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1 Legal and Institutional Framework LEGAL AND INSTITUTIONAL FRAMEWORK: A CASE STUDY OF UGANDA’S SUGAR TRADE UNDER THE CUSTOMS UNION PROTOCOL WITHIN THE EAST AFRICAN COMMUNITY. BY CHRISTOPHER OPIT 2012/HDO9/729U A DISSERTATION SUBMITTED FOR THE PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE AWARD OF THE DEGREE OF MASTER OF LAWS OF MAKERERE UNIVERSITY 2018 1 TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................................................ i DECLARATION ..................................................................... Error! Bookmark not defined. APPROVAL ............................................................................ Error! Bookmark not defined. DEDICATION .......................................................................................................................... vi ACKNOWLEDGEMENTS ..................................................................................................... vii ABSTRACT ........................................................................................................................... viii LIST OF ACRONYMS/ABBREVIATIONS ........................................................................... ix LIST OF TABLES ..................................................................................................................... x TABLE OF STATUTES........................................................................................................... xi CHAPTER ONE: INTRODUCTION .................................................................................... 1 1.1 BACKGROUND TO THE STUDY .................................................................................... 1 1.2 STATEMENT OF THE PROBLEM ................................................................................... 5 1.3 OBJECTIVES OF THE STUDY ......................................................................................... 6 1.3.1 GENERAL OBJECTIVE.................................................................................................. 6 1.3.2 SPECIFIC OBJECTIVES ................................................................................................. 6 1.4 RESEARCH QUESTIONS ................................................................................................. 6 1.5 SIGNIFICANCE OF THE STUDY ..................................................................................... 6 1.6 SCOPE OF THE STUDY .................................................................................................... 7 1.7 LITERATURE REVIEW .................................................................................................... 7 1.8 THEORETICAL/CONCEPTUAL FRAMEWORK ......................................................... 14 1.9 METHODOLOGY ............................................................................................................ 16 1.10 SUMMARY OF CHAPTERS ......................................................................................... 17 i CHAPTER TWO ................................................................................................................... 19 HISTORICAL BACKGROUND OF SUGAR PRODUCTION ........................................ 19 2.0 INTRODUCTION ............................................................................................................. 19 2.1 SUGAR PRODUCTION IN AFRICA .............................................................................. 21 2.2 SUGAR PRODUCTION IN UGANDA ............................................................................ 22 2.3 SUGAR PRODUCTION, CONSUMPTION AND POPULATION IN UGANDA ......... 24 2.4 UGANDA'S SUGAR PRICE………………………………………………………….....28 2.5 CUSTOMS UNION ........................................................................................................... 29 2.6 BENEFITS OF THE CUSTOMS UNION ........................................................................ 30 2.7 CHALLENGES OF THE CUSTOMS UNION ................................................................. 31 2.8 EFFECTIVENESS OF THE LEGAL FRAMEWORK UNDER THE CUSTOMS UNION PROTOCOL ............................................................................................................................ 31 CHAPTER THREE ............................................................................................................... 39 EFFECTIVENESS OF THE INSTITUTIONAL FRAME WORK OF THE CUSTOMS UNION PROTOCOL ............................................................................................................ 39 3.0 INTRODUCTION ............................................................................................................. 39 3.1 THE DIRECTORATE GENERAL OF TRADE AND CUSTOMS ................................. 41 3.1.1 THE DIRECTORATE OF CUSTOMS………………………………………………..41 3.1.2 PROBLEMS IN THE DIRECTORATE OF CUSTOMS ............................................... 43 3.2 THE DIRECTORATE OF TRADE................................................................................... 43 3.2.1 PROBLEMS IN THE DIRECTORATE OF TRADE .................................................... 45 3.3 THE CUSTOMS ADMINISTRATIONS .......................................................................... 45 3.4 OTHER GOVERNMENT AGENCIES ............................................................................ 46 ii CHAPTER FOUR .................................................................................................................. 51 CHALLENGES FACED IN SUGAR TRADE BY TRADERS IN UGANDA UNDER THE CUSTOMS UNION ...................................................................................................... 51 4.0 INTRODUCTION ............................................................................................................. 51 4.1 CHALLENGES FACED IN SUGAR TRADE IN UGANDA ......................................... 52 4.2 CONCLUSION .................................................................................................................. 61 CHAPTER FIVE ................................................................................................................... 62 COMPARATIVE ANALYSIS OF SUGAR TRADE WITHIN SADC AND ECOWAS 62 5.0 SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC) ............................. 62 5.1. ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS). ................. 64 5.2. PARALLELS OF SADC AND ECOWAS WITH THE EAC CUSTOMS UNION…………………..67 CHAPTER SIX ...................................................................................................................... 69 CONCLUSION AND RECOMMENDATIONS ................................................................. 69 6.0 INTRODUCTION ............................................................................................................. 69 6.1 GENERAL CONCLUSION .............................................................................................. 73 BIBLIOGRAPHY .................................................................................................................... 74 GENERAL BOOKS ................................................................................................................ 74 JOURNAL ARTICLES ........................................................................................................... 75 GOVERNMENT AND INSTITUTIONAL PUBLICATIONS……………………………...77 UN PUBLISHED WORK……………………………………………………………………………………………………………79 iii iv v DEDICATION THIS RESEARCH IS DEDICATED TO MY FATHER MR. OMODING ROBERT, MY MOTHER MRS. OMODING TINO IRENE, BROTHERS AND SISTERS FOR THE IMMENSURABLE SPIRITUAL AND FINANCIAL CONTRIBUTION IN THE ACCOMPLISHMENT OF MY STUDIES. MAY THE ALMIGHTY LORD BLESS YOU ABUNDANTLY. vi ACKNOWLEDGEMENTS I wish to express my sincere appreciation to all those who financially, psychologically and academically contributed to my career particularly in the conducting and compiling of this research. Above all I acknowledge my supervisor, PROFESSOR DAVID JUSTIN BAKIBINGA and co-supervisor, Dr. RONALD KAKUNGULU MAYAMBALA for their immeasurable support in tirelessly correcting and guiding the writing of this research report, I do appreciate the criticisms; they were a great aid in the accomplishment of this research. I extend my particular appreciation to my father, mother, brothers and sisters for your concern and care during my time of studies. Thanks a lot for the financial support and inspiration. Further acknowledgements to my fellow classmates and friends for their special contribution in my studies. I appreciate you all in your different capacities for the psychological and academic support rendered. Thank you for your love and kindness. I cannot fail to acknowledge my respondents particularly from the Ministry of Trade, Tourism and Trade, URA, Uganda Sugar Cane Technologist‟s Association as well as those from KACITA for the special contributions in providing information which was relied upon in the compiling of this report. May God Abundantly Bless You. vii ABSTRACT The study was undertaken to examine the legal and institutional frame works governing sugar trade under the customs union protocol and challenges faced in the sugar trade by traders in Uganda under the East African Community. Both secondary and primary data sources were relied on in collecting data. To acquire primary data an interview guide was used, while for secondary data, textbooks, statutes, journals and online materials were relied on and document review as method of data collection was used. From the study, it is notable that though
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