East African Community Secretariat; Arusha, Tanzania; 24 March 2017: A delegation from the Kenya National Cohesion and Integration Commission (NCIC), led by Commissioner Hon. Morris Dzoro, was at the EAC Headquarters today on study tour, as part of the Commission’s visit to various Institutions of Governance in Arusha and Dar es Salaam, in the United Republic of Tanzania.
Welcoming the Commissioners to the EAC Headquarters, the Deputy Secretary General in charge of Political Federation, Mr. Charles Njoroge noted that the mandate of the NCIC was to encourage national cohesion and integration by outlawing all kinds of discrimination on ethnic grounds; to fight hate speech and to provide for the establishment, powers and functions of the National Cohesion and Integration Commission, and for connected purposes.
“Indeed your mandate and functions complement the Treaty for the Establishment of the EAC and the protocols, strategy and mechanisms deriving from the Treaty” asserted Mr. Njoroge, adding that “EAC puts at the heart of integration efforts for the harmony and peaceful co-existence of the people of EAC Region
The Deputy Secretary General informed his guests that the Treaty and EAC Founding Fathers recognize peace and security as a pre-requisite for socio-economic development and achievement of EAC integration objectives.
He commended the delegation for the good work they were doing for the Kenyan people in promoting national cohesion, integration and peace, particularly during electoral period. “Without national unity, development and prosperity of Kenyan and any other EAC Partner State are illusive”.
On his part, the leader of the delegation, Hon. Morris Dzoro, commended the Deputy Secretary General in charge of Political Federation, Mr. Charles Njoroge for spearheading several initiatives in the Political Affairs of the Community. He also commended the EAC Secretariat for steering the regional integration process in the right direction and said their visit will enhance implementation of their mandate.
The delegation was given a detailed brief on the functions of the East African Court of Justice (EACJ), and on the EAC Early Warning Mechanism (EACWARN) and the EAC Conflict Prevention, Management and Resolution Mechanism (CPMR Mechanism).
While in Arusha, the delegation lmet and held discussions with officials from the East African Business Council (EABC), the East African Law Society (EALS), and the East African Civil Society Forum (EASCOF).
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For more information, please contact:
Mr Owora Richard Othieno Head, Corporate Communications and Public Affairs Department EAC Secretariat Arusha, Tanzania Tel: +255 784 835021 Email: OOthieno [at] eachq.org
About the East African Community Secretariat:
The East African Community (EAC) is a regional intergovernmental organisation of five Partner States, comprising Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania.
East African Community Secretariat; Arusha, Tanzania; 23 March 2017: The East African Community is developing a Regional Training Curriculum to support the operationalization of One Stop Border Posts (OSBPs) within the bloc. The training curriculum is a major capacity building tool for OSBPs in the region.
In a 20th - 24th March meeting, with the support of GIZ - African Union Border Program (AUBP), currently underway in Kigali, Rwanda, Partner States’ experts from the Revenue and Immigration Authorities are developing the tool, which aims at training the OSBP officers on the rules and ways to operate in their different positions at their different posts in cooperation and coordination with their different counterparts.
The Regional Training Curriculum looks at how best to allow the different agencies to play their role and work together so as to enhance and accelerate the smooth operationalization of the OSBPs. The curriculum will be based on the existing instruments adopted by the EAC including the OSBP Act, Sourcebook and Manual. It will also take into account the already existing instruments of sensitization and capacity building availed by the other Development Partners of the EAC such as the IOM, JICA and TMEA.
According to the Ag. Director General of the EAC Directorate of Customs and Trade, Mr. Kenneth Bagamuhunda, the development of the curriculum commenced in December 2016 in Dar es Salaam, Tanzania, and the Kigali meeting is a continuation of the process, which comes at a time when the Community had successfully developed the OSBP Regulations and OSBP Manual.
“In order to have hands on experience on what happens in an OSBP, prior to the meeting, the delegates’ visited two functioning OSBPs, at Cyanika and Kagitumba/Mirama Hills. The output of the visits to the border posts greatly enhanced the curriculum development process”, noted the Ag. Director General, adding that the Partner States Experts who played a central role in the development of the OSBP Manual were also assisting in the development of the Training Curriculum.
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Notes to Editor:
The operationalisation of OSBPs in the region is not without challenges. Some of the challenges relate to inadequate infrastructure at many of these border posts including housing for staff, amenities such as schools and hospitals, holding grounds for quarantined animals, insufficient water resources and in some cases unreliable power supply and not the least human capacity and skills shortfalls in a number of critical areas.
In order to realize the goal of African integration, there is need to ensure smooth management of borders allowing swift and hustle-free movement of goods, persons, workers and services. This initiative will need to be bolstered by strengthening security measures that halt cross border criminal activities. Moving towards these goals the African Union, through its Border Program (African Union Border Program (AUBP) has encouraged/urged its member states to embrace a smoother management of border crossing points through installation and implementation of One Stop Border Posts (OSBPs).
There are 77 borders in Africa that have been earmarked for OSBP construction with 15 of them being in East Africa Community (EAC). The OSBPs are therefore becoming more popular at the regional level. They are seen as a modern approach towards facilitating movement of goods, persons and services across national borders. The OSBP concept promotes simplification of controls at borders through a one-time check at the border between two countries. In practice, OSBP is achieved by placing the border officials of two adjoining countries at each other’s adjoining border post so that border control checks will be jointly conducted by relevant officers from the two neighbouring countries at once on the side of the entry country. Once such a check has taken place on one side of the border, no other check will follow. Operating OSBPs requires a tight coordinated cooperation between the agencies present at borders including immigration, police, customs, health etc.
For more information, please contact:
Mr Owora Richard Othieno Head, Corporate Communications and Public Affairs Department EAC Secretariat Arusha, Tanzania Tel: +255 784 835021 Email: OOthieno [at] eachq.org
About the East African Community Secretariat:
The East African Community (EAC) is a regional intergovernmental organisation of five Partner States, comprising Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania.
East African Community Secretariat; Arusha, Tanzania; 22 March 2017: The East African Community (EAC) and United Nations High Commissioner for Refugees (UNHCR) have today agreed to collaborate in the promotion of the rights of refugees, including the protection of forcibly displaced people and regulatory regimes affecting the movement of persons, immigration and refugee management.
The agreement came during the bilateral discussion between the EAC Secretary General, Amb. Liberat Mfumukeko and UNHCR representative and Head of Regional Service Centre (RSC), East, Horn of Africa and Great lakes Region, Ms Victoria Akyeampong, when she paid a courtesy call on the Secretary General this morning in Arusha, Tanzania.
Speaking during the discussions, the EAC Secretary General noted that despite forced displacement plaguing the Community for a long time, durable solutions were being found for hundreds of thousands of refugees.
‘’I am happy today that we have agreed to work together. Our region has for a long time suffered a lot in the context of refugees and that explains why in the EAC we look at the refugee issue as one of the critical areas of regional integration’’, noted Secretary General.
Amb. Mfumukeko commended the good work done by UNHCR in protection of rights of refugees such as access to asylum, health, education, employment, repatriation and housing. ‘’I believe we have a lot to work together towards securing our society in promoting the rights of refugees.’’
On her part, Ms Victoria Akyeampong, said that the refugees situation in the East, Horn of Africa and Great Lakes region is too alarming. “Thus why we look forward to work together with EAC in the context of refugees and develop a common mechanism of refugee management that will be based on international standards”.
The two officials agreed to form a task force to work on areas of collaborations to ensure the regional common mechanism of management of refugees is developed and implemented. The taskforce will also be expected to review the status of implementation of the Memorandum of Understanding (MoU) between the EAC Secretariat and UNHCR with a view to identifying implementation challenges and chart out the way forward.
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Notes to Editor:
The MoU between the UNHCR and EAC was signed on 9th March, 2010. The MoU establishes a framework for cooperation between the EAC and UNHCR in five areas of common concern and cooperation, including Conflict Prevention and Peace-building; Early Warning and Response; Movement of Persons, Immigration and Movements and the Promotion and Protection of Human Rights in East Africa
The Treaty for the Establishment of the EAC requires Partner States to establish common mechanisms for the management of refugees. The Protocol on the Establishment of the EAC Common Market, also guarantees the free movement of persons in the Community and calls the Partner States to ensure that the movement of refugees within the Community are governed by the relevant international conventions.
For more information, please contact:
Mr Owora Richard Othieno Head, Corporate Communications and Public Affairs Department EAC Secretariat Arusha, Tanzania Tel: +255 784 835021 Email: OOthieno [at] eachq.org
About the East African Community Secretariat:
The East African Community (EAC) is a regional intergovernmental organisation of five Partner States, comprising Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania.
East African Kiswahili Commission; Zanzibar, Tanzania; 20 March 2017: From the 15th-17th March 2017, the East African Kiswahili Commission (EAKC) convened a three-day strategy implementation forum at the Imperial Botanical Beach Hotel, in Entebbe, Uganda.
The meeting brought together stakeholders from EAC Partner States, Kiswahili Associations and the Media to build a common understanding and shared ownership and to facilitate a consensus on the implementation approach to the Commission’s Strategic Plan (2017-2022).
The forum articulated a sequence of investments and activities needed to achieve the mandate of coordinating and promoting the development and use of Kiswahili in regional integration and sustainable development of the East African Community.
Explaining the framework and soliciting their reaction and opinion, the Executive Secretary of the Commission Prof. Kenneth Simala informed participants that road-mapping is considered good planning for successful implementation of the Commission’s strategy.
The forum was, therefore, seen as the beginning of what will be an interactive, collaborative and participatory process between the stakeholders and the management in the implementation of the Strategic Plan for the next five years.
Prof. Simala said that the stakeholders and development partners will have to consider many variables that include a majority agreeing on specific approach to be used in order to realize the intended objectives.
He further challenged the stakeholders to be ready and willing to invest financial and human resources in the implementation of the plan. He thanked Kiswahili stakeholders, more so the EAC Partner States, for taking various practical initiatives to ensure that Kiswahili is developed and used in the service of the Community.
The Commission presented for discussion three priority areas in the roadmap to the implementation plan: Institutional Capacity Assessment of the development and use of Kiswahili in the EAC; EAKC Mobility Policy and Programme; and the production and dissemination of Kiswahili knowledge in the EAC and beyond.
The meeting was informed that the need for the assessment of the development and use of Kiswahili in various institutions in the Community can never be more urgent. The assessment is a prerequisite for understanding capacity development needs imperative in the implementation of the Commission Plan.
Participants discussed and approved a draft Capacity Assessment Manual and Guide developed by the Commission and which will be used in the planned exercise that will culminate in a capacity assessment report showing the status of Kiswahili development and use in various institutions across EAC Partner States.
The stakeholders acknowledged that whereas there has been a phenomenal growth and complexity of the number of institutions involved in the development and use of Kiswahili in the EAC and beyond, there are enormous challenges confronting them and which impact on their roles and effectiveness. There is need, therefore, for Kiswahili stakeholders in the Community to work together amongst themselves and with others elsewhere in the world in order to strengthen joint action to address these and other emerging issues.
The meeting was informed that the Commission had identified mobility as a major pillar of its strategy for dealing with these challenges. Mobility is considered an important element of the mission of the Commission of promoting and coordinating the development and use of Kiswahili for regional integration and sustainable development in the Community. It is for this reason that the Commission is investing in a Mobility Policy and Programme as a framework of strategic partnerships and strong and broad cooperation and as a tool to provide opportunities for Kiswahili stakeholders to interact. The forum approved both the policy and programme developed by the Commission.
The Commission reaffirmed its commitment to provide high quality research driven policy advice to Kiswahili stakeholders, especially Partner States governments. While aiming to be a truly international institution that is firmly rooted in the Community and working closely with Partner States governments, business, society and the public, the Commission intends to play an active role in the integration process and sustainable development agenda as an innovative knowledge institution. Hence, knowledge production and dissemination is crucial to the implementation roadmap.
It is within this context that this year’s first EAKC Conference in Zanzibar, on 6th-8th September marks what promises to be a feature of the Commission’s outreach programme. Themed ‘The Role of Kiswahili in the Transformation of the East African Community’, the Conference has attracted participants from various sectors of society who will critically examine Kiswahili as a resource and tool necessary for the attainment of Sustainable Development Goals. The deadline for receiving abstracts was extended to 31st March, 2017 so as to allow more stakeholders to participate.
The East African Kiswahili Commission (EACK) is an institution of the East African Community based in Zanzibar, The United Republic of Tanzania. The Commission started its operations in May, 2015 and has developed the Annual Operations Plan for 2016-2017. The Commission’s vision is to be the leading body in the promotion and coordination of the development and usage of Kiswahili for regional integration and sustainable development.
East African Legislative Assembly; Kigali, Rwanda; 17 March 2017: The activities of the EAC are perpetually grinding to a halt – unless immediate remedial measures are taken to remit the amount of US$ 24,016,930 owed to the EAC by the Partner States.
Deeply concerned by this poor financial state of affairs, EALA has passed a resolution urging the Council of Ministers to immediately convene under matters of urgency to resolve the financial crisis in EAC by ensuring immediate and full disbursement of funds to the EAC.
The Assembly further wants Council of Ministers to invoke provisions of the Treaty (Article 14 and Article 143) to reprimand the Partner States that are defaulting in taking care of their obligations. In the same vein, EALA has moved to establish a Select Committee to investigate the matter of financial paralysis and to report back to the House.
The Motion moved by Hon. Nancy Abisai and under Rule 30 of the Rules of Procedure also want the Council of Ministers to be proactive by ensuring the matter is on the agenda of the next EAC Summit meeting as a priority and matter of urgency and public importance.
The Motion avers that out of a total sum of US$ 41, 890,538 approved as the budget of the EAC Organs and Institutions funded by equal contributions from Partner States to cater for the Secretariat, East African Legislative Assembly (EALA), East African Court of Justice (EACJ), Lake Victoria Basin Commission (LVBC), the Kiswahili Commission, the Health Research Commission and the Competition Authority. The amount so far remitted at the Secretariat stands at US$ 18,644,645 which amounts to 44%, three months to the end of the financial year.
The Council of Ministers has previously resolved that all Partner States should be fully paid up by 30th December of every financial Year to enable the Community to function and operate smoothly. Each Partner State is required to pay USD 8,378,108. However, currently,
Republic of Kenya has contributed US$ 4,395,707 (52.47%) leaving an outstanding of US$ 3,982,400 (47.53%)
United Republic of Tanzania has contributed US$ 2,553,203 (30.47%) leaving an outstanding of US$ 5,824,905 (69.53%)
Republic of Uganda has contributed US$ 7,668,419 (91.53%) leaving an outstanding of US$ 709,689 (9.47%)
Republic of Rwanda has contributed US$ 4,027,316 (48.07%) leaving an outstanding of US$ 4,350,791 (51.93%)
Republic of Burundi has not contributed any amount to this financial year’s budget (0.00%) leaving an outstanding of US$ 8,378,108 (100%) excluding arrears for the previous year amounting to US$ 771,037.
The figures exclude contributions earmarked for the Lake Victoria Fisheries Organisation (LVFO), the Inter-University Council of East Africa (IUCEA) and the Civil Aviation, Security and Safety Organisation Agency (CASSOA) which is a self-accounting institution of the EAC.
The Assembly is further concerned that non-remittance of the funds is recurring and the move has completely disrupted the functions of the Assembly. The results of which include, non-payment of allowances and personnel emoluments, delays in settlement of supplier invoices.
Hon. Dora Byamukama said the Community needs to take the matter of remittances seriously and proposed that it may be time for the different Organs and institutions to bid for their contributions directly as opposed to the current form where all monies are disbursed to the Secretariat first, before the Instituions and Organs receive the attendant portion.
“We are currently electing EALA Members as we speak – but if the matter persists, how will the activities of the Assembly work? Hon. Dora pondered. She said a good number of staff may be insecure and anxious affecting their overall productivity thus that of the EAC as a whole. Compounding the matter further is that of image said the legislator. “The Banks may not be sure we will honour the obligations. This is a very serious issue,” she added.
Hon. Patricia Hajabakiga called for total goodwill on part of the Partner States in order to spur integration. She said the African Union which has a bigger membership had managed to finalise discussions on the matter of sustainability – while the EAC bloc which has a relatively manageable membership is yet to realise the objective.
Also rising in support of the Motion were Hon. Bernard Mulengani who said salaries and emoluments of all staff and Members of the Assembly were affected. The Suppliers are also affected, he said.
Hon. Yves Nsabimana said an analysis of the budget performance was pegged at 45% which he termed as worrying and that the image of the Community was bad calling for immediate remittances to the EAC.
Hon. Mike Sebalu noted with appreciation the contribution of Uganda saying it was inspiring even to the other Partner States. “I encourage everyone wherever they are to meet their obligations”, he said. He called on the EAC to look at alternative funding mechanism. Let us look at the ECOWAS model for example”, he said.
Hon. Dr James Ndahiro rooted for the alternative funding mechanism saying it was reliable, timely and predictable. “This is not the Community I knew five years ago. Something has gone wrong somewhere…there is loss of appetite to move integration forward”, he said.
Hon. AbuBakr Ogle called for establishment of a Select Committee of the House to look into the predicament of inadequate funds and to report back to the House.
Hon. Taslima Twaha remarked that it was a sad and dark day in the history of the Community.
Others who supported the resolution were Hon. Valerie Nyirahabineza, Hon. Sarah Bonaya, Hon. Odette Nyiramilimo, Hon. Shyrose Bhanji, Hon. Mukasa Mbidde and Hon. Susan Nakawuki.
Council of Ministers Dr Susan Kolimba reiterated Council of Ministers commitment to address the precarious funding issue.
Meanwhile, the Assembly adjourned after the successful completion of its 5th Meeting of the 5th Session yesterday.
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For more information, please contact:
Mr Bobi Odiko Senior Public Relations Officer East African Legislative Assembly Arusha, Tanzania Tel: +255-27-2508240 Fax: +255-27-2503103 Cell: +255-787-870945, +254-733-718036 Email: BOdiko [at] eachq.org Web: www.eala.org
About the East African Legislative Assembly:
The East African Legislative Assembly (EALA) is the Legislative Organ of the Community and has a cardinal function to further EAC objectives, through its Legislative, Representative and Oversight mandate. It was established under Article 9 of the Treaty for the Establishment of the East African Community.
East African Community Secretariat; Arusha, Tanzania; 17 March 2017: The Republic of South Sudan (RSS) will soon appoint a judge to sit on the bench of the First Instance Division of the Arusha-based East African Court of Justice (EACJ).
EACJ judges are usually appointed by the East African Community Heads of State Summit on the recommendation of Partner States.The RSS Judiciary will also provide office space for the Arusha-based court to establish a sub-registry like is the case in the capital cities of the other EAC Partner States
RSS will later appoint a Judge to the Appellate Division of the EACJ once the relevant law is amended to raise the number of judges from five to six.
These were some of the issues agreed on during discussions between the RSS Chief Justice, Hon. Chan Reec Madut, and an EAC delegation led by the Secretary General, Amb. Liberat Mfumukeko in Juba, South Sudan.
The EAC delegation informed the Chief Justice that all relevant legal instruments will be amended to accommodate the RSS which joined the Community in September last year.
The EACJ is the judicial arm of the Community. The Court’s jurisdiction is limited to the interpretation of the Treaty for the Establishment of the EAC.
At a meeting later with the RSS Presidential Advisor on Economic Affairs, Hon. Aggrey Tisa Sabuni, the EAC delegation was informed that the RSS National Legislative Assembly had elected nine (9) Members of Parliament who would represent the country at the East African Legislative Assembly (EALA).
The nine MPs will join their EALA counterparts from the republics of Burundi, Kenya, Rwanda, Uganda and the United Republic of Tanzania in making laws for the Community.
Hon. Sabuni informed Amb. Mfumukeko that the legislators were drawn from the ruling Sudan People’s Liberation Army and other political parties in the RSS.
At another meeting with the Governor of the Bank of South Sudan, Hon. Othom Ra go Ajak, the delegation disclosed that the implementation of the East African Monetary Union Protocol was well underway.
The EAC Secretariat had drafted two Bills namely the East African Monetary Institute Bill and the East African Statistics Institute Bill. The two bills will be considered by the 35th Ordinary Meeting of the EAC Council of Ministers to be held in Arusha from 30th March to 4th April, 2017.
The East African Monetary Institute is a transitional mechanism to the East African Central Bank which will issue the single currency for the region which is expected to be in place by the year 2024.
The East African Statistics Institute on the other hand is critical for macro-economic convergence and harmonisation as it will provide accurate data and information to guide decision making as the region progresses towards a single currency.
It was noted that the Monetary Union would only function efficiently if the Customs Union and Common Market protocols were fully implemented.
In his remarks, Hon. Ajak informed the EAC delegation that the Bank of South Sudan was already working closely with the other Central Banks of East Africa, adding that the bank will fully participate in EAC activities especially the Sectoral Committee on Finance and Economic Policy.
Amb. Mfumukeko was accompanied by among others EAC Deputy Secretary General (Political Federation), Mr. Charles Njoroge, the Director of Customs, Mr. Kenneth Bagamuhunda, Director of Finance, Mr. Juvenal Ndimurirwo, Defence Liaison Officer (Uganda), Col. James Ruhesi; Ms. Geraldine Umugwaneza, Deputy Registrar at the East African Court of Justice; Mr. Bakaye Lubega, Principal Culture and Sports Officer; Mr. Stephen Agaba, Principal Legal Officer; Dr. James Njagu, Chef de Cabinet to the Secretary General, and; Emmanuel Niyonizigiye, Police Liaison Officer.
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For more information, please contact:
Mr Owora Richard Othieno Head, Corporate Communications and Public Affairs Department EAC Secretariat Arusha, Tanzania Tel: +255 784 835021 Email: OOthieno [at] eachq.org
About the East African Community Secretariat:
The East African Community (EAC) is a regional intergovernmental organisation of five Partner States, comprising Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania.
East African Community Secretariat; Arusha, Tanzania; 16 March 2017: The East African Community Secretariat will undertake a comprehensive capacity building programme on the integration process for the Republic of South Sudan to enhance the young nation’s integration into the Community.
EAC Secretary General, Amb. Liberat Mfumukeko, said that the capacity building programme for Ministries, Departments and Agencies in the Republic of South Sudan would focus on all aspects around the EAC integration.
Amb. Mfumukeko further encouraged the RSS to fully participate in the programmes and activities of the EAC since it was now a full member of the bloc.
He said the Community was working closely with Development Partners to mobilize funds for various development initiatives including infrastructure development, health, customs and trade.
The Secretary General who is on an inaugural tour of RSS made the remarks during meetings with various Ministers in the RSS. Among the Ministers who held meetings with Amb. Mfumukeko and his delegation were Hon. Deng Alor Kuol (Foreign Affairs and International Cooperation); Hon. Stephen Dhie Dau (Finance and Economic Planning), and; Hon. Moses Hassan Tiel (Trade, Industry and Investment). The South Sudan EAC Secretariat is headed by Hon. Mou Mou Athiany Kuol.
RSS became the EAC’s sixth Partner State after depositing the instruments of ratification of the Treaty of Accession to the EAC in September 2016.
The EAC delegation also held meetings with the Minister for Defence, Hon. Kuol Manyang Juuk, and Hon. Martinson Oturomoi, the Deputy Minister of Justice and Constitutional Affairs.
Addressing the EAC Delegation, Foreign Minister Hon. Kuol thanked the EAC Secretariat for the invaluable support it gave to the team that negotiated the RSS’s admission into the Community, adding that his Ministry which hosts the South Sudan’s EAC Secretariat would endeavour to sensitize other government departments on the EAC.
On his part, Finance and Economic Planning Minister Stephen Dau said RSS felt it naturally belonged to the EAC due to its close historical, cultural, social and economic ties with East Africa.
Hon. Dau said the country was keen to honour all its obligations and enjoy its rights as an EAC Partner State.
Hon. Kuol said RSS membership to the Community would enable the country to resolve some of the challenges it is facing by working in partnership with other Partner States, adding that it would also bring lots of benefits to both parties.
Trade, Industry and Investment Minister Hon. Tiel noted that the people of South Sudan had been longing to join the EAC for a long time.
Hon. Tiel said that South Sudan’s trade, investment and industrial sectors would be enhanced by joining the EAC, adding that the country has immense potential to gain from EAC by fully developing its agricultural sector.
Hon. Tiel said that contrary to the views of some people, RSS would not always be a net importer of goods noting that the country was already exporting honey and gum Arabic to other countries.
The EAC team briefed Defence Minister Manyang Juuk on cooperation in defence and security matters. Cooperation in defence among EAC Partner States includes: training; joint exercises; joint operations; sports and culture; military industries, and; visits and sharing of information.
The delegation informed Deputy Justice Minister Hon. Oturmoi that the East African Court of Justice (EACJ) usually has sub-registries in each Partner States capital city with the sub-registry being hosted in Judiciary. The staff to man the sub-registry are recruited competitively.
The Minister was further informed that the EACJ would also train State Attorneys/Counsel on the procedures of the Court so that they can effectively represent RSS in case of litigation by other parties.
Amb. Mfumukeko was accompanied by among others EAC Deputy Secretary General (Political Federation), Mr. Charles Njoroge, the Director of Customs, Mr. Kenneth Bagamuhunda, Director of Finance, Mr. Juvenal Ndimurirwo, Defence Liaison Officer (Uganda), Col. James Ruhesi; Ms. Geraldine Umugwaneza, Deputy Registrar at the East African Court of Justice; Mr. Bakaye Lubega, Principal Culture and Sports Officer; Mr. Stephen Agaba, Principal Legal Officer; Dr. James Njagu, Chef de Cabinet to the Secretary General, and; Emmanuel Niyonizigiye, Police Liaison Officer.
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For more information, please contact:
Mr Owora Richard Othieno Head, Corporate Communications and Public Affairs Department EAC Secretariat Arusha, Tanzania Tel: +255 784 835021 Email: OOthieno [at] eachq.org
About the East African Community Secretariat:
The East African Community (EAC) is a regional intergovernmental organisation of five Partner States, comprising Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania.
East African Legislative Assembly; Kigali, Rwanda; 16 March 2017: EALA has adjourned the enactment of the EAC Polythene Materials Control Bill 2016 in order to allow more room for consultations. The Motion for adjournment of the Bill was moved by the Chair of Council of Ministers and Deputy Minister of EAC, United Republic of Tanzania, Hon. Dr Susan Kolimba under Rule 30 (c ) of the Rules of Procedure of the Assembly.
The Minister moved the Motion in order to allow for further scrutiny of various amendments, as well as the incorporation of views of the apex body of the Private Sector, the East African Business Council. In addition, the time allows for the views of the United Republic of Tanzania to be incorporated.
The Bill whose mover is Hon. Patricia Hajabakiga aims at providing a legal framework for the preservation of a clean and healthy environment through the prohibition of manufacturing, sale, importation and use of polythene materials. The Bill was re-introduced afresh during the Sitting held in August 2016 in Arusha, Tanzania.
Hon. AbuBakr Ogle said while there was need to protect the environment the region must look at the bigger picture, he said while citing statistics from the global green environment movement.
“Polythene bags take a month to decompose, plywood 1-3 years, cigarette butts 10-12 years and soapwood for example take between one to three years, while plastic containers may take as many as 50-80 years to degrade,” he said.
“The business community under EABC have some good proposals on the way forward. It is only fair that we listen to them”, he said.
“The Bill as currently constituted does not fully capture the essence of the views of stakeholders. Let us give it more time,” he added.
Even as the motion for adjournment sailed through, a preceding report indicated that Partner States are indeed in support of the Bill. However, polythene manufacturers especially in the Republics of Kenya and Uganda while understanding the concerns of the Committee of Agriculture, Tourism and Natural Resources, are taken aback by the heavy investments they have put in the sector.
Addressing the House, the Chair of the Committee on Agriculture, Tourism and Natural Resources, Hon. Valerie Nyirahabineza observed there were best practices with regard to alternatives of plastic bags like banana materials used in the Republics of Burundi and Rwanda which can emulated in the entire region.
Chapter 19 of the Treaty for the EAC enjoins Partner States to co-operate in all issues of environmental and Natural resources management, while Articles 112(1) and 112(2) a) b) c) and h) urge Partner States to adopt common environment control regulations, incentives and standards. It further encourages the manufacture and use of bio-degradable pesticides, herbicides and packaging materials while adopting common environmental standards.
According to the report, Burundi is in total agreement with the Bill and is very supportive to it. Since 2000, the Government has promoted policies on environmental management and sanitation through some projects on waste management in urban areas.
The report says stakeholders in Kenya invited to the public hearing of the Committee included officials from Ministries of EAC, Labor and Trade, Environment, Parliamentarians from the Committee on Environment, Human Rights – based civil society organizations and the Kenya Association of Manufacturers (KAM). “Stakeholders support the Bill and think that it can be significantly improved by addressing the issue of waste management. But they expressed the need to balance between eradicating the polythene menace and protection of investments’, the report says in part.
In Uganda, Hon. Valerie Nyirahabineza informed the House of a law banning plastics which was enacted in April 2015.
“There are continuous awareness creation campaigns and proposals to restrict the ”kaveera” (plastic carrier bag) ban of 30 microns”, she said.
Representatives of the manufacturers (Uganda Manufacturers Association - UMA) said they had been left out during consultations on the EAC Polythene Materials Control Bill, 2016. For that purpose, the Committee interacted with them in Kigali, Rwanda on Wednesday 8th March 2017. In the presentations, UMA stressed the importance of waste management through recycling as a way reducing negative impacts of plastics on environment. In the alternative, UMA recommended that polythene industries be regulated by the 3 Rs solution (reduce, re-use and recycle). Their plea to the Committee thus was to let EAC countries continue using polythene materials, then re-use, reduce and recycle them.
The Republic of Rwanda on its part is in full support of the Bill as the plastic usage ban started in 2004 after a Policy was approved by Cabinet. Four years later, the country enacted a law which is enforce.
The United Republic of Tanzania is yet to submit their submissions according to the Chair of the Committee. “A letter was sent to the United Republic of Tanzania requesting them to send their submissions”, she told the House.
The apex body of the Private Sector in the region, East African Business Council wrote to the Speaker of EALA, Rt Hon. Daniel F. Kidega requesting for further consultations and more time for the Private Sector to submit their Memorandum on the bill.
During submission, Hon. Mumbi Ngaru lamented over the frustration and pain of implementing waste management system and said there was need to rid the region of polythene materials. She however noted the ban will interfere with the national economies in terms of loss of jobs and other incentives in the private sector.
Hon. Dora Byamukama said time had come to rid the region of polythene bags.
“Sometimes I travel from Kigali to Katuna to Kabale in Uganda. When you travel to Rwanda, you are compelled to dump the plastics and polythene bags before you cross into Rwanda. When travelling towards Uganda, you witness and see the actual dump of plastics even on the roads. The issue is really clear. How much longer should we wait and what is sufficient consultation? she posed.
“A time is coming when we shall be unable to have recourse for the polythene materials. We need to take action now…let our grandchildren coming after us, not suffer from our non-action,” she said.
Hon. Maryam Ussi said the comments from the United Republic of Tanzania were expected to be dispatched. We need to wait since all Heads of State shall be entitled to assent to it.
Hon. Nancy Abisai remarked that ideally, there was need to enact the Bill. “However, we must be alive to the processes happening around us. Let us allow for the proposals to be looked at so that we have consensus on the Bill”, she added.
Others who supported the Bill were Hon. Shyrose Bhanji, Hon. Mike Sebalu, Hon. Susan Nakawuki, Hon. Mukasa Mbidde, Hon. Oda Gasinzigwa, Hon. Joseph Kiangoi, and Hon. Taslima Twaha. Hon. Chris Opoka, Hon. Martin Ngoga and Hon. Nusura Tiperu also supported the Bill.
Deputy Minister for EAC, Maganda Julius Wandera said the Bill was key to contain environmental degradation. “The Bill is popular across the region. However, he called on the House to take cognizance of the petition by EABC – which represents the business people”, he said.
Rule 30 ( c ) of the Rules of Procedure of the Assembly states that a Motion for adjournment may be moved without notice.
Meanwhile, the Ministry of Environment in Kenya released a gazette notice banning the plastic bags effective on September 1st 2016 in the country. The notice signed by Hon. Judi Wakhungu, Cabinet Secretary for Environment and Natural Resources says in part,
“it is notified to the public that the Cabinet Secretary for Environment and natural resources has with effect from 6 months from the date of the notice and banned the use, manufacture and importation of all plastic bags used for commercial and household packaging defined as follows:” a) Carrier bag – bag constructed with handles and with or without gussets; b) Flat bag – bag constructed without handles and with or without gussets.
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For more information, please contact:
Mr Bobi Odiko Senior Public Relations Officer East African Legislative Assembly Arusha, Tanzania Tel: +255-27-2508240 Fax: +255-27-2503103 Cell: +255-787-870945, +254-733-718036 Email: BOdiko [at] eachq.org Web: www.eala.org
About the East African Legislative Assembly:
The East African Legislative Assembly (EALA) is the Legislative Organ of the Community and has a cardinal function to further EAC objectives, through its Legislative, Representative and Oversight mandate. It was established under Article 9 of the Treaty for the Establishment of the East African Community.
East African Legislative Assembly; Kigali, Rwanda; 15 March 2017: The regional Assembly is calling on the EAC bloc to work closely with cross border pastoral communities to ensure the proactive and effective implementation of the Common Market Protocol.
At the same time, it is anticipated that effective operationalization of One Stop Border Post (OSBP) in the Namanga frontier shall ease trade in the area and specifically in the border areas of Longido, Tanzania and Kajiado, Kenya.
The House yesterday unanimously passed a Report of the Committee on Regional Affairs and Conflict Resolution on the Public hearing on Pastoral Communities on Longido in Tanzania and Kajiado in Kenya on the implementation of the Common Market Protocol projects. The report presented to the House by Hon. Mike Sebalu follows a Public Hearing by the Committee on the Pastoral Maasai Communities of Longido in Tanzania and Kajiado in Kenya on February 19-27, 2017, in the context of the Common Market Protocol.
The assessment was a follow up of the fact-finding mission earlier conducted by the Assembly’s Committee on Pastoralists living in Kapenguria and Kacheliba in Kenya and Nakapiripirit in North Eastern Uganda, in May 2012.
The Committee examined the free movement of persons in the pastoral communities as it sought to understand the level of security among pastoral communities. It further sought to identify the challenges faced by pastoralists in the context of the Common Market Protocol; and the problems thereto.
In its findings, the Committee observed that the two cross border pastoral communities of Longido, Tanzania and Kajiado, Kenya, are interrelated by blood and marriage. Essentially, the report depicts the Maasai speaking people transcend the Tanzania and Kenya borders thus share a cosmology and history that predates colonial experience.
One of the negative impacts of the Berlin Conference, the report states, is the interference and interruption of family and cultural ties of the Maasai that occupy the Longido and Kajiado plains.
“This is the historical context under which the Committee on Regional Affairs and Conflict Resolution undertook the oversight visit to the Maasai communities living on both sides of the Namanga border”, a section of the report states.
The report calls for proactive measures when it comes to providing rapid response, investigation and dispute resolution at community level.
According to analysts, pastoralism is a viable livelihood for a considerable population of East Africans, for over a century now. However, pastoralists have suffered prejudicial treatment reinforced by discriminatory laws and state policies. Developmental interventions in pastoral areas have been characterized by ignorance about pastoralists and the pastoral system.
The Committee’s report further states that many developmental projects have failed in pastoral areas because of stereotypical views held by those in authority (development agencies, NGOs and CSOs). Pastoral areas today are characterized by poverty, lack of economic opportunities, conflicts, low education and poor infrastructure.
The report also states in part that Namanga OSBP did not make provisions for livestock trade and still restricts trade in livestock.
The report observes that a majority of stakeholders on the Tanzanian side of the border lack sufficient knowledge on the operations of the EAC Common Market.
“Most of them thought of an existence of a big market under one roof where people meet for trading purposes”, the report says in part.
Stakeholders at Longido (Tanzanian side) expressed concern about the issue of special passage fee charged per head of cattle transiting on private parcels of land and or boreholes while taking them to the market at the Kaijado County on the Kenyan side.
On the reverse, stakeholders and pastoral communities on the Kenyan side lamented about the challenges encountered, including high population growth rates, encroachment of crop farming on grazing lands, privatization of rangelands and resultant land grabbing as well as insecure land tenure and environmental degradation.
Other challenges faced include conflicts (violent/arms), climate change and variability, unsound development and unfavourable trade policies biased in favour of crops. At the same time, the report cites cheap cows and or beef from Tanzania leading to distortion of prices, ineffectiveness of pastoral traditional risk management strategies, increased food insecurity and poverty levels among pastoralists.
During debate, Hon. Dora Byamukama noted that infrastructure had been enhanced on both sides of the border and said this was a good move aimed at enhancing trade and the integration process. “There is also a good foundation and every reason for the communities living at the border to speed up integration. The people are already moving and integrating”, she said.
“Policy makers must do their part to ensure we realise the objectives of integration”, Hon. Byamukama added.
Hon. Martin Ngoga said the communities living at the border points were ahead of the technocrats when it comes to enabling movement, mutual support to each other and business.
“In future planning, we should think of joint sensitisation programmes and joint on-spot assessments so we can understand the issues together and understand integration”, Hon Ngoga said.
Hon. Sarah Bonaya said women were key stakeholders in the pastoralists communities since they were the home makers. Hon. Bonaya remarked that the vast lands the communities owned and inherited were no longer tenable due to the increase in investments among other things.
“It is time the Communities began looking at cottage industries including other value addition initiatives as alternatives”, she said.
Others who raised support during debate were Hon. Susan Nakawuki, Hon. AbuBakr Ogle and Hon. Dr Nderakindo Kessy.
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For more information, please contact:
Mr Bobi Odiko Senior Public Relations Officer East African Legislative Assembly Arusha, Tanzania Tel: +255-27-2508240 Fax: +255-27-2503103 Cell: +255-787-870945, +254-733-718036 Email: BOdiko [at] eachq.org Web: www.eala.org
About the East African Legislative Assembly:
The East African Legislative Assembly (EALA) is the Legislative Organ of the Community and has a cardinal function to further EAC objectives, through its Legislative, Representative and Oversight mandate. It was established under Article 9 of the Treaty for the Establishment of the East African Community.
East African Court of Justice; Arusha, Tanzania; 15 March 2017: The First Instance Division heard an Application filed by Castro Pius Shirima a Tanzanian resident against the EAC Partner States and the Secretary General. The Applicant is seeking the Court’s order for stay of signing the European Partnership Agreement (EPA). According to the status of the Partner States on the signing of EPA, the Counsels representing the Respondents confirmed that the Republics of Kenya and Rwanda have signed the Agreement. And Kenya has even ratified. However they are asking Court to order the 2 Partner States stay any other pending procedures.
The Applicant’s agent Mr. Moto Matiko Mabanga, submitted that, it is very clear that Kenya and Rwanda have signed the EPA, however they also have to come to an agreement with other EAC Partner States to sign one single document of the Agreement. He also said that the Republic of South Sudan as a state which did due diligence before joining the Community and the fact that it is a member of the EAC, makes it automatically part of the negotiation and therefore it cannot say it was not involved in the negotiations.
He further urged that the Community must ensure that it does not fall into the same disagreements and different conclusions by different Partner States which led to the collapse of the previous EAC, but rather achieve the fundamental Principles of the Community, to build a sustainable Community and its economy.
Moto also said that, the legal representatives of the EAC should not be involved into arguing on the technicalities but look at what will sustain the region. He again added that, even if Kenya and Rwanda signed the EPA, due to purposes of Justice, it can be reversed. He finally called Court grant orders as sought.
Mr. Nestor Kayobera representing Burundi submitted that, the Applicant is requesting Court to stop the Partner States which have not signed stay from signing but did not ask for withdrawal of those that have signed already. He further said that, it is the 1st Respondent’s contention that, the Application is not necessary neither desirable in accordance to Article 39 of the Treaty for the Establishment of the East African Community on granting of interim orders. Article 39 provides that, “the Court may in a case referred to it make any interim orders or issue any directions which it considers necessary or desirable”
He also added that Burundi as sovereign state will sign EPA at an appropriate time as other Partner States have signed.
Further still, Kayobera submitted that, the Court has set three conditions for granting interim orders; 1) that if the Reference has a pre-mafacie case and a probability of success. That in his view there is no pre-mafacie case and no probability of success; 2) that if the Applicant will suffer irreparable injury, he urged that, the Applicant has not shown court which economic injury he will suffer if the 1ST Respondent signs the EPA; 3) that the other important condition is that the Court will consider the balance of convenience. He also added that the Applicant has not shown why he is requesting for the stay but rather based on his arguments which are speculative. He asked Court to dismiss the Application.
2nd Respondent Kenya represented by Ms. Jenifer Gitiri, submitted that they raised points of pre-preliminary objections pursuant to rule 41 of the EACJ Rules of Procedure; whether the Court has jurisdiction to hear the matter; whether the disputes raised by the Applicant are a dismissible; whether an order of stay should be granted especially for Kenya which has signed the agreement already.
Ms. Gitiri urged that, pursuant to Article 27 (1) of the Treaty which provides that; “Court’s jurisdiction to interpret under this paragraph shall not include the application of any such interpretation to jurisdiction conferred by the Treaty on organs of Partner States”. She further said that the signing of EPA is a Treaty making process which is a mandate of the sovereign state and therefore jurisdiction of the Court does not extend to the sovereignty of the Partner States in EAC.
She also submitted that the process of signing of EPA begun way back in 2004 under the APC African Pacific Caribbean group of states under EU and that mandate was in exercise of their sovereignty as states, that so it cannot be challenged in this court. She again stated that EPA negotiation were made pursuant to Article 37 of the Protocol for the Establishment of EAC Customs Union as well as Article 37(1) of the Protocol for the Establishment of EAC Common market, that therefore it cannot be admissible in this Court.
Ms. Gitiri also urged that Article 130 (3) of the Treaty provides that “with a view to contributing towards the achievement of the objectives of the Community, the Community shall foster co-operative arrangements with other regional and international organizations whose activities have a bearing on the objectives of the Community” She therefore added that when EAC Member States agreed to negotiate on the EPA, they were doing it to foster the activities that are a bearing to the objectives of the Community. That therefore the Applicant cannot purport to stop the functions of the sovereign states in signing this agreement. Again she added that on the 17th Extra-ordinary Summit, the Heads of State discussed the issue and agreed that they will meet at a later time so that other Members which have not signed can sign. She therefore submitted that if the Summit have seized the issue then it is not admissible to this Court.
The 2nd Respondent (Kenya) further contended that according to Article 30 (2) of the Treaty which provides that; “any proceedings must be constituted within two months from the day the Applicant came into the knowledge of the complaint”. She added that the negotiation in EAC started in 2004 and the EAC Member states chose configuration where they will negotiate as the block. From that time the Summit met in 2004 and 2007 and made decision that they will negotiate. That the negotiation were completed in 2014 when the agreement was initiated by the Heads of State which signified the finalization of the EPA negotiation and the Partner states proceeded with the legal translation of the documents and completed in September 2015. She therefore challenged the Applicant that failure to file the dispute within the time limit as stipulated in the Treaty makes the application being time barred and so asked Court to dismiss the Application.
In addition Ms. Gitiri submitted that, the Applicant has not tendered any evidence to Court, how he will be prejudiced by the signing of the EPA. That failure to do that the Application should not be granted.
Mr. Onguso also for the 2nd Respondent added that the Applicant failed to demonstrate the other processes that should be stayed as against the States which have already signed and ratified (Kenya and Rwanda) and also that he failed to show which errors those two Partner States have made by signing the EPA. So in conclusion he said that, on that basis the applicant doesn’t qualify to benefit from the prayers he sought.
The 3rd Respondent (Rwanda), the Counsel Mr. Nicholas Ntarugera submitted that he fully supports the submissions of the 2nd Respondent (Kenya), he went ahead and said that the Applicant has failed to clarify the damages he will suffer from the signing and the Community as whole and that Rwanda signed EPA as its obligation as a Member of EAC. That the un mentioned pending procedures the Applicant is complained of should not be entertained by this court.
The 4th Respondent (South Sudan), represented by Mr. Moses Swake submitted that, RSS was not part of the negotiations which took place before its admission to EAC and that the ruling this Court will deliver will not be binding South Sudan. He furthers added that the Applicant has not exactly mentioned what the issue is but he just said that the EAC Member states are not working together. In his view he said that, the members came together for the benefit of the region and its people.
The 5th Respondent (Tanzania), represented by Mr. Mark Mulwambu submitted that the Applicant has no cause of action against the 5th Respondent. He also said that, Tanzania has not signed EPA and has not indicated that they intend to sign the Agreement, that the allegations by the Applicant don’t have anything substantive and therefore wastage of time and abuse of process and should be dismissed with costs.
The 6th Respondent (Uganda), represented by Elisha Bafirawara, submitted that, they associate themselves with other respondents and also added that looking at the benefits of signing EPA Agreement will bring to the EAC as a region, that they find that to injunct the process of signing will cause a lot of inconvenience to the EAC Partner States and the Applicant will not be affected at all.
The 7th Respondent Secretary General represented by Stephen Agaba, submitted that, the Secretary General disapproves the urgency of the application and that it is based on misinformation and speculation because he did not show the cause of action against the 7th Respondent. He again said that the order sought by the Applicant court to direct the Secretary General to withdraw from negotiations, that the applicant does not know the role of the Secretary General in the negotiations of signing the Agreement.
Agaba still said that, the negotiations are spearheaded by the Heads of State and therefore the SG cannot be directed to withdraw from the negotiations. Further, that there are no negotiations going on, they were concluded and now on the level of signing and ratification and so the 7th Respondent from something that is not taking place. That they find the order sought misplaced and so be dismissed.
The Court will deliver its ruling on notice.
The matter was before Honorable Mr. Justice Isaac Lenaola (Deputy Principal Judge), Honorable Dr. Justice Faustin Ntezilyayo, Honorable Mr. Justice Fakihi A. Jundu
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For more information, please contact:
Yufnalis Okubo, Registrar, East African Court of Justice. Tel: +255 27 2162149 Email: Okubo [at] eachq.org East African Court of Justice Arusha, Tanzania http://www.eacj.org
About the East African Court of Justice:
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States.
