East African Legislative Assembly, Arusha, December 5th 2019: The East African Legislative Assembly is urging the EAC Council of Ministers to regularly furnish it with comprehensive reports from each Partner State on the status of implementation of the Customs Union Protocol and that of the Common Market Protocol. A resolution moved by Hon Dr Abdullah Hasnuu Makame and adopted by the House this morning further wants the Council of Ministers to direct all Partner States to fully implement the Customs Union Protocol by mid-next year (June 2020) and the Common Market Protocol, a year later.
The House further urges the Secretary General to furnish the House with comprehensive reports on the implementation of the Food Security Action Plan, the Climate Change Policy and the Industrialization Policy and Strategy. Subsequently, the Council of Ministers is also encouraged to develop Comprehensive Monitoring, Evaluation and Reporting frameworks that would track implementation of major action to be taken adopted by the Summit of EAC Heads of State and other Organs.
According to Hon Dr Makame, it is only the Customs Union Protocol that has a stipulated Treaty Timeframe under Article 75(7) with the Treaty documenting a period of four years in which to conclude it. Hon Dr Makame informed the House that, Article 77 of the Treaty forecasted on the establishment of Common Market through a Protocol that would be concluded without prescribing a timeframe to achieve that. “To that end, I am fully aware that the Monetary Union and Political Federation stages were left to be determined by the Partner States as and when conditions would permit them to do so”, he said.
Hon Dr Makame’s resolution states the Customs Union Protocol entered into legal force on 1st January 2005, while still under implementation of Article 11 of the Customs Union Protocol regarding Transitional Provisions on the Elimination of Internal Tariffs whose five years’ timeframe was stipulated in the said Protocol. According to the mover of the resolution, Partner States without considering any comprehensive Monitoring and Evaluation report - constituted a High-Level Task Force to negotiate the EAC Common Market Protocol, that was concluded in 2009 and entered into legal force in July 2010.
At debate time, Hon Noor Adan Mohammed said there was need for all Organs to move together and to be kept abreast with information. “We are indeed moving forward/progressing on well – but we should be kept abreast on the status of implementation of the said protocols. It seems there are many challenges with people not been able to move freely or to do business as was envisaged,” he said. “We are mandated to do oversight to ensure all institutions are working in order to give real value for money”, he added.
Hon Jean Marie Muhirwa said the motion was timely. He said the various interactions during sensitization exercises had revealed challenges with regards to the free (freer) movement of people of people and goods. “It is perhaps time, the Assembly undertook a survey in the region to ascertain the status of the implementation of the pillars of integration,” he said.
Hon Kasamba Mathias lauded the efforts and achievement realized so far with regards to the infrastructure on the ground, ports and the borders. “Now that we are celebrating 20 years, it is time to reflect on the achievements and look in to the challenges”, he said. “I propose that as we undertake a mid-term review, let us have a joint effort with the Council of Ministers and the business community to undertake a caravan around the Partner States to assess progress and challenges”, he added.
Hon Dr Woda Jeremiah Odok, remarked that at many of the oversight activities undertaken in the Partner States, the business community had lamented over the slow implementation of the pillars of integration. “If the two protocols are not firmly grounded, then it becomes difficult to build on the rest of the pillars”, she said.
Others who supported the resolution were Hon Francine Rutazana, Hon Eng Mohammed Mnyaa, Hon Leontine Nzeyimana, Hon Dr Pierre Celestin Rwigema, Hon Jean Claude Barimuyabo, Hon Rose Akol and Hon Paul Musamali.
The Chair of the Council of Ministers, Hon Amb Olivier Nduhungirehe, noted the achievements of the EAC, saying the bloc continues to be ambitious. “We have just celebrated 20 years last week and there are notable achievements in the Customs Union and Common Market Protocol including embracing the principle variable of geometry in certain areas such as the One network area and the use of identity cards to travel. We still have some challenges and therefore appreciate the decision taken here to brief the House regularly,” the Minister said. “We should have a way to interact regularly on these issues and to report on the progress and the challenges we continue to face. We welcome the proposals. Council of Ministers will also encourage the Partner States to harmonise the national laws”, he added, citing a specific committee had been established to review the processes. “With regards to the One Stop Border Posts, Article 7 of the Common Market Protocol calls for reciprocity in terms of extending operations of border posts to 24 hours. The Council has already directed that such border posts operate for 24 hours. We are engaging Partner States to abide by this key article”, he said.
The objectives of establishing the East African Community are enshrined in Article 5; and specifically, article 5 (2) stipulates the four (4) stages of the integration process are mentioned as (i) Customs Union, (ii) Common Market, subsequently (iii) Monetary Union and ultimately (iv) Political Federation.
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Bobi Odiko, Senior Public Relations Officer, East African Legislative Assembly. Tel: +255-27-2508240 Fax: +255-27-2503103, Cell: +255-787-870945 +254-733-718036 Email: BOdiko@eachq.org, Web: https://www.eala.org
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