the Agriculture, Tourism and Natural Resources, Hon Christophe Bazivamo.
In the report, EALA urges the Council of Ministers to fast-track and complete the study on the implementation of the EAC One Single Tourist Visa which commenced three years ago. EALA further wants the EAC Council to fast-track ratification of the Protocol on Tourism and Wildlife Management and for the EAC to provide additional resources for the Tourism and Wildlife Management Unit.
The Oversight report follows an on-spot assessment of selected hotels in EAC Partner States by the Committee on Agriculture Tourism and Natural Resources (ATNR) and a further workshop aimed at identifying progress made, existing gaps, challenges and charting a way forward in this respect in order to ensure sustainable development of the sector.
The objectives of the Oversight activities included stock taking of the progress so far made in implementing EAC projects and programmes within the context of the EAC Tourism and Wildlife Marketing plan and strategy, interfacing with hoteliers and other stakeholders in the Tourism industry and suggesting recommendations for improvements in the tourism sector for the benefit of citizens of East Africa.
The Treaty for the EAC states that Partner States shall establish a common code of private and public tour and travel operators, standardize hotel classifications and harmonise the professional standards of agents in the tourism and travel industry within the Community.
The Partner States are also obligated to develop a regional strategy for tourism promotion whereby individual efforts are reinforced by regional action.
The report takes an incisive study of hotels’ classification, looks at the challenges in the Partner States and makes specific recommendations as well.During debate, Hon Adam Kimbisa said there was need to ensure inter-connectivity and infrastructure to support systems of the One Single Tourist Visa.
Hon Nusura Tiperu said the region has vast tourist attractions and added that it was time for the single visa to be put in place. “There needs to be more information and data available on tourism to ensure visitors benefit on the tourist facilities”, she said. The legislator urged the Council of Ministers to ensure the Secretariat is well staffed and capacitated.
Hon Mike Sebalu, Hon Shyrose Bhanji and Hon Isabelle Ndahayo supported the adoption if the report.In June this year, the East African Tourism Platform met in Arusha to push for a common visa in the region. EATP which promotes East Africa as a single destination founded on growth, dynamism and investment wants the sector to embrace the visa and market the region as a single tourism destination in addition to understanding that common challenges need to be solved by agreeable yet common strategic solutions.
The EAC Partner States of Burundi, Kenya, Rwanda, Tanzania, and Uganda, are knocking into shape a draft EAC Sanitary and Phytosanitary (SPS) Legal Framework and Measures. In a four-day regional stakeholders meeting held from 22nd to 25th August 2016 in Nairobi, Kenya, Partner States Experts from Ministries of Agriculture, Livestock and Fisheries, Bureau of Standards, Plant Health Inspectorates, and Animal Resources critically reviewed and provided comments to improve and enrich the draft EAC SPS legal framework and the measures.
The meeting was also attended by officials from the Eastern Africa Farmers Federation (EAFF), the Eastern Africa Grain Council (EAGC), USAID Regional Economic Integration Office, the USAID East Africa Trade and Investment Hub, and EAC Secretariat officials.
Addressing participants, the EAC Deputy Secretary General in charge of Productive and Social sectors, Hon. Jesca Eriyo pointed out that SPS is a subject of fundamental importance to the region and that SPS measures had become an increasingly important topic of debate in international trade due to increasing awareness on food safety concerns.
The Deputy Secretary General noted that many people in the Community were not yet aware of SPS measures and therefore the need for Partner States to take drastic measures to disseminate SPS information widely. She urged Partner States to “work harder in order to achieve greater levels of competitiveness through diversifying the export base, adding value and enhancing the degree of compliance to the measures and standards prescribed in the destination markets”.
Mr. Protase Echessah, the Senior Agricultural Trade Expert, USAID East Africa Trade and Investment Hub underscored the collaboration between Hub and the East African Community which seeks to increase the competitiveness of select regional agriculture value chains and facilitate investment and technology that drives trade growth intra-regionally and to global markets. It is under this context that the Hub is supporting EAC to develop a regulatory framework to operationalize the SPS Protocol.
The Nairobi meeting recommended that EAC Partner States to work with relevant institutions to broadly harness the capacity and competencies required to inform and address regulatory matters on SPS. The meeting also urged the EAC Secretariat to expedite the process of securing Observer Status at WTO, OIE and IPPC in order to enhance its participation and role in SPS issues at international level.
Partner States were also urged to share relevant legal and policy documents with the Secretariat to enrich both the draft Bill. The EAC Secretariat is to convene another meeting of experts to finalize the EAC SPS Bill for presentation to the next Sectoral Council on Agriculture and Food Security.
The EAC Child Policy (2016) has been launched today at the ongoing 2nd EAC Child Rights Conference at the Desmond Tutu Conference Centre in Nairobi, Kenya. The EAC Child Policy provides a functional regional framework to facilitate the development, coordination and strengthening of Partner States towards the realization of Children’s rights and wellbeing.
Officiating at the official opening of the Conference and launch of the Policy, the EAC Deputy Secretary General in charge of Productive and Social Sectors, Hon. Jesca Eriyo, on behalf of the Secretary General of the East African Community Amb. Liberat Mfumukeko, disclosed that the document sets out priority areas that include strengthening national child protection systems and community mechanisms within the EAC region; and developing an integrated approach to providing quality education, health and social protection to children, among others”.
The EAC official urged Partner States and all stakeholders to use the conference as a platform to forge and strengthen partnerships for the successful implementation of the policy.
“It is our duty to ensure a bright future for today’s children as they are the pillars of the EAC. Investment in children is an EAC Treaty mandate which calls for Partner States to closely cooperate in the field of social welfare and to develop a common approach towards disadvantaged and marginalized groups including children, the youth, the elderly, and persons with disabilities”.
The 2nd EAC Child Rights Conference is being attended by representatives of children from the Partner States, Hon. Members of Parliament from Partner States, Permanent/Principal Secretaries in charge of children Affairs, Representatives of the Coordinating Ministries, Interagency Working Group on Children (Plan International, Save the Children International, African Platform for Social Protection, African Child Policy Forum, Elizabeth Glaser Pediatric AIDS Foundation, RIATT-ESA and World Vision International), among others.
The Interagency Working Group on Children (Plan International, Save the Children International, African Platform for Social Protection, African Child Policy Forum, Elizabeth Glaser Pediatric AIDS Foundation, RIATT-ESA and World Vision International), GIZ, EAC Secretariat, UNICEF and the Department of Children Services Kenya provided financial, technical and logistical support towards the successful holding of this 2nd EAC Child Rights Conference.
The first EAC Child Conference was held in Bujumbura, Burundi in 2012. Since the Bujumbura conference, the EAC Secretariat spearheaded the development of the EAC Child Policy, which was adopted by the 3rd meeting of the Sectoral Council on Gender, Youth, Children, Social Protection and Community Development in March, 2016.
EALA late yesterday passed a key report of its outreach and sensitisation activities and with it, called for more awareness among the people on the benefits of EAC integration.
The Assembly further wants the specific interest groups including youth, women, civil and co-operative societies to be fully involved in the integration process and the pillars of integration including the Political Federation, fast tracked.
The growing stature of Kiswahili also did not escape the attention of the legislators. During the sensitisation activities in the Partner States, Members observed the growing interest of the stakeholders in embracing and learning the Kiswahili language. Besides promoting unity among the EAC populace, the Kiswahili language is a critical medium of communication that will facilitate trade in the region.
The Sensitisation report presented by Hon Patricia Hajabakiga, Chair of EALA Rwanda Chapter, is a culmination of outreach and sensitisation activities carried out in the Partner States by the various country Chapters of EALA in June 2016. The activities held between June 9th to 28th, 2016 were anchored under the theme: EAC Youth Agenda: Accessing the Gains.
At the same time, the Assembly also recommended that the EAC Anthem and the flag should go hand in hand with respective national ones (flags) at all times.
The sensitization activity followed the previous one undertaken in April 2016. The activity, emanated from the policy guidance by the Summit and the decision of the Assembly’s Commission to reach out to the people of East Africa as part of their representatives, on the one side. On the other, the move is in accordance with EALA’s Strategic Plan (2013-2018) that is based on a people-centered approach.
Members set out among other things to sensitize the people of East Africa on the integration process; create awareness among the people of East Africa on the gains and challenges of integration and enhance mutual relationships and sustainable networking between EALA and the people of East Africa.
During the sensitization program, EALA country chapters engaged several stakeholders including media, local Government authorities, institutions of learning, Private Sector, women, Youth Councils, Civil Society, Members of Parliament and embassies. Other targeted groups were the border communities, Government institutions as well as Ministries. The Ministries responsible for EAC Affairs in all Partner States coordinated the activity.
In Burundi, the Members called on the Ministers for EAC Affairs and Justice respectively, the EAC Ambassadors situate in Burundi and the President of the Burundi Senate. The Chapter also had interactive sessions with the media and university students before visiting the Rumonge port and the Manyovu border post to hold discussions with stakeholders.
In Kenya, the Chapter visited a number of institutions including BIDCO Africa, Kenya Plant Inspectorate Services (KEPHIS), Kenya Bureau of Standards (KEBS), the Kenya Civil Aviation Authority and the Capital Markets Authority.
Several interactions took place in Rwanda. The Chapter held meetings with the National Council of Persons with Disabilities, the Private Sector Federation, Rwanda Association of Local Government Authorities (RALGA), National Youth Councils as well as the Women and civil society groups. The Chapter also held discussions with stakeholders at the Cyanika One Stop Border post, Ruhwa One Stop border post, Kagitumba One Stop Border post. The Members also delivered cows they had previously offered to the elderly widowed genocide survivors in Rwamagana, Eastern province of Rwanda.
In the United Republic of Tanzania, the activity was conducted in Dodoma, Morogoro and Zanzibar. The team held discussions with the academia as well as small and medium scale traders.
In Uganda, the Members paid a courtesy call on H.E. Edward Ssekandi, the Vice President of the Republic of Uganda and the Speaker, Rt Hon Rebecca Kadaga. Other meetings included that with the Third Deputy Prime Minister and Minister for EAC Affairs, Rt Hon Kirunda Kivejinja and his counterparts, the respective Ministers of Trade, Finance, Justice and Constitutional Affairs. The Chapter further held series of meetings with traders and transporters association, clearing industry association agents and shippers’ association before calling on district leaders in Lyantonde, Rakai and Sembabule.
Contributing to the debate, Hon Chris Opoka said traders in the region would benefit if the Common Market protocol is fully embraced. The legislator added that the issue of multiple membership of regional blocs needs to be analysed to assess benefits thereof.
“The Council of Ministers need to critically look into the rationale whether it is really necessary for Partner States to be members of multiple blocs and to spread the resources further, or if they should be co-ordinating their efforts at EAC”, Hon Opoka said.
Hon Joseph Kiangoi underscored the importance of sensitisation saying if the citizens were informed, then full integration was bound to be achieved.
“We share a common history and it should be easier for us to achieve full integration”, Hon Kiangoi said.
Hon Maryam Ussi urged the House to ensure sensitisation is institutionalised in the calendar of activities of EALA.
Hon Mike Sebalu, rooted for Kiswahili as a key language that bonds and enables citizens of the region to communicate effectively and efficiently.
On her part, Hon Dora Byamukama called for amendment of the Treaty to cater for the dynamic process of strengthening integration. She said it would be important if the regional Assembly can be constituted into a constituent Assembly to look into the Political Federation.
Third Deputy Prime Minister and Minister for EAC Affairs, Rt Hon Kirunda Kivejinja lauded the Assembly for undertaking sensitisation and said the Council would ensure institutionalisation and adequate financing.
Hon Frederic Ngenzebuhoro called for total removal of Non-Tariff Barriers (NTBs) and said unfortunately, the removal of some NTBs always led to introduction of new ones.
Hon Dr James Ndahiro, Shyrose Bhanji, Hon Abdullah Mwinyi, Hon Abubakar Zein, Hon Peter Mathuki all rooted for the adoption of the report.
