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Hon. Wapakabulo Addresses EALA

Hon. James Wapakabulo, Chairman EAC Council of Ministers

In his capacity as current Chairman of the EAC Council of Ministers, the Ugandan 3rd Deputy Prime Minister and Minister of Foreign Affairs, Hon. James Wapakabulo, addressed the Eighth Session of th East African Legislative Assembly (EALA) February 13-14, 2003 in Arusha. He briefed Members of the Assembly on the status of implementation of provisions
of the EAC Treaty. He was accompanied by Amb. M. S. Katende, Head of Africa Department, Ministry of Foreign Affairs.

Customs Union
On the progress of the ongoing negotiations for a Protocol on the establishment of an EAC Customs Union, Hon. Wapakabulo pointed out that most eleme nts for the protocol have been elaborated and consensus achieved. The aspects of the protocol agreed on include: Elimination of non-tariff barriers; Rules of Origin, Dumping, Subsidies and Countervailing
duties;Competition, Duty Drawbacks, Refund and Remission of duties, Customs
Cooperation; Re-export of goods, simplification and Harmonization of trade documentation
and Procedures, and Harmonization of Commodity Description and Coding System.

Regarding elimination of internal tariffs, a programme for their elimination has been agreed. The only outstanding matter on internal tariffs, which is being deliberated on, relates to interim duty rates for Kenyan products into Tanzania. Regarding the Common External Tariff (CET) a three tariff band structure of 0%, 10%, and X% has been agreed. The issue being addressed is whether to adopt 20% (X%) or 25% (X%) as the maximum CET.

The other major outstanding matter relates to a Legal, Institutional and Administrative
Structure of the Customs Union, for which a study is on-going and its Report is due to be received and discussed in the near future.

Business Organisations and Civil Society

Hon. Wapakabulo enumerated various steps taken by the Council on modalities to enable business organizations or asso-ciations, professional bodies and the civil society to contribute effectively to the developement of the Community. The East African Business Council (EABC) was established and coordinates activities of business organisations in the Partner States where it has chapters. Organisations like the EABC, the Association of Professional Societies of East Africa, the Jua Kali Federation of East Africa, and the East African Trade Union Council participate in Sectoral Committees and other relevant fora of the community in observer capacity. The Community is also implementing an outreach
programme which involves the creation of awareness about the Community to the dif-ferent
stakeholders.

Translation of EAC Treaty
The Chairman also informed the Members that the Treaty has been translated and simplified into Swahili. There are also efforts to simplify it into other Local languages so
that the treaty provisions are translated into beneficial action by all East Africans. With
the simplified versions, including one in simple English, the Council of Ministers intends
to use the machinery of NGOs to popularize and actualize the Community among
East Africans. The Chairman gave the example of one of the NGOs, Kitu Cha Katiba, which is working on a simplified booklet on how the civil society can relate to Community
activities and programmes for maximum benefit of the opportunities presented by the regional integration process. Hon. Wapakabulo underscored the important role
of the EALA as a link between the Community and the people of East Africa.

Movement of Persons
On movement of persons, Hon. Wapakabulo outlined measures taken by the Council to
facilitate easy border crossings. These include the introduction and popularization of
the East African Passport, criteria for the issuance of Inter-State Passes and procedures
for issuance of work permits, introduction of a simple Immigration Departure/Exit Card, according privileged treatment to East Africans at Airports and the ongoing harmonization
of Labour Laws. Regarding a Protocol on Movement of Persons, Labour Services, Right of Establishment and Residence, the Chairman said that since the free movement of persons is an element of a Common Market, which is the next stage in the EAC integration process, December 2005 is the target date for concluding the Protocol.

East African Court of Justice
With regard to calls that the jurisdiction of the East African Court of Justice be extended,
the Chairman said that the Court is still in its formative stage and measures are being put in place to widely publicize it. He pointed out that when the Customs Union is in place, th Court will be adequately occupied with its initial jurisdiction of interpretation and application of the treaty. He added that the satisfactory execution of its initial jurisdiction will allow the Coucil of Ministers to assess and determine when to give it such other original, appellate, human rights and other jurisdiction.

Political Federation
Hon. James Wapakabulo also alluded to the expressions being made that the regional
integration process will be further enhanced and speeded up if a Political Federation
is established immediately. He said that according to Article 5(2) of the Treaty “the Partner States undertake to establish among themselves a Customs Union, a Common Market, subsequently a Monetary Union and ultimately a Political Federarion.”

Establishment of a Political Federation, therefore, is the ultimate objective after the preceding forms of integration have been achieved. In this respect, he pointed out,
the Council of Ministers is concentrating on negotiations of a Protocol for the establishment
of a Customs Union, which is cognizant of the expressions for a Political Federation
immediately. This is why there are a number of initiatives to determine the viability
of the proposal.

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