In the East African Legislative

EAST AFRICAN COMMUNITY ______IN THE EAST AFRICAN LEGISLATIVE ASSEMBLY (EALA) The Official Report of the Proceedings of the East African Legislative Assembly 154TH SITTING - THIRD ASSEMBLY: THIRD MEETING – FIFTH SESSION Thursday, 24 November 2016 The East African Legislative Assembly met at 2:30 p.m. in the Mini Chambers, County Hall in the Parliament of Kenya, Nairobi.

PRAYER (The Speaker, Mr. Daniel Fred Kidega, in the Chair) (The Assembly was called to order at 2.30 p.m.) ______COMMUNICATION FROM THE CHAIR Assembly to have consultations with the Committee on Legal, Rules and Privileges VISITING DELEGATION FROM THE and the Committee on Regional Affairs and INTERNATIONAL COMMITTEE OF THE RED Conflict Resolution on humanitarian issues. CROSS You are most welcome and thank you for taking interest in our business – (Applause). The Speaker: Honourable Members, this afternoon, we have guests in our Gallery. PAPER These distinguished guests of the East African Legislative Assembly from the The following Paper was laid on the Table:- International Committee of the Red Cross are here to follow the proceedings of this (by Ms Patricia Hajabakiga (Rwanda) : Assembly. They are Mr. David Quinsy, the Deputy Head of Regional Delegation and Mr. The Report of EALA Sensitization Philip A. N. Mwanika. Activities in Partner States from 27th October to 7th November 2016. The team had paid a courtesy call to the Speaker in Arusha and they are in the

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MOTION EALA as an organ of the Community mandated by Article 49 of the Treaty was FOR THE CONSIDERATION AND inauguration in November 2001. To date, the ADOPTION OF THE REPORT OF THE Assembly has established itself into a strong THIRD SENSITIZATION ACTIVITIES IN and effective regional legislature and PARTNER STATES registered a number of achievements. It has continued to fulfil its core legislative, Ms. Patricia Hajabakiga (Rwanda): Mr. oversight and representation functions in a Speaker, Sir, thank you once again. various ways as follows.

I beg to move - Since this is the Third Report and the achievements are the same as captured in That, the Report of the East African previous reports, allow me to section 2.0 on Legislative Assembly on the Sensitisation. The rest will be captured in the Sensitization Activities conducted th th reports, which were tabled and adopted by from 27 October to 6 November this House. 2016 in Partner States be adopted. SENSITIZATION ACTIVITY I beg to move. One of the ways in which the Assembly has The Speaker: Seconders? Hon. Odette, hon. performed its functions, is the undertaking to Mulengani, hon. Rwigema, hon. Kizigha and perform sensitization activity in all EAC all Members standing. Partner States. The current sensitization activity was a continuation of the previous Hon. Patricia, proceed. one that was undertaken in April, 2016, which also emanated from the policy Ms. Hajabakiga: Thank you Mr. Speaker, guidance by the Summit and the decision of Sir. I will start by thanking the President of the Assembly’s Commission to reach out to the Republic of Kenya, His Excellency the people of East Africa as part of their President Uhuru Kenyatta, the Parliament of representative role, which was also in Kenya and our colleague Members of the accordance with the EALA Strategic Plan Kenya Chapter for having been with us and (2013-2018) that is based on a people-centred making us feel at home in Nairobi. approach. The sensitization was carried out from 27th October, 7th November 2016 under I will now go to the Report. the Theme: EAC Integration Agenda; Accessing the Gains. Background Objectives of the Sensitization The East African Community (EAC) was established on 30th November 1999 (i) To sensitize the people of East following the signing of the Treaty for its Africa on the integration process; establishment. Since then, several (ii) To create awareness among the achievements, challenges and opportunities people of East Africa on the gains have been registered in the economic, and challenges of integration; political and socio-cultural sectors.

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(iii) To enhance mutual relationships and government authorities, institutions of sustainable networking between learning, private sector, civil society, EALA and the people of East Africa; Members of Parliament (MPs), border (iv) To promote liaison with EAC communities, Government institutions and National Assemblies and key higher learning institutions in Government. stakeholders; Ministries including those responsible for (v) To inform the people of East Africa EAC Affairs in all Partner States coordinated on the role of EALA in the this activity to identify and access the target integration process; stakeholders. (vi) To get the feedback and recommendations on the integration. Expected Outcomes of the Sensitization Methodology of the Sensitisation (i) Sensitization of EAC people on the The Chapters employed the following overall integration process; approaches, among others, while undertaking (ii) Promotion of liaison with EAC the sensitization activities: National Assemblies and key (i) Held planning meetings to deliberate stakeholders; on the modalities of the how and (iii) Creation of awareness among the where to conduct the sensitization; people of East Africa on the gains and (ii) Held press conferences to inform the challenges of integration; public on the objectives of the (iv) Enhancement of mutual relationships sensitization; and sustainable networking between (iii) Held discussion with different media EALA and the people of East Africa; houses on the EAC Integration; (v) Informed people of EAC on the role (iv) Distributed brochures on the EAC of EALA in the integration process. Integration process, and handed over various materials including the EAC FINDINGS OF THE SENSITIZATION Flag and Anthem to the stakeholders; (v) Chapters conducted interactive BURUNDI sessions with the parliamentarians, local government authorities, civil In Burundi, the following Members society organisations, and private participated in the sensitization activities: sector among other stakeholders; Hon. Emerence Bucumi, Chairperson of (vi) Conducted sensitisation programs in Burundi Chapter, Hon. Isabelle Ndahayo, the higher learning institutions; Member, Hon. Leonce Ndarubagiye, (vii) Conducted field visits; Member, Hon. Emmanuel Nengo, Member, (viii) Made courtesy calls on different Hon. Jean Marie Muhirwa, Member, and Ms. dignitaries and Beatrice Ndayizeye who was the secretary to (ix) Held roundtable meetings. the Delegation.

Stakeholders of the Sensitization (a) Courtesy call on the Rt. Hon. President of the National Assembly of During the sensitization programme, The Burundi EALA committees in Partner States engaged the following stakeholders: Media, local

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The Hon. President of the National Assembly the challenges the Burundi Chapter is facing appreciated the visit by EALA Members and by working alone without support by EALA. Members briefed him about the objective of They thanked her for always availing an the visit. They informed him on activities officer from her Ministry to support them. undertaken by EALA during the sessions of The Senate should also be involved mainly August to September and that of October because it has a standing Committee on EAC 2016. He appreciated the fact that they Affairs. The Members recommended reported to him. strengthening the cooperation between the Ministry and the National Assembly. In their interaction, the Rt. Hon. Speaker of the National Assembly raised the following (c) Courtesy call on Local Leaders’ points: Association (ABELO) (i) The need to have a broadcasting programme in the National Radio and The Burundi Chapter met the ABELO Television on EAC Integration; representatives at their office in Bujumbura. (ii) The need for the continuation of media The Chairperson of this association presented coverage on EAC integration process ABELO mandate to Members. This especially on the important exercise Association was created in 2008. The main being done by EALA Members including role of the Association is to contribute in sensitisation. capacity building of communes and all local (iii) The need for the Ministry of the elected leaders for the sustainable President’s Office on EAC Affairs to development of local entities. The following implement Article 65(a) of the Treaty in are issues they raised: order to strengthen communication and fast track procedures (i) The Association is supportive to the integration process. ABELO He also pointed out challenges faced in appreciated the visit by EALA regard with harmonizing National Laws with Members and found it as an eye- EAC laws. opener on EAC Integration as they did not have useful information; In the same interaction, the visit of EALA (ii) ABELO requested Chapter Members Speaker to Burundi was evoked as a good to help them to learn from similar opportunity to talk about isolation of Burundi associations from EAC Partner by EALA. Therefore, there is need for States. To this end, Members of the Burundi Chapter to be always facilitated by association requested EALA EALA in all its activities like other chapters Members to get for them information and not just during sensitization. from EAC Partner States on Decentralization as they are in the (b) Courtesy call on the Minister at the process towards it. They were president’s office in charge of EAC Affairs requested equally to get information on how similar associations mobilize The objective was to inform the Minister on funds for their self-sufficiency and the third round of sensitization, the target learn from it and get for them model groups and the activities to be undertaken, laws on decentralization; among which was public hearings on two EALA pending Bills. They reminded her of

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(iii) ABELO requested to be always protect Human Rights of women. involved in the Public Hearings on Members informed the media that the EAC Laws whenever needed; FGM Bill has to be supported by (iv) The EAC Ministry should involve Burundians as claims for human ABELO in its sensitization exercise rights and fights against transmittable so that it can relay information to all diseases. communes of the country; (v) ABELO should get all EAC enacted (e) Courtesy call on the Governor of laws as it is done for all Ministries; Muyinga Province, Madam Aline (vi) There should be synergy between Manirabarusha ABELO and EALA Members as they all represent the population; Members visited Kobero One Stop Border (vii) ABELO agreed to relay the Post between Burundi and the United information they received from Republic of Tanzania, in the northern part of EALA Members to the population Burundi. Prior to this field visit, they paid a and they agreed to invite them in courtesy call on the Governor of Muyinga future to come and talk to leaders where Kobero is located. The following during its General Assembly. observations were raised:

(d) Interactive session with the Media (i) It was mentioned that before Burundi This interaction was preceded by a press entered into EAC, there was too much statement, which was read by the Chair of the smuggling at Muyinga Border which Burundi Chapter, Hon. Emerence Bucumi, has since stopped; who was also the Head of Delegation for the (ii) Advantages of integration are visible Committee that went to Burundi. The mainly through non-payment of visa following were issues raised by the media: fees and free movement is a reality (i) They recommended coverage of all near the border. People from both exchanges with the target groups so sides cross without identity cards and that they can share with all citizens; go back; (ii) They wanted to know what Burundi is (iii) The country has gained a lot in terms doing to gain more from integration. of tax collection looking at money The answer was that they have to be collected by Burundi Revenue informed on all laws that allow them Authority compared to before; to gain in various areas like education (iv) It was pointed out that refugees were and doing business in the region returning home to Burundi and found among others; their property safe. It was further (iii) They wanted to know why the FGM noted that there has been effects of law comes to Burundi when these climate change in Kirundo Province, practices are not observed in Burundi. which unfortunately caused famine to They were told that it is a way of people, forcing them to cross the protecting the population from being border from Burundi to Tanzania. influenced by bad practices, which However, whenever they arrive, they come with new cultures coming in claim to be running away from the with free movements of people. Bad political situation. practices have to be avoided and good ones emulated. The FGM Law will

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(f) Field visit and interactive session with (ii) There was a complaint by drivers that Customs and Revenue Authorities and owners of trucks delay to clear their small business communities at Kobero goods which has a cost implication; One Stop Border Post (iii) Business communities reported that there are delays occasioned by limited Members met the Director of Customs and number of personnel available over the person responsible for fighting the weekend; smuggling. He said that due to introduction (iv) It was observed that business of the EAC Single Customs Territory communities are ignorant about price systems that allow the clearance of imported variation problem, until they get goods to directly from the point of entry (Dar- clarification from Burundi Revenue es-Salaam), it was observed that taxes on Authority. Members, therefore, main products like maize and beans have recommends that these communities reduced from 18 per cent to 10 per cent. should be regularly informed on variation of prices. The use of GPS in tracking movement of goods is indeed a milestone and salaries for (g) Interactive session with university personnel have increased to motivate staff students and their professors at University of members. Fraud has also reduced according Ngozi to authorities found in place. The interaction brought together over 600 The following are the challenges they raised: participants including students, lecturers and (i) The non- harmonization of working staff members. At the meeting, the following hours in EAC; observations were made: (ii) They are not using the same system (i) They wish to see tangible gains with EAC Partner States in tracking resulting from the membership of goods, which requires the need to Burundi in EAC with regard to harmonize systems; education opportunities and (iii) Language is another barrier for employment; business communities because the (ii) They need more clarification on documents they use are in the English harmonization of school fees. Language, which they do not (iii) Students complained about the understand. There is, therefore, need high rate of unemployment in to have them translated into French EAC; and Kiswahili. (iv) Students requested Members to inform them on possibilities in While interacting with small business EAC Secretariat to fund youth communities, the following were projects; observations pointed out: (v) Students complained about the language used in the Community (i) It takes longer and costly to get a and asked when Kiswahili will certificate of origin at the border. start functioning. They requested More so, unrecognised certificates of to get dictionaries and books in origin are being issued at the border; Kiswahili;

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(vi) Students were concerned about the (ii) Stakeholders wondered why the loss of sovereignty once political FGM Law yet the practices federation is in place; stipulated in it do not exist in (vii) Students needed to know how the Burundi. Members responded that Community handles disputes the context offered by Common between EAC Partner States Market Protocol allows free because they found it as a threat to movements. As such, people its continuity; move with their cultures and can (viii) They recommend establishment of influence Burundians. Members Inter-University Network among said that the Law aims at fighting EAC students; against bad practices and human (ix) There should be free movement of rights violation. Furthermore, lecturers through professional EALA enacts, not only for networks between universities in Burundi, but also for all EAC the region; Partner States and there are such bad practices in some EAC (h) Public Hearings on two EALA Partner States; pending Bills: The EAC Prohibition of (iii) Stakeholders further observed Genital Mutilation Bill and the EAC other practices like “pulling” in Whistle Blower Protection Bill. some EAC Partner States, but which are not stipulated in the EALA Burundi Delegation Members law. Members informed included in their programme, public hearings stakeholders that “pulling” has on the captioned Bills. They agreed to meet not been reported as a bad stakeholders from various relevant Ministries practice, a reason as to why it is to brief them on these laws to get their views not included in the Bill. on how these laws can be improved. The key issues stakeholders identified were as (i) Specific Observations follows: (i) Parliamentarians from Social Affairs From the interactive sessions with Committees of the Chambers of stakeholders, the Members of EALA Parliament; Delegation observed the following: (ii) Representatives (one from the following ministries: EAC Affairs, Justice, Gender, (i) The sensitization and outreach activity Solidarity and Human Rights, Culture, was appreciated by all stakeholders Youth and Sports, Health and the Fight interacted with; against HIV/AIDS as well as Women’s (ii) Burundians need to open-up, change Forum. their mind-set and start to travel in EAC Partner States to access opportunities and After presentations on the two Bills by EALA start engaging in entrepreneurship. Members, the following came out: (iii) There is limited knowledge about the integration by the majority of (i) Stakeholders complained that stakeholders. Therefore, sensitisation they were informed on short should be continuous. notice and they did not get enough (iv) Students are very enthusiastic about time to look into the two laws; being part of a big Community and want

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the EAC to bring tangible gains to Partner consider French as one of the official States; language of the Community. (v) There is a keen interest of the students to 7. Urge EAC Partner States to get thorough information related to EAC harmonize systems in tracking and the laws it enacts. movement of goods. (vi) Stakeholders interacted with are keen to 8. Recommend a strong cooperation reap the gains offered by the regional between EALA and National integration mainly the youth who need to Assemblies as required by article 65 study the programmes they wish in EAC of the Treaty for the establishment of Partner States and business communities the East African Community. to engage more in businesses. 9. Recommend the media and schools to (vii) There is need for a regular update by teach the EAC Anthem to citizens of EALA Members on laws being enacted at Burundi; regional level to allow stakeholders to be 10. Urge private universities to teach the up to date. English language to their students and (viii) It was finally observed that EALA encourage them to use more internet has suspended all its activities on Burundi to reach information related to EAC ground. Integration.

(j) Specific Recommendations KENYA

1. EALA should work closely with local The EALA Sensitization activity was government associations in the undertaken by a delegation which comprised sensitization and outreach exercise to of the following Members: Hon. Nancy be able to reach citizens at the Abisai who was the Leader of Delegation, grassroots level. Hon. Abubakar Ogle, Hon. Abubakar Zein 2. Burundi Revenue Authority should Abubakar, Hon. Judith Pareno, Hon. Sara T. increase personnel during weekend to Bonaya, Hon. Mumbi Ng’aru, Hon. Saoli Ole be able to fast track goods clearance Nkanae, Hon. Peter M. Mathuki, Hon. Joseph at the Kobero Border Post. O. Kiangoi, Hon. Jeremie Ngendakumana, 3. EAC should ensure strict adherence and Ms. Anastacia Mbeba who was the to proper use of Certificates of Origin secretary to the delegation. This delegation at the border posts. engaged various stakeholders where 4. EALA should bring back its activities observations and recommendations emerged: to Burundi as it is being done for other Partner States. (a) Courtesy call on the Cabinet Secretary for 5. Urge the Government of Burundi to Interior and Coordination of National increase sensitization programs to its Government citizens to change the mind-set, become pro-active in The Minister, Hon. Joseph Nkaissery, entrepreneurship, and start to export appreciated the visit and Members in other EAC Partner States what is congratulated him on his appointment to this available in Burundi. docket. The Kenyan Delegation briefed the 6. Urge the Council of Ministers to fast Cabinet Secretary (CS) on the role and track the decision of Summit to mandate of EALA. They informed him about the activities being carried out by the

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Assembly. They also gave a brief history of (i) The E-Passport the sensitisation programme, how it began, where it is currently, and the achievements it The E-passport is aimed at simplifying travel has realised so far. in the region. The passport has enhanced security features and is aimed at improving The Members engaged the Cabinet Secretary the security situation in the region. on issues regarding peace and security in the region with emphasis being put on the many The Director General informed the EALA hotspots in the country; for instance, the team that his Department was ready to start north-eastern part of Kenya. The team also effecting the use of the E-Passports, come 1st discussed illegal activities that have been January 2017. The Department has already taking place in the borders. purchased machines for processing the passports. He further informed Members that The issue of insecurity in South Sudan was the E-passports would enhance security raised and Members requested the Cabinet issues. The e-passports will be fully digitized Secretary to urge the Government of Kenya and will incorporate biometric security, to come up with legal instruments to making it fully compliant with international intervene on this matter. best practice and, therefore, accepted at border controls all over the world. Members urged the Cabinet Secretary to pass a message to the Head of State so that he can Owing to these security features, the new give a message of hope to all East Africans passport will make it easier to negotiate visa- during the coming plenary sitting in Nairobi. free access to other countries. The common passport also reaffirms the right of residence Members also implored upon the Cabinet and establishment of all EAC citizens. Secretary to discuss with their counterparts about the issue of the EAC Peace and (ii) One Stop Border Posts Security Protocol, which Burundi has not yet ratified to with other EAC counterparts. Among the many initiatives implemented is the One Stop Border Post (OSBP) concept, (b) Courtesy call on the Director General, which has boosted trade facilitation across Immigration and Registration of Persons borders by harmonizing border control regulations and procedures and, thus, This Department deals with processing of enabling expeditious and more effective passports, visas, work permits and border border control mechanisms. management. They regulate entries, exits and foreign investment, maintenance and safe (iii) Border Management retrieval of documents. The department ensures that all the borders The Department issues work permits to posts are properly manned. However, due to foreigners coming in for either employment porous nature, these borders turn out to be or business. The Department also issues conflict areas such as those between Kenya student passes. They also allow citizenship and Somalia. for people who come from countries where dual citizenship is allowed. Below are the Kenya has taken a lead in attending to issues issues that were highlighted: regarding the EAC integration agenda and

Thursday, 24 November, 2016 East African Legislative Assembly Debates the immigration department has contributed After promulgation of the new Constitution to this through professional and effective 2010, the legal mandate of the CCK was services. expanded. As a result, the organisation did rebranding and became Communications Specific Recommendations: Commission.

(i) The Department should approach Their responsibilities entail: EALA to pass laws that affect the (i) Licensing all systems and services in region. the communications industry, (ii) There should be accelerated including; telecommunications, harmonisation of immigration laws in postal, courier and broadcasting; all Partner States in terms of work (ii) Managing the country’s frequency permits, free movement of persons, spectrum and numbering resources; capital and so on. (iii) Facilitating the development of e- (iii) Members encouraged the Department commerce; to go ahead and implement the use of (iv) Approving and accepting the E-passports through the communications equipment meant application of the variable geometry for use in the country; which is provided for under the EAC (v) Protecting consumer rights within the Treaty. communications environment; (vi) Managing competition within the Members complimented the Department for sector to ensure a level playing taking steps to register the Makonde people ground for all players; who make up a population of about 2,000 (vii) Regulating retail and wholesale people in Kenya. These people came into the tariffs for communications services; country as sisal labourers but they have been (viii) Managing the universal access fund living without any form of identification. to facilitate access to communications services by all in Kenya; (c) Courtesy call on the Communications (ix) Monitoring the activities of licensees Commission of Kenya (CCK) to enforce compliance with the license terms and conditions as well The Communications Commission of Kenya as the law. is the regulatory authority for the communications sector in Kenya. It was also observed that the affiliated international bodies include; International Legal Mandate Telecommunications Union (ITU); Commonwealth Telecommunications Established in 1999 by the Kenya Organization (CTO); African Information and Communications Act, 1998, Telecommunication Union (ATU); Universal the Authority is responsible for facilitating Postal Union (UPU); Pan-African Postal the development of the information and Union (PAPU); Association of Regulators of communications sectors including; Information and Communication in Eastern broadcasting, multimedia, Africa (ARICEA); African Advanced Level telecommunications, electronic commerce, Telecommunications Institute (AFRALTI); postal and courier services. Vision 2030; and, East African

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Communication Organization (EACO). The targeting users of mobile and internet following issues were discussed: services through a campaign dubbed “Chukua Hatua” and another targeting (a) Harmonisation of ICT Policies and postal/courier consumers dubbed “Kaa Regulations Macho”.

In order to achieve the objectives of the EAC Other consumer awareness initiatives that the Common Market Protocol with respect to Authority has carried out focused on ICT sector, it is necessary that ICT policies, Registration of SIM cards, mobile number laws and regulations across the Partner States portability, anti-counterfeit campaign, be harmonised. Consequently, the migration from analogue to digital development of harmonized policies and broadcasting, and universal access projects regulations is in progress. Priority areas for by the Authority. harmonization include licensing, tariff regulation, interconnections, numbering, and (d) Regulation of Media Content spectrum management. Currently, a work plan for the assignment has been developed, It was observed that the Communications and the process of developing EAC cross- Commission of Kenya also regulates border interconnections regulations is at an broadcast content. The Communications advanced stage. Commission of Kenya is also mandated to license all broadcasting service providers in (b) Harmonization of Mobile Roaming accordance with the Kenya Information and Charges within the EAC. Communications (Amendment) Act, 2013.

In response to concerns on the high cost of In accordance with provisions of Section mobile roaming charges within the EAC, the 46(c) of the Kenya Information and CA has developed a harmonized framework Communications Act, 1998, it is illegal to for mobile roaming charges. The framework provide any form of broadcasting service in imposes tariff caps on the Kenya without a license. Contravention of telecommunications traffic originating and this law attracts a fine not exceeding Kshs. 1 terminating within the EAC. Full million or imprisonment for a term not implementation of the Framework is exceeding three years or both. expected to be complete by October 2015. Specific Observations (c) Consumer Education (i) After the breakup of the former EAC, the The Commission carries out consumer ICT section of the EAC continued to education outreach programmes that aim to operate. East African Communications empower consumers by providing them with Organisation (EACO) was then relevant information as an effective established to deal with issues of mechanism to protect and help them make common interest in the EAC Partner informed choices when purchasing and using States. There are always teams that meet ICT. to discuss different issues affecting the region. A cordial relationship has always The Commission has, in the past, carried out existed among the Partner States. consumer education outreach programmes

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(ii) It was observed that the roaming charges Commission of Kenya should work are still very high in the region. The with the Ministry responsible for EACO recently started carrying out EAC Affairs as its collaborator to feasibility studies that should help lower deal with issues of compliance. The these rates. However, while conducting Commission should also collaborate this exercise, EACO fell into financial with the security systems to reduce on crisis and this exercise had to be halted. cybercrime.

(iii) Registration of SIM owned by citizens (ii) Members appreciated that the should be regularised in all the EAC Commission is not facing very many Partner States to cut down on possible challenges in the region since most crime. It was observed that a person could issues concerning the region are easily commit a crime in one Partner addressed through the EACO. The State and relocate to another Partner organisation is working in State. All Partner States, therefore, collaboration with other agencies like should establish laws regarding the National Cohesion and registration of SIM cards. It was further Integration Commission (NCIC). The observed that although the EACO has Commission is working with its peers been doing this, the organisation is still an from Partner States to improve on observer in the EAC since its members communications network. are private companies. The organisation is able to track down messages sent (iii) The EALA should come up with through mobile phones, which can incite legislation or a legal framework to the public. ensure registration of all SIM cards in all Partner States. This can be done (iv) Cybercrime is crime perpetuated through either in the form of a Council Bill or mobile phones like kidnapping, extortion, a Private Member’s Bill. political messaging and manipulation of phone numbers (this is where someone RWANDA. disguises their number and when they call you a different number other than the one The sensitization activity in Rwanda was they are using appears). These illegal carried out by the Delegation which connections should be stopped in all the comprised of the following members; Hon. six Partner States. Patricia Hajabakiga who was Leader of Delegation, Hon. Oda Gasinzigwa, Hon. Dr. (v) There is also non-harmonisation of the James Ndahiro, Hon. Xavier Francois registration of SIM cards due to lack on Kalinda, Hon. Dr. Odette Nyiramilimo, Hon. non-machine readable identity cards in Pierre Celestin Rwigema, Hon. Martin some EAC Partner States. Ngoga, Hon. Straton Ndikuryayo, Hon. Valerie Nyirahabineza, Hon. Frederic Specific Recommendations Ngenzebuhoro, and Mr. Enock Musiime, secretary to the Delegation. (i) All the six Partner States should implement the universal SIM card In a bid to undertake the sensitization in registration to stop crime in the Rwanda successfully, the delegation region. The Communications performed various activities and engaged

Thursday, 24 November, 2016 East African Legislative Assembly Debates various stakeholders where observations and laws among the Partner States in recommendations emerged: order to improve and strengthen interaction between the Council of (a) Planning Meeting. Ministers and the EALA.

The EALA delegation held a planning The EALA Delegation informed him about meeting on 28th October 2016. At this the background, nature and objectives the meeting, Members designed a program for EALA sensitization programme as routine the sensitization and agreed on which places activities carried out in all Partner States. to visit and the stakeholders to engage. Further, the Minister was informed that these activities aim at creating awareness about the (b) Courtesy Call to the Minister of East EAC Integration Agenda in general, and that African Affairs, Trade and Industry the sensitization program was currently in its 3rd phase. The EALA delegation on sensitization made a courtesy call on Hon. François Kanimbla, (c) Tanzania International Container the Minister for East African Affairs, Trade Terminal Services (TICTS) and Industry, Rwanda. The EALA delegation first and foremost congratulated him for his Members met the representative of TICTS recent appointment to the Ministry of EAC based in Kigali. He informed Members that Affairs and they invited him to be sworn in TICTS is a private company for handling by EALA since he is an ex-officio Member to containers of goods based at the port of Dar- participate fully in the activities of the es-Salaam. It opened a branch in Rwanda to Assembly. promote awareness among traders to use the central corridor. The EALA Delegation highlighted the operations of the EALA in collaboration with He further informed members that TICTS other organs and institutions of the helps traders in avoiding container loss Community including the Council of incidents and also clearing delays through Ministers where the Minister belongs. On this cargo insurance and physical verification of note, Members observed that the EALA goods at each stage and all times. operations are always disrupted due to a number of reasons including but not limited TICTS is well connected to Tancis, a customs to financial constraints, slow harmonisation clearing system used by Tanzania. He and approximation of laws among others. reported that Tancis is undergoing upgrading where by it will be able to interface with other From the meeting, the following systems used by other East African Partner recommendations were made for effective States. operations of the EALA: (i) Treaty amendment to provide for the It was further revealed that Tanzania Ports office of the Deputy Speaker; Authority (TPA) has improved the efficiency (ii) To fast track the finalisation of the and effectiveness of the port and that TPA institutional review which has lagged will be opening offices in Kigali during the behind for a long time; month of November 2016. (iii) To fast track the process of harmonisation and approximation of

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(d) National Monitoring Committee (viii) It was observed that on central (NMC) on NTBs corridor, Tanzania reduced the weighbridges to only three at The EALA Members met the National Vigwaza, Singida and Nyakahura and Monitoring Committee (NMC) on Non- congestion at the port of Mombasa Tariff Barriers (NTBs) and the following was reduced; observations were made: (ix) Roads were also upgraded both on the northern and central corridors; (i) The NMC concept was initiated in (x) The NMC pointed that studies were 2008 to operationalize Article 13 of carried out and they showed that in EAC Common Market Protocol, and 2010, cargo from Mombasa to Kigali was established in 2011 under the would take 15 days at a cost of funding of Trade Mark East Africa USD6,595, while Dar es Salaam to (TMEA); Kigali would take 19 days at a cost of (ii) In 2011 and 2012 Rwanda signed a approximately USD6,000. However, memorandum of understanding and a recent study done in 2015 has established a joint border committee shown that cargo from Mombasa to on NTBs with Uganda and Tanzania Kigali takes only 5 to 6 days at a cost respectively; of USD4,833, while from Dar es (iii) Partner States established NMCs at Salaam to Kigali takes 3 to4 days at a National level and have so far done a cost of USD3,600; tremendous job in identifying and (xi) NMC members also highlighted that removing the NTBs in the East Trinity public buses are now allowed Africa. However, despite the good to carry passengers to Dar es Salaam progress, some NTBs still exist while unlike in the past. However, left hand new ones come up; buses are not allowed and buses with (iv) It was observed that in 2010, 45 Rwanda number plates are charged a NTBs were reported. However, they road toll fee of USD150. Moreover, increased to 136 by 2015. Out of this, these Rwandan registered buses are 106 were resolved while 30 are still not allowed to load and offload outstanding. It was said that these passengers on the Tanzanian soil until NTBs mostly affect the manufactured the final destination. These conditions goods moving in the region; are expensive and restrictive in (v) NMC informed Members that the nature; introduction of the EAC Single (xii) It was observed that no incidences of Customs Territory has tremendously container theft from Rwanda have reduced most of the identified NTBs been reported since April 2015 where on both northern corridor and central a container worth USD1 million was corridor, and that the electronic single last stolen at the Port of Dar es window is operational. Salaam. Measures that are taken to (vi) Introduction and construction of control theft include close monitoring OSBPs has also contributed to the and insurance of containers; reduction of the NTBs. (xiii) With regard to standards, it is clear (vii) Extension of working hours (24hrs) that there is an existing regional law, on some borders also did a great deal which is the EAC Standards, Quality with regard to removal of NTBs; Assurance, Metrology and Testing

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(SQMT). The application of this law with the officials of the board. At the is a responsibility of bureau of meeting, the following observations were standards of the Partner States. made: However, in the United Republic of (i) Members were informed that RSB Tanzania unlike other Partner States, started in 2002 to provide services in when goods approved by Rwanda standards, quality assurance, metrology, Standards Board, they are further testing and certification. RSB follows on subjected to approval by Tanzania the above mentioned services nationally Food and Drugs Authority. This and regionally under the guidance of the results into double checks and EAC Standards, Quality Assurance, increase the cost of doing business in Metrology and Testing Act, 2006; terms of time and resources. It was (ii) It was reported that 70 per cent of the further noted that the delays also lead regional standards have been adopted expiry of goods that have short life while 30 per cent are not yet adopted span such as perishables; majorly because of slow pace of (xiv) Members noted with concern that the harmonisation of laws, rules and NMCs face challenges such as; regulations; resolving NTBs and reoccurrence of (iii) With regard to calibration in Rwanda, it new ones in different nature, was noted that RSB deployed inspectors documentary evidence as required by at four borders out of fifteen borders; council in reporting the NTBs and (iv) It was reported with concern that limited operational budgets to products from Rwanda certified by RSB sensitize other stakeholders on how to with its certification marks cannot address NTBs. access Tanzania markets without being subjected to Tanzania Food and Drugs Recommendations Authority yet the RSB marks are recognised by all Partner States’ bureau (i) It was recommended that all the of standards including Tanzania Bureau EAC OSBPs should harmonise all of Standards. This acts as an NTB and the working hours and operate on a does not facilitate cross border trade; 24 hours basis to reduce more NTBs; (v) It was reported that there is no (ii) NMC’s should adopt an SMS accreditation body in East Africa feedback approach to assist in instant subjecting all products that need reporting the identified NTBs; accreditation to South Africa and (iii)NMCs should regularly update the European Union for that purpose; EALA on the progress of NTBs in (vi) It was also found out that Rwanda is in the region; the process of establishing an authority (iv) All standards matters should be called Rwanda Inspection and regulated by the existing regional Competition Authority (RICA). This since it takes precedence of the authority will be responsible for quality national similar laws. assurance and certification among other responsibilities; (e) Rwanda Standards Board (RSB) (vii) It was observed that consumers in the EAC are not protected from cheap poor Members of the EALA visited the Rwanda products imported from other countries; Standards Board (RSB) and held a meeting

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(viii) It was observed that Rwanda is in the mind set and attitude on how to use process of establishing laboratory for the border; testing pharmaceuticals. However, there (iii) It was further observed that there is are limited skills regarding standards in limited space to accommodate the region; passengers and cargo due to the (ix) It was mentioned that peer review on terrain of Gatuna; inter laboratory inspection comparisons (iv) The border community in Gatuna at a regional level is done regularly. strongly desires to have a physical market where they can sell their Recommendations merchandise. However, it was mentioned that Ministry of EAC (i) The Council should fast track the Affairs, Trade and finalisation of amending the EAC Cooperatives(MINEACOM) is in the Standards, Quality Assurance, process of constructing a modern Metrology and Testing Act. I want to market at Gatuna Border; point out that this Bill has been (v) It was found out that there are cross outstanding and we are informed that border associations comprising of it has been sitting with the Legal and membership from both countries. One Judicial Sectoral Council for many of them is an association of years. moneychangers. These associations (ii) It was recommended accreditation even hold regular cross-border body should be established in the meetings to iron out cross-border region; challenges; (iii) Consumer protection mechanisms (vi) It was observed that people from both should be stepped up in the region; Uganda and Rwanda can open bank (iv) Standards harmonisation processes accounts in either of the country’s should be given adequate budget bank using identity cards; allocations; (vii) Use of identity cards has eased cross- (v) Education systems in EAC should border movements at Gatuna; include standards in the curricula to (viii) Traders decried of the fact that promote and enhance skills in the certificates of origin for small traders region. that are issued at the border are being charged a fee on the Ugandan side yet (f) Gatuna OSBP they ought to be free of charge. In addition to that, they are issued by the At the sensitization activity in Gatuna OSBP, private companies yet they are the following observations were made; supposed to be issued by the Revenue (i) It was observed that Gatuna OSBP is Authority free of charge; very busy with active border (ix) Traders commended the EAC operations. However, the OSBP integration on the fact that customs facilities and structures are still under duties on tradable products were construction; reduced, levies on vehicles crossing (ii) It was observed that a lot of to a different country were relaxed, awareness needs to be undertaken for temporary movement permits for one border communities to change their year are issued to travellers without identity cards including and one area

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network whereby roaming charges knowledge gap regarding regional were reduced; integration; (x) Adequate awareness should be (v) Corruption: Stakeholders complained provided to people about the of corruption tendencies at the border importance of owning yellow fever especially on the Tanzanian side cards as a requirement to cross where a certain amount of money is borders. demanded in return of the services required; Recommendations (vi) The border community portrayed ignorance about the importance of (i) The construction of the physical yellow fever vaccination card; market at Gatuna Border should be (vii) Period of stay: It was highlighted that fast-tracked; Tanzania allows a limited time of (ii) Awareness on the use of yellow fever below six months in their territory cards should be improved among the and fines those who exceed the given people intending to travel across period of stay. The border community borders; decried that this requirement should (iii)Engage Uganda bilaterally and be harmonised with other EAC through cross border meetings to Partner States; address the issue of the simplified (viii) Trinity transport buses with Rwandan certificates of origin. number plates are charged USD150 while buses from Tanzania are not (g) Rusumo OSBP subjected to any fee; (ix) It was reported that agricultural During the sensitization, activities at Rusumo products imported from Rwanda need One Stop Border Post (between Rwanda and to have sanitary certificate that acts as Tanzania), the following observations and an obstacle to cross border trade. recommendations were noted: (i) The Customs Border Manager Recommendations appreciated the One Stop Border Post for facilitating clearing and (i) Traders were encouraged to form forwarding, which used to take 4 cross border trade cooperatives to hours but now it takes 30 minutes; protect them from corruption, make (ii) Members were informed that vendors them understand cross border laws are charged a lot of money when they and requirements and be easily buy foodstuffs from across for their funded by the government; families; (ii) It was recommended that a medical (iii) Work permit: Members were further facility at the border should be informed that Rwanda Immigration established to vaccinate those who offers free work permit to Partner need yellow fever cards to cross the States’ citizens to work in Rwanda border; while Rwandan nationals are charged (iii) Ministry of local government to to get a work permit to work in communicate travel requirements to Tanzania; the people as much as possible; (iv) Awareness gap: It was observed at the (iv) Establishment of information desk at border community that there is still a the border need to be fast tracked.

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(h) Akanyaru One Stop Border Post Burundi), the following observations were (OSBP) made;

This is the border post between Rwanda and The border management informed the Burundi. While touring the border, the Members that the OSBP was built in 2008 following observations were noted: under the funding from African Development (i) The Akanyaru Border operates from Bank with a purpose to facilitate cross border 6:00 a.m. to 6:30 p.m.; trade. It was found out that before the OSBP (ii) Members were informed that was built, the two border posts were Burundians move freely from approximately 6 kilometres apart. However, Burundi to Rwanda. However, since inauguration in 2009, border staffs from Rwandans movement to Burundi is both Rwanda and Burundi share the same restricted; building. (iii) Food stuffs such as fresh fruits, vegetables and other agriculture It was further mentioned that before the products from Burundi to Rwanda OSBP the clearance procedure used to take were stopped; 1hour and 30 minutes whereas now it takes (iv) Public vehicles from Rwanda only 45 minutes or less. carrying passengers are also restricted to enter Burundi. Therefore, they The Management and coordination of offload passengers at the Rwandan activities of the OSBP alternate between side; Immigration Border Managers of both (v) It was noted the Akanyaru OSBP is Partner States for six months deputized by the no longer active because the border counterpart. operations are down as a result of restricted movement of people; It was observed that all staff from both (vi) Border staff for both Partner States no Partner States share common utilities such as longer share offices as per the water and electricity. There are harmonized operational requirements of the border standard operating procedures, which OSBP; act as guidelines to implement day-to-day (vii) It was observed that the construction activities. of OSBP structures was put on halt due to insecurity. A number of challenges currently facing the border were identified as follows: Recommendation (i) No housing, water and electricity facilities at the border; The EALA Members committed to continue (ii) The border lacks a scanner; advocating at a regional level for provision of (iii) Burundi authorities do not allow long lasting solutions to political problems foodstuffs and other produce from that disrupt cross border operations between Burundi to be sold to Rwanda; both countries. neither do they accept the ones from Rwanda to Burundi. This act (i) Nemba OSBP has disrupted cross border trade; While carrying out sensitization activities at (iv) Rwanda Revenue Authority Nemba OSBP (between Rwanda and informed Members that tax revenues at the border have

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reduced by approximately 80 per side, the Immigration Service Department cent; informed the team that as a department, they (v) It was mentioned that Joint have been participating in the integration Border Meetings no-longer take process from the time of negotiating the place due to security issues in Treaty. Specifically, they participate in the Burundi. Meetings of the Forum of Chiefs of Immigration, which works under the Sectoral UNITED REPUBLIC TANZANIA Council of Ministers responsible for East African Community and Planning. In the United Republic of Tanzania the activity was conducted in Dar es Salaam and They explained that cooperation among Tanga from 27th October to 7th November, immigration services started before the 2016 by the EALA with the following signing of the Treaty for the Establishment of Members: Hon. Charles Makongoro Nyerere the East African Community. In relation to was the team leader, Hon. Twaha Taslima the implementation of Common Market, was the team secretary, Hon. Nderakindo Immigration is doing the following: Kessy, Hon. Abdullah Mwinyi, Hon. Adam (i) Participated fully in the negotiation of Kimbisa, Hon. Shy-Rose Bhanji, Hon. the Protocol for the Establishment of Maryam Ussi Yahya, Hon. Bernard the EAC Common Market; Murunya, Hon. Angela Kizigha, Hon. Yves (ii) Amendment of the immigration rules Nsabimana and Mr. Asheri Wimile was to make them comply with the secretary to the Delegation. requirements of the Protocol for the Establishment of the Common (a) Visit to the Immigration Service Market; Department (iii)Reduced the residence fees for citizens from EAC Partner States The Team visited the Immigration Services from USD2,000 to USD500; Department headquarters in Dar es Salaam (iv) Conducting training to officers for interactive meeting with the management. especially those on the border on the The team met with the top management of the requirements of the Protocol; Department under the leadership of Acting (v) They participated in the development Commissioner General of Immigration Ms. of the new EAC E-Passport and the Victoria Lembeli. The meeting focused on related instruments; two agenda: sensitization and discussion on (vi) They are Members of the National the preparedness of the department in relation Committee on the Implementation of to the implementation of the East African Common Market and the Committee Community Common Market, specifically on the Elimination of Non-Tariff the free movement of persons and right of Barriers; and establishment. (vii) They are also Members of the Regional Committee on Elimination The team made a presentation on the of Non-Tariff Barriers. historical background of the East African Community, stages of integration, functions The Department also explained some of the of EALA, opportunities of integration and the challenges they face: need to sensitize the citizens to enable them (i) The problem of illegal immigrants to participate in the integration agenda. On its especially from Ethiopia, Somalia

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and Eretria who enters Tanzania about the integration process, challenges and using other EAC Partner States; benefits. (ii) Difference of the external policies and cooperation among the EAC (c) Meeting with the Regional Partner States. For example, Commissioner for Tanga Ethiopians does not need visa entering Kenya while they need visa At the Port of Tanga, it was observed that the in entering Tanzania; and, port is becoming more important in the EAC (iii)Increase of cross border criminal integration as it is going to be the final activities. destination for the oil pipelines from Hoima, Uganda. Therefore, the region should Following the interaction with the sensitize its citizens to prepare for the Immigration Services Department, the team economic boom. observed the following: (i) Immigration have done tremendous It was recommended that areas for work in implementation of EAC investments should be planned and opened integration agenda in general and up for investors and business people Common Market Protocol in especially those from the EAC. particular; (ii) The Ministry of Foreign Affairs and A number of challenges facing the port were East African Cooperation should identified including the problem of illegal intensify coordination of ministries immigrants and the illegal importation of and institutions within the country; khat (miraa). Khat is illegal in Tanzania and where it is considered as one of the illicit (iii)Partner States need to cooperate more drugs due to its proven effects to the users. in tackling cross border and However, khat is legally grown in Kenya for transnational criminal activities like export. illegal immigrants. With regard to the port of Tanga, the (b) Meeting with the Former Speaker of following recommendations were made: EALA (i) There is need for improving the infrastructure connecting Tanga and The Team visited the Former Speaker of other EAC Partner States especially rail EALA, Rt. Hon. Abdulrahman Kinana at his for the optimum utilization of the Tanga office in Dar es Salaam. The Team used that Port; and, opportunity to discuss various issues relating (ii) There is a need for Partner States to work to the integration process of the East African together in addressing some of the Community. Among the issues discussed challenges like the problem of khat were the Burundi crisis and the ongoing (miraa) in the region. peace negotiation, the slow pace in the implementation of various stages of (c) Meeting at the Horohoro Border integration, expansion of the East African Community since the joining of the Republic At Horohoro Border, the following of South Sudan, and the role of EALA in observations emerged during the interaction: sensitizing the citizens of EAC Partner States (i) The building of OSBP is complete and the launching is underway

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although they are still working on business especially changing money. installing the system linkage between The team was informed that under the Tanzania and Kenya; OSBP Agreements no business is (ii) About 15 passenger buses cross the allowed within the custom territory; border of Horohoro daily; (xiii) They complained that they are (iii) Lack of facilities such as water, cold charged a fee of Tshs180,000 when room, warehouses, residential houses they weight their goods at the border. and other social services like schools It was learned that the fees is charged and hospitals to cater for officers by the Weight and Measures Agency working at the border; though the team could not ascertain (iv) Certificates of origin are issued at the the reason for such a fee; border for goods that do not exceed (xiv) Some young people are taken to USD2000; Kenya for religious where they end (v) People are still using un-official up being radicalised. For example in routes (panya roads) to escape taxes the 2016/2017 a total of 70 young regardless of the fact that goods people were rescued and their manufactured within the EAC are not passports are confiscated by the taxed; authorities; and (vi) Mkinga District in Tanzania always (xv) It was observed that around 95 per have bilateral meetings with the cent of the people living there are not Kwale District in Kenya to discuss citizens of Tanzania but they are various issues affecting the claimed to be citizens of Kenya. They community of the two districts; explained that it was their (vii) The Tanzania Revenue Authority grandparents who crossed the border conducts education programs to small and established themselves on the scale traders to educate them the Tanzanian side, but until now, they procedures; are not recognized as Tanzanians (viii) A problem of illegal immigrants hence they are denied some of their especially Somalis, Eritreans and civil rights. Ethiopians was identified; (ix) The District Council is doing audit Specific Recommendations areas of investments and residents near the border in order to utilize their After the interactions between Members and geographical advantage. There are the border community at Horohoro, the plans to build a physical market at the following were recommended: border and they have so far allocated (i) The EAC Summit of Heads of 1,000 plots for that purpose. States should put more efforts to (x) Many people still uses unofficial fast track the on-going peace routes (panya roads) to export/import negotiation for the Republic of goods because of lack of awareness; Burundi; (xi) Border passes are not issued at the (ii) Partner States through their border, hence they are forced to relevant ministries must take extra follow them to Tanga; efforts to educate the public on the (xii) Small traders especially those who EAC integration; are changing money are prohibited to (iii) Governments need to construct enter the border (custom area) for decent houses for the officials

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working at borders. Equally, the In carrying out this activity, Members related social facilities should be engaged various stakeholders and made a provided; number of observations and (iv) The sensitization program by recommendations: EALA should be a continuing exercise; (a) Courtesy call on the Speaker of the (v) The EAC Secretariat and Partner Parliament of Uganda States need to develop systems of involving common people in the During the interaction, a number of issues integration process; and were discussed, which included the following (vi) Government officials from all among others: relevant institutions and (i) The Third EALA has been quite authorities need to be sensitized on effective, but the link between EALA requirements of EAC integration and the national parliaments was still to enable them facilitate the weak. How to use the laws passed by process. EALA is still a challenge, which is (vii) There is a need to fast track being compounded by the lack of finalization and launching of the effort to amend the Treaty provisions OSBP at Horohoro; governing the matter. (viii) The problem of water at the (ii) EALA needs to interact more with the Horohoro Border should be solved Committee on EAC Affairs. The to facilitate the operation of OSBP; EALA should ensure that all (ix) The border officials should committees of EALA meet and work develop sensitization programs to together with the respective sensitize the community the committees of the national integration agenda; and, parliaments during public hearings on (x) Authorities at the border enforce Bills and other oversight activities in various laws, some of which are the Partner States. still a hindrance to the smooth (iii) It was noted that although implementation of the EAC sensitisation and outreach programs Customs Union and Common are a relatively new idea in the EALA, Market. it was well received among the stakeholders because the information UGANDA given raised a lot of awareness on the EAC integration; The EALA delegation that undertook (iv) It was noted that the implementation sensitization in Uganda comprised of the of the EAC Common Market Protocol following members: Hon. Nusura Tiperu had registered some successes, who was Leader of Delegation, Hon Opoka however: - Chris, Hon. Dora Byamukama, Hon. Mike (a) The Common Market Protocol Sebalu, Hon. Bernard Mulengani, Hon. was designed for implementation Margaret Zziwa, Hon. Fred Mukasa Mbidde, at the Partner State level and there Hon. Dr. Martin Nduwimana, and Ms. Gloria is no regional framework to whip Nakebu, secretary to the delegation. the Partner States in its implementation;

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(b) Each Partner State is some of the highlights of the interaction that implementing the Protocol at its followed: own pace, resulting in the (i) Available statistics indicate that EAC Protocol being static in some of intra-trade has grown and yet the the Partner States; economies of all the Partner States are (c) The Principle of variable depreciating. The statistics are not geometry adopted by the EAC commensurate with a positive means that the treatment of the indication within the countries and in EAC citizens in the Partner States the region; is varied; (ii) The joining of the Republic of South (d) Learning of Kiswahili should be Sudan into EAC was also spearheaded in Uganda for appreciated; competitive advantage for the (iii) It was observed that there are high Ugandans. number of refugees in the region and (v) The funding challenges that the EAC Uganda in particular. Therefore, there is currently facing, is caused by the is need for a common mechanism for Partner States delays in meeting their the management of refugees in the financial obligations. Therefore, there region. Notably, EAC Law on is an urgent need to find an alternative Disaster Risk Reduction and source of funding for the EAC; Management should be (vi) On the Bills that are currently before operationalized to help in handling the Assembly, the following issues the issue of refugees in the region; were discussed, among others: (iv) It was observed that the Monetary (a) On the Gender Bill, it was noted Union and Political Federation are that EALA should benchmark very ambitious stages of integration. with countries that have enacted Therefore, the focus should be on similar laws like Namibia, which establishing several relevant passed a similar law in 1999. institutions for effective (b) On the Whistle Blowers Bill, it implementation; was observed that there is a need (v) The views of the people on the East to put in place special machinery African Political Federation are to minister rewards and the important; protection of witnesses because (vi) It was noted that as the team of the law could be misused; experts drafts the EAC Constitution, (c) On the Female Genital Mutilation the views of the people should be Bill, it was observed that there sought and incorporated; was still a lot to be done, and that (vii) It was recommended that for EAC to EALA could be involved in the address the current funding meeting of IGAD on FGM challenges, it should invoke Article currently being chaired by the Rt. 143 of the Treaty for the Hon. Speaker Kadaga. Establishment of the East African Community, which provides for (b) Press Conference sanctions on a Partner State that defaults in meeting its obligations. In Following a press release issued by the addition, the summit directive on the EALA Working Group, the following are alternative and sustainable funding

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mechanism of the Community should (d) Meeting with the Committee on EAC be fast tracked. Affairs

(c) Interaction with Uganda Chamber of At this meeting, the following observations Commerce and recommendations were highlighted: (i) It was observed that there is need The Uganda National Chamber of Commerce to re-orient focus on regional and and Industry (UNCCI) is the oldest international perspectives of nationwide umbrella organisation for the governance. Integration is a private sector in Uganda. During the meeting structural aspect that is not easily with EALA, the UNCCI made a presentation appreciated by the people. There covering what UNCCI is all about. is therefore need to integrate this into the interactions of the The UNCCI commended the EAC for the national Members of Parliament some positive effects of the Integration. with the people; However, they highlighted a number of (ii) This is a competitive world and to challenges that need to be addressed: survive, there is need to create (i) Harmonisation of the Economic viable entities that will move Processing Zones Law; integration to the next level in (ii) The need to harmonise the Investment terms of implementation of laws Codes in the EAC; governing the Community; (iii) Expensive air travel in the region; (iii) It was pointed out that integration (iv) Fast-tracking the review of the EAC is all about people and facilitating Competition Act to deal with cross- them through creating mediums border and multi-jurisdictional of exchange to allow transactions competition cases; in a manner that is convenient, (v) Need to have an EAC that is what the Monetary Union dispute/mediation resolution centre to is aiming to do; resolve business conflict in the (iv) The Partner States of the region; Community are still operating as (vi) Harmonisation of bank rates; sovereign states. There is (vii) Harmonisation of business financing; therefore need to ensure that they (viii) The Code of Conduct for business in operate as an entity by ceding the region which was developed by some of the powers to the centre; the private sector in the EAC should (v) The Committee on EAC Affairs is be legalised; critical because Parliament plays (ix) Harmonisation of scaling and testing a role in the integration process machines; through representation, (x) Removal of NTBs, both those staying legislation and oversight, which is by commission and those staying by reduced into concrete actionable ignorance; interventions by the EAC (xi) The logistical challenges that make Committee; exporting AGOA to the USA very (vi) The role of EAC Committee in expensive. the integration process is in the status of implementation of Council and Summit decisions;

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(vii) The EAC Affairs Committee student debates, EAC clubs in should be part of the EALA secondary schools, the EAC Nanyuki Series Seminars because associations in universities, EAC the more the people, the better the essay competition for secondary multiplier effect; school students, and EAC youth (viii) There are still challenges facing ambassadors in tertiary institutions; the domestication of the laws (ii) It was noted that there is need to passed at the regional level. The rationalise and assist students to get Common Market Protocol is still internship training in the East African facing some challenges in the area Community; of the free movement of persons (iii) It was noted EAC Partner States need across the borders. The EAC to align their respective visions to the should focus on and address the EAC Vision 2050 as well as African challenges in implementing Union Vision 2060; principles agreed upon or the (iv) It was noted that the strategic protocols signed; objective of the EAC integration is to (ix) It was stated that there is need for engage the youth strategically to the EAC to intervene in the address rampant unemployment in conflicts between border the region; communities, for example at the (v) It was further noted that the EAC is Uganda-Kenya border; anchored on a foundation of peace (x) It was observed that the air and security. Therefore, strategies to transport in EAC is too costly. ensure that all communities work Therefore, the EAC airspace together to ensure peace should be should be liberalised; developed and upheld. (xi) Insecurity is affecting different EAC Partner States. Therefore, (f) Visit to the Uganda Heart Institute peace and security in EAC should be prioritised for people to At the Uganda Heart Institute, the following appreciate the benefits of issues were discussed, among others: integration; (i) It was observed that the Institute is an (xii) There is an urgent need for entity under the Ministry of Health. Uganda to take up Kiswahili. Following the passing of the Uganda Heart Institute Act, 2016, the Institute (e) Interaction with Kyambogo can explore the avenue of Public- University Private Partnerships; (ii) It was noted that the minimum At Kyambogo University, the EALA Team requirement is a bachelors in Nursing, interacted with a group comprising the followed by a specialisation in student leadership, members of the Cardiology. It was however pointed University teaching staff, and members of the out that there were no such training University administration and the following centres in Uganda. So the Institute were highlighted: depends on a programme of skills (i) It was noted that there are a number transfer, which is done in-house; of student activities sponsored by the (iii) It was explained that the Institute had EAC in Uganda. These include, set up its own training programmes,

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especially for cardiologists and Justice and Constitutional Affairs and they surgeons, to train in-house through raised the following issues: fellowships, which requires (i) Uganda has an FGM law in place and establishing universal accreditation; other Partner States should be encouraged to do the same; (g) Visit to the Uganda Cancer Institute (ii) The focus of the EALA Bill should be on dealing with the perpetrators who At the Uganda Cancer Institute, below are cross the borders in the region; some highlights of the general interaction: (iii) Although the EALA Bill is in sync (i) It was noted that Uganda Cancer with the Ugandan law, there are some Institute is an EAC Centre of significant discrepancies. The Excellence; penalties need to be harmonised; (ii) The Government of Uganda provided (iv) The Ugandan Act has a trans- Ugsh25 billion as the initial tranche boundary provision that the EALA for construction of the institute; should look at; (iii) It was noted that the institute has a (v) The Ugandan Act provides for self- machine for treating cervical cancer. cutting, which is missing in the However, the Institute requires four EALA Bill; new modern machines; (vi) Measures to prohibit the practice need (iv) It was pointed out that although free to be incorporated in the EALA Bill; medicines are provided, delivery (vii) The penalty in the EALA Bill need to delays are phenomenal; be increased to a minimum of 10 (v) The Institute has a Community years so that it is deterrent; Cancer Awareness Programme which (viii) Leaders and elders in the provides community awareness and communities that practice FGM free screening services; should be taken on board in the fight (vi) It was observed that the Institute against FGM. plans to be self-sustaining in terms of funding, and therefore it is exploring (j) The Whistle Blowers Bill other sources of income as an EAC Centre of Excellence. This Bill attracted stakeholders from the Inspector General of Government and the (h) Public Hearing on Bills following were some of the highlights on the Bill: The public hearing considered the EAC (i) Article 134 of the EAC Treaty gives Female Genital Mutilation (FGM) Bill, and the Audit Commission some powers. the EAC Whistle Blowers’ Bill and the The Bill should be able to recognise following observations were made on the and capture this; Bills: (ii) The Bill should explore ways of handling confidentiality in light of the (i) The EAC Female Genital Mutilation advent of ICT; Bill (iii) It was observed that regional laws should be more flexible than national The FGM Bill attracted stakeholders from the laws and should not be so Ministry of Gender and from the Ministry of constrictive;

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(iv) The aspect of timeframes is very (iv) It was observed that political crisis in important; attention should be paid to Burundi hinders the EAC integration this in the Bill. Propose a minimum of process; 2 years and any extension has to be (v) It was observed that insecurity in the justified; EAC region is affecting EAC integration (v) The Bill should include a provision process. for the protection of other witnesses not specified in the Bill; General Recommendations (vi) The Bill requires further consultations with corruption The Assembly recommended that: agencies; (i) Sensitisation and awareness on the EAC (vii) There is a need to organise a re- integration process be institutionalised to drafting session for the Bill. The be a continuous activity; Rules of Procedure in the EAC Treaty (ii) Urged the Partner States to fully requires the Sectoral Council on implement the Common Market Protocol Judiciary, which is charged with the which provides for free movement of responsibility of drafting EAC Bills, people, capital and services among to pre-empt redrafting; others, to allow citizens of East Africa to (vii) The importance of the Bill is to enjoy their rights; provide for a whistle-blower not to be (iii) Urged the Partner States to eliminate the disclosed. The Bill should provide for NTBs which impact negatively on intra- evidence given in camera. regional trade activities; (iv) Partner States to address the issue of General Findings of the Sensitization work permit to facilitate those who wish Programme to work in EAC Partner States; (i) It was observed that there is limited (v) The issue of certificates of rules of origin awareness among the people on EAC should be addressed to facilitate cross integration, its programs and benefits and border trade; how to explore for the opportunities; (vi) The EAC Summit of Heads of States (ii) Harmonisation of national laws is one of should put more efforts to fast track the the critical steps required to facilitate on-going peace negotiation for the regional integration. It is a process that Republic of Burundi; has to go hand in hand with other (vii) Peace and Security in EAC should be undertakings of Partner States, otherwise, prioritised for people to appreciate the all agreed programs and stages of benefits of integration, and the EAC integration may be hampered by national should fast track the implementation of laws; the EAC Peace and Security Protocol; (iii)Members observed the growing interest (viii) Summit of Heads of State should of the participants/stakeholders in upgrade Kiswahili to be one of the embracing and learning the Kiswahili official languages of the Community. language. Besides promoting unity among the EAC populace, Kiswahili Mr. Speaker, Sir having read this long Report language is a critical medium of with 31 pages, I want to put it that this Report communication that will further facilitate was received by the subcommittee only trade in the region; yesterday afternoon. We tried to do what we did.

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Africans. You are also welcome in Burundi. With those few remarks, I beg to move and Burundi is safe for you and Burundians are request that the Report be adopted – expecting to see you soon again. (Applause). The second issue I would like to raise is one The Speaker: Thank you very much, Hon. that is raised many times when we meet Patricia for a good presentation of the Report. different stakeholders. This is about the Indeed, on behalf of the Office of the Clerk, relationship between EALA and the National we apologise to the subcommittee of five Assemblies. This is a very big concern and persons who attended to this Report. I we even fail to convince Members of remember I just gave you yesterday to work National Assemblies when we meet them. by the side of the Plenary and I was worried that you would not put this together. Mr. Speaker, Sir, Article 65 is very clear. Therefore, I really would like to congratulate However, I cannot say that the the subcommittee for putting this Report implementation is not there because EALA is together. trying to do its best. The Clerk sends all records as we are told. This includes Bills and Honourable Members, the Motion before this resolutions. We have seen that Ministers are Assembly is: - trying their best because they respond to all questions and give reports of what is going on THAT the Report of the EALA on the in the EAC and in the EALA in the National Third Sensitization Activities Assemblies. However, we still have conducted from 27th October, to 6th challenges. Different stakeholders appreciate November, 2016, in Partner States be the work of the EALA but National adopted. Assemblies claim that they are totally disconnected from our work, and they want (Question proposed) to know what we are doing. I can even give an example. The Speaker: Debate is open. Let me start with Hon. Isabelle. As the EALA, we are at the regional level and we make laws for the region. At the national Ms. Isabelle Ndahayo (Burundi): Mr. level, there are National Assemblies. When Speaker, Sir, I will try to be very brief we make laws at the regional level, because many of the observations we made sometimes they are not necessarily passed at during this activity seem to be the same. The the national level and they need amendments. Third Sensitization exercise was again very Those who do amendments are Members of successful. It was a good opportunity for us Parliament (MPs) of National Assemblies. to evaluate the effects of the previous session So, if they are completely disconnected, it is of sensitization. We have now started to then not easy for them to know what needs to realise its impact. People are now following be done. what we are doing in the EAC and at the EALA. They have realised the impact of I would like to ask this Assembly and the EALA in Burundi. It was an issue, which Council of Ministers to help us work in came up many times, but we did not want to harmony on how to report. This should be bring out the findings from different harmonised in all Partner States. If need be, stakeholders. Burundi still needs East we can share with other Partner States and tell

Thursday, 24 November, 2016 East African Legislative Assembly Debates them what we are doing in order to solve this problem and maybe come up with a good way Mr. Speaker, Sir, the last issue I would like to of doing it in the region. raise is a correction to the Report. As you said, we received it yesterday in the Another issue that I would like to raise is afternoon. We could not spot all the mistakes about the certificate of origin. I will not say but the issue I want to raise here – I do not too much, but this issue needs to be given know whether it was done purposely or by more attention. People should be aware on mistake and maybe they will help me – is how to use this and how they can get it. Many about Akanyaru OSBP and it confused me. problems occur which are caused by The Report says that it was noted that ignorance in most cases. Akanyaru OSBP is no longer active because border post operations are down because of When we were meeting the members of the restrictive movement of people. It has also community at the border point, they said that been pointed out that the border staff for both sometimes they go into Tanzania, for Partner States no longer share offices as per example, to buy matchboxes, which are the operation requirements of the OSBP. I labelled at the back “Made in Kenya”. They think this is wrong because the OSBP never think that it is enough when you buy products existed. in big quantity and that it is not necessary to have a certificate of origin. The issue is, how Dr. James Ndahiro (Rwanda): On a point can they get the certificate of origin? They do of information, Mr. Speaker, Sir. I want to not understand why it is necessary to have the inform my colleague, Hon. Isabelle that the certificate of origin when it is clearly written physical buildings were not yet there but the where a product originates. All these were existing buildings were used as such. People issues, which were raised by different from Burundi operated in the same buildings stakeholders who need to use the certificate at the border side of Rwanda and people from of origin. Rwanda crossed to the other side in the existing infrastructure. The operations were We realised that the certificate of origin is the there as they continued with the construction main reason we found very many trucks at the programme. Thank you. border post. Therefore, the Council of Ministers should help us. This The Speaker: Thank you. Hon. Isabelle. recommendation is also in the Report but it needs to be clarified. Ms. Ndahayo: If I may go on, in No.7, they have said that the construction has been put I also would like to say something very on halt due to insecurity. briefly about public hearings. It is about information we gave to people and shared The Speaker: Hon. Isabelle that is a very with them. There was an issue raised interesting point. Do you concede to the regarding participation of people in public information that the physical infrastructure hearings. People wanted to contribute on the OSBP on the border was not yet completed two Bills we were dealing with but the time but the practice of OSDP was ongoing as was not sufficient for them to prepare and given by Hon. Dr. Ndahiro? contribute. So, this Assembly should organise another time for public hearings in Ms. Ndahayo: Maybe we will get that order to enrich those two Bills properly. information from the Council of Ministers

Thursday, 24 November, 2016 East African Legislative Assembly Debates because I am not convinced by the direct impact on their daily lives. The EAC information provided. The last issue is that if integration is not exclusive to politicians and the construction was not stopped because of few companies that conduct business and insecurity but to the best of my knowledge, trade amongst themselves but it is meant to by lack of funds and the mobilisation of funds involve every East African, young and old, is ongoing. Maybe the Council of Ministers rich and poor, men and women, educated and will help us on that. Thank you. uneducated, employed and unemployed and also farmers. All these are direct beneficiaries The Speaker: The Chairperson of the of the EAC Treaty. Council of Ministers has the status report of the OSBP. You will remember that the To sensitise East Africans is to tell our Committee on Communication, Trade and stakeholders about what is happening in this Investment visited all the OSBP and the Community and for whom. Our youth and records are clear in this House. Therefore, I women have a special role to play in the EAC caution Members to speak cautiously when especially taking into account that now there they are referring to matters, which have are a lot of emerging easy markets of the already been documented in this House. products across East Africa. We all know the importance of sensitization. Sensitization is a Hon. Shy-Rose, you may proceed. strategic tool for integration. We need to keep our people informed about the opportunities Ms. Shy-Rose Bhanji (Tanzania): Mr. and the solutions so that they can get answers Speaker, Sir, thank you for giving me this and take full benefits from our local East opportunity so that I also contribute to this African industries. very important Motion on Sensitization Activities conducted in our Partner States. The subject of sensitization is very dear to my Let me begin by congratulating Mheshimiwa heart and mind because when I was Patricia Hajabakiga for presenting the Report campaigning for an EALA position, I made it very eloquently. plainly clear that this would be my mission; to focus on sensitization of the EAC affairs to Mr. Speaker, Sir, we are discussing an the East Africans. important issue of EAC sensitization. Without sensitization, all the efforts of Mr. Speaker, Sir, taking stock of my four uniting six countries of the EAC Partner years plus in EALA, I have noticed that I States – in uniting these countries in the EAC have regularly and consistently campaigned framework and resulting of policies and the on the role and importance of sensitization benefits – will be meaningless to the majority for the EAC benefits and its impact to our of the East Africans who are now numbering people. I take this opportunity to thank you, 165 million people. this Assembly and the Council of Ministers for approving the sensitization programmes Mr. Speaker, Sir, today, we cannot take it for because they are of great benefit to our granted that this integration will progress people. I expect a round of applause. without involving as many East Africans as (Laughter) possible in order to inform, educate and give them updates on the issues that are Mr. Speaker, Sir, you will agree with me that developing in the EAC. This is very the Third EALA has shown tremendous and important because these developments have immense contribution and improvement on

Thursday, 24 November, 2016 East African Legislative Assembly Debates sensitization activities. Equally, I would like Dr. Martin Nduwimana (Burundi): Mr. to commend all the Members who took part Speaker, Sir, I thank you very much for in the sensitization programme in various giving me this opportunity to contribute to counties. You did a commendable job. All the this very important Report. Before that, things that we have had in this Report are because it is the first time I am taking the very commendable. Floor during this meeting, I must express my thanks towards the Republic of Kenya, Mr. Speaker, Sir, I have always been very through His Excellency the President and his critical to the Department of Corporate Government, the Speakers, the Parliaments Communication of the EAC. However, there and our colleagues from the Kenyan Chapter is a saying that goes; give credit when it is for welcoming us in this very nice city and due. Over the years, the Department has done very good country. a very good job. Today, you can see that the Department is working day and night on As some colleagues have said, we are already social media such as Twitter and Facebook enjoying Nairobi. It is a bit cold and wet but and every other media including the those are graces. For those who are very electronic media and hard news media. They sensitive to cold, I invite our colleagues to are doing a very good job. I know this is not show them how they can stay warm because the topic for today but as a way of they know the ways and means to do so. information, I thought I should tell them to Personally, I am okay. keep up the good work. Mr. Speaker, Sir, back on the Report, I stand Finally, let me conclude by saying that the to support it and congratulate Hon. Third EALA has done a commendable job on Hajabakiga for having worked hard and sensitization strategy but there is still much to brought it in a timely manner. I will speak on be done. So, we should continue with this the side of the Ugandan Chapter because it strategy. That way, I will also have was in Uganda that I performed my duties in something to go back home with and say that terms of sensitization activities. I wish to I managed to fulfil what I had campaigned for express my heartfelt thanks to the Ugandan when I was vying for EALA position. Chapter for having adopted me in their Because we have been able to publicise Chapter. It was the first time I performed the EALA very much, now it is very well known activity and I felt that definitely I would be across East Africa and beyond. Therefore, we part of the fourth or the fifth ones because should expect very many candidates to vie for Uganda is already my home. many positions that we are currently occupying. So, my dear colleagues let us all A Hon. Member: You are welcome! be prepared. I am fully prepared and so help me Lord. Dr. Nduwimana I heard someone say that I am always welcome. Thank you very much - Asante Mheshimiwa Spika. (Interruption).

The Speaker: Thank you very much. That is The Speaker: Dr. Martin, you should not a fruit of sensitization. mind because the Common Market Protocol is very clear about the right of settlement and We will have Dr. Martin and then Hon. establishment for all East Africans. You may Maryam. proceed.

Thursday, 24 November, 2016 East African Legislative Assembly Debates

Members of National Assemblies in order to Dr. Nduwimana: Thank you very much. I move together. am the one to testify that it is true. Mr. Speaker, Sir, with those few words, I beg Mr. Speaker, Sir, the sensitization in Uganda to submit and stand to support the Report. I went on very well. With each and every thank you. partner we met, the outcomes were always excellent. We sensitised people but also in The Speaker: Thank you very much. We turn got a lot of information. We had very will now have Hon. (Dr.) Odette. rich interactions. Within the good, there is usually the best. To me, the best was the Dr. Odette Nyiramilimo (Rwanda): Mr. meeting we had with the committee in charge Speaker, Sir, thank you. First of all, I would of EAC Affairs from the National Assembly. like to thank the people of Kenya, starting It was very interesting and I want to assure with His Excellency the President of Kenya, you that during the three hours of meeting the Speaker of the National Assembly, the with them, the discussions were very Senate and Members of Kenyan Chapter for relevant, rich, deep and of course useful. This the warm welcome they always reserve to us could be partly because those MPs are new in while we are in Kenya. From the onset, I parliament. It was evident to me that they would like to also congratulate and thank were interested and committed to come back Hon. Patricia Hajabakiga for the very good and contribute to the integration agenda. Report she has presented to us and the team from the commission who worked on it As you can see, in the Report, not less than because it is a very good report. 13 points have been touched. We parted ways with them although we felt that it was Mr. Speaker, Sir, this is my eighth year in not time to separate. Lucky enough, we EALA. I think something very important was separated with them with a commitment that missing in the first six years I spent in EALA we have to interact again. I would like to and that is the sensitization activity. We request the presenter of the Report, if she started it last year but it should have been wishes, to pick the point I am alluding to. I started with the First EALA and not the Third will read it and it is a kind of an amendment EALA. While conducting sensitisation that is to the Report. It is a point which could stand when we really feel that we are representing as a strong commitment between the the people of East Africa as parliamentarians. committee in charge of EAC Affairs and During sensitisation, we can see what is EALA Uganda Chapter on the critical being done. The oversight activity is importance of meeting and interacting on a facilitated. When we sensitise the people of regular basis in order to enhance the East Africa, we know which laws and Acts integration agenda. This is very important. are lacking and we can start thinking of how we could initiate laws. This is a very good Just to conclude, we touched on this initiative for our Third EALA to make sure yesterday and Hon. Isabelle mentioned it that we have sensitisation during our tenure. again. It is important that our sensitisation activities take place when we are meeting Mr. Speaker, Sir, we talk about NTBs and during Plenaries in a particular country so some people who are engaged or supposed to that we take the opportunity to interact with work on stopping proliferation of NTBS always fear to talk about complete

Thursday, 24 November, 2016 East African Legislative Assembly Debates suppression of the NTBs. NTBs are still there was good in all the Partner States according and some are new. One of them, that I to the Report. I congratulate the Third EALA observed last week, is the certificate of origin and our very able Speaker to have achieved which is necessary to prove that goods are this. Thank you very much. made in East Africa but not imported from outside or at which level the goods have been The Speaker: Thank you Hon. (Dr.) Odette. manufactured in East Africa. When traders We will now have Hon. Maryam and then I are at the border, it becomes very difficult for will come to this side. I will give priorities. them. It can also give room to corruption because I have seen somebody who crossed Ms. Maryam Ussi Yahya (Tanzania): Mr. the border. When he was at the border, he was Speaker, Sir, thank you very much for giving asked to produce the certificate or origin from me way to speak. First of all, let me also a town which is about or more than 1,000 thank Hon. Patricia Hajabakiga for kilometres. That person had to ask for eloquently putting the report before us somebody to send blank certificates of origin because all the Chapters were represented. I without stamps. The person was even asking also thank and congratulate you because you me how to fill them. That was the first time I have done this many times. It is because of saw the certificate of origin and I wondered your administration that we started a robust how one could have a blank certificate of sensitisation programme. origin and fill it themselves because they could fill anything. They trusted me but that Mr. Speaker, Sir, I just have three points. was a real shock because if people can even First of all, since I did the sensitisation in access blank certificates of origin, that means Tanzania, let me take this opportunity to they had to pay something in order to receive congratulate the United Republic of Tanzania them. Sometimes we put laws in place hoping through the Immigration Services that they will be followed but we need to be Department Headquarters. They have done on the ground to see how implementation is tremendous work. We had a very informative being done. meeting with them. They gave us a lot of information which is in points (b), (c), (d) and Something else I would like to talk about is (e) on page 23 of the Report. when we plan the sensitisation programme, we should take into account the EAC Week. Mr. Speaker, Sir, it is only when we do The Ministry of EAC Affair should organise sensitisation as EALA Members that we sensitisation activity during EAC Week. realise we have problems in our countries and Sometimes there is duplication of the that we need to represent them properly in activities that EALA has conducted. For EALA. I am saying this because there were a example, we had been invited in Rwanda to lot of queries about the Immigration Services participate in the EAC Week but, Department. However, since I have been unfortunately, we were already engaged in serving in EALA and this is almost my final EALA activities and we could not. If it had year, we have never been to the Immigration been the other way round to have activities Services Department. As you know, there after another period then go to the were a lot of queries on the borders and all sensitization together with the Ministry, that that. When we got there, we received a lot of would have been a good thing. I think it very important information. Most of it was should have been better than how it was but about the decrease of visa fees from what we have done regarding sensitisation USD2,000 to USD500 and there was a little

Thursday, 24 November, 2016 East African Legislative Assembly Debates bit of confusion about harmonization. This “In pursuance of the policy of the needs to be clearly defined. Some Partner Community of popular participation States are saying harmonization of laws is to in the achievement of its objectives make laws apply equally in all Partner States. and so that the Council may be able to However, some understand harmonization as take into account in the exercise of its to harmonise so that all flows together and it functions, the opinion of the general does not mean zero tariff or specific tariffs. public in the Partner States on matters The Treaty does not specify the issue of relating to the achievement of the harmonization. objectives of the Community as expressed through the debates of the Mr. Speaker, Sir, since it was a sensitisation elected members of their National programme, I will put forward a problem that Assemblies, and those of the arose during the Plenary in Zanzibar whereby Assembly and to foster co-operation young students from the East African Partner between the Assembly and the States had gone to Tanzania for a programme. National Assemblies of the Partner Unfortunately, Ugandan students got stuck States hereinafter referred to as “the there because they were supposed to pay fees National Assemblies”: both in Tanzania and Zanzibar. The Immigration Services Department has so far Mr. Speaker, Sir, we have not been having cleared that. Officers at the Immigration close relationships with Members of National Services Department said that they have not Assemblies. It is very hard for us who want received any information about that. So, we to be in the Fourth EALA to go and campaign urge the Immigration Services Department to because they will be asking us where we have provide information to all East Africans on been all these years. The only Member of fees that need to be paid by students because National Parliament from Tanzania who this is one way of having corruption. They knows us well is the Minister here because told us that all students of East Africa are free she is here with us all the time. If we followed to go in Tanzania and they do not have to pay what the Treaty instructed us, we would not any fees. be talking about all these problems of approximation, harmonization and our Mr. Speaker, Sir, allow me to go to my EALA laws. second point on relationship between EALA and the National Assemblies. I was a We should have begun sensitisation activities Member of the Committee on General and conducted them every year to meet with Purpose. All the time I stood to speak during MPs of Partner States, explain to them our the session that discussed the Budget and programmes and tell them what we are doing. during other times, I insisted on sensitisation At the end of the day, they are the ones who and I am happy that it has been done. I always make sure that the laws we pass here are talked about the relationship between implemented. They are our constituency but Members of national parliaments and EALA. their constituencies are people of East Africa. I am now happy that in this Sensitisation So, we cannot just go to someone’s Report, all the Partner States have realised constituency and start talking yet the MP of that it is important. The relationship is that constituency does not even know who provided for under Article 65 or our Treaty Maryam Ussi is. I cannot, therefore go to an which I will read quickly. It states that: MP’s constituency and start talking about East Africa. If we all stuck to this Treaty

Thursday, 24 November, 2016 East African Legislative Assembly Debates which we all signed, there would be no continue serving in EALA and hope that the problems. Now we are having a lot if sensitization programme will be done every difficulties to explain ourselves; who we are year during our tenure – (Interjection). and what we are doing because people do not know what we are doing. Ms. Nusura Tiperu (Uganda): On a point of information, Mr. Speaker, Sir. I just want to Mr. Speaker, Sir, taking this into account, the give assurance to my sister, Hon. Maryam Nanyuki Series is coming. We are happy that Ussi and to urge her to be positive. a part of Members of National Parliaments Considering the manner in which she has will be there. My suggestion is that we should given her contributions in this House, I not just put a specific theme for Nanyuki believe she will be in in the next EALA. Series because the MP from the Government of Uganda and the United Republic of Ms. Ussi: Hon. Tiperu I have taken the Tanzania are all new and they do not even information but the only problem is that my know the theme of Nanyuki Series that we contribution here might not reach even 10 per spoke about last time. So, it is better that cent of MPs in Tanzania. However, I thank during the meeting of Nanyuki, we put you for your information. Of course I want to different themes so that at least we give come back. different information to the Members of national parliaments. I am dwelling too much Mr. Speaker, Sir, we need to put the on this even though it is away from the programme in the first, second, third and sensitization because all Partner States have fourth year until the fifth year because they given this as a problem. Just few weeks ago, may not talk about this during their fourth the United Republic of Tanzania held a year. seminar on integration process. People were texting me to ask what integration is and that I thank you. means that they are not aware and they need to be aware. The Speaker: Hon. Ussi, thank you very much. I would like to allay your fears that in Mr. Speaker, Sir, I would like to urge the our annual calendar, we still have Council of Ministers to do something about sensitization ongoing before elections. So, the issue of Kiswahili because we have seen just belt up for it. the Burundi and Uganda sensitisation reports talking about Kiswahili. Burundi said that I would like to give my good friend and they want all paperwork to be translated into brother from Burundi the Floor. Kiswahili. Ugandans are also proud to study Kiswahili. So, it is time our Council of Mr. Jean Marie Muhirwa (Burundi): Mr. Ministers, through our Chairperson, passed a Speaker, Sir, thank you for letting me have resolution regarding the use of Kiswahili as the Floor to express my regards on the serious the East African language. It is the Ministers issues that we are dealing with. Before I who have access to our Head of Summit. We move ahead, I am quite honoured to stand up urge that when you meet with them, you in this House to make my speech for the first should put our resolution forward and tell time since I got elected to be a Member of them to not only note what EALA Members EALA. Allow me to express my gratitude are saying but what the East Africans on the because of the way you warmly welcomed ground are saying. I pray to God that I me. I thank you for that.

Thursday, 24 November, 2016 East African Legislative Assembly Debates

Third is the issue of amendments. When you Secondly, before I move ahead, allow me to go to page 7 of the present Report, the correct join other voices to congratulate His position is that the Chapter met ABELO Excellency President Uhuru Kenyatta, the which is the association of locally elected President of the Republic of Kenya. I also Members but it is written here that the chapter thank the people of Kenya for their warm met an association of local leaders, which is hospitality that they have shown us because not the case. we are really enjoying. I would also like to take you to page 31, and Mr. Speaker, Sir, allow me to apologise in I will read points four and five under General advance. I am very sorry if I will express Findings of the Sensitisation Programme. myself in a way or a manner which you may consider inappropriate. I beg you to point out (iv) It was observed that political crisis in to me when I am out of order because I am Burundi hinders the EAC integration still adapting to rules and regulations of this process; House. Allow me then to move forward. (v) It was observed that insecurity in the EAC region is affecting EAC I stand up to contribute and give views integration process. regarding the present report on sensitisation. First of all, I support this Report though I Mr. Speaker, Sir, my conviction is that the have some contribution to make with regard political crisis Burundi is facing is a political to assessing it so as to enrich it. I support problem. This fourth point should be Hon. Isabelle for what she presented here removed from this Report because I am about the function of OSBPs of Akanyaru. I wondering how the political crisis in Burundi got information but I was not totally hinders EAC integration process. A question convinced because when you look at a comes to my mind on whether there was a detailed schedule of OSBP and the status, study conducted by EALA or the EAC to find you will find that formerly Akanyaru OSBP out that the internal crisis hinders the EAC did not existed. What happened was not due process of integration – (Interjection). to insecurity in Burundi but rather, it was due to budget constraints. When you read the Mr. Fred Mukasa Mbidde (Uganda): On a formal report that we have, you will see that point of order, Mr. Speaker, Sir. The process the finalising of the budget to make it a reality of formulation of the Report has the basis of is still ongoing. That was the first issue. substantive study by the rules of this Assembly called sensitisation. Therefore, is Secondly, moving further to this, I am quite the current speaker in order to say that the satisfied and convinced that to make results of the Report are not backed by a integration in East Africa a reality, we have study, where in fact, he is part of those that to reinforce the behaviour of sensitisation. conducted the study because he was a According to me, sensitisation should be Member by then? carried out in different countries by groups of Members from different Partner States. This The Speaker: The honourable Member is would raise the relevance of the reports expressing his views. First, in his own views, presented. he acknowledges that there is a political crisis in Burundi. Secondly, he asserts that the political crisis in Burundi, in his opinion,

Thursday, 24 November, 2016 East African Legislative Assembly Debates does not affect the political integration of the all, let me also take this opportunity to thank EAC. The report which is a compilation of you for the good work done. As a newcomer findings and an agreement of the people who in this Assembly, I am in a good position to compiled says that the political crisis in tell you about the impact of sensitisation Burundi affects the integration. It may not because I have been following it up and I had stop it. The final person to accept a privilege of being a Member of the task amendments or not in our Rules of Procedure force when Rwanda was joining the EAC. and processes as we do here is the Mover of That is what I have been waiting for all these the Motion. So, the Member is at liberty to years. I take this opportunity to thank the express his opinion but the final say will be Assembly and the able leadership for putting done as per our Rules of Procedure. this in place because outside there, citizens have been benefiting from the work you have Honourable Member, proceed. been doing this year.

Mr. Muhirwa: Mr. Speaker, Sir, thank you. Before going further, I also want to thank the Let me conclude in the same line. Further to team which compiled this Report though it this conclusion headed by what I have been has been read by Hon. Patricia whom I also saying before - (Interruption) - appreciate. I take this opportunity to also support the Report because it contains most The Speaker: By the way, honourable of the important points and areas which we Members, this House deserves to apologise to think will take this integration forward. Hon. Jean Marie. Our rules provide that in your maiden speech, you are just as good as I have few recommendations to add on this. that and nobody is supposed to interrupt you. Once again, I request the Speaker to bear with Sir, you are liberty to speak. Proceed. me if my proposals have been discussed in previous deliberations of this Assembly in Mr. Muhirwa: Mr. Speaker, Sir, thank you one way or the other. First is on the procedure once again. I was saying that we are quite and/or the methodology of doing this satisfied because due to the political crisis in important activity. It would be wise before Burundi, there is internal and external embarking on this important exercise to take dialogue. The internal dialogue is being a stock of the priority areas and focus on what guided by EAC organs via Mheshimiwa Rais we want to undertake during our outreach Mstaafu Benjamin Mkapa. So, what is programme. I assume this can be found in the happening in Burundi may affect the region reports, researches and different papers and I think we should work hand in hand. We which have been passed throughout the should have a look at the EAC not as a group period. We can decide which areas at the of individual countries but as an entire single regional level we feel it is high time to take common community. Thank you. down to the community and talk the citizens about. We should listen to them and come up The Speaker: Thank you very much Hon. with feedback which we will use in planning Jean-Marie. our future programmes or doing the advocacy for those who are supposed to do the Hon. Oda. implementation especially through the Ministers responsible for EAC affairs. Ms. Oda Gasinzigwa (Rwanda): Mr. Speaker, Sir, thank you very much. First of

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I am proposing that if it is possible we have a the issues and come back with issues we feel plan before we go for sensitisation. We need need to go to another level. to know the major focus areas we will take to the regional level without putting aside the I will end by again thanking all of you. I priorities at the national level because I also enjoy being part of this good team and I am understand that we are from different learning a lot from you. I hope I will do member states and we might be having enough during the little period I have before different challenges in sensitisation and the end of this Assembly. making sure that people understand the EAC integration. All in all, I think we have some The Speaker: Thank you very much Hon. priority areas at the regional level, as a group, Oda for that good input as a fresh brain and which we can focus on without putting aside mind from out there and validating the impact the national priorities as it has been said. of the sensitization programme.

Secondly, I support what Hon. Odette Hon. Yves. mentioned and would like to add a little bit of practicality in how this can be done. She Mr. Yves Nsabimana (Burundi): Mr. proposed harmonizing the planning of the Speaker, Sir, thank you for giving me this sensitisation. At times, you will find that opportunity to contribute on this important some stakeholders especially the Ministries Report. I will start by thanking the President of EAC or sometimes our national of the Republic of Kenya, His Excellency parliaments have programmes of President Uhuru Kenyatta, the people of sensitisation. With the experience I have, Kenya and the Members of the Kenyan sometimes when you go as different Chapter for the welcome they gave us and the institutions, for example, in this particular commitment they have in the integration case as EALA, EAC and parliaments that agenda. gives an opportunity for the citizens to also get feedback there and then. This is because Coming to our Report, I thank the Kenya we take some of the issues they raised when Chapter because I was with them in the First we went for the sensitisation and bring them and the Second Sensitisation exercises. I here. However, someone from the Ministry would also like to thank the Tanzanian can immediately give the feedback and tell us Chapter because I was in Tanzania. I thank those things we need to take up to EALA them for having adopted me as an EAC level for more advocacy and implementation citizen and as their brother for conducting through the programme. So, I feel that we this activity. I felt at home being mwananchi need to maximise the time, resources and mwenyeji. Asanteni sana brothers and sisters energy of the people who go down to the - (Interruption). communities. But again, we should not leave our citizens waiting for us to give them The Speaker: Hon. Yves, sorry for the feedback after another period of time when interruption. Honourable Members, the we go back during another period of guideline as set out by the Commission for sensitisation. Even if we have one period the sensitisation is such that if any Member during the year where we can organise with of the Assembly would like to go and work in the implementers, legislators and another another Partner State, he or she is at liberty to group which we feel can go with us, then with do so. Members go to Partner States as that kind of planning, we can solve some of working committees of the Assembly and

Thursday, 24 November, 2016 East African Legislative Assembly Debates sensitisation is just designed as such. So, Mr. Nsabimana: Mr. Speaker, Sir, thank these are working committees of the you for emphasizing that. Assembly and any Member can do it anywhere because the choices are open. The Speaker: There is a point of Thank you very much. clarification.

Hon. Yves, proceed. The Minister in the Office of the President for EAC Affairs, Burundi (Ms. Leontine Mr. Nsabimana: Mr. Speaker, Sir, I have Nzeyimana) (Ex-Officio): Mr. Speaker, Sir, two observations that I would like to share it is good that you have made it clear. So, with this House. When we go out there to there is no vocabulary of adoption and visit citizens, we should not do things the way everybody can go to anywhere they want to we have been doing them. When I tell EAC work and there should be no adoption. citizens that I am Nsabimana, Member of EALA representing Burundi that is not a The Speaker: Thank you. Hon. Yves, good way of introducing myself. When you proceed. are sworn in this House, you stop being an ambassador of your country and become a Mr. Nsabimana: Mr. Speaker, Sir, the representative of all the citizens of the EAC. second point I want to raise is a request but I say this because when I say that I am Yves not a point of observation. When we were Nsabimana, a Member of EALA born in conducting the sensitisation activity, I Burundi that shows, to the one I am observed that communities that share borders presenting myself to, that I am committed to around Partner States are facing a lot of the integration agenda. If something happens problems. This House may not have the in a particular country, I am also convicted solution to their problems but the solution is not to consider that as a problem that in the hands of Ministers of different Partner concerns someone else or one that is far away states. I would like to request, through this from me but one which is my concern and I House, that the five Ministers should carry should be committed to contribute in solving out sensitisation together since they are it. That is why I said that we must keep in Members of this House. mind that we are EAC citizens and must represent the EAC citizens. That is what I There are problems surrounding borders. If observed when we were in Tanzania. the Council of Ministers takes time to do the (Interruption) same sensitisation we are doing, this Community will go very far and we will solve The Speaker: Hon. Yves, that is a matter of many problems. One day, I wish to see the law and Members should know it clearly; we five or six Ministers, if South Sudan is do not represent Partner States. We represent incorporated, working on a programme of the East African people. If by any slightest sensitisation – (Interjection). chance any Member thought he was representing his country, he should get that The Third Deputy Prime Minister and out of his mind. Minister for EAC Affairs, Uganda (Dr. Kirunda Kivejinja) (Ex-Officio): Mr. Proceed. Speaker, Sir, point of information. I thank the honourable Member for giving that information. Efficiency goes with

Thursday, 24 November, 2016 East African Legislative Assembly Debates organisation. The Council of Ministers and border of Horohoro and Lungalunga raised the Legislature have got specific roles. The the issue of land. Those people expressed best way is not to bog the whole system to themselves and said that they have been perform one thing but rather let each organ do living there for more than 40 years but they its work. The team should establish what is to do not have any citizenship up to now. The be done by the Ministers and give them the issue of water is also a very a serious task and then they will come up with the problem. They also raised very many issues answers. We should not say that if we are which touch on the issue of the Government moving together, then it means we are or MPs from the national assemblies. efficient. We shall be very inefficient and Therefore, he is right but he should find out achieve nothing. how MPs can help him. However, during sensitisation, we discovered that there is The Speaker: Thank you honourable nothing we can do to help especially with the Minister and Hon. Yves. issue of OSBP.

The Minister in the Office of the President There are places where people work at night for EAC Affairs, Burundi (Ms. Leontine but that does not happen in other places. Nzeyimana) (Ex-Officio): Mr. Speaker, Sir, Regarding the issue of Horohoro in Tanzania point of information. I would like to inform side, they work and the vehicles are allowed this House that in Burundi, every year, we to pass on one side of Tanzania but they are have a budget set for sensitisation. Last time, not allowed to pass on the other side. we had planned to do the sensitisation as the Therefore, they wanted to know the views of Parliament together with EALA. We could the EAC. There are Kenyans there and also not make it but they did it on their own and I people from Tanzania but only one side is know that other Partner States do that as well. permitted to carry out activities and yet on the So, we are on board with other states other side people are not allowed. Others also concerning the sensitisation issues. Thank said that they have been there for many years you very much. and wondered why they are not allowed to have land occupancy as citizens. They have The Speaker: Thank you very much previously been permitted to vote for their honourable Minister. president and other representatives but last year they were not allowed to vote. So, there Mr. Nsabimana: Mr. Speaker, Sir, I thank are land issues there and the issue of the different Ministers who have given me citizenship. They also wanted to know where information. There are many problems in the they belong because they have been there for surrounding populations that share borders years. which need to be solved by the Governments. The problems cannot be solved by EALA. Mr. Speaker, Sir, I thank you. EALA can only make recommendations - (Interruption) - The Speaker: Hon. Yves, proceed.

Ms. Angela Kizigha (Tanzania): Mr. Mr. Nsabimana: Mr. Speaker, Sir, I would Speaker, Sir, point of information. If I may like the Ministers to be sensitive regarding help Hon. Yves because he was part of the some problems around the borders. This is delegation that carried out sensitisation in because the issues can cause problems. The Tanzania. Citizens of Tanga between the

Thursday, 24 November, 2016 East African Legislative Assembly Debates issues need to be solved by governments borders daily. So, they said that they have to quickly. manoeuvre their way at times and that may involve corruption. The bigger idea was that Ms. Kizigha: Mr. Speaker, Sir, I take the the services should be made available at the information which is good. However, I would border. There must be somebody there to do like them to take the problems in their hands vaccination and give the cards. If the services and solve them because they are the are provided for one, two or three years, we immediate persons who can find solutions for will have the whole population around the those populations. border in possession of the cards which last for 10 years. That was one point from which Thank you, Mr. Speaker, Sir. I support the this idea originated. Report. There was also the issue of visas for those The Speaker: Thank you. Hon. Ngoga. who travel deep into Tanzania. As we said yesterday, one should have a visa for a longer Mr. Martin Ngoga (Rwanda): Mr. Speaker, stay. So, there is no clear instruction or proper Sir, I am also pleased to join my colleagues enforcement at the border to make sure that here to appreciate the fact that this activity happens. Even if there is room to exercise has taken place and possibly it has become discretion, it must be exercised reasonably the most popular activity that this Assembly and there must be some explanation. They is doing. It has added a lot of value to EALA said this is another opening where people out there in the Community. For that reason, have to manoeuvre their way to have a longer we have to commend you, first of all, for the visa in order to stay longer in Tanzania. So, it inception of the idea itself and Members who was not just an accusation but an explanation have participated in these activities. in the context that I have said. I do not know whether this should be a recommendation or Back to this Report, I just want to start with correction of the content but the services one point which is a correction to Hon. must be provided at the border and also Patricia’s Report. I was part of the team that proper instructions should be given to those visited Rusumo Border Post where the issue who are responsible for issuance of visas. about corruption was raised. That is on Page 21 where it is indicated that stakeholders Mr. Speaker, Sir, I would like to make a complained of corruption tendencies at the recommendation and this is a kind of footnote border especially on the Tanzanian side to what Hon. Oda has suggested in terms of where a certain amount of money is how we can improve our planning. Two demanded in return for the services required. weeks ago, there was the EAC Week in I want to put this in context. It is not a Rwanda where they did pretty much of what complaint that came in such a raw accusatory we had already done. It involved the Ministry form. There were complaints about certain of EAC Affairs and other stakeholders services that are missing at the border and as meeting with the same people we had met a a result, they create openings for possible few weeks ago and telling the same stories we corruption. At times, corruption does happen. had been telling them. So, I think this kind of repetition can bore our stakeholders. I guess One such service required is the yellow fever the EAC Week is supposed be rotational in card. Most citizens around the borders do not the entire region. Therefore, we should at have the yellow fever cards yet they cross the least make one sensitisation activity to

Thursday, 24 November, 2016 East African Legislative Assembly Debates coincide with the EAC Week. That will help will take the people-centred approach and us to partner with other stakeholders as Hon. this is exactly what we are doing. I would like Oda suggested but also to avoid duplication to use this opportunity to urge the Council of of what we do when we go to meet citizens. Ministers that as we budget next time, we should reserve enough money for Mr. Speaker, Sir, lastly, another sensitisation. I remember when we had recommendation is that we should do this plenary in Kampala, His Excellency activity and get recommendations. We will President Yoweri Kaguta Museveni approve the Report but what is the promised this Assembly that they will be mechanism for the follow up of what we availing funds every financial year to cater recommend? I suggest that some of these for the sensitisation. So, I urge the Council to activities must constitute committee take this up. We expect that money for activities. We must apportion different sensitisation will be available in the next recommendations to committees as financial year. substantive activities as a way of following through what we recommend. I understand that the EAC is private sector- led and market driven. For us to make sure Mr. Speaker, Sir, thank you. I support the that it is really private sector-led, we need to Motion. have much more interaction with our private sector the way we have done. Indeed, this is The Speaker: Thank you very much Hon. just a beginning. Ngoga for the good remarks. I will now have two from this side then I will I will read Clause 3(g) and (h) of Article 5 of come to this side. We must conclude this the Treaty, which provides for the objectives before 6.30 p.m. Let us have Hon. Susan and of the Community. It states that the then Hon. Rwigema. Please do not take more Community shall ensure: than five minutes and then we will have these contributions from this side. “(g) The enhancement and strengthening of partnerships with the private sector Ms. Susan Nakawuki (Uganda): Mr. and civil society in order to Speaker, Sir, thank you very much. I rise to achieve sustainable socio-economic support the Motion and the Report. First of and political development; and all, I would like to thank you for facilitating (h) The undertaking of such other the sensitisation process. Allow me to thank activities calculated to further the the entire Assembly because as you are objectives of the Community, as the aware, the sensitisation has been majorly Partner States may from time to time funded by EALA. When I say funded by decide to undertake in common.” EALA, you know what that means. These Members have had to sacrifice to ensure that All these are objectives of the Community the sensitisation takes place. (Applause) and sensitisation is one of those activities that we can do to further the integration process. Mr. Speaker, Sir, allow me to also say that sensitisation is a key component of the roles Mr. Speaker, Sir, this was important because of EALA considering that even our Strategic during the outreach activity, we notified the Plan of 2013-2018 makes it very clear that stakeholders of the benefits and the critical this is a people-centred Community and we importance of the integration process. Many

Thursday, 24 November, 2016 East African Legislative Assembly Debates people did not have enough knowledge about there is an urgent matter for the Committee the EAC. They thought we are just here to on General Purpose. So, you should attend enjoy ourselves and enjoy salaries, per diems, the meeting of the Committee on General flights and what have you. However, by the Purpose and you will know what I am talking time we left, at least very many people had about. gotten a hint on what the EAC is all about. I also want to call upon the Assembly to ensure The Speaker: Hon. Susan, before you take there is more sensitisation on the part of the the Floor, we discussed this matter. We are Members. highly constrained by time on how activities can be scheduled such that they do not clash. Mr. Speaker, Sir, I appreciate you because the We advise the Clerk and the Chairperson to programme that we had in Zanzibar. When the Committee to make sure that the activity we were in Zanzibar the Secretariat gave us of the Committee, which we know very well updates on the different activities carried out takes only one hour, to allow Members to under the Secretariat. For example, we had proceed to the workshop. So, let us the Motion on the Floor on the issue of functionally be proactive on this matter. alternative funding and the information when we got from the Secretariat when they gave Ms. Nakawuki: Mr. Speaker, Sir, on that us an update was alarming. So, I pray that note, I request that the workshop delays a bit such activities continue. so that I also benefit from the entire presentation of the consultant. If not, the In fact, that also brings me to my other meeting of the Committee on General concern about tomorrow’s programme. Purpose should begin at 9.30 a.m. so that we Tomorrow, morning at 9.30 .a.m., we are are here at 10.30 a.m. in order to benefit. supposed to meet with a consultant on equitable sharing of benefits and costs of the Mr. Speaker, Sir, on the issue of training, I Community. However, the Committee on also request that we be given adequate General Purpose is supposed to be meeting information regarding the certificates of from 10.00 a.m. I am wondering, since I am origin because it appears as if this issue has Member of the Committee on General been cross-cutting in all Partner States. Purpose, I do not know whether I should also People wanted to know how they could get be informed by the consultant or whether to the certificates of origin and they wanted to attend the meeting of the Committee of the know how they look like. They even needed General Purpose and miss the other. I need to see a sample. They wanted much you to help me on this because - information but we did not have a uniform (Interruption) - package. All Members gave what they knew but we needed at least uniform information Dr. Nyiramilimo: Mr. Speaker, Sir, point of now that we know and are aware that almost information. all stakeholders are interested.

The Speaker: There is a point of information Through the Council, I appreciate the from Hon. Dr. Odette who is the Chairperson. Ministries responsible for the EAC Affairs because nowadays, they have started Dr. Nyiramilimo: Thank you very much involving EALA Members when it comes to Hon. Nakawuki. We all would wish to be in sensitisation activities. This should continue the workshop that will take place here but because there is a lot of information that we,

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Members of the EALA have, which the Tanzanian Chapter who were leaders of Ministries might not have. There is also a lot the delegation so that we are sure what issues of information that Ministries have that we were raised. Those people did not turn up and may not have. So, that partnership should they did not join us. Therefore, what we have continue. is what we received from the person who drafted the report for us. Mr. Speaker, Sir, allow me also to note this. When I looked at the report which has just Ms. Tiperu (Uganda): Mr. Speaker, Sir, been read, I realised that a lot, for example, point of information. I really appreciate the from the report on Uganda has been left out. effort undertaken by the subcommittee to do For that matter, the part of Uganda it appears a very good job. I want to confirm, as Hon. very incomprehensive and I am concerned. I Patricia has said, that she circulated a note will give a few issues that were left out. For yesterday to us and she did that why we were example, when we had a meeting with the on session. So, when I looked at the House Speaker, Ms. Rebecca Kadaga, she expressed and saw the number of Ugandans in the concern about former Members of EALA and House, I knew that if I walked out, we would said that after they leave EALA, they are not have a question of quorum. So, I did not get utilised. She was of a considered view that out because I did not want to deny you those Members should be brought on board quorum because of the timing but if the in either way maybe under different meeting was in the morning, I do not think I institutions of EALA or otherwise, so that we would have failed to be in the meeting. All I do not lose the wealth of information and can say is that you did a good job and hope knowledge that they have. That is lacking that through this debate, issues left out can be is this Report. added.

There is also an issue of sitting in Burundi. The Speaker: Thank you very much Hon. She expressed concern that she did not know Tiperu. Honourable Members, we are the exact reason why Members of EALA do constrained by time not only for the not sit in Burundi. She was concerned about consideration of this Report but in the totality the fact that they did not receive any formal of our work. When a piece of work has been communication regarding this issue and that done by a committee and you realise there are was also left out and I do not know why. In some gaps, just fill that gap so that we move fact, I have consulted all my colleagues from forward. Hon. Susan, proceed. Uganda and they told me they were not there when the subcommittee saw it important to Ms. Nakawuki: Mr. Speaker, Sir, thank you delete the issues that came out in Uganda. for your guidance. I will go to my proposed solution to this problem after highlighting Ms. Hajabakiga: Mr. Speaker, Sir, point of this very key issue that was left out. In fact, clarification. You are aware that we received this is very important because the Speaker this Report yesterday in the afternoon. We emphasised the need for institutional memory looked at it but unfortunately, there was for purposes of continuity of this institution nobody from Uganda because the Member and this is key. In fact, it should even be who sits in the subcommittee is Hon. Opoka written in bold but I wonder why the but he was not around. I wrote a note and sent subcommittee did not find it important to it to the Chairperson of the Ugandan Chapter adopt it. I am constrained from going on to to join the team as well as the Chairperson of look into this Report because I feel it is partial

Thursday, 24 November, 2016 East African Legislative Assembly Debates and it does not really reflect what came from of anything that transpires in the Community Uganda. I think we should even adjourn this that is posted on the EAC website to peoples’ debate until the very important issues are cell phones. I believe that that is something included. good if we are to have support on the issue of sensitisation. They informed me that they The Speaker: Hon. Susan, let me help you interacted with the former Secretary General, again here. First, on the issue of institutional Dr. Sezibera, and they showed him the memory in terms of the inclusion of former technology and he really appreciated it. It is Members, in the construct and structure of my humble prayer to the Council that the idea this Community, there is no organogram that does not die with the absence of Dr. Sezibera puts in place former Members. So, in terms in this Assembly. Maybe the Council can of budgetary framework, you cannot budget adopt it and see how best we can work with for former Members. That is one constraint. this kind of technology.

Secondly, we should be very innovative to Mr. Speaker, Sir, I thank you. see how best we can tap every group or stakeholders when we go to the countryside. The Speaker: Hon. Susan, thank you very When working committees go to Partner much but I kindly request you, because you States, they should change their approach to worked with EAC youth ambassadors and the see former Members as great stakeholders former Secretary General, Hon. Dr. Sezibera, and incorporate them. Administratively, it is that you please follow up this matter with the just not possible to budget for them and that current Secretary General. is clear. I will now allow Hon. Rwigema, Hon. Thirdly, if there is a gap as I stated earlier, Pareno, Hon. Mathuki and then Hon. just bring the recommendation and we move Taslima. Each will have three minutes. Good forward. In terms of Legislative Calendar, we enough, here, I have capacity to switch you are highly constrained by time. Please, off. (Laughter) proceed. Mr. Pierre-Celestin Rwigema (Rwanda): Ms. Nakawuki: Mr. Speaker, Sir, thank you Mr. Speaker, Sir, thank you for giving me the for your guidance. Allow me to propose that Floor. I congratulate you for having initiated even if we are constrained by time, they this activity. This will be a very strong legacy should at least attach the original reports from after we have left and everybody will the Partner States. I have the original report appreciate it. from Uganda which I was given two days ago and I expected it would come as it is. Coming back to this Report, I want to support Therefore, they should be attached as it and congratulate Hon. Patricia Hajabakiga annexes so that when somebody reads this for eloquently presenting it because it. It was Report, they get the full picture of issues very well presented and elaborated. The raised by Partner States. That will greatly Report gave some sensitive points but help. whatever we want, feel and wish, this Report is based on findings from places. That is why Finally, as I wind up, there is a group of youth sensitisation activities were initiated. We that I met in Uganda who developed an have to go over our personal sensitivity for application which is supposed to send alerts this Report because there are some findings

Thursday, 24 November, 2016 East African Legislative Assembly Debates you cannot skip. For example, if there are Lastly, my colleague was talking about the some people who do not want to walk or relationship of this Assembly and National cross the border, that is a finding and you Assemblies. I do not know if each National cannot write it in another way. I know it was Assembly has a Committee on East African not very easy but I congratulate Hon. Patricia Affairs. If that is not the case, we have to for presenting this Report. introduce that in each assembly. We should go to the ground and see how we can be Mr. Speaker, Sir, colleague and friend here, associated because when national MPs Hon. Yves, in few words mentioned advocate for matters of Partner States, they something about incorporating Ministers and have to also incorporate matters of the region. honourable Members. We have not yet They should be more practical according to achieved political federation. We as MPs are the level of integration. federal MPs but we have in this House the opportunity to get Ministers who are Mr. Speaker, Sir, I do not want to talk a lot. I Members of this House. In each country, MPs thank you and support this Report. and Ministers could resolve to revisit a certain matter to come up with a very lasting The Speaker: Thank you very much Hon. solution. This is an important point. We have Rwigema. Let us now have Hon. Pareno and Ministers who are Members of this House then Hon. Mathuki. and they can help in resolving some problems quickly. That is the reason I support what my Ms. Judith Pareno (Kenya): Mr. Speaker, colleague, Hon. Yves said. Sir, I rise to support the Report and thank the Chair of our subcommittee for a job well Mr. Speaker, Sir, fourthly, I want to talk done. about the issue of learning Kiswahili. When we talk about learning Kiswahili, we must Mr. Speaker, Sir, having done three realise that we have gone beyond that sensitisation programmes, I have come to because we have visited some schools. I am realise that the sensitisation programme has an MP who wants to change education and not only come to be a tool of awareness to adopt certain new things. We have to see how East Africans but has also somehow turned to approach Ministers of Education and see out to be a programme that helps us to fulfil how we can harmonise the curriculum. Each our mandate as representatives of the East programme or level of education must be African citizens. I say this because as we harmonised. went round sensitizing East Africans, we had to come up with questions from that Regarding Kiswahili, if we do not agree on engagement alone. We have come up with the implementation to see how the Motions from the sensitisation programme. curriculum can be harmonised, we will just We even have proposals of certain laws that be talking and talking without getting are required. Actually, some of the bodies anything done for the region. We have to go that we have met have proposed to us that we to the forefront and meet with the Ministers need this or that kind of law. So, apart from of Education if we want the future of our sensitizing them, it has turned out to be a way Community to be better and if we want to of also representing them and speaking on leave a strong legacy for our citizens. their behalf. To me, this is a fulfilment of one of our core functions of this Assembly.

Thursday, 24 November, 2016 East African Legislative Assembly Debates

If I may give an example. There are questions SIM cards, we will not be able to fight crime. on the Order Paper that had been raised to the They even gave us an example. They said that Council of Ministers. These are questions while we have registration of SIM cards in that came up after our engagement during the Kenya, in Uganda, for example, there is a sensitisation programme. So, you will find problem of machine-readable identification that a lot of our work is going to come up and cards. They asked that we consider having a there is so much generation of activities of regional law on how we can harmonise and this Assembly just because of this simple have a universal law that deals with the engagement. There are some proposals that registration of SIM cards. That is another have been made. For example, in Kenya proposal that came up from the when we engaged with the Jua Kali Sector, Communications Authority of Kenya (CAK). they came up with proposals on certain laws that help in the engagement of their business. Mr. Speaker, Sir, from the engagements, we Hon. ole Nkanae was proposed by our have become richer than we thought. Initially Chapter to engage with the Jua Kali Sector to - (Interruption)- come up with a proposed legislation. That is a law coming out of this engagement. The Speaker: There is a point of information from Hon. Tiperu. Honourable Members, Another proposed law from the engagement you know that at exactly 6.30 p.m., if nobody with the citizens of Kenya is an amendment moves a Motion to suspend Rule 11, I will to the certificate of origin. We got this from just call the House to adjournment. BIDCO Kenya Limited, and they said that we needed to engage on the issue of the Ms. Tiperu: Mr. Speaker, Sir, I would like to certificate of origin. This is something that give information to this House that I was cuts across because there are issues of privileged as a Member of the Uganda certificate of origin. They are all said that this Chapter to have joined the Kenya Chapter certificate does not address some problems during their last activity when they visited the and this came out from BIDCO Kenya CCK. It was such a wonderful experience to Limited during our sensitisation. have somebody from the other side. What the Member is saying is true. We were also told Mr. Speaker, Sir, our last engagement was that most of the communication companies with the Communication Commission of are driven by the desire to make profits. So, Kenya (CCK). From that engagement, they even if they have been told not to issue SIM told us that we need certain aspects to be cards, some of the telecom companies go addressed. We felt that certain aspects of ahead and issue cards and that becomes very communication arising out of our cross- difficult to manage the issue of crime in the border communication can only be addressed region. So, they urged this House to ensure by some harmonised laws. that all our Partner States comply with the fact that whoever does not use their There was an issue on cybercrime. They said identification card, he or she should not be that they are not even able to follow up given a SIM card. They urged our Partner because of lack of registration of SIM cards States to ensure that every citizen is issued because some of our Partner States do not with a national identification card. have machine readable identity cards. They told us that unless we create and implement They also informed as that when the laws that are harmonised in registration of Community collapsed, the communication

Thursday, 24 November, 2016 East African Legislative Assembly Debates sector did not. They went ahead and formed should not adjourn because the Mover of the an organisation called the East Africa Motion will not be available after 6.30 p.m. Communications Organisation (EACO) and I support that. which continued to manage the interests of the communication sector. The Speaker: Hon. Kiangoi, you understand rules very well that there can never be a Mr. Speaker, Sir, in conclusion, they Motion on a Motion before the first one is informed us of the fact that whereas EALA is disposed of. The first Motion here is that this talking about alternative financing debate be extended and it was seconded. So, mechanisms, the communication sector - it is a duly seconded Motion in this House (Interruption) - which we must agree or disagree whether we should extend the debate or not. I am not Mr. Issa Twaha Taslima (Tanzania): Mr. going to allow debate on this matter because Speaker, on a point of procedure, I beg to we are constrained. I will put it direct to vote. move:- (Question that the debate be extended put That under Rule 11, the sitting time and negatived) be extended to allow this discussion to go on past 6.30 p.m. and until we Therefore, the Motion is lost. (Applause) finish our Debate. ADJOURNMENT The Speaker: Seconders? The Speaker: Honourable Members, I am (Hon. Pareno, Hon. Ndahayo and very aware of Rule 11(1), which states that Hon. Mathuki seconded the Motion) the sitting shall, unless the Assembly otherwise resolves ordinarily commence at (Question of the Motion proposed) 9.00 a.m. in up to 1.00 p.m. in the afternoon and resume at 2.30 p.m. in the afternoon at Ms. Hajabakiga: Mr. Speaker, Sir, it is not conclude at 6.30 p.m. in the evening. Quite because I would not like to support my aware with rightful clock before me, it is now colleague, Hon. Taslima but as the Mover, I 6.31 p.m. Therefore, the House stands am constrained with time. I have an adjourned to Monday, at 2.30 p.m. appointment which was scheduled assuming that we would have finished by 6.30 p.m. and (The House rose at 6.30 p.m. adjourned I cannot stay beyond that. Maybe we should until Monday, 28 November 2016 at 2.30 extend to next week to conclude on this p.m.) Motion because I will not be here after 6.30 p.m.

The Speaker: The Motion was moved by Hon. Taslima and seconded by Hon. Pareno after Hon. Isabelle, Hon. Mathuki. The Motion was that this debate be extended.

Mr. Joseph Kiangoi (Kenya): Mr. Speaker, Sir, I think there is a counter Motion that we