The Chairperson of the East African Community Council of Ministers, Hon. Dr. Diodorus Kamala has assured the people of East Africa that Partner States were committed to the EAC Common Market Protocol as evidenced by the fact that the United Republic of Tanzania, the Republic of Uganda and the Republic of Rwanda had completed their respective processes of ratifying the Protocol.
Hon. Dr. Kamala, who was responding to a question raised by Hon. Kanabahita Dora Byamukama (Uganda) during the recently concluded East African Legislative Assembly (EALA) sitting in Kigali, Rwanda, as to what mechanisms Partner States had instituted to give legal effect to the provisions of the Protocol expected to be operational on 1 July 2010, said the three countries are soon to deposit their instruments of ratification with the Secretary General of the East African Community in Arusha, Tanzania.
The Minister informed the EALA that in tandem with the ratification processes, the Partner States will enact the relevant enabling legislation to bring the provisions of the Common Market Protocol into domestic law by 21 August 2010; and review their domestic laws to ensure that the same are consistent with the Treaty for the Establishment of the East African Community.
Harmonisation of Commercial Laws
The Chairperson of the Council reiterated that in order to support the Partner States’ action in this regard, the Committee on Approximation of Laws had embarked on identification of such commercial laws that require harmonisation for purposes of supporting the Common Market. So far the laws relating to business organizations such as the Companies Act, Insolvency, Partnerships and Business Registration Acts had been identified.
He disclosed that the EAC Secretariat had, with the assistance of the Investment Climate Facility (ICF) for East Africa, embarked on a project for the harmonisation of Partner States’ commercial laws that relate to the implementation of the Common Market. The ICF had already prepared an inventory of such laws. So far 45 pieces of legislation on trading, business registrations, investment, insurance and banking have been identified by the consultants. The outcome of this project will include model laws and Bills for consideration by the EALA.
Safeguarding Rights of East Africans
Addressing the subject of rights of East Africans in view of Article 76(1) of the Treaty which provides for free movement of labour, goods, services, capital, and the right of establishment, the Minister noted that there were ongoing efforts towards establishing a common regional jurisprudence with harmonised substantive and procedural aspects of law. This development, he said, will underpin a common approach in the administration of law and justice in the EAC Partner States. He affirmed that the protection of human rights was a subject that must, for operational purposes, be addressed within the context of Article 126 of the Treaty which provides for the harmonisation of national laws within the EAC context; and the standardisation of legal training and curricula, and of judgments.
The Common Market Protocol observes the principal of non-discrimination in each Partner States’ treatment of nationals of other Partner States. It seeks to accelerate economic growth and development through the attainment of free movement of goods, persons and labour, the rights of establishment and residence, among other key aspects.
Pursuant to a directive made by the Heads of State at the 11th Summit held on 20 November 2009, Partner States undertook to ratify the protocol and deposit the instruments with the Secretary General by 30 April 2010.
Source: East African Community (EAC)
