The days of human trafficking within the EAC region is now numbered. This follows the enactment of the EAC Anti-Trafficking in Persons Bill, 2016, this afternoon by the Assembly.
The Bill moved by Hon Dora Byamukama received affirmation from the entire House as it resumed for its 2nd Meeting of the 5th Session. The Bill now awaits the assent of the EAC Heads of State in line with Article 63 of the Treaty of the Establishment of the EAC. In the event that all Heads of State assent to the Bill, it shall become an Act of the Community, taking precedence over the laws of the Partner States on the same matter.
The object of the Bill is to provide for a legal framework for the prevention of trafficking in persons, prosecution of perpetrators of trafficking in persons, provision of protection mechanisms and services for victims of trafficking in persons and development of partnerships for co-operation to counter trafficking in persons in the Community. Prior to enactment, the Assembly constituted itself into a Committee of the whole House and digested the Bill clause by clause, incorporating the amendments.
The debate on the Bill was preceded by the tabling and presentation of the Report of the Committee on Legal Rules and Privileges on the EAC Anti-Trafficking in Persons Bill, 2016. The Report presented by Hon Maryam Ussi, follows public hearings on the subject matter held in the Partner States in September 2016.
The Report among other things, ascertains that the crime of trafficking in persons is prevalent in all EAC Partner States. In comparing the magnitude of the problem in EAC Partner States with other countries, the Committee referred to the Trafficking in Persons Report published yearly by the Department of State of the United States of America.
The report ranks all countries in the world in to three TIERS: TIER 1, TIER 2, TIER 2 Watch List, and TIER 3 basing on the respective Government’s efforts against trafficking as measured by the Trafficking Victims Protection Act of 2000 (TVPA) standards. The key parameters considered in ranking countries are actions taken in the prosecution, protection and prevention sections of trafficking in persons of that country.
TIER 1 comprises countries whose Governments fully meet the Trafficking Victims Protection Act’s (TVPA) minimum standards. TIER 2 which comprises countries whose Governments do not fully comply with the TVPA minimum standards, but are making significant efforts to bring themselves into the compliance with those standards.
TIER 2 Watch List, comprises of countries whose Governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards. This category further commits to undertake additional steps over the next year in combating trafficking in persons.
TIER 3 on its part, encompasses countries whose Governments do not fully comply with the minimum standards and are yet to make significant efforts to do so.
According to the Trafficking in Persons Report, published in 2016, the Republics of Kenya and Uganda, are grouped under TIER 2. The Republic of Rwanda and the United Republic of Tanzania are ranked under TIER 2 Watch List, while the Republic of Burundi is ranked under TIER 3.
During the public hearings and interactions in the Partner States, a number of comments were picked from stakeholders to boost the Bill. In Burundi, the legislators were told that parents should be encouraged to take measures towards keeping their children within the family set-ups, while respective Embassies and Missions abroad, should be tasked with liberating and repatriating victims found within their respective stations of duty.
In Kenya, the stakeholders told EALA legislators to ensure the Bill tightens laws against employment agents who sometimes engage in recruiting people for trafficking. They further suggested the proposed minimum penalty of ten years of imprisonment for offenders engaged in trafficking in persons was too lenient and that it should be stepped up.
In the United Republic of Tanzania, EALA Members were tasked to ensure the Bill provides for the protection of People With Disabilities (PWDs) and for the protection of witnesses. They further called on the law to criminalize perpetuators, promoters and facilitators of the offence.
While in Rwanda, legislators were urged to ensure the Bill provides a provision for return of a trafficked persons from the hosting Partner State. This, they suggest should be preceded by a risk assessment and with due regard for his/her safety to the home country.
Legislators were tasked to safeguard the role of Foreign Missions in stemming human trafficking is emphasised in Bill, while on the tour in Uganda.
“The EAC Partner States should form specialised units or focal point offices to handle various aspects of human trafficking like child labour, and prostitution”, the Members were informed.
The Committee also noted that the Republics of Burundi, Kenya, Uganda and the United Republic of Tanzania, have specific laws on counter-trafficking in persons and which are in tandem with the UN Protocol. However, the penalties for offences under the laws of Partner States differ from one jurisdiction to another. The Republic of Rwanda is yet to enact a specific law on counter-trafficking in persons even though, offences and penalties for trafficking in persons are provided for under the Penal Code.
The Report was supported during debate by Hon Martin Ngoga who said human trafficking was a major problem in the region and called for more concerted efforts in stemming the same. Hon Nancy Abisai said it was important for the modes of adoption to be streamlined and adhered to. Hon Isabelle Ndahayo said corruption was a key factor in the fight against human trafficking.
Hon Chris Opoka said the enactment of the Bill was timely. He remarked that women and children who are vulnerable continue to be trafficked largely for sale of their body-parts. “This ritual must be condemned and discontinued”, he said.
Hon Adam Kimbisa said the region had for several years been a hunting ground for trafficking in persons where able-bodied people have in the past also been. He cited the need to stop wars, eradicate poverty, create wealth and check corruption as a means to stemming the scourge.
Hon AbuBakr Zein, Hon Mike Sebalu, Hon Valerie Nyirahabineza and Hon Dr Odette Nyiramilimo also supported the Bill. Others who rose in support of the report were Hon Susan Nakawuki, Hon Mumbi Ngaru, Hon Patricia Hajabakiga, Hon Nusura Tiperu and Hon Taslima Twaha.
A delegation from the University of Oxford University in the United Kingdom led by Stephen Peel concluded a two-day working visit to the East African Community Headquarters, with the aim of exploring possible avenues of establishing mutually beneficial long-term collaboration between the University and the EAC.
Welcoming the Oxford University officials to the EAC headquarters, EAC Secretary General Amb. Liberat Mfumukeko hailed Oxford University for expressing interest to support the Community to achieve it integration agenda.
The Secretary General briefed his guests on the progress the EAC had made in implementing the Customs Union and the Common Market protocols and preparations towards a Monetary Union, adding that there were high expectations among the people of East Africa to ensure that the three protocols were fully implemented.
Amb. Mfumukeko said that EAC was focused on building a firm base for East Africans through increased competitiveness, value added production, trade and investments and industrial development, all of which would be achieved through implementation of the pillars of integration.
The Secretary General said that "the proposed collaboration between Oxford University and the EAC would provide an effective and practical way to foster advancement of knowledge and build the Community's institutional and research capacity of the Community."
On his part, Mr. Peel applauded the EAC for the impressive progress made so far in deepening the regional integration agenda and said that Oxford University was keen on strengthening its relations with the EAC.
Mr. Peel said the University was keen on making a contribution to sustainable economic growth and industrial development to ensure attainment of the EAC integration agenda.
"Promoting industrial development is a crucial element for driving systematic and progressive socio-economic development as well as promoting a country's or region's competitiveness in the international economic order," said Mr. Peel.
Amb. Mfumukeko and the University team agreed to explore possible areas of collaboration in capacity building for EAC staff through on-the-job training and executive education programmes as well as joint research projects and studies.
This joint initiatives will inform decision making, facilitate implementation of the Protocols and increase the Community's capacity to negotiate trade agreements.
During the meeting, the Secretary General was accompanied by Hon. Christophe Bavizamo, the EAC Deputy Secretary General in charge of Productive and Social Sectors, Hon. Jesca Eriyo, the Deputy Secretary General in charge of Finance and Administration and other senior officials from the EAC Secretariat.
Given the recent financial crunch the Community has undergone, the Assembly is now urging the Summit of EAC Heads of State to direct the Council of Ministers to implement its directive on alternative sustainable funding mechanisms within a timeframe that it (the Summit) shall determine.
This follows a Resolution passed by the Assembly urging the Summit to fast track implementation of the directive on Alternative sustainable funding mechanisms and/or invoke Articles 143 of the EAC against defaulting Partner States in as far as the financial obligation to the Community is concerned.
The landmark Resolution was moved by Hon. Judith Pareno and seconded by Hon. Dr Odette Nyiramilimo. The Assembly further urged the Secretary General of the Community to transmit the Resolution to the Chair of the Summit for inclusion in to the agenda of the November 2016 Summit or at the earliest opportunity when it meets.
The Resolution avers that the consistent default of financial contributions by Partner States has led to the depletion of the EAC general reserves to tune of about US$.6.5 Million to facilitate the activities of the Community.
The Resolution was presented to the House on Wednesday afternoon. However, the Chairperson of the EAC Council of Ministers and Deputy Minister of Foreign Affairs and EAC in the United Republic of Tanzania, Hon. Dr Susan Kolimba, tabled a Motion for adjournment of debate under Rule 30 (C) of the Rules of Procedure. In her explanation, the Minister had sought for adjournment till November 2016 stating that the Council of Ministers was seized of the matter and it was under consideration.
The Motion however did not sail through the House, prompting the Speaker, Rt Hon. Daniel F. Kidega to rule that the substantive Motion be debated to its conclusive end.
The Resolution notes with deep concern that all activities of the Community have come to a standstill or have been disrupted since August, 2016. Activities of not only EALA but other EAC Organs and Institutions have also been affected. Specifically, for EALA are the planned activities of the General Purpose Committee, the Committee on Communications, Trade and Investments, the Regional Affairs and Conflict Resolutions Committee, the Legal, Rules and Privileges Committee and the Select Committee against Genocide and Genocide Denial.
“Other activities include the delayed payment of salaries and payment of EAC suppliers. These have also disrupted all other activities including the ongoing plenary. This is after the Secretary General informed the August House in the 1st Meeting of the 5th Session that he had made substantial savings – are the savings being realized through none implementation of activities? the Resolution says in part.
As at the period of the 34th Ordinary Council Meeting held in August 2016, the total outstanding amount due to the Community by the EAC Partner States according to the Resolution (and a report presented at that meeting) was US$ 45,316,812.
According to a table reproduced within the Resolution, the United Republic of Tanzania and the Republic of Burundi owed the Community arrears to the tune of US$ 356,492 and US$ 5,606,800 respectively. This is in addition to the contribution due for the Financial Year 2016/17 pegged at US$ 8,378,108 per Partner State. Republic of Uganda has paid 26.37% of the current contribution due which equates to US$ 2,209,712 while Republic of Kenya has paid US$ 330,306 out of the US$ 8,378,108, which amounts to 3.94%.
Table: Partner States Budgetary Contributions for FY2016/17 to East African Community
PARTNER STATE
ARREARS (FY'15/16)
CONTRIBUTION DUE FY'16/17
CONTRIBUTION PAID FY'16/17
TOTAL OUTSTANDING
Republic of Kenya
-
8,378,108
330,306
3.94%
8,047,801
United Republic of Tanzania
356,492
8,378,108
-
0.00%
8,734,599
Republic of Uganda
-
8,378,108
2,209,712
26.37%
6,168,396
Republic of Rwanda
-
8,378,108
-
0.00%
8,378,108
Republic of Burundi
5,609,800
8,378,108
-
0.00%
13,987,908
TOTAL
5,966,292
41,890,540
2,540,018
6.06%
45,316,812
Yesterday, however, Deputy Prime Minister and Minister of EAC Affairs, Republic of Uganda tabled the updated document showing improved liquidity position at the EAC.
The document dated October 12, 2016, indicates arrears by Burundi to have decreased to US$ 2,810,750 besides the contribution due this year of US$ 8,378,108. The Republic of Kenya has paid 28.28%, which amounts to US$ 2,369,509 while United Republic of Tanzania has chipped in US$ 558,287, which is about 6.66% of the total amount. The Republic of Rwanda is yet to meet its quota for this Financial Year.
Table: Partner States Budgetary Contributions for FY2016/17 to East African Community as at 12th October 2016
PARTNER STATE
ARREARS (FY'15/16)
CONTRIBUTION DUE FY'16/17
CONTRIBUTION PAID FY'16/17
TOTAL OUTSTANDING
Republic of Kenya
-
8,378,108
2,369,509
28.28%
6,008,598
United Republic of Tanzania
-
8,378,108
558,287
6.66%
7,819,820
Republic of Uganda
-
8,378,108
2,209,712
26.37%
6,168,396
Republic of Rwanda
-
8,378,108
-
0.00%
8,378,108
Republic of Burundi
2,810,750
8,378,108
-
0.00%
11,188,858
TOTAL
2,810,750
41,890,538
5,137,508
12.26%
39,563,780
The Council of Ministers however has a decision that all Partner States should clear all outstanding balances by December 2016.
According to Hon. Pareno, the Assembly has on several occasions posed priority questions as to the dire financial status of the Community.
“In both January and March, 2016, Hon. Dora Byamukama posed questions on the financial status of the Community and the Chairperson of Council of Ministers in responding to these questions was quick to assure the Assembly that the Partner States would meet the set deadlines for their contributions,” she noted.
At debate time, Hon. Nancy Abisai said the Community was undergoing a rough patch and added there was need for further commitment by Partner States.
“As politicians, we have a duty to bring to the attention of the Community when things are not working. It is good for the EAC (Organs and Institutions) to pronounce itself on the matter. We need to be sure that the activities of the Assembly shall be held”, she said.
Hon. Susan Nakawuki remarked that it is not the intention of EALA to have a Partner State suspended since none had been in arrears for 18 months and said invoking Article 146 of the Treaty may be inappropriate.
The legislator said that Committees had failed to achieve their work targets due to funding gaps. She maintained that it was impossible for the Community to grow at zero percent increase per year given the progress and dynamism of the Community.
Hon. Jeremie Ngendakumana said an important portion of the budget was funded by Development Partners and said the Community was at risk of collapse should they withhold their portion.
“The contribution by the Partner States should therefore be timely and be considered as a priority”, he said. This should be within the regulations as pertained by the Financial Rules and Regulations (Regulation 23) of the Community, he added. Hon. Ngendakumana termed the Motion a wake-up call and said it is necessary for the Partner States to be fully paid up six months from the date due.
Hon. Bernard Mulengani said as an oversight body, EALA needed to point out areas that are not handled well and improvements made. He said the issue of gratuity should be clarified and that sanction of the same was improper. The same matter on utilization of the gratuity was alluded to by Hon. AbuBakr Ogle.
The Secretary General, Amb. Liberat Mfumukeko confirmed the gratuity account was intact and that EAC account has received close to US$ 5 Million dollars over the last two weeks.
The Secretary General assured the August House that the EAC had regularly written letters and visited the Partner States to request for remission of funds.
“I thank the Partner States for responding affirmatively to our requests despite challenges Partner States are facing”, he said.
Amb. Mfumukeko said his administration had also actively re-engaged with the Development Partners and told the House that three agencies had in fact deposited funds into the EAC Accounts.
“I have been to Brussels and to Nairobi in a bid to assure the partners that the reform agenda is back. We have also signed a few agreements that are duly supportive of the integration agenda”, Mr Mfumukeko said.
Hon. Peter Mathuki reiterated it was the responsibility of the Assembly to oversight the Community and this entailed in ensuring its programs are undertaken.
“The Secretary General has given a commitment that there shall be funds to undertake the activities of the EALA and the Community. This is fundamental,” he said.
On his part, Hon. Martin Ngoga, affirmed the EAC was a leading regional economic bloc according to a number of analysts.
“We have been exemplary and must do so even when it comes to sustainability. There needs to be seriousness in managing the affairs and it should be looked at from a bigger dimension. Currently, the state of affairs is sad, we have a big agenda which we cannot implement”, Hon. Ngoga said.
Others who rose in support were Hon. Yves Nsabimana, Hon. Valerie Nyirahabineza, Hon. Dora Byamukama and Hon. Sarah Bonaya. Others were Hon. Mukasa Mbidde and Hon. Emmanuel Nengo.
The Second Deputy Prime Minister and Minister for EAC, Rt Hon. Kirunda Kivejinja assured the House the Council of Ministers was committed to ensuring the obligations of the Partner States are met.
Hon. Dr Didas Masaburi is dead. The former EALA Legislator passed away last night (October 12th, 2016) at the Muhimbili Hospital in Dar es Salaam, where he had been admitted.
Hon. Dr Masaburi was a Member of the 2nd EALA between the period of 2006-2012. He also served on the EALA Commission (then House Business Committee), the decision making body of the Assembly. The late Dr Masaburi was also a Mayor of Dar es Salaam and a party stalwart of the Chama Cha Mapinduzi (CCM). He rose through the ranks from the youth wing of CCM (Umoja wa Vijana CCM - UVCCM) and was a loyalist of the ruling party.
EALA Speaker, Rt Hon. Daniel F. Kidega condoled with the family and friends of the late Dr Masaburi.
“The late Hon. Dr Masaburi was a great debater and courageous legislator at the 2nd EALA (2006-2012) and contributed immensely to strengthening EALA and the regional integration process. We all hold fond memories of Hon Masaburi for his contribution towards ensuring a stronger bloc and improving the welfare of citizens of the region”, Rt Hon Kidega said in a statement released from Zanzibar on the sidelines of the 2nd Meeting of the 5th Session of the 3rd Assembly.
The family and friends are meeting at his home in Segerea in Dar es Salaam. May the Almighty God rest his soul in perfect peace.
The Assembly today has added its voice to the push for more budgetary allocation in the agricultural sector in Partner States and to ensure legal and regulatory frameworks are responsive to the needs of the smallholder farmers, youth, women and other sectors.
The increase in budgetary allocations is in line with the Malabo Declaration and the Assembly says the target which is pegged at least 10%, needs to be met annually or progressively.
The legislators are similarly urging the EAC Secretariat to institutionalise a Regional Agriculture Advisory Council to advise on the harmonization of the regional agriculture policy frameworks and programmes. Such a Council, EALA says, could comprise of EAC/EALA Secretariat and representatives from Partner States, academia, regional Farmer Organisations and Civil Society as well as consumers.
At the same time, Partner States need to increase the quality of investments by addressing national priorities connected with farmers while addressing existing challenges. Consequently, increase in the absorption rate in the agriculture sector with a correlation between budget allocation, agriculture returns and sectoral growth targets is absolutely necessary.
The recommendations are contained in a report arising from the Agriculture Budget Summit, 2016 held in Arusha on June 4th, 2016. The meeting, then, opened by EALA Member, Hon. Chris Opoka and themed “Increasing Public investment in Agriculture towards Ending Hunger and Poverty by 2025 in the EAC” was organized to support the implementation of the Malabo Declaration of 2014-2025.
The meeting among other things, sort to increase public awareness on the Comprehensive Africa Agriculture Development Programme (CAADP) Results framework and importance of public financing of agriculture that supports smallholders as catalyst for improved Private Sector investment. It further wanted to enhance Civil Society Organizations, small scale farmers’ involvement in agriculture financing policy processes for improved public financing for agriculture at national and the East African Community level.
The Summit was attended by EALA Members from the Committee on Agriculture, Tourism and Natural Resources, Committee Chairpersons from Partner States’ National Parliaments and CAADP Focal points from EAC Partner States. Other Partners were from various organizations such as Trust Africa, ActionAid International, Agriculture Non-State Actors Forum (ANSAF) and the Coalition of Non-State Actors on CAADP amongst others.
The meeting underscored the need for the EAC/EALA to expedite the domestication of the Malabo Declaration 2014 -2025 by putting in place a regional legally binding Protocol or instruments to ensure regional realization of its goals.
In the past, EALA has contributed significantly to the discussions in the region by ensuring formulation of key recommendations to strengthen the agriculture sector, in line with the Maputo Declaration on “Agriculture and Food Security” and Malabo Declaration on “Accelerated Agricultural Growth. The Assembly is also keen on taking up the issues of land rush which is a hindrance to agriculture development in the region and in Africa, in general as well as in overseeing development of a regional legal framework on sustainable investment in agriculture.
The report of the Meeting which was tabled in the House by Hon. Patricia Hajabakiga on behalf of the ATNR Committee further takes an incisive analysis of the Partner States’ situations.
During debate, Hon. Maryam Ussi called on the region to support the smalls scale farmers by implementing the 10% budgetary increase as per the Malabo Declaration.
Hon. Mike Sebalu remarked the relations between the Assembly and farmers’ organisations were very cordial and that the voice of the farmers continued to be championed by EALA. He remarked that it was time for agriculture to be prioritized and that a value system that inculcates agriculture should be embraced
Hon. Shyrose Bhanji remarked that agriculture if well boosted by sufficient budgets, would ensure the youth, women and other stakeholders are catered for through employment opportunities.
“At the same time if land is well allocated, and utilised then it would go a long way in eradicating poverty. To ensure this, finances in terms of credit is to be output,” the legislator said.
The legislator challenged the small holder farmers to take advantage of the Customs Union Protocol that offers with it free taxes on local products.
Hon. Mumbi Ngaru informed the House to step up efforts to reach out to stakeholders in the agricultural sector especially during its (EALA) Sensitisation activities while Hon. Nancy Abisai said it was necessary to curb corruption if resources were to be made available.
The Report was also supported by Hon. Taslima Twaha, Hon. Chris Opoka, Hon. Dr Odette Nyiramilimo, and Hon. Adam Kimbisa.
The President of Zanzibar and the Chairman of the Revolutionary Council, H.E. Dr Ali Mohammed Shein opened the Second Meeting of the Fifth Session of the Third Assembly with a call to re-double efforts towards strengthening the integration process.
In his remarks, H.E. Dr Ali Mohammed Shein, said the move would ensure the region continues to benefit immensely. He remarked that a number of achievements had been realized by the implementation of the Customs Union and the Common Market Protocols, the challenges notwithstanding.
“Through the Custom Union Protocol, we have enormously enhanced the volume of trade within the Community. The Bloc has been rapidly emerging as a magnet for Foreign Direct Investment. We are on the right track in our quest to improve agriculture which is one of East Africa’s most important sectors, with about 80% of the population of the region living in rural areas and depending on it for the livelihood”, H.E. Dr Ali Mohammed Shein said.
The President called for accelerated efforts to improve the infrastructure to spur development.
“It is inspiring to see that we have many infrastructure projects in progress. However, we still need to accelerate our efforts to improve our roads, railways, waterways, aviation and communication system. It is the high-quality and robust infrastructure systems that will facilitate the movement of goods, persons, capital and services. In addition, having modern and sustainable infrastructure will make us closer together and become more inspired in developing other sectors”, he said.
He maintained that United Republic of Tanzania was keen on focusing on industrialization as the game changer in the integration process.
“As you are all aware, since the coming of the Fifth phase of the Government of the United Republic of Tanzania, the President, His Excellency Dr. John Pombe Joseph Magufuli, has asserted an impressive industrialization focus. At the same time, Zanzibar is in the process of reviewing its industrial policy targeting improvement of its industrial sector. We hope to raise industrial productivity and secure market within the East African Region and beyond”, H.E Dr Ali Mohammed Shein said.
He urged the EAC to take advantage and to explore the opportunities that make it (region) an economic strong-hold noting that a strong industrial powerhouse would shore up Gross Domestic Product (GDP) across board.
“We need to move from where we are now, where the contribution of manufacturing to GDP in East Africa is estimated at 8.9%, which is considerably below the average target of about 25% that all the Partner States have set for themselves to achieve by 2032. It is through the industrial development that we can eliminate the current unemployment challenges that exist in all Partner States”, Dr Shein stated.
On tourism, the President called for more efforts to see the sector, which is a mainstay of Zanzibar improved.
“It has been reported that the region receives less than 5 million tourists and holiday makers from abroad a year out of over one billion, which is the world’s total. This number, in fact, does not reflect the global popularity and fame of our tourist attractions. We can do better as a bloc”, the President said.
The President hailed EALA for its continued role in sensitizing the citizens of the region saying many stood to gain from the initiative.
“Sensitization programmes are a costly affair but the benefits outweigh the costs. Sensitization and outreach remain extremely fundamental if the EAC is to be wholly owned by the people and for the people”, the President added.
In attendance at the Special Sitting were the 2nd Vice President of the Zanzibar, H.E. Seif Ali Iddi, the Chief Justice, Lordship Omar Makunga, senior government officials and diplomats. Also gracing the occasion were former Members of EALA from Zanzibar.
The President congratulated the Assembly for promoting Kiswahili in the region.
“Mr. Speaker, the recent resolution by EALA on the envisaged promotion and use of Kiswahili is very commendable. As the lingua franca, Kiswahili is set to strengthen our brotherly bonds even further”, he said.
He remarked that the Revolutionary Government of Zanzibar would support the EAC Kiswahili Commission to the hilt.
“I am delighted by the East African Community’s decision to choose Zanzibar as the headquarters of the East African Kiswahili Commission (EAKC). This is a very important institution of the Community. You have made the right decision, taking into account of the fact that the standard Kiswahili is spoken in Zanzibar. We thank you sincerely for the decision and pledge our full support”, H.E. Dr Ali Mohammed Shein said.
The President further informed the regional legislators the State University of Zanzibar (SUZA) had broadened its Kiswahili curriculum, offering special Kiswahili courses at various levels to foreign students and Ph.D. courses to both local and foreigner students.
In his remarks, the Speaker of EALA, Rt Hon Daniel Kidega, termed as absolute, the need for political will to ensure realization of integration.
“In this exciting time of integration, we need to maintain the tempo as we implement the Customs Union and the Common Market and concretize the next steps towards the Monetary Union and ultimately, the Political Federation. In so doing, the EAC should address existing bottlenecks such as NTBs, free movement of persons and goods”, Rt Hon Kidega said.
He urged Partner States to keep on track with the region’s 10-year Infrastructure Development Strategy, which among other things, lays emphasis on Public-Private Partnership investments in railways, roads, ports and energy.
Zanzibar, the Speaker remarked, had the potential of becoming the unprecedented “Dubai of Africa” owing to the existence of a free port. The Speaker remarked that peace and security were key components of development. Rt Hon Kidega remarked that the Inter-Burundi dialogue currently chaired by the former President of the United Republic of Tanzania, H.E. Benjamin William Mkapa, needed all the support to ensure normalcy is restored in the East African nation.
“Peace is key so that citizens of Republic of Burundi and Republic of South Sudan carry on with their lives without fear of any more loss of life, injury or destruction of property. And they can enjoy benefits from the integration process”, Speaker Kidega noted.
This is the first time the 3rd Assembly is meeting in Zanzibar as part of its rotational principle. The 2nd Assembly on its part held a Sitting in Zanzibar in December 2007.
Over the next two weeks, EALA is expected to dispense with three key Bills, the EAC Trafficking in Persons Bill 2016, the EAC Polythene Materials Control Bill 2016 and the EAC Gender Equality and Development Bill 2016.
The House shall also be furnished by a number of reports. They include Reports of the Committee on Communication, Trade and Investments, the Committee on Regional Affairs and Conflict Resolution and the Committee on Legal, Rules and Privileges. The Committee on Agriculture, Tourism and Natural Resources and the General Purpose Committee shall also be tabling their reports.
On his part, the Speaker of the Zanzibar House of Representatives, Rt Hon Zubeir Ali Maulid asked for the enhancement of the Common Market Protocol to have a more robust integration.
“Partner States are expected to gain a lot of benefits through free movement of labour among other things”, he said.
The Speaker affirmed the tradition of rotational principle saying it brought the Assembly closer to the people. He called for the amendment of Article 50 of the Treaty to enable the direct election of Members from Zanzibar to the EALA and added that Zanzibar House of Representatives would be interested in participation in a number of fora organized by EALA for mutual benefit between the two Parliaments.
In the vote of thanks, Hon Leonce Ndarubagiye, said the people of Zanzibar had shown much enthusiasm in the integration process. He remarked that Zanzibar was entry of point to the region and a melting pot of cultures and religion.
EALA Sittings are held under the principle of rotation in line with Article 55 of the EAC Treaty. EALA meets at least once in every year at its headquarter in Arusha, Tanzania.
The 2nd Partnership for Aflatoxin Control in Africa (PACA) Platform meeting themed Tracking Commitments, Sustaining Implementation for Results and Impact got underway in Entebbe, Uganda today.
Giving the keynote address at the meeting this morning, the EAC Deputy Secretary General in charge of Finance and Administration, Hon. Jesca Eriyo, said the entire African continent was geographically susceptible to Aflatoxin contamination and that the high incidence of Aflatoxin continues to pose a serious threat to human and animal health.
Hon. Eriyo further said that Aflatoxin was major barrier to the continent’s agricultural produce accessing export markets since stringent regulations on aflatoxin contamination limits how much produce enters the global food market.
The Deputy Secretary General (DSG) disclosed that it was estimated that losses associated with Aflatoxin in Africa escalate to US$450 million each year due to stringent EU standards alone. She said Aflatoxin was one of the challenges that the Continent needs to address in order to achieve global developmental aspirations such as the Sustainable Development Goals (SDGs), the AU Agenda 2063, and the continental goals and targets contained in the 2014 African Union Heads of State Malabo Declaration on Accelerated Agricultural Growth and Transformation for Shared Prosperity and Improved Livelihoods.
“EAC is also committed to the implementation of the Malabo Declaration. The overarching commitments in the Malabo Declaration include ‘Commitment to Ending Hunger in Africa by 2025’ and the Commitment to Boosting Intra-African Trade in Agricultural commodities and services. These commitments are pertinent to and of great relevance to the EAC integration process,” said Hon. Eriyo.
Using the EAC as a focus of her keynote address, Hon. Eriyo informed the participants that the EAC Aflatoxin Prevention and Control Initiative was launched in March 2014, with the overall focus of mitigating the adverse impacts of Aflatoxin along the food and feed value chains in the region.
She said the initiative was anchored in the Treaty for Establishment of the East African Community, the Common Market Protocol, the Protocol on Sanitary and Phyto-sanitary (SPS) Measures and other EAC Instruments of Regional Integration.
“Safeguarding human, animal and plant health and ensuring safe trade in agricultural products in the EAC and other trading partners is a key provision in the SPS Protocol. Aflatoxin contamination is a complex and multi-faceted problem that has to be addressed through strategic partnerships and complementary efforts at the national and regional levels.”
The DSG noted that the EAC had worked closely with the African Union led PACA, the Eastern Africa Grain Council, the Eastern Africa Farmers Federation and the International Institute of Tropical Agriculture.
“USAID has been a reliable and committed Development Partner for the EAC in this initiative. All these Partnerships are important to ensure that our efforts are complementary and synergistic”.
She reiterated that the EAC with support from USAID and International Institute for Tropical Agriculture (IITA) developed, validated and adopted a total of 11 evidence-based multi-sectoral papers. The critical topics covered in the papers include impacts of aflatoxin on animal and human health, standards for food and feed, biological control of aflatoxin, post-harvest handling, alternative uses and disposal systems for contaminated products, economic impacts on trade and communication strategy.
The Technical Papers have informed development of the EAC Aflatoxin Prevention and Control Strategy and Action Plan. In addition, the Technical Papers have been used to develop 10 policy briefs on Aflatoxin Prevention and Control. The policy briefs will be published and disseminated widely to enhance levels of awareness on the magnitude of Aflatoxin within the EAC region.
Welcoming Delegates to the meeting, H.E. Rhoda Peace Tumusiime, the Commissioner for Rural Economy and Agriculture at the AU Commission said the objective of the meeting was to track progress of implementing the specific actions identified at the first Partnership Platform Meeting and to assess efforts of the last two years (2014-2016) of implementing PACA activities at continental, regional and national levels in order to capture the attained successes and record challenges, for the development of a clear roadmap for the next two years of implementation, among others.
The Senegalese’ Minister of Commerce, Informal Sector, Consumption, Promotion of Local Products and SMEs, Hon. Alioune Sarr, reaffirmed to the delegates about his country’s commitment to fight and contain aflatoxin contamination in Senegal and Africa as a whole.
Uganda’s Minister of Agriculture, Animal Industry and Fisheries, Hon. Ssempijja Vincent Bamulangaki, outlined the achievements Uganda has made in the fight against aflatoxin contamination, while his counterpart for Trade, Industry and Cooperatives, Hon. Amelia Kyambadde, decried the low levels of public awareness on the effects of aflatoxin and the mitigation measures, as well as the “silos” manner in which aflatoxin issues were being handled. She said that the aflatoxin requires a multi-stakeholder approach and the activities for implementation should focus on the causes rather than the symptoms.
The 2nd PACA Platform meeting has brought together over 300 senior government officials from AU Member States mainly from government Ministries of agriculture, trade, and health, farmers organization, consumer associations, large and small business sector representatives, civil society, development partners, donor communities, the AU, and Regional Economic Communities in Africa.
…Isles to play host to 3rd Assembly for the first time
The East African Legislative Assembly (EALA) shall hold its Sitting in Zanzibar, Tanzania, next week. The Plenary which takes place from Monday, October 10th, 2016 to Friday, October 21st, 2016, is the Second Meeting of the Fifth Session of the Third Assembly.
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 the Special Sitting on Tuesday, October 11th, 2016, which is expected to be addressed by the President of Zanzibar and Chairman of the Revolutionary Council, H.E. Dr. Ali Mohamed Shein.
This is the first time the 3rd Assembly is meeting in Zanzibar as part of its rotational principle. The 2nd Assembly on its part held a Sitting in Zanzibar in December 2007.
The Assembly is expected to dispense with three key Bills, the EAC Trafficking in Persons Bill 2016, the EAC Polythene Materials Control Bill 2016 and the EAC Gender Equality and Development Bill 2016.
The EAC Counter-Trafficking in Persons Bill, 2016, seeks to provide a legal framework, develop common measures, strategies and programmes to the prevention of trafficking in persons and the perpetrators of such actions. The Bill is being debated at a time when the region and the globe are reeling from major effects of counter-trafficking in persons.
The Bill is to further develop partnerships for co-operation in counter trafficking in persons and provision of protection mechanisms and services for persons. At the Sitting in Dar es Salaam in March 2016, the Assembly committed the crucial Bill to the Committee stage.
The EAC Polythene Materials Control Bill, 2016 moved by 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 during the Sitting held in August 2016 in Arusha, Tanzania.
The EAC Gender Equality and Development Bill 2016 on its part, sets out to make provision for gender equality, protection and development in the Community.
According to the mover, Hon. Nancy Abisai, the Bill seeks to consolidate and harmonise the various commitments on gender equality that have been made at regional, continental and international levels in the context of the EAC.
The EAC Partner States appreciate the importance of women and men’s participation in the integration process of the EAC. At the same time, the Partner States are signatories to and should adhere to the instruments and take cognizance of emerging threats such as feminization of poverty, globalization, and gender based violence – all of which impact negatively on citizens.
The House shall also be furnished by a number of reports. They include Reports of the Committee on Communication, Trade and Investments, the Committee on Regional Affairs and Conflict Resolution and the Committee on Legal, Rules and Privileges. The Committee on Agriculture, Tourism and Natural Resources and the General Purpose Committee shall also be tabling their reports.
EALA Sittings are held under the principle of rotation in line with Article 55 of the EAC Treaty. EALA meets at least once in every year at its headquarter in Arusha, Tanzania.
The Secretary General of the East African Community, Amb. Liberat Mfumukeko, today received credentials from the Ambassador of the Republic of Ireland to the United Republic of Tanzania, H.E Ambassador Paul Sherlock, who has also been accredited to the EAC.
In the Ambassador’s accreditation letter dated 30th August, 2016 addressed to the Secretary General of the EAC, the Irish Minister of Foreign Affairs, Mr. Charles Flanagan, appoints Amb. Paul Sherlock as the Irish representative to the EAC.
The Secretary General warmly welcomed Amb. Sherlock to the EAC and briefed him on the current achievements in the pillars of the regional integration and development process. He said the Community had expanded tremendously within a short spell of time, which has necessitated the Community to review its institutional set-up and work on sustainable financing mechanism.
Amb. Mfumukeko further informed his guest of the reforms he had instituted within the Organs and Institutions of the Community aimed at cost cutting and prudent financial management.
In his remarks, Amb. Sherlock hailed the Secretary General for the good work he and his team were doing in deepening the regional integration agenda. He said achieving the Customs Union and the Common Market and moving towards a Monetary Union within such a short time for the Community was commendable.
Amb. Mfumukeko and the Irish envoy discussed several issues including the status of the EAC-EU Economic Partnership Agreements (EPAs) and the Inter-Burundi Dialogue. They also explored areas of collaboration in trade and investment, agro-processing, tourism and ICT.
The Secretary General informed Amb. Sherlock that the EAC Secretariat was ready to mobilize and send an EAC Mission to Ireland to meet the Irish Chamber of Commerce and Industry, Tourism and Investment Agencies, and other stakeholders to concretize the specific areas of cooperation.
Also present at the accreditation ceremony were Mr. Robert Hull, the Second Secretary at the Embassy of Ireland in Dar es Salaam, Deputy Secretaries General Mr. Charles Njoroge and Hon. Christophe Bazivamo, and other senior officials at the EAC Secretariat.
The First Instance Division of the East African Court of Justice has dismissed a case filed by the East African Civil Society Organizations’ Forum (EASCOF) against the Attorney General of the Republic of Burundi, the Independent National Electoral Commission of Burundi (CENI) and the Secretary General of the East African Community.
EASCOF had alleged that the decision of the Constitutional Court of the Republic of Burundi violated the letter and spirit of the Arusha Peace and Reconciliation Agreement for Burundi, 2000 (the Arusha Accord) which was promulgated into domestic law by the Parliament of the Republic of Burundi, in particular Article 7(3) of Protocol 11 to the Arusha Accord which provides that the President of the Republic of Burundi shall be elected for a term of five (5) years, renewable only once and that no one may serve more than two presidential terms. EASCOF further alleged that the Constitution of Burundi states under Article 96 that the President of the Republic is elected by universal; suffrage for a mandate of five years renewable once.
The Applicant further alleges that by reason of the aforementioned breach of the Arusha Accord and the Constitution of Burundi, the decision of the Constitutional Court equally violated Articles 5(3)(f), 6(d), 7(2), 8(1)(a) (c) and 8(5) of the Treaty for the Establishment of the EAC. The forum further claimed that the decision of the ruling CNDD-FDD political party to nominate or put forward President Nkurunzinza as a candidate for election to the Office of the President of the Republic Burundi in 2015 violated the Arusha Accord aforementioned and was therefore unlawful.
The Applicant also alleges that the CENI had failed to ensure compliance with the provisions of the EAC Treaty.
The Court in its decision declined the application by the Applicant to interrogate/ review, revise the decision of the Constitutional Court of the Republic of Burundi. It further added that it has primacy in the interpretation of the Treaty but its mandate does not extend to the interrogation/review of the decisions of other Courts in a judicial manner such as being asked by the Applicant of the Constitutional Court in this matter.
EACJ said that the interrogation would require the Court to exercise the appellate Jurisdiction over the said decisions which jurisdiction the Court does not have. The judges observed that the independence of the Courts of Partner States was a paramount principle of the rule of law as envisaged in Articles 6 (d) and 7 (2) of the Treaty, adding that they could not therefore in upholding those principles, interfere with that independence.
On the issue of the CNND-FDD to nominating Mr. Pierre Nkurunziza as its Presidential candidate for election, the Court decided that the issue was time barred. That the decision was made on 25th April, 2015 and therefore any challenge to it pursuant to Article 30 (2) of the Treaty ought to have been filed before it Court on or before 3rd June, 2015. That since the Reference was filed on 6th July 2015, it clearly shows that the matter was time barred.
The Court further averred that it found no evidence that the Secretary General had breached any of his duties in the context of this Reference, adding that the powers and functions of the Secretary General were clearly spelt out in Articles’ 67 and 71 of the Treaty. The judges were therefore hesitant to hold the Secretary General accountable for any action on his part. The Court reiterated the matter was predicated upon a specific decision of the Constitutional Court of Burundi issued on 25th May, 2015 with attendant events. The Court said that there was no plausible reason why the Secretary General was enjoined in this matter.
The Court also observed that the second respondent, CENI, was struck out of the reference that it has never entered appearance, was also improperly enjoined in this matter.
They concluded that the Reference has brought to the fore the continuing and emerging questions regarding the rule of law in Partner States within the EAC. The Court, faithful to its mandate, has found that the present case does not meet the muster of the Treaty and the same has to fail.
The Court closed the matter and ordered each party to bear their own costs.
The judgement was read by Hon. Justice Isaac Lenaola Deputy Principal Judge First Instance Division
