Let Us Resolve Persisting Challenges in the Implementation of the Common Market Protocol - EALA Says

EALA also adopts Legal, Rules and Privileges Committee Report. The East African Legislative Assembly is calling on the EAC Partner States to fully implement the Common Market Protocol by addressing issues that mean a lot to the citizenry.

The Report of the Committee on Regional Affairs and Conflict Resolution indicates optimism over the strong support for the economic integration but calls for it to be leveraged by action from all concerned quarters. The remarks emanate from debate on the floor of the House as the Assembly passed the Report in Arusha today.

The Report captured findings following an on-spot assessment on the challenges of implementation of the Common Market Protocol along the Northern and central Corridors. The trip which covered Dar es Salaam via Rusumo to Kigali and Mombasa via Malaba and Katuna to Kigali took place on November 4-10, 2012.  

Presenting the Report, the Chair of the Committee Hon Abubakar Zein Abubakar noted that the region continued to witness multiple structural bottlenecks resulting from Non-Tariff Barriers. The legislator termed cited inadequate government structures, erratic application of rules and the lengthy customs administration documentation procedures as some of the barriers.   ‘Other bottlenecks include cumbersome inspection requirements, unharmonised standards and police roadblocks’, Hon Abubakar remarked.

The Committee observed that while weighbridges seemed to act as NTBs, they were nevertheless important to protect the tarmac roads.  At the same time, the deteriorating railway infrastructure continues to hamper business with the Report citing reduced cargo handling at the port of Dar es Salaam following the deterioration of the Tanzania Central railway and the TAZARA railway.

In the northern corridor, the Report mentions that numerous police checkpoints inhibit free movement of trucks and cites the example of 15 roadblocks erected between Mombasa and Malaba.

At the same time, the Report highlights the long procedures introduced by Partner States and indicates such provide an opportunity for corruption while negating all together, the spirit of integration.

The Committee recommends that the Partner States fast –track the upgrading of the Dar es Salaam to Isaka rail line as well as the construction of the Isaka-Kigali and Msongati railway line.  It further calls for the upgrading of the Mombasa to Kampala rail line to ease cargo congestion at the Mombasa and Dar es Salaam ports as well as that on the load of the EAC road networks.

The Report calls on the EAC to institute load control limits, fast track the EAC vehicle load control Bill that seeks to harmonise load limits and axle load weights across the region.

During debate, Hon Yves Nsabimana, Hon Abdulkarim Harelimana and Hon Issa Twaha Taslima supported the motion.

The Report on the Assessment of Good Governance in Partner States was also presented, debated and adopted.   Chairperson of the Legal, Rules and Privileges Committee, Hon Dora Byamukama observed that progress had been made in areas of justice, rule of law and good governance in the EAC Partner States although challenges still remain across board.   The Report calls for continuous interaction with the stakeholders on matters concerning good governance while emphasising harmonisation of laws.

The Committee visited all Partner States on October 1st -5th, 2012 and held meetings with various stakeholders. It also undertook literature review of relevant documents from Human Rights Commissions as well as the constitutive documents and statutory instruments among others.

In Burundi, the Committee observes significant progress made in areas of justice and rule of law.  It cites the abolition of death penalty as a good practice in justice administration which can be replicated elsewhere.   The Report however says corruption can be contained further while noting the positive establishment of a Special Anti-Corruption Brigade to check on the vice.

The Report takes note of progress made in Uganda including the promotion of best practices like gender audit, community service to decongest prisons and establishment of equal opportunities commission.  It recommends among other things that need for the country to debate and agree on the way forward for Presidential term limits and to strengthen institutions that deal with aspects of corruption.  

Rwanda scores highly as the least corrupt country in the EAC region and the 4th and 49th least corrupt country in Africa and the world respectively.  The Report however implores Rwanda to build capacities of institutions charged with monitoring of good governance, democracy and rule of law.

In the United Republic of Tanzania, the Committee was informed of the sustained reforms of the legal sector in pursuit for strengthening the rule of law, democratic governance, transparent and accountable conduct of public affairs.   The Report recommends that United Republic of Tanzania sets aside sufficient budget to enable enforcement of good governance aspects.

On Kenya, the Report requests the government to quickly deposit a special declaration accepting the competence of the African Court on Human and Peoples Rights  as a requirement under Article 34 (6) of the Protocol to the African Charter on Human and Peoples’ Rights.  

The Committee further appeals that Kenya expedites the legislation under Article 27 and 100 of the Kenyan Constitution to ensure the one-third gender compliance in constituting the next Kenyan legislature is arrived at.

It also wants the establishment of an EAC Political parties Forum to promote ideologies that advance common interests and the common good of all East Africans.   At the same time the Committee urges National Assemblies to move with haste to form Committees on EAC Affairs for further linkages and popularisation of integration affairs.  

During debate several Members rose in support of the Report including Hon Leonce Ndarubagiye, Hon Peter Mathuki, Hon Maryam Ussi Yahya and Hon Joseph Kiangoi.  Others were Hon F. Mukasa Mbidde and Hon Christophe Bazivamo.

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For more Information, contact: Bobi Odiko, Senior Public Relations Officer; East African Legislative Assembly; Tel: +255-27-2508240 Cell: +255 787 870945, +254-733-718036; Email: bodiko@eachq.org  Web: https://www.eala.org   Arusha, Tanzania

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