Writes Leo Odera Omolo
The Africa’s newest independence state of South Sudan’s bid to join the regional trading bloc will feature prominently at this year’s final East African Community Council of Minister meeting that kicks off in the Kenyan capital, Nairobi from November 19 – to 24.
The decision the Council of Ministers make will then be presented to the Heads of State Summit slated for November 28 in the same venue.
During the last extraordinary summit held in Tanzania in April, the heads of state directed the Council of Ministers to come up with a verification report by November regarding South Sudan request to join the regional bloc.
The presidents had expressed concern about the then conflict between the newly independent South Sudan and its former rule from the north, the Sudan, and urged leaders of the two countries to return to the negotiating table for a peaceful resolution.
According to an article, which is appearing in the current issue of the influential weekly, the EASTAFRICAN, Tanzania is expected to give its final decision on the admissibility of South Sudan to the EAC following its request in the last Council of Ministers held in Bujumbura in August, that it needed more time for consultation.
Rwanda, Uganda, Burundi and Kenya gave their consent based on the EAC Verification Committee Report presented to them earlier.
Among the issues that guided their decision are that south Sudan had established mechanisms for ratifications, the and access to international treaties, the country had acceded to UN and AU charters, it had also has been admitted to several regional and international organizations such as IGAD, Nile Basin Initiative and UNESCO.
The heads of states will also be required to make a decision on the jurisdiction 0f the E.A Court of Justice to cover, among others crimes against humanity.
The E.AC J’s extension of jurisdiction came up following pressure piled on Kenya early in the year not to allow four of its citizens facing charges for crimes against humanity to be tried before the International Criminal Court at The Hague.
The heads of states then ordered that the treaty establishing the E.A.J be amended an d that EAC Council of Ministers considers the matter and present the report at the Summit.
They will also be required to make a final ruling on proposals to setup a single customs territory in the region, a common external tariff structure and rules at origin in the community.
Also other related reports originating from the EAC secretariat in Arusha says that Tanzania face regional protest over its proposal to amend the East African Community Treaty. The member state is seeking to overhaul the regional body’s lawmaking process.
The Tanzanian government has been pushing to broaden the role of the EAC Council of Ministers as representatives of partner states in the Community’s legislative process.It also wants the provision that empowers the Council to initiate and submit Bills to the East African Legislative Assembly {EALA] amended.
Tanzania wants the Council to be allowed to approve Bills together with EALA. The proposed amendments first moved in January, have sharply divided an EAC member state which further complicates the region’s integration process.
The Tanzanian government also wants the Council a role created in the regional law-making process for national parliaments. This change would see a Bill introduced to EALA also sent clerks to the national assemblies of partner states for deliberations. The national assemblies shall within a period of three months provide their comments through the clerk, who will then table them before EALA and the Council of Ministers for consideration.
Sources in Arusha say Tanzania’s contentious proposal have divided the partner states into three groups; Rwanda and Burundi are against the proposal, Uganda is partly in support of the move, while Kenya has been silent on the matter.
Rwanda’s Minister for EAC Affairs Monica Mukuruliza said her country does not support Tanzania’s proposals.He Tanzanian counter-part Samuel Sitta defended the proposal, arguing that they would provide for a more workable mechanism where the process of initialing private members Bill becomes more consultative.
”Our idea is not to trim the powers of EALA as is widely misunderstood, but rather to make the process of initialing Bills more consultative would, which would minimize the number of Bills not being assented by E.A.C heads of states,’’ said Minister Sitta.
Critics say Tanzania proposal could cripple the separation of powers among EAC organs. ”The proposals, if passed, would defeat the very proposals of having, EALA as a regional lawmaking body as it would basically become a rubber stamp for the Council’s decisions.” The bid as a direct assault on EALA’s only arena of original and exclusive jurisdiction.
The proposed amendments have prompted EALA to pass a resolution asking EAC member states to reject Tanzania’s proposals. Such a move would fetter the independence of the assembly and in effect sends a negative signal to the community,”said EALA to pass from Rwanda Patricia Hajabakiga.
Ganda said national assemblies should not be involved in the EAC legislative e process.
Ends