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.
The 2nd EAC Child Rights Conference themed Coordinated and Sustained Investment in Children is taking place on 25th to 26th August 2016 at the Desmond Tutu Conférence Centre in Westland in Nairobi, Kenya.
The 2nd EAC Child Rights Conference will launch the adopted EAC Child Policy and discuss the strategies for national implementation; take stock of the progress made towards the realisation of Child Rights based on the 1st EAC Conference and the Bujumbura Declaration commitments; and share experiences on the progress made in the realisation of Child Rights in the EAC and how to address the challenges encountered during implementation.
The Conference will also identify key and common barriers that negatively impact on the realisation of Child Rights in the EAC; and provide a platform for facilitating children participation in the definition of processes for integration of the EAC Child Policy at national level.
Commenting a head of the Conference, the EAC Deputy Secretary General in charge of Productive and Social Sectors, Hon. Jesca Eriyo said “using the EAC Child Policy as the point of convergence, the EAC Secretariat is advocating for “an East African agenda for the promotion of the Rights of the Child”.
This agenda will be implemented through enhancing the contribution of a wide range of stakeholders including Children. The agenda will present general principles and strategies that will ensure EAC’s actions are exemplary in ensuring the respect of provisions of the UN Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child, and the EAC Child Policy.
“Furthermore, Partner States need to enhance accountability in Child Rights, especially budget allocation, delivering social services to children such as quality education, health, water, sanitation and social protection”, noted the EAC official, adding that “special focus should be given to vulnerable children, for example Internally Displaced Children, refugees, children in disaster, conflict and other emergency situations, children living and working on the streets, children with disabilities, children in conflict with the law, children heading households, child forced into prostitution, among others”.
It is now a matter of time before the Community reinvigorates the EAC Climate Change adaptation programme. With it, the Council of Ministers is also being urged to re-establish the Climate Change Unit at the EAC, which faced closure last year due to perilous lack of funds. The move follows a Resolution of the Assembly moved to invoke Article 59 (3) (B) of the Treaty to revive the EAC climate Change adaptation and mitigation program.
Mover of the Resolution, Hon Abubakar Zein, reiterated that following the dissolution of the key unit at the EAC Secretariat, critical work that had being done was interrupted.
“Though the eventuality came to pass, the Council is taking efforts to re-look into the revival of the key programme”, Hon Zein added.
With the passage of the Resolution, the Council of Ministers is now expected to make tangible proposals on how to secure the work undertaken or yet to be done under the EAC Climate Change Programme including the possibility of creating a budget line for the same.
Within the next four months, the Council is to table before the Assembly a comprehensive report on the background to the establishment of the EAC Climate Change Programme circumstances that led to the shutting of the unit and possible negative impacts the Community may suffer.
Contributing to the debate on the Resolution, Hon Patricia Hajabakiga said it was shocking that the Climate Change Unit was closed at a critical time when the EAC and the continent needed to come up with a common position during the negotiations of the Paris declaration.
“Last year the world gathered in Paris, France, to chart the way forward on climate change. Essentially, analysts contend that if not dealt with, climate change would essentially begin to deal with the inhabitants”, Hon Hajabakiga said.
She said the Assembly had over the last few years passed a total of 4 resolutions related to matters of climate change. “The Council of Ministers needs to understand that climate change is a major challenge and we must speedily act”, the legislator said.
Hon Dora Byamukama said climate change and conducive environment were part and parcel of fundamental rights.
“We should move beyond mitigation to include adaptation, which requires us to look at green housing, irrigation and planting of seeds among others. I plead with the Council of Ministers to take the matter very seriously”, she said.
“We must be able to feed ourselves if we are to sustain our dignity on the face of the earth”, Hon Byamukama added.
Hon Mike Sebalu said the centrality of integration lay in its trickle-down effect to the people. He remarked that leaders must be strategic thinkers and must prioritise key strategic areas.
“The issue of climate change is critical, topical and on top of the global agenda. Today, it affects critical issues of life and it is important for the region to set exemplary practices and good examples”, he said.
Hon Shyrose Bhanji said without the climate change programmes, the region’s environment including flora and fauna would be at risk.
“Let us take an example of Mount Kilimanjaro summit whose ice is diminishing at the moment due to negative climate change. A day may come when the mountain has no ice or water, therefore, there is an acute need to re-establish the unit” Hon Bhanji remarked.
Hon Saoli ole Nkanae informed the House research shows the Sahara desert was moving south towards the region while the water at Antarctica is melting which could lead to a serious case of desertification.
Hon Taslima Twaha termed the closure of the unit unfortunate and called for its immediate re-establishment.
Hon Martin Ngoga said it was necessary for a policy on sustainability to be in place. There are certain strategic areas and we need to see how best sustain such units.
Hon Dr Ndahiro asked the Council to operationalise the Private-Public Sector Partnership (PPP) framework and as such include the Private Sector and Civil Society Organisations in management of climate change.
The Third Prime Minister and Minister for EAC, Uganda, Rt Hon Kirunda Kivejinja said the Council of Ministers was already seized of the matter and would pay serious consideration to the content of the Resolution. He said deforestation if unchecked would result in consumption of loads of firewood.
At the 24th Meeting of the Council of Ministers held in November 2011 in Bujumbura, the Council approved the establishment of the Climate Change Programme Management to proceed after the signing of the Financing Agreement. In July 2012, the agreement between COMESA, EAC and SADC was signed to establish the Tripartite Programme.
The East African Legislative Assembly resumed its session in Arusha, Tanzania, today, where it debated and passed a critical report on poaching in the region. The Assembly in essence, urged EAC Partner States to reform wildlife laws and to put in place initiatives that promote upkeep of communities that neighbor the wildlife conservancy areas.
The Oversight report on poaching presented to the House by the Chair of the Agriculture, Tourism and Natural Resources Committee, Hon Christophe Bazivamo, further urges Partner States to develop/improve wildlife conservation strategies and protection measures through patrols, joint cross border operations, surveillance and information sharing.
With it, the Assembly says Partner States should and can provide part of the revenue collected from wildlife tourism to the communities living around the National Parks to promote conservation.
The report emanates from a workshop on poaching and fisheries held in Mwanza, Tanzania and in Nairobi, Kenya in August 2014. Its objective was to sensitize Parliamentarians on the escalating problem of poaching and illegal wildlife trafficking in EAC region and to solicit their views on strategies and measures that could be adopted in addressing the problem. The workshop further sought to consider existing international and regional policies, strategies and regulatory framework/instruments on wildlife management on the one side as well as the current and proposed national and regional initiatives toward strengthening wildlife conservation on the other hand.
The report was a follow –up on the Resolution moved in the House by Hon. Ogle Abubakar on “Escalating problem on Poaching and Illegal Wildlife trafficking in EAC” in August 2013 in Arusha.
The Committee was only able to visit the Serengeti National Park and the Mwaloni Kirumba fish market in Mwanza, Tanzania as well as the Nairobi National Park. The Serengeti National Park is dubbed as one of the park’s with the greatest concentration of game in the region and famed for over two million wildebeest, half a million Thomson's gazelles and a quarter of a million, zebras. The Committee observed that mining settlements are interfering with the migration path of some animals and mechanized agriculture has taken over where wildebeests would historically breed their calves.
This has caused a loss of habitat for many species in the Serengeti. At the same time, Hon Bazivamo informed the House that non-authorized people enter into Serengeti National Park for various reasons. Such include poaching, hunting, cutting trees/firewood, grazing, fishing, cultivation and mining. Persons also traverse the parks collecting grass, medicine, honey, water and seeking refuge.
In Kenya, the Assembly was informed that proliferation of small arms and light weapons created an avenue for wildlife poaching. Other documented challenges include inadequate man power (rangers), skills, equipment and transport as well as human settlement around key rhino and elephants’ areas.
The Report also highlights findings of the fishing sector following a visit to the Mwaloni-Kirumba fish market in Mwanza as well as a presentation by experts on fisheries on the Lake Victoria. It states in part that the increasing number of fishermen to 1.5% between 2012 to 2014 means the sector is in danger of collapse in the future.
“Usually, any natural water points (such as lakes, rivers) have a maximum number of fishing effort it can accommodate so that the fisheries become sustainable, above which the fisheries become depleted, unsustainable and will eventually collapse”, a section of the report says.
The report also informs the House of decrease of the use of long-line hooks as well as the use of prohibited illegal gillnet as challenges despite its decrease in usage by 7.2%.
During debate today, Hon Martin Ngoga said Police in Rwanda recently intercepted ivory cargo transiting through the country and said further deficiencies in legislation on matters of poaching need to be effectively handled.
“We have to look into the shortcomings on legislations with a view to coming up with regional piece of legislation or strengthening those of Partner States,” the legislator said.
Hon Ngoga remarked that there was abundance of political will in resolving the poaching impasse but said such capacities need to be strengthened. Hon Taslima Twaha said the water hyacinth continued to be a challenge in Tanzania saying it was depriving fish of existence.
“The technology that was used in the Republic of Kenya in Kisumu could be shared in Mwanza to address the problem”, Hon Twaha said. He said fish and specifically the nile perch was good for health of all citizens and that it was vital for the demands of the region to be fully met before any exports. Hon AbuBakr Ogle said the Middle East and specifically China was a big beneficiary of poaching menace and it was necessary for the Government and the EAC to partner together to end the vice.
Hon Shyrose Bhanji said the fish market provided labour opportunities for those in the fishing business. She remarked that the Serengeti national park which straddles Arusha, Manyara and Mwanza which had a rich ecosystem for a number of years was now deprived and pegged at 30%. “The Park needs to be preserved and mining activities should be suspended and stiff penalties meted to poachers. Our governments must come together to fight the malpractices” she said.
Hon Isabelle Ndahayo said corruption was a key ingredient of poaching and the region needs to stem the vice. “We have debated the matters over and over again, passed a number of resolutions. The conservation areas are shared and a joint strategy is necessary. The Council of Ministers must deal with the matter squarely”, Hon Ndahayo said.
Hon Nusura Tiperu said the adoption of the report was a key indication that the Assembly is passionate about ending poaching. “Governments must be tough and act to save those working to deplete numbers. Animals have no borders and laws that are defined within national borders may not suffice. Instead a regional mechanism is key” Hon Tiperu said.
Hon Maryam Ussi, Hon Pierre Celestin Rwigema, Hon Dr Odette Nyiramilimo, Hon Patricia Hajabakiga also supported the report.
Third Deputy Prime Minister and Minister for EAC, Republic of Uganda, Rt Hon Kirunda Kivejinja said a regional mechanism was necessary to contain poaching. Kenya, United Republic of Tanzania and Uganda are beneficiaries of the Ivory Fund whose contributors include; Netherlands, Germany, China, UK, France Belgium and South Africa. Kenya and Tanzania have been identified to be among the eight countries of concern with respect to increased illegal trade in elephant ivory and directed by the Convention on International Trade on Endangered Species (CITES) Parties through the Standing Committee to put in place actions aimed at reducing the illegal trade.
The East African Court of Justice’s Appellate Division heard an appeal filed by Mr. Simon Peter Ochieng and John Tusiime (the Appellants, both Ugandans) challenging the decision of the First Instance Division which was delivered on 17th August, 2015.
The matter came for the bench of the Appellate Division that includes Honourable Justices Dr. Emmanuel Ugirashebuja (Judge President); Liboire Nkurunziza, (Vice President); Justice James Ogoola; Justice Edward Rutakangwa; and Justice Aaron Ringera.
The Court’s First Instance Division when delivering its judgement had ruled that the President of the Republic of Uganda had not arbitrarily refused to appoint the Judges of the High Court, Court of Appeal and Supreme Court of Uganda. The Appellants in their petition hold that the First Instance Division erred in law and urged the Appellate Division to overrule the decision of the lower Court.
The Counsel for the Appellants, Mr. Ladislaus Rwakafuzi, submitted that the First Instance Division held that the Applicants had not proved that the President of Uganda had not arbitrarily refused to exercise his power in appointing the Judges of the Supreme Court and Court of Appeal because the appointment of Judges was an ongoing process because it included pre-appointment, exercising due diligence by the President who is the appointing authority.
The First Instance Division further ruled that there was lack of resources particularly a need for a certificate of financial implication and that the Judges could not be appointed without the certificate of financial implications. It also held that the President had not received the recommendations of the Judicial Service Commission (JSC).
Lawyer Rwafakuzi reiterated his previous submissions before the lower court that the President of Uganda was exercising powers he didn’t have when he refused to appoint the number of Judges as recommended to him by the (JSC) particularly the Justices of the Court of Appeal and the Supreme Court by 23rd December, 2013 when the Appellants filed their case before the Court. He added that by that time, the Court of Appeal had only seven (7) Judges instead of fifteen (15), and the Supreme Court had five (5) instead of eleven (11).
Rwakafuzi submitted that Ms. Christine Kaahwa, the Counsel for the Respondent, had in the hearing of this case before the First Instance Division, filed a letter from the JSC that there was already an appointment of the Chief Justice and the Deputy Chief Justice and that they were planning to appoint seven (7) more Justices for the Court of Appeal and six (6) more Judges for the Supreme Court, which the Applicants thought to be an admission that there was a failure of appointment of judges, a Respondent’s argument that was accepted, that the appointment of Judges was ongoing.
The Appellant’s lawyer further said that it was well known that when the Judges are appointed, they were of different ages at the time they are appointed and that it is within the law as to when those Judges will retire and therefore it cannot be surprising to any establishment as to when there will be a vacancy, that vacancies are known before hand. Rwakafuzi added that, for a government to wait to have Judges that go so much below the number that is required by the Constitution, was governance issue and that is why the Appellants came to Court and thought that it was an arbitrary exercise of power and interferes with the independence of the Courts.
Rwakafuzi again said that, the Supreme Court is established by Article 30 of the Constitution of Uganda, which provides that “the Supreme Court shall consist of the Chief Justice and such number of Justices not being less than six (6) as Parliament shall by law describe.”
He also said that the Judicature Act was amended in 2011 to increase the number of the Supreme Court Judges to eleven (11) and that the JSC forwarded the names of the Persons for appointment to the President accordingly, that therefore the refusal of appointment of Judges as recommended by the JSC and as required by the law was arbitrary refusal and an infringement of the Treaty for the establishment of the East African Community under Article 6 (d) and (e). The Applicant asked Court to find that the President acted arbitrarily.
On her part, Ms. Kaahwa, the Counsel for the Respondent submitted that, the Budget Act of Uganda, Section 10 states that “every bill introduced in Parliament shall be accompanied by its indicative financial implications if any on revenue and expenditure for the period of two years after coming into effect.” Ms. Kaahwa contended that the Section shows the estimates of what it would cost to implement the provisions of the Act but it does not show specifically that that money has been set aside, but an estimate for the appointments to effect those appointments.
She also submitted that since the Judicature Act provides the Judges of the Supreme Court to be nine (9) and the Court of Appeal to be fifteen (15), the appointment was work in progress and that there were no time frames within which to appoint those Judges and the First instance Division agreed with the Respondent’s argument.
Ms. Kaahwa concluded by asking the Court to uphold the judgment of the First Instance and also find that those are internal mechanisms which this Court should not be going into. She also added that this is still a public interest litigation and each party should bear their costs.
The East African Legislative Assembly (EALA) resumes its Sessions in Arusha, Tanzania, next week. The First Meeting of the Fifth Session of the Third Assembly takes place from Monday, August 22nd 2016 to Friday, September 2nd 2016.
The Assembly is to be presided over by the Speaker, Rt. Hon Daniel F. Kidega. Top on the agenda during the two-week period is debate on the Report of the Committee on Accounts on the EAC Audited Accounts for the Financial Year ended 30th June 2015. The report which examines and considers the EAC Audited accounts for the year ended 30th June 2015, arises from the audit of the EAC Organs and Institutions including 20 projects and Programmes and this in accordance with Article 134 of the Treaty for the Establishment of East African Community.
Upon completion of the audit, the EAC Council of Ministers tabled the Report of the Audit Commission to the House on 24th May 2016. The Audit Commission’s report which indicates that the overall budget performance stood at 65% is set for debate at a time when the Community is facing a precarious funding situation.
The House is further expected to consider a Report of the Committee on Agriculture, Tourism and Natural Resources on the oversight activity on the Tourism in the EAC Region. Also coming up for debate during the two-week period is yet another report of the Committee on Agriculture, Tourism and Trade, this time on the oversight activities on poaching in the EAC Region.
As part of its engagements with the other stakeholders in the region, EALA will similarly receive a key report on youth matters at the EAC, a culmination of research undertaken by the East African Institute (EAI), a think-tank under the aegis of the Aga Khan Development Network (AKDN).
Also on the cards is yet another presentation by the Organisation for Social Science Research in Eastern and Southern Africa (OSSREA) on Horizontal Accountability of the Executive to the Legislature in African perspective.
EALA Sittings are held under the principle of rotation in line with Article 55 of the EAC Treaty. At the same time, the Assembly works closely with various stakeholders and receives petitions on matters of relevance to the Assembly.
