News Analysis By Leo Odera Omolo
The summit of the heads of stat of the East African Community members states held in the northern Tanzanian town of Arushafailed to see through the signing of theommon arket Protocol and the regional integration process.
The thre contentiouis issues, which prevented the signing of the protocol for the second time include;access to land, thew right of establishment and permanent residence and the use of the nationmal identity cards as the official tavel documents.
Sharp differences had emerged pitting Kenya, Uganda, Rwanda and Burundi on one hand , and Tanzania on the other, overe the three key provisions of the Common Market Protocol.
The Arusha Summit which was held on April 29 had directed that the pending issues in the Common Market protocol be agreed on as soon as possible so that thr pact can be signed in November.
According to the integration process calendar, the Common Market, which is the second phase of regional integration after the Customs Union,will come into force by January next year.
However,the signing of the ommon arket protocol has had to be postponed twice due to delays in negotiation,. Initially, the signing was originally planned for November last year.This was later pushed to last month {April 2009}, which also never materialised.
At the end of the heads of state summit in Arusha last month,the Secretary General,Ambassador Juma Mwapachu,alluded to the community’s possible application of variable geometry.”if there is no consensus on the other pending issues by November,chances are high that the EAC secretariat might invoke the variable geometry principle, leading to the signing of the porootocol,”he added.
But legal experts, led by tyhe East African Law Society, have wqarned that such flexibility, which is mainly used as apolitical tool, should be applied with great care so that, it does not end up being counter-productive.
Earlier the East African Court of Justice has delivered judgement saying that there is nothing wrong with some member countries moving faster than others on regional integration.
This means that the EAC Common Market might come into force much earlier than anticipated, without “pending issues” necessarily being resolved first.
In a ruling on application by the East African Community’s Council of Ministers through the Community’s counsel, the First Instance Division of the Council said such flexibility is coinsistent with the Treaty on the establishment of the EAC.
The Council comprises member countrry Ministers iuncharge of the East African Affdairs from Kenya, Rwanda,Tanzania,Uganda and Burundi.
It had formerly sought the court’s opinion on whether the operational princpole of variable geometry, which is provided for in the Treaty on the Establishment of the EAC, countries the requirement that decision of the EAC organs should be by consensus.
Variable geometry is a principle in regional integration whereby some community members can move faster than other on some matters.
Inb an opinion delivered the principal judge of the First instance Division,Justice Johnsoin Busengye of Rwanda,the East African Coiurt of Justice said the operational principle of variable geometry is in harmony with the requirement of consensus in decision making.
The court also said the princple of variable geometry can guide the regional integration process, the requirement of coinsensus in decision making noitwith standing.
The court said in part,”consensus is simply a decision-making mechanism, whilke variable geometry is a strategy for implementation.”
They, however, warned ther partner states thsat variable geometry should be the exception rather thsan the rule.
The court’s ruling come at a time when there are differences, between Kenya, Uganda,Rwanda and Burundi on one hand, and Tanzania on the other, over three key provisions of the Common Market protocol.
These are access to land, the right of establishment and permanent residence and the use of the nationmal identity cards as travel documents withiun the EAC member states.
ends
leooderaomolo@yahoo.com
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Date: Fri, 15 May 2009 07:20:36 -0700 [05/15/2009 09:20:36 AM CDT]
From: Leo Odera Omolo
Subject: News Analysis By Leo Odera Omolo
The summit of the heads of stat of the East African Community members states held in the northern Tanzanian town of Arushafailed to see through the signing of theommon arket Protocol and the regional integration process.
The thre contentiouis issues, which prevented the signing of the protocol for the second time include;access to land, thew right of establishment and permanent residence and the use of the nationmal identity cards as the official tavel documents.
Sharp differences had emerged pitting Kenya, Uganda, Rwanda and Burundi on one hand , and Tanzania on the other, overe the three key provisions of the Common Market Protocol.
The Arusha Summit which was held on April 29 had directed that the pending issues in the Common Market protocol be agreed on as soon as possible so that thr pact can be signed in November.
According to the integration process calendar, the Common Market, which is the second phase of regional integration after the Customs Union,will come into force by January next year.
However,the signing of the ommon arket protocol has had to be postponed twice due to delays in negotiation,. Initially, the signing was originally planned for November last year.This was later pushed to last month {April 2009}, which also never materialised.
At the end of the heads of state summit in Arusha last month,the Secretary General,Ambassador Juma Mwapachu,alluded to the community’s possible application of variable geometry.”if there is no consensus on the other pending issues by November,chances are high that the EAC secretariat might invoke the variable geometry principle, leading to the signing of the porootocol,”he added.
But legal experts, led by tyhe East African Law Society, have wqarned that such flexibility, which is mainly used as apolitical tool, should be applied with great care so that, it does not end up being counter-productive.
Earlier the East African Court of Justice has delivered judgement saying that there is nothing wrong with some member countries moving faster than others on regional integration.
This means that the EAC Common Market might come into force much earlier than anticipated, without “pending issues” necessarily being resolved first.
In a ruling on application by the East African Community’s Council of Ministers through the Community’s counsel, the First Instance Division of the Council said such flexibility is coinsistent with the Treaty on the establishment of the EAC.
The Council comprises member countrry Ministers iuncharge of the East African Affdairs from Kenya, Rwanda,Tanzania,Uganda and Burundi.
It had formerly sought the court’s opinion on whether the operational princpole of variable geometry, which is provided for in the Treaty on the Establishment of the EAC, countries the requirement that decision of the EAC organs should be by consensus.
Variable geometry is a principle in regional integration whereby some community members can move faster than other on some matters.
Inb an opinion delivered the principal judge of the First instance Division,Justice Johnsoin Busengye of Rwanda,the East African Coiurt of Justice said the operational principle of variable geometry is in harmony with the requirement of consensus in decision making.
The court also said the princple of variable geometry can guide the regional integration process, the requirement of coinsensus in decision making noitwith standing.
The court said in part,”consensus is simply a decision-making mechanism, whilke variable geometry is a strategy for implementation.”
They, however, warned ther partner states thsat variable geometry should be the exception rather thsan the rule.
The court’s ruling come at a time when there are differences, between Kenya, Uganda,Rwanda and Burundi on one hand, and Tanzania on the other, over three key provisions of the Common Market protocol.
These are access to land, the right of establishment and permanent residence and the use of the nationmal identity cards as travel documents withiun the EAC member states.
ends
leooderaomolo@yahoo.com
.
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Date: Fri, 15 May 2009 07:20:36 -0700 [05/15/2009 09:20:36 AM CDT]
From: Leo Odera Omolo
Subject: THE SIGNING OF THE EAST AFRICAN TREATY ON COMMON MARKET PROTOCOL DEFERRED AFTER DISAGREEMENT ON THREE KEY ISSUES.