GENDER PARITY IN THE EACmeac.go.ke/wp-content/uploads/2017/03/jumuiya_news_issue...and Investment...

M I N I S T R Y O F E A S T A F R I C A N A F F A I R S , C O M M E R C E A N D T O U R I S M

A M A G A Z I N E O F T H E M I N I S T R Y O F E A S T A F R I C A N A F F A I R S , C O M M E R C E A N D T O U R I S MA M A G A Z I N E O F T H E M I N I S T R Y O F E A S T A F R I C A N A F F A I R S , C O M M E R C E A N D T O U R I S M

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Issue 28 - July-Sept 2013

P A G E 2Issue 28 • July - September - 2013

Online Magazine

www.meac.go.ke

For the online version of this magazine, with additional material and an opportunity to air your views, please visit:

Jumuiya News is the offi cial magazine of the Ministry of East African Affairs, Commerce and Tourism. It is published quarterly by the State Department of East African Affairs, Ministry of East African Affairs, Commerce and Tourism, located on the 16th fl oor of Cooperative Bank House, Haile Sellassie Avenue, P.O. Box 8846-00200, City Square Nairobi. Tel: 020-2245741/2211614 • Fax: 020-2229650Email: [email protected] • Website: www.meac.go.ke

Editorial Advisor/Chair:Mwanamaka A. Mabruki

Editors:Kaplich BarsitoBeatrice Kung’u

Secretary: Michael Okidi

Other members:Barrack Ndegwa, HSCAlice YallaPeter KasangoRaphael KanothiWinnie Cheserem

Contributors:Richard AburaCharles NgunjiriGwaro OgaroMark OgotBenard MwendwaAlex WakhunguHilda OkomeRichard KinyuaLydia RadoliSimon OwakaKioko MutungaAlphonse Akondo

Photographers:Andrew KiruiJackson NjambaBenard Mwendwa

Cover: East African Affairs, Commerce and Tourism Cabinet Secretary Mrs Phyllis Kandie

Gender parity in the EAC as Women Leaders Secure Apex positions

Council wants urgent solution to TZ - Rwanda Confl ict

EAC Quick Facts

Cabinet Secretary, Phyllis Kandie

Charles Kinyanjui Njoroge, East African Community’s Newest Deputy Secretary General

Interview with the President of the East African Court of Justice

11

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26

4EDITORIAL

Contents

All correspondence should be addressed to Principal Secretary, State Department of East African Affairs, P.O. Box 8846-00200, City Square Nairobi. Jumuiya News admits no liability for unsolicited articles or pictures, which must be accompanied with a self-addressed, stamped envelop. Whilst every effort has been made to ensure the accuracy of information contained in this newsletter, the writers, editor and publisher accept no responsibility for any loss, fi nancial or otherwise, sustained by any person using this publication. No part of this publication may be reproduced, stored in retrieval systems or transmitted in any form by any means, without prior written permission from the Ministry of East African Affairs, Commerce and Tourism.

DESIGN, LAYOUT AND PRINTINGColourprint Ltd.

Gender Parity in the EAC as Women Leaders Secure Apex Positions

Kenya President Uhuru Kenyatta At the 8th Wonder of The World

EDITORIAL BOARD

and many more...

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Mrs. Phyllis Jepkosgei Kandie was appointed by President Uhuru Kenyatta on May 15th 2013

as the Cabinet Secretary Ministry of East African Affairs, Commerce and Tourism of the Republic of Kenya.

In this role, Mrs Kandie is responsible for the implementation of the Ministry’s mandate as per the Executive Order No. 2/2013 of May 2013 on the organization of Government of the Republic of Kenya. Under this Order, the Ministry is structured in two State Departments namely State Department of East African Affairs and State Department of Commerce and Tourism.

The Executive Order mandates the Ministry to undertake the followingfunctions:-

• EastAfricanCommunityAffairs• PolicyonEAC• Co-ordinationoftheimplementationof

EA Community, Regional Programmes and Projects

• Promotion and fast-tracking of EAIntegration

• ImplementationofEastAfricantreaty• TradeDevelopmentPolicy• Fair Trade Practices and Consumer

Protection.

• Promotion of Retail and WholesaleTrade and Markets.

• TourismPolicyManagement.• Development and promotion of

tourism• Coordination of Government

participation in East African Community affairs

• CommunityMeetingsandInstitutions• Kenya South Sudan Support

Programme (KESSP)• CoordinationofRegionalIntegration

The Ministry is also responsible for the following semi autonomous government agencies:-

• ExportPromotionCouncil(EPC).• Kenya National Trading Corporation

(KNTC).• KenyaInstituteofBusinessTraining• TourismFinanceCorporation(TFC)-• KenyaTourismBoard(KTB)• KenyaUtaliiCollege(KUC).• Catering, Training and development

Levy Trustees • TourismTrustFund• KenyaTouristBoard• BomasofKenya• Kenyatta International Conference

Centre (KICC) - • KenyaSafariLodges&Hotels(KSLH)

Prior to her appointment to the Cabinet, Mrs. Kandie was the Director of the Investment Advisory Unit at Standard Investment Bank, Nairobi, Kenya. Inthis position she managed complex investment transactions including privatization of public entities, Initial Public Offer and advising corporations on major transactions.

She has over 15 years experience in Finance, Investment Banking, BusinessConsultancy and regulatory affairs.

Mrs.KandieholdsaBachelorofCommerceDegree from St Mary’s University in CanadaandaMaster’sDegreeinBusinessAdministration (MBA) from MiddlesexUniversity in the United Kingdom.

She is a member of the Institute of Directors of Kenya. She is also a member of Kenya Private Sector Alliance (KEPSA), through the Association of Stockbroker’s andInvestmentBanksandshehasservedon several boards both in the private and public sector.

In addition, Mrs. Kandie has been involved in community based poverty alleviation projects and training of self-help groups on entrepreneurship.

Cabinet Secretary Ministry of East African Affairs, Commerce and Tourism, Mrs Phyllis Kandie, being sworn in as an Ex-Officio Member of the East African Legislative Assembly, during a special sitting at the National Parliament of Uganda, Kampala, in June, 2013. With her is Deputy

Clerk of EALA, Alex Lumumba.

Cabinet Secretary, Phyllis KandieBy Winnie Cheserem and Beatrice Kung’u


As global constitutional and governance trends shift steadily towards gender

equity and equality, the East African region is taking a lead in implementing policies and strategies aimed at ensuring that neither gender is left out of the various policy making sectors.

The new global gender activism, which has been inspired by the seeming discrimination of women over the years, has gained momentum over the last decade, and ensured the elimination of the open discrimination to which women had been subjected over the years.

Suffi ce it to say that the clamour for gender equality has been another statement of intent to create space for women in the fast-changing society, and accord them the opportunity and support to participate actively in societal prosperity.

In articles 121 and 122 of the treaty that established the East African Community, the role of women in the region’s socio-economic development, and their participation in business, through policy enablers, trainings and resource provision, are clearly spelt out and emphasized.

Similarly, through the Constitution of Kenya, 2010, in its various chapters on land, governance, representation and general rights, the woman’s place is safeguarded by emphatic clauses that seek to shield them from societal discriminations of yester-years.

These are clear legal and policy indicators that the drafters of the

EAC treaty and the Constitution of Kenya were alive to the need to not only safeguard women from future discrimination, but also provide them with an opportunity to show-case and offer their natural and acquired talents for national and regional prosperity.

True to these intentions, women are now getting it easier to participate in national and regional decision making processes, most of them having ascended to high governance and corporate positions both at the regional body, and within the individual Partner States.

From the various EAC organsand institutions, to the individual Partner States’ senior public managerial positions, women have been accorded space, and are doing a perfect job.

However, despite all these policyand legal provisions that mainly cushion women at the top policy making levels, implementation of similar provisions at the low levels is still seriously lacking.Societal stereotyping of women as the weaker sex is still largely the norm in most ethnic societies where their roles have remained confi ned to the home.

In other instances, gender violence directed against women are daily occurrences in most rural communities; while in others, traditional beliefs still deny women and girls the right of education and land ownership.

Cases of early pregnancies, forced marriages and concealed defi lement and rape cases in rural villages are still rampant, with

girls living in fear of falling victim to bold rapists and shameless polygamists who seem protected by some unwritten and highly retrogressive traditional laws.

Questions therefore abound: is gender parity a universal reality? Can the traditional practices and beliefs that discriminate against women be possibly eradicated to make the gender policy as enshrined in national constitutions realistic and benefi cial?

It is therefore imperative, that as we celebrate the apparent gender parity that has given women leaders space and opportunity to participate in decision making processes at the regional and national levels, we must be alive to the fact that the universality of this gender parity is still lacking.

While the highly skilled and welleducated East African women can access some of the regional and national managerial positions, the same cannot be said of the rural, uneducated women living in the rural areas. They are not only confi ned to the restrictive roles of housewives, but are also prohibited by varying traditional rules from playing any decision-making roles, even within the confi nes of their homes.

This, therefore, calls a re-evaluation of the implementation mechanisms for these gender parity policies and regulations so that the uneducated woman in some remote Kenyan village, or the elderly widow in a far-fl ung region of Uganda, can have a chance to participate constructively in the society’s development at their levels.

Gender parity exists, but mainly at formal and Institutional levels

EDITORIAL


Gender Parity in the EAC as Women Leaders Secure Apex Positions

The Treaty for the establishment of the East African Community (EAC)is categorical in its Article 121 (a)

that the Partner States must put in place appropriate legislations to promote the empowerment and effective integration and participation of women at all levels of socio-economic development especially in decision-making.

At a meeting of Ministers responsible for Social Development in Kigali, Rwanda in September 2008, a recommendation was made and adopted for the formation of a Sectoral Council on Gender, Youth, Children, Social Protection and Community Development to spearhead a conscious approach to the key social issues that play a major role in the EAC integration process. This was one of the major pillars of social development in the East African Community, alongsideHealth, Education,Science and Technology, Culture and Sports, among others. One of those key social issues is the empowerment of women as vital actors in the regional integration process.

FollowingthesefirmresolutionsbyEAConthe vital role of women and their potential in promoting regional integration, the regional bloc has made tremendous steps towards empowerment of women in its top leadership positions both as individual countries and in EAC as an organ.

However, it is at the individual nationallevels that gender parity seems to have picked a fi rm root, with Partner States ensuring gender parity in appointment of Cabinet Secretaries/ Ministers and Principal/Permanent Secretaries, especially those charged with the coordination of EAC affairs.

In Kenya, two senior posts at the Ministry of East African Affairs, Commerce and Tourism are held by ladies, with Mrs Phyllis Kandie holding the Cabinet Secretary’s docket while Mwanamaka A. Mabruki is Principal Secretary, both having been appointed by President Uhuru Kenyatta when he formed his fi rst cabinet as Kenya’s 4th President.

The other four EAC Partner States have reserved either the post of Minister or Permanent Secretary for women. In Uganda and Tanzania, the post of Permanent Secretary in both countries is held by ladies; Ms Edith Mwanje and Dr Joyce Mapunjo, respectively, while in Rwanda and Burundi, Hon JackuelineMuhonjire and Hon Leontine Nzeyimanahold the Cabinet portfolios in charge of the EAC, respectively.

Tanzania’s Dr Mapunjo took over from Dr Stergomena Lawrence Tax, the former Permanent Secretary who has now moved up the ladder to the post of Executive Secretary, Southern African Development Corporation (SADC), to which she was recently appointed at the regional body’s meeting in Lilongwe, Malawi.

In Rwanda,HonMuhonjire also replacedanother woman; Monique Mukaruliza, who was assigned other national duties by President Paul Kagame in a mini cabinet reshuffl e earlier this year.

Cabinet Secretary, East African Affairs, Commerce and Tourism, Mrs Phyllis Kandie speaks during the Kenya Country Consultations before the start of the Council of Ministers Meeting in Arusha on August 28th, 2013.

Main Story

By Michael Okidi


In EAC, the election of Hon. MargaretNantongo Zziwa as the East African Legislative Assembly (EALA) Speaker early last year was a demonstration by the regional lawmakers of their consciousness for gender parity.

Hon. Zziwa’s tenureat theapexof EALAhas been remarkable, the Ugandan national stamping her authority with fi rm decisions and professional management of the regional assembly in a manner that has only helped to affi rm women capability in the management of public institutions.

At the EAC Secretariat, Ms Jesca Eriyo, another Ugandan, deputizes the Secretary General, and is charged with the management of the Community’s Social and Productive Sector. Ms Eriyo has also

distinguished herself as a humble but fi rm overseer of the Secretariat’s key social and productive sector issues, coordinating various Sectoral Councils and spearheading key decisions for the regional integration success.

Individual Partner States have also put in place national laws that aim to promote women interests by elevating them to decision making positions, an example being Kenya whose legal requirement for a one third gender rule is aimed at securing the interest of women in the society.

Article 121 (b), EAC makes it obligatory for Partner States to abolish legislation and discourage customs that are discriminatory against women; and in 121 (d), to create or adopt technologies which will ensure the

stability of employment and professional progress for women workers.

Gender issues need not necessarily focus on women, but the patriarchy that has gripped societies all over the world have often called for special focus on gender consciousness, with emphasis trained on the need to elevate women to decision-making levels in parity with their male counterparts.

As the EAC Partner States retain this consciousness to the need for gender parity, the regional bloc has taken the cue, according women leaders adequate space to participate in the Community’s key decision making forums.

Cont’d from page 5

Burundi’s EAC Minister Ms Leontine Nzeyimana (right) leads her country’s delegation during the Council of Ministers Meeting

Rwanda’s Minister for EAC Affairs, Jackueline Muhongayire (right) chats with a colleague on the sidelines of the 27th Ordinary Council Meeting in

Arusha. Prior to her appointment, Ms Muhongayire was a Member of the East African Legislative

Assembly (EALA).


Dr Ibrahim Mohamed, the Principal Secretary for Commerce and Tourism brings with him a wealth of experience gained from a lengthy engagement in both the private and

public sectors. Dr Mohamed was appointed by President Uhuru Kenyatta in July 2013 and is in charge of policy formulation and implementation in Trade and Tourism Sectors in Kenya.

Dr.MohamedisaPublicHealthPhysicianbyprofessionwithover17yearsexperience intheHIV/AIDSadministration. Hewasthehead of the National AIDS and STIs Control Program (NASCOP) in the Ministry of Medical Services for eight years. During his tenure at the helm of NASCOP, he spearheaded implementation of the Kenya National AIDS Strategic Plan.

TheStrategicPlansawthescale-upofHIV/AIDSinterventionsandthe improvement ofHIV indicators inKenya.Dr.Mohamed alsooversaw the improvement in HIV/AIDS treatment in Kenya thatresulted in 600,000 patients accessing antiretroviral treatment.

HewaspreviouslyresponsibleforthemanagementandevaluationoftheNationalHIV/AIDSsurveillancetoensureefficientmonitoringandassessmentofHIV/AIDStrends.

Dr. Mohamed as a researcher was the Principal investigator of the fi rst ever Kenya AIDS Indicators Survey (KAIS) in 2007. The fi ndings of that survey gave insights into the understanding of the Kenya HIV/AIDSepidemicandsubsequentlyinformedthedevelopmentoftheKenyaAIDSStrategicPlanIII.HewasalsoinvolvedinmonitoringofearlywarningindicatorsaswellasHIVresistancesurveystudies,settingupoftheElectronicMedicalrecordingsystemsforHIV/AIDSpatientsMonitoring,STIManagement,TBHIVintegrationandwasinvolved inquality improvement inHIV/AIDS treatmentoutcomeindicators.

At the time of her appointment as Principal Secretary, East African Affairs, in July 2013, Ms Mabruki was the Managing Director of the Kenya National Shipping Line.

During her tenure at the Shipping Line, she developed the fi rst strategic and business plans which aimed at positioning the company as a world class shipping line.

Prior to joining the National Shipping Line, Ms Mabruki was the Head of Corporate Development at the Kenya Ports Authoritywith the main responsibility for strategic planning and policy development at the Authority.

She played a key role in the development of the second container terminalandintheimplementationoftheNationalSingleWindowCommunity Based System Project. In addition, she was a keymember of the team that managed the feasibility study on the Lamu Port, Southern Sudan, Ethiopia Transport Corridor (LAPSSET)Project.

Ms Mabruki previously worked at the Industrial Commercial and Development Corporation (ICDC) as Principal Planning Offi cer, the Kenya Revenue Authority as a Senior Planning Offi cer and at theMinistryofFinancewhereshestartedhercareerin1995asaPlanning Economist.

The new PS holdsMasters and Bachelors degrees in economicsboth from the University of Nairobi. She has also attended several professional and senior management workshops, seminars and courses locally and abroad.

Ms Mwanamaka Amani Mabruki, Principal Secretary,

East African Affairs

Dr. Ibrahim M. Mohamed MD, MPH, MBA - Principal Secretary,

Commerce and Tourism

PS, Mwanamaka Mabruki Dr Ibrahim Mohamed


During the 11th Extraordinary Summit of the EAC Heads of State held in Arusha, Kenya’s Charles Kinyanjui Njoroge was appointed Deputy Secretary General to replace Dr. Rotich, whose second term was coming to an end. Mr. Njoroge talked to Jumuiya News on various issues touching on his recent appointment. Here are the excerpts from the interview.

Q. The 11th extraordinary Summit of EAC Heads of State in April 2013 appointed you a Deputy Secretary General. As you serve the Community in an executive position, what should people of East Africa expect from you?

A.Firstly, letmethanktheGovernmentofKenyathroughHisExcellencythePresidentfor this recognition and also thank the SummitoftheEACHeadsofStateforthehonour to be appointed Deputy Secretary General in such an important regional body. Indeed am coming in to the Community when it has done quite a lot in terms of Custom Union and Common Market and at a critical time when we are headed to the Monetary Union.

Withthesemilestonesandbearinginmindthat the ultimate goal of the Community is political federation which fall under my docket, I want to see that we build strong institutions that should be able to handle the functioning of a federal government. This is not only in terms of relevance but in terms corporate governance. This must also be in an environment that guarantees peace and security for our people and for the well functioning of business. Political federation cannot happen if we do not guarantee security. We must institutionalize securityand make it a priority in the community.

Q. You headed one of the key Government regulatory agencies in Kenya that deals with communications. To what extent do you think technology could play a role in promoting peace and security in the Community?

A. As we have seen world over, criminals are becoming better by the day and as a community we cannot lag behind when it comes to security. Technology no doubt presents us with a good opportunity to preventandfightcrime.Weneedtoinvestinmodern technology to ensure that we have

modern and functional forensic laboratories in the member states but more important one forensic lab to be a centre of excellence. We also need to ensure that our securityagencies are well equipped with modern technologies so that at the click of a button they are able to retrieve information about a situation in real time. We also need toensure that strategic installations, our cities and towns, borders including border points among others are covered with CCTVsthrough satellite and or other technologies. This calls for a security master plan within the region that will map detail.

A security master plan for the community that is geared towards promoting peace through affordable communication; and also providing security through a security architecture- both software and hardware - with adequate trained manpower and appropriate gadgets as you may call it. The opportunities are endless and I am sure we have many areas and applications in this fi eld that we can pursue.

Q. The Community is at the stage of establishing a Monetary Union and the focus will then shift to political

Charles Kinyanjui Njoroge, East African Community’s recently appointed Deputy Secretary General

East African Community’s Deputy Secretary General for Political Federation, Charles Njoroge (middle) chats with delegates during the 27th Ordinary Council Meeting in Arusha.

By Raphael Kanothi


federation under your docket. What are your plans for the establishment of the political federation?

A. That is correct and I believe that we need to clear on the steps we have to take to lay firm foundation for achieving this. The priority must, I believe, be people centered. I intend to develop a communication strategy to not only inform but to educate our people on what it means to be and to have a political federation. We must also buildconfidence in our people and I am convinced that people must trust the institutions that have been set up and those that will be set up such as the executive, legislative, the judiciary including the support institution such as the treasury, the central bank etc.

As we move closer, I will continue to ensure that we have relevant protocols and laws in place such as anti-¬corruption, governance to galvanize our institutions. I also intend to see fruitful conclusion of a constitution, a model of Governance and all relevant instruments necessary for a takeoff of for thePoliticalFederation.

Q. What is the status of the establishment of the EAC political federation? What timelines are you working with towards establishment of

the political federation? To what extent are the people of East Africa being involved so far?

A. The process has been ongoing with establishment of the other preliminary steps i.e. the Custom Union, the Common Market and now the Monetary Union and all precursors to political federation. As you may be aware we have also been involved in a number of initiatives such as the study on fears and concerns of the people regarding political federation, and have gone ahead to put in place a number of instruments such as protocol on good governance and anti corruption, human rights, peace and security as a preparation towards the achievement of a federation.

As regards the timelines, I believe this will be guided by the achievement of the Monetary Union which I believe will be very soon but I do hope that we can see a full federation in the next couple of years. I know we have engaged our people in the past but we have not done well enough. As such we must involve them continuously and ensure they own the process leave alone understanding the benefits of a political federation.

Q. The matter of peace and security which fall under the office which you

head in the community is of paramount importance. What is your vision for the cross border peace and security and in particular cross border conflict.

A. It is true that security is key and more so there can never be development or growth without peace and security and ultimately no political federation. That being the case, peace and security will continue to dominate my agenda in the years to come as I continue engaging the partner states and the respective agencies in this area. In the area of cross border, I believe if we had one federation, then we have no reason to worry as we shall be under one government. Also with free movement of people, the dangers of cross border conflict should be less and less and with continuous engagement with communities and coordination of security agencies such as the provincial administration, the police, army and other relevant organs like the immigration. All these can be managed and we have seen through various collaborations. My vision is that we should have joint operations to address security concerns and with the peace and security protocol that establishes a security council, the issue of security in our community and the region will have come of age.

EAC Deputy Secretary General for Political Federation Charles Njoroge (front row, 2nd left) accompanied by, among others, Deputy Secretary General for Planning and Infrastructure, Dr Enos Bukuku (left), listen attentively to deliberations during the 27th Ordinary Council Meeting in Arusha in August.

P A G E 1 0Issue 28 • July - September - 2013

President Uhuru Kenyatta flagged off the 7th Edition of the East African Military Games in Nairobi, and hailed

the role of sports and cultural events as unifying factors that are precipitants to meaningful social integration.

The President said that as a discipline that cuts across racial and class divides, sports provides an opportunity for meaningful interaction, discovery of new friends and sustenance of ties among peoples of different nationalities, ethnicities and cultural orientations.

TheHeadofStatecitedlessonsinthehistoryof the East African region, revisiting times of yore when the regional peoples knew no geographical boundaries and traded among themselves through the honest barter form of exchange, and heavily borrowed from each other’s cultural abundance.

East Africa, he noted, has since time immemorial, culturally tied together, with little prohibition to trade and general movement, adding that sports would always play the role of a glue that would help to stick together the diverse relationships and cultural similarities for a more prosperous, peaceful and united region.

As officers charged with maintaining and protecting peace, unity and the rule of law, President Kenyatta asked the military men

and women to capitalize on the interactions that accompany sports events and pick positive lessons to help make the region even a better place for its citizens.

He noted with satisfaction that the EastAfrican Military Games was one of the numerous events used by the regional military authorities, as a tool of confidence-building and fostering solidarity amongst themselves. The President appealed to the East African military sportsmen and women, that as world beaters, they had a chance to promote the region’s image internationally, playing the roles of image ambassadors for a region whose tourism potential needs sustained global sensitization.

Hefurtherpraisedtheregionalsoldiersfortheir discipline that had seen them win international accolades and invitation to participate in peace-keeping missions in other parts of Africa and even beyond the African borders.

Heremindedthemthataskeepersofpeaceand protectors of the citizens, they had a duty to lead the regional populations through the path of peace and mutual coexistence which are prerequisites to the prosperity of any country or region.

The Head of State praised the regionalheads of the armed forces for their role in the development of a Memorandum of

Understanding in regional cooperation in Defence which he described as a key and exemplary program in the EAC integration process.

The MOU, he said, will definitely facilitate the fast-tracking and handling of the regional common problems of security such as terrorism, cattle rustling and poaching which can pose a threat to regional stability. Further,thePresidentexpressedsatisfactionat the pace of the EAC integration, noting that regional leaders are now more positive about the benefits of the regional integration, with economic players perceiving long term benefits in an expanding regional market.

Heexpressedhopethatwiththeenvisagedintroduction of an East African identity card, the regional citizens are set to move more freely within the region, doing business and taking up job opportunities besides being able to establish businesses anywhere in the region.

Meanwhile, Kenya won its maiden gold medal in the basketball discipline when its representatives, Kenya Defence Forces(KDF),wonallitsmatches,includingafinaldrubbing of Tanzania 71-51. This followed a70-69edgingofBurundi,a73-72beatingof Rwanda and a 68-57 dismissal of Uganda.

President Uhuru Hails Sports and Cultural Events as EAC Unifying Factors

President Uhuru Kenyatta (right) with his counterparts Jakaya Kikwete of Tanzania (center) and Uganda’s Yoweri Museveni. President Uhuru has hailed sports and cultural events as significant unifying factors.

By Michael Okidi


In the months of July to October, the (Masaai)MarariverWildebeestMigrationspectacle is one of nature’s finest

performancestowatch.Beingtheregivesone a front row seat to watch live the 8th WonderoftheWorld.

This year, President Uhuru Kenyatta joined millions of tourists who have over the years flocked the Mara to enjoy the spectacular sight of millions of wildebeests, zebras and other animals that make the annual migration from the Game Reserves of Serengeti in Tanzania to Masaai Mara in Kenya. The President’s visit to the Mara was courtesy of the Ministry of East African Affairs, Commerce and Tourism. He wasaccompanied by the Ministry’s Cabinet Secretary, Mrs. Phyllis Kandie and Tourism Principal Secretary, Dr. Ibrahim Mohammed among others.

The President’s visit to the Mara underscored the importance attached by the government to the conservation of the Mara basin ecosystem as a major boost to the county’s tourism sector. The President went on to declare that the migration and the Mara ecosystem was a precious heritage bequeathed to Kenyans which they will do everything to protect and preserve for future generations.

The President also pledged to repair roads leading to and inside the Mara to boost

tourism in the National Reserve that covers 1,500 Kilometres. The road network in the Mara has been one of the key challenges for business owners and operators in the tourism industry.

The journey is one of the most awe inspiring and sensory experiences available to mankind and a major tourism attraction for Kenya. The Wildebeests emergemajestically on the horizon in a massive snaking formation across the plain and make their descent in single file towards the Mara River. This spectacle can be viewed from the air via hot air balloon or from close range via specially built land cruisers.

The river crossing is the most riveting sight in the whole trip and one of the most loved by tourists as the animals in their thousands gather at the riverbank as if summoning the courage to wade into the water. They glance at each other as if silently asking who will be the first to take the plunge until one courageous wildebeest leaps into the fast flowing, crocodile infested Mara River, sparking of a mad dash of millions of beasts across the waters.

A good number of the animals do not make it across as they either drown or are gobbled up by the hungry crocodiles. The sight of the animals splashing into the water and attempting to skirt the jaws of crocodiles is one to behold.

This is what makes tourists pay top dollar to behold and capture the wonder on film and video. This year, a TV crew fromCCTVChinawasfilmingadocumentaryonthe spectacular migration including a live segment with a one-on-one interview with President Uhuru. The river crossing was the backdrop of the President’s live interview on CCTV-broadcast toanaudienceof aboutone billion Chinese - on the lawns of the Mara Serena Lodge.

Cabinet Secretary Kandie revealed that the Chinese market was part of the Ministry’s strategic outreach to tap new markets, “Yes, we are looking to China, India and other new source markets to take us to the next level.” she said. The Cabinet Secretary added that, “We cannot keep relying onthe same traditional markets forever; we need to freshen up things”.

Mrs. Kandie also revealed that the Ministry was going to work on adding diversity to Kenya’s tourism offering. Kenyan tourism attractions include game viewing, marine parks, sun-bathed white sand beaches, scenic views among them the Great Rift Valley, the snowcappedMountKenyaonthe equator, the rich flora and fauna, sports tourism among them golf and boat sailing, cultural tourism, medical tourism and recently education tourism.

Kenya President Uhuru Kenyatta at the 8th Wonder of the World

The prized wildebeest grazing at a section of a national park. The spectacular migration of the animals between Maasai Mara and Serengeti National Parks attracts thousands of tourists every year.

By Winnie Cheserem


Lake Victoria Basin Environmental Programme to Boost Regional Growth Potential

The Lake Victoria Water Supply andSanitation (LVWATSAN) Programwas initiated in recognition of the

challenges presented by rapid urbanization in the basin. The East African Community (EAC) formulated a framework to reverse the deteriorating conditions, through a ‘Protocol on Sustainable Development of the LakeVictoria Basin‘. By improvingcoverage as an indicator and increasing both water supply and sanitation coverage, the EAC would be achieving its objective in the water and sanitation sector as a key area of cooperation.

The LVWATSAN Program Phase II wasinitiated to address environmental degradation concerns and also contribute to the achievement of the Millennium Development Goals (MDGs) for water and sanitation in the secondary towns within theLakeVictoriaBasinandtoensurethelong term sustainability of the physical interventions.

Lake Victoria Basin covers an area of250,000 km2 with the lake taking 68,000 km2. The lake basin has a population of 35 - 40 million people, with rapidly growing secondary towns resulting in a significant negative impact on environment, and importantly, the fragile ecosystem of the lake.

The lake is a major-transboundary resource for EAC countries with a high potential to accelerate the growth of the towns around

it if well managed and the potential sustainably harnessed.

The Lake Victoria Water Supply andSanitation (LVWATSAN) Program PhaseII comprises an integrated package of interventions, with focus on the following components; • Development of sustainable water

supply systems: This component focuses on high priority secondary towns to develop water supply infrastructure and enable them to achieve the water and sanitation related MDGs. It seeks to demonstrate that the MDGs can be achieved in a relatively short time-frame and that investments can be sustained over the long-term by effectively integrating physical infrastructure works, training and capacity building into a balanced and cohesive programme of interventions

• Provision of hygiene and sanitationfacilities including solid waste management systems and social marketing: This component aims at addressing the run-down and non-existent basic infrastructure and services that have resulted in significant negative impacts on environment and the fragile ecosystem of the lake. It seeks to improve the health and livelihood of residents as well as the quality of the lake water. The strategy applied adopts a holistic approach in improving

sanitation at the household and town levels. Further, the component seeksto provide a sustainable solid waste management system/interventions for each focal town, capable of collecting, transporting and disposing of (or recycling) the projected volumes of solid waste

• Drainage improvements: Thiscomponent aims at addressing siltation and pollution of water courses, caused by soil erosion and accelerated collection and transportation of both solid and liquid wastes. These result in floods and poor quality water bodies that cannot sustain healthy ecosystems. The strategy is to provide storm water drainages with adequate capacity for the catchments and other areas of unused public land, thereby attenuating storm flow, before naturally draining into water courses

• Capacity building to town councilsand service providers: This component ensures effective delivery of capital investment and long term sustainability of proposed interventions in all sectors. The strategy involves the establishment of institutions where they do not exist; provision of tools, equipment, offices, staff and training.

The activities of the project are being undertaken in the following focal towns in the Partner States;

A section of Lake Victoria in Kisumu, partly invaded by water hyacinth. The Lake Victoria Environmental Management Programme aims at eliminating the menace besides undertaking sanitation projects on the Lake Victoria Basin.

By Charles Ngunjiri, Senior Assistant Director, Productive and Services


• Burundi:Ngozi,MuyingaandKayanza;• Kenya: Keroka, Kericho and Isebania/

Sirari; • Rwanda: Kayonza, Nyagatare and

Nyanza; • Tanzania: Geita, Sengerema and

Nansio and; in • Uganda:Mayuge,Kayabwe-Bukakata-

BuwamaandNtungamo

The LVWATSAN program is estimated tocost about US$ 121 million. The African Development Fund (ADF) of the AfricanDevelopmentBank(AfDB),istocontributeaboutUS$108million(89.07%)-whollygrant, while the Partner States of the EAC will contribute about US$ 13 million (10.93%) as counterpart funding. When

the program is fully implemented, it will significantly reduce the waste entering intoLakeVictoriaandhencewill improvethe ecosystem of the lake. (How muchmoney has been contributed so far by Kenya/current status)

The overall goal and purpose of the initiative is to meet the MDG targets in water and sanitation in the Program towns and to ensure the long term sustainability of the physical interventions.

The specific objectives are as follows:a) Support pro-poor water and sanitation

investments in the secondary urban centresintheLakeVictoriaRegion;

b) Buildinstitutionalandhumanresource

capacities at local and regional levels for the sustainability of improved water and sanitation services;

c) Facilitate the benefits of upstreamwater sector reforms to reach the local level in the participating urban centres;

d) Reduce the negative environmental impact of urbanization in the Lake VictoriaBasin.

Phase I of LVWATSAN Initiatives wereimplemented in the following secondary townsinPartnerStates:Kenya:Kisii,HomaBayandBondo,Uganda:Masaka,KyoteraandBugembe,Tanzania:Bukoba,Muleba,BundaandMutukula(Tanzania–UgandaBorder).

Council wants urgent solution to TZ - Rwanda Conflict

In an urgent effort to curtail a potential threat to the East African Community Integration process, the EAC Council of

Ministers has directed the United Republic of Tanzania and Rwanda to urgently meet and agree on an amicable solution to the conflict surrounding the expulsion of illegal immigrants from the Tanzanian side of the Kagera region. The 27th Ordinary Council meeting at the EAC Secretariat in Arusha noted with concern that the continued misunderstanding between the two EAC Partner States over the expulsion of illegal immigrants from Tanzania, most of them Rwandese, did not augur well with the spirit of regional integration.

It had been reported that close to 7,000 Rwandese immigrants had crossed the Rusumo border between the two countries, with Rwanda claiming that the expulsions had been done brutally and in total disregard to human and child rights, with majority of victims, especially Rwandese married to Tanzanians, being forced to leave behind their families.

Kigali cited forced separations, abuse of the rights of children separated from their parents and brutal evictions that forced the victims to leave behind their properties as they were huddled across the border into Rwanda, their perceived homeland. Most of the victims of the expulsion, Kigali insisted, were people who had crossed the border from Rwanda over five decades ago, had settled in Tanzania which they considered their home, and even married from there.

Quick to point out that it was not against expulsion of illegal immigrants, the Rwanda Government insisted that any

such process should be done in accordance with international norms, and that due consideration should be given to people who owned property in their current country of residence to safeguard their rightsandthatoftheirfamilies.However,Tanzania defended its decision to expel people considered as illegal immigrants, accusing them of contributing to a surge in criminal activities within the Kagera region, and denied claims that it was carrying out the exercise in a brutal, inhuman manner.

Dar subsequently proposed a bilateral meeting with the Kigali authorities to explain its action and iron out any existing misunderstandings as it seeks to restore peace and security in the Kagera region.Meanwhile, the Council of Ministers noted the need for the Sectoral Council on Peace and Inter-State Security to consider developing regional mechanisms that would adequately address similar challenges in future.

The Council, chaired by Uganda’s Minister for EAC Affairs, noted that unnecessary conflicts were not healthy for the regional integration process, and urged the parties involved to urgently come to an amicable solution.

Earlier at a press conference, the EAC Secretary General Dr Richard Sezibera had expressed confidence that the small matter of illegal immigrants would not affect the regional integration process, and hoped that the two Partner States would engage urgently to find an amicable solution to the issue.

Meanwhile, the Council dismissed fears that the ongoing trilateral engagements

between Kenya, Uganda and Rwanda on issues of infrastructure would isolate TanzaniaandBurundi,andeventuallyhurtthe EAC integration process.

Mr Bageine clarified that the discussionson the development of a railway line, an oil refinery and roads were issues that had been discussed and prioritized by the Community, but whose implementations had not taken off.

In response to points of clarification sought byTanzaniaandBurundidelegatesastothecomponents of the discussions, and if they did not pose a threat to regional integration efforts, Mr Bageine said such trilateralinitiatives would only help to actualize past Community plans for the larger benefit of the region’s citizens.His sentimentswerebacked by Dr Sezibera, who argued that the issues around the trilateral discussions would only supplement the efforts of the EAC bloc to attain its objectives, especially in relation to infrastructural development within the region.

Early this year, Presidents Yoweri Museveni of Uganda, Uhuru Kenyatta of Kenya and Paul Kagame of Rwanda, held a meeting in Uganda and agreed on several points of trilateral action that included revamping the existing railway network and further construct a standard gauge railway which will extend to Rwanda. They also agreed to develop an oil pipeline for finished products from Eldoret to Kampala, with an extension to Rwanda, and further develop a crude oil pipeline from Uganda to Kenya, with a link to South Sudan.

By Michael Okidi


Kenyan and Ugandan offi cials, led by Kenya’s Principal Secretary in Charge of EAC Affairs, Mwanamaka

Mabruki (fourth left, in green dress) and her Ugandan counterpart, Edith Mwanje (in yellow cap), tour the One

Stop Border Post site at Busia border town during a recent visit.

Presidents Uhuru Kenyatta (Kenya), Paul Kagame, (Rwanda) Yoweri Museveni (Uganda) (From right on the carpet) arrive at the Kenya Ports Authority for the Commissioning of Berth 19 in August, 2013, in Mombasa. Also in the picture are Deputy President William Ruto (2nd left) and Transport and Infrastructure Cabinet Secretary Eng. Michael Kamau (3rd left) (Photo courtesy of PSCU)

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Director of Productive and Services at the Department of East African Affairs, Alfred Kitolo,

(front row,, in glasses) together with other participants during an MDA’s workshop and team

building in Mombasa in early 2013

Here we come: Kenyan offi cials, led by Migori Governor Okoth Obado (center in orange tie) and PS for EA Affairs Mwanamaka Mabruki (2nd right) walk towards the Isebania border to meet their Tanzanian counterparts for a joint meeting on October 8th, 2013. On the right is Migori Deputy Governor, Mahanga Mwita

Director of Social Affairs, State Department of East African Affairs, Mrs Agnes Sila addresses the press after an EAC stakeholders workshop at the Sarova Panafric Hotel in Nairobi in September, 2013.

STRENGTHENING PARTNERSHIPS WITH STAKEHOLDERS


EAC Communication expert, Yugdev Chattbar (left) presents a cap and T-shirt to State Department of East African Affairs Director of Social Affairs, Mrs Agnes Sila when a team of researchers on EAC communications survey called on her.

Cabinet Secretary Phyllis Kandie (fourth from left) joins the Ministry’s Senior Staff for a group photo during a meeting on the development of the ministry’s strategic plan in Nakuru.

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Senior Deputy Secretary in the Department of East African Affairs, Henry Obino, addresses a meeting of senior ministry staff during a retreat on the Ministry’s Strategic Plan at a Nakuru Hotel.

Left to Right: East African Legislative Assembly Member Joseph Kiangoi, Parliamentary Committee on Regional

Integration nFlorence Kajuju, East African Affairs Principal Secretary Mwanamaka Mabruki and TradeMark East Africa Kenya Country Director Dr Chris Kiptoo, during a retreat for

parliamentarians in Watamu, Malindi in October.

Director of Political Affairs at the State Department of East African Affairs, David Njoka, addresses a meeting of the

Ministry Senior Offi cers during a retreat on strategic plan at a Nakuru Hotel. On the left is the head of Internal Audit at

the Department of Commerce, Lucy Mugwe.

STRENGTHENING PARTNERSHIPS WITH STAKEHOLDERS


SOUTH SUDANESE MINISTER HAILS GOOD RELATIONS WITH KENYA

South Sudan’s former Deputy Minister forLabour,PublicServiceandHumanResource Development, Mr Kwong

Danhier Gatluak, in May hailed the good relations between the Republic of Kenya and the Republic of South Sudan.

Kwong, now the Minister for Roads and Transport, said Kenya had not only played a crucial role in the signing of the Comprehensive Peace Agreement which resulted in independence for South Sudan but had continued to support human resource development in the country through various forms of technical assistance.

The Deputy Minister said South Sudan had benefi ted from the Kenya Technical Assistance Programme and the Republic of South Sudan/Inter-Governmental Authority on Development (RSS/IGAD) Capacity Enhancement Initiative in which Kenya was a critical contributor of skilled manpower alongside Uganda and Ethiopia.Kwong was speaking at the Juba International Airport on May 18, 2013 when he led a high-powered government delegation to bid farewell to 42 Civil Service Support Offi cers (CSSOs) from Kenya who had just completed their two-year tour of duty in South Sudan under the RSS/IGAD Project.

HesaidagoodnumberoftheCSSOsweredoctors and nurses who were attached to government hospitals in the states, adding that they had done a good job there. Also present at the airport to see off the Kenyan offi cers were the Kenyan High Commissioner to South Sudan,Ambassador Cleland Leshore, Public

ServiceandHumanResourceDevelopmentUnder Secretary (equivalent to Principal Secretary), Ms Angeth Acol de Dut, and the UNDP Country Director, Mr BalazsHovarth.

Earlier on, the Norwegian government pledged to continue supporting South Sudan in its capacity building efforts especially by funding technical cooperation partnerships with IGAD member countries.The Norwegian Ambassador to South Sudan, Ms Hanne-Marie Kaarstad, saidNorway would also assist South Sudan to make use of its largely untapped human resource capacity in the Diaspora.

Ambassador Kaarstad said Norway together with UNDP was committed to supporting government efforts to encourage skilled members of the Diaspora to return home. The envoy was addressing the closing session of an exit workshop for 42 Civil Service Support Offi cers (CSSOs) from Kenya who were leaving South Sudan after completing their two-year tour of duty under the RSS/IGAD Capacity Enhancement Initiative which is being funded by the Norwegian government through UNDP.

Amb Kaarstad said the CSSOs had recorded tremendous achievements in institutional and individual capacity strengthening during the two years they were in South Sudan. Speaking at the function, UNDP’s SouthSudanCountryDirector,MrBalazsHovarth, for the resilience and couragethey had shown as the pioneers of the project.

“All of you led the way for the next 153

CSSOs, with whom we reached the plannedlevelofCSSOdeployment(199tobe exact) in 22 institutions at the national, state and county levels. Your colleagues who came after you found a better system because you helped improve the project. Despite diffi cult moments in the course of your work, you overcame all the challenges because of your dedication and commitment to the newest country in the world,”saidHovarth.

Hovarth said the projectwas a approachin development cooperation between developing countries, adding that South Sudan had started reaping the benefi ts.

“It has positively impacted the lives of countless people you may never meet. Many successes have been recorded in the 15 institutions you have been working in, and much continues to happen as a result of your efforts and those of your colleagues. This project has become a hot subject of research and discussion because it holds the promise of post-confl ict capacity development through South-South Cooperation. You are an integral part of this success and we salute you,” he said.

During the function, the departing CSSOs were awarded with certifi cates for completing their contracts under the initiative. Also present at the function were the Ethiopian Ambassador to South Sudan, Mr Tesfamichael Tesfastion, and his Kenyan counterpart, Mr Cleland Leshore, theIGADHeadofOfficeinSouthSudan,Ambassador Mohamed Abdoul, and Mr Alex Bigira, Consular Officer at theUgandan Embassy in Juba.

South Sudan’s former acting national Minister for Labour, Public Service and Human Resource Development, Mr KwongDanhierGatluak (right), presents a certifi cate of completion to one of the Kenyan Civil Service Support Offi cers at a Juba hotel. Looking on the far left is Mr Alex Bigira of the Ugandan Embassy in Juba.

By Simon Peter Owaka


The day when East Africans launched a Cultural Carnival in Kigali

It is popularly said that Rwanda is a land of a thousand hills; I am not sure but, I am aware that the city of Kigali sits on

several small hills that make a leisure drive around its streets simply touristic! Kigali is a tidy, refreshing example of an efficient civic management.

The city’s winding, neatly flowered, ascending and descending streets experienced a rare, friendly invasion one Monday morning. The residents of this breathtaking city were treated to a glamorous visual delicacy in a collection of East Africa’s cultural diversity.

Pomp and colour in their magnificence colluded with a diversity of national pride to temporarily disrupt Kigali’s organized business, drawing traders and other residents out of their premises for a glimpse of East African regional presence, in a street carnival along Kigali’s streets.

This carnival was the curtain-raiser for East African Community’s first-ever arts and cultural festival dubbed Jumuiya ya Africa MasharikiUtamaduniFestival(JAMAFEST),whose theme was: fostering the East African Community (EAC) integration through the cultural industries; at Kigali’s Amahoro Stadium.

From the Bomas of Kenya-Nairobi, theKenya Ports Authority-Mombasa and Nzoia SugarCompany-Bungoma;fromUganda’sWestern regions of Alur and Tanzania’sSouthern area of Songea; and from South

ofBurundi,culturalelegancewasonshowin Kigali with the hosts putting their best foot forward.

There were red and green colours of Burundi, escorted by drum beats thatreverberated across the hills, valleys and ridges of Kigali, complimented by traditional dancers and singers unmatched in beauty and agility that made their spectators and guests’ day.

Ahead of the pack, as the city watched in awe, were the local (Rwandese) dancers with calculated, rhythmic steps that curtain-raised for the succeeding dance troupes, and the whole city was celebrating the pride of East Africa.

The unbelievably agile Kenyans from BandariandBomas,ablysupportedbytheboneless“Isikuti”dancersfromBungoma,belting out the famous ”Mwana wa Mberi” intonations, met their match in thedeafeningdrum-beatsofBurundi,butmade good their threats to leave a mark.

Butitwasthelittleboysandgirlsofbelowten years from Mugwanya Preparatory School in Kabojja, Uganda, who stole the show, first, with their well-drilled march ahead of Ugandan senior dancers; and, later during a symposium at Kigali’s Sportsview Hotel, their mastery ofnational anthems from the EAC Partner States, played successively each with the adornment of the relevant national colours.

The Kenyan Boys Choir, who last yearsang at (US) President Barrack Obama’sinauguration, were thunderous, and attracted similar applause from the crowds when they belted out melodic “Jambo Bwana”, “Nakupenda Malaika”amongother tunes.

The carnival went up the hills and down the valleys, covering major roads and streets, starting from Club Rafiki, through Kigali French Institute, City Tower, CityPlaza, City Market (Nyabugogo), Giporoso Square and Gisimenti before retreating to the Stade Amahoro (Amahoro Stadium), venue of the festivals and the concerts.

There were lessons learnt; and awakening of sorts – that if there is anything thatmakes a people proud and happy, it is a chance to showcase their culture.

At the symposium at Sportsview Hotel,Prof. Elisante ole Gabriel, Director of Youth Development in the Ministry of Information, Youth, Culture and Sports in the Government of the United Republic of Tanzania, described culture as “the glue that holds a people together and a thing that illuminates the meaning of man, society and his identity”.

Meanwhile, Rwandan Minister for Culture and Sports, Protais Mitali, who officially opened the festival, reiterated the importance of cultural interaction as a way through which East Africans would learn to appreciate each other, and to value the

An elegant display of drum beating expertise by traditional entertainers from Burundi thrills guests during the JAMAFEST festival at the Amahoro Stadium, Kigali, Rwanda.

By Michael Okidi


integration agenda.

Minister Mitali said the values of cultural interaction were many and diverse, and included job creation and accessibility, social inclusion, and foreign exchange earnings.

The creative industry, he stated, offers alternative income generation opportunitiesespeciallytotheyouth.Heemphasized that cultural, arts and sports performances must be looked at from a wider perspective of fostering economic growth.

The Minister called for proper nurturing of arts and culture to help transform regional economies into fast growing entities.Besides,thesewouldhastensocialinteractions that would help eradicate hostilities and ensure peace and stability within the region, he said.

Minister Mitali also stressed that the EAC must create and strengthen a conducive

environment for local artists and allow them access to affordable credit facilities to develop their trade.

His sentiments were echoed by theEAC Secretary General, Dr. Richard Sezibera, who concurred that a well-nurtured cultural industry would make significant contributions to the region’s Gross Domestic Product (GDP), similar to the European Union (EU) where cultural productscontributethreepercent(3%)ofits total GDP of 17.5 trillion Dollars.

Dr. Sezibera decried the low level of cultural contributions to the EAC’s intra-trade, which he said, only takes account of goods, ignoring the possible massive contributions potential in creative arts.

Hecalledforcloserinteractiveforumsforartistes from the EAC, noting that cross-border movements and performances by the region’s artistes had increased tremendously in the recent past, giving the exampleoftheannualTuskerProjectFame

that brings together performing artistes from the EAC and South Sudan.

The Annual EAC Military Games, Schools and Colleges Sports festivals and other interactive forums for performing artistes from the region, he noted, were now offering valuable opportunities for interaction by youths and giving them opportunities to market their trades within the region.

The Secretary General praised the “Omuganda”, a monthly community service programme undertaken in Rwanda, during which the citizens engage in voluntary services for the benefit of the less fortunate members of the society. The Jamafest participants got a chance to participate in the “Omuganda” by undertaking a clean-up exercise around the Rwanda Genocide Memorial, a graveyard forvictimsofthe1994genocidewhichisnow a national museum.

EALA Passes One Stop Border Post Bill

A bill paving the way for the establishment of One Stop BorderPosts(OSBPs)atallstrategicborder

crossing points between the EAC Partner States has been passed by the East African Legislative Assembly (EALA), paving the way for it to become law upon assent by theCommunity’sHeadsofStateSummit.

The One Stop Border Posts Bill, 2012,initiated by the Council of Ministers, and which was passed during an EALA sitting at the Parliament of the Republic of Rwanda in Kigali, aims to facilitate the establishment of OSBPs at key bordercrossing points with the aim of boosting trade through efficient movement of goods and people within the Community.

The bill further seeks to extend Partner States’ national laws relating to border control officers of adjoining Partner States permitting their free movement within the controlled zones in the performance of their duties without being subjected to the rigors of producing passports and other travel documents.

In the OSBP arrangement, Partner Stateswill be required to implement one stop border processing arrangements by establishing and designating control zones at their respective border posts.

The bill that sailed through the floor of

the house with amendments, provides for application of border control laws and relevant institutional arrangements in the coordination and monitoring of the OSBPs, without necessarily affecting therights of any adjoining Partner State to take temporary measures in the interest of security, public order and peace.

The common border posts designated asOSBPswithin the EAC region include;Namanga, Taveta/Holili, Lungalunga/Horohoro and Isebania/Sirari on the

borders of Kenya and Tanzania; Busiaand Malaba borders between Kenya and Uganda and Kanyaru/Akanyaru border betweenBurundiandRwanda.

Others are Mutukula between Tanzania and Uganda and Gasenyi – NembabetweenRwandaandBurundi.

Prior to the debate on the bill, the Chairperson of the Committee on Communications, Trade and Investment, Dan Kidega, presented the committee’s

The One Stop Border Post facility under construction at the Kenya-Tanzania Isebania Border Post

By Michael Okidi


President Yoweri Kaguta Museveni has reiterated that East African regional integration would only be complete,

meaningful and beneficial with the final attainment of a political federation.

AccordingtotheUgandanHeadofState,the importance of a political federation goes beyond mere political unity, but cuts across all vital sectors, facilitates economic prosperity and ensures proper social interaction, all vital components of a prosperous region.

In his State of the EAC address delivered during an East African Legislative Assembly (EALA) sitting in Kigali, Rwanda in April, 2013, the EAC Summit Chair insisted that Africa as a continent needs a strong, powerful political entity like the United States in order to independently live its dream of a stable, independent region. Heexpressedconfidencethatapoliticallyunited East Africa would be able to provide that stability and independence.

Without a strong political foundation

on which to lean, and behind which to seek protection from outside aggressors, the East African economy would mean nothing, however prosperous it may seem to be, according to the Ugandan leader.

HebemoanedthefragmentationofAfricainto small, insignificant units which the colonialists found easy to manipulate and exploit, insisting that East Africa must look back into its people’s cultural ties, broken by the external aggressors, and reunite into the ethno-cultural grouping that it

report that underscores the need for Partner States to develop, upgrade and modernize the required infrastructural facilities and to enhance technological advancement to ensure efficient and prompt implementation of the bill.

The report was compiled after the committee conducted public hearings within the Partner States between March 6th and 12th 2013 to collect and collate views from members of the public, customs officials, clearing and forwarding agents and businessmen, among other stakeholders.

It urges the Council to prioritize sensitization programs on the OSBPs tomembers of the public and to fast track the process of putting in place the relevant regulations.

MemberswhoincludedShy-RoseS.Bhanji,Joseph Kiangoi and Council of Ministers Chairman, Shem Bageine, hailed the billas a major achievement in the promotion of regional trade, noting that the OSBPswould facilitate faster and more efficient movement of goods across the borders.

They also called for enhancement of the capacity of border personnel in an effort to upscale service delivery; and further insisted that the full implementation of the OSBPsconceptshouldbecloselyfollowedby rolling out of the same program to all border crossing points within the region to attain the optimal level of free movement within the region. Members of Parliament (MPs),MikeSekalu,FrederickNgennzebuhoro and Abubakar Zein Abubakar noted that the implementation of the bill would enable the region to open

up for genuine trade and make the EAC a major economic bloc in the African region.

The EAC Council Chair observed that the spirit of working together as demonstrated by the Assembly and the Council of Ministers in coming up with the OSBPbill was a major step towards ensuring the success of the regional integration, and reiterated the council’s commitment to put in place the necessary regulations and mechanisms to support the act in its implementation.

“It is our desire that during the implementation of the Act, the terms and conditions of staff working together tofacilitatetheOSBPsareharmonizedtoretain high caliber experts,” the Minister noted.

Uganda President Yoweri Museveni roots for EAC Political Federation

President Yoweri Museveni of Uganda delivers his State of the EAC address at the National Parliament of Rwanda in Kigali. Seated on the right is East African Legislative Assembly (EALA) Speaker, Margaret Zziwa.

By Michael Okidi


once was for the prosperity of its citizens.

President Museveni said it was inexcusable that Africa had squandered over 50 years of real chance at redeeming itself and re-emerging as a strong political unit, complete with an unbreakable military institution, capable of discovering, managing and exploiting its own natural resources for the prosperity of its people.

East Africa, he noted, is rich in natural resources which could uplift the living standards of its people if the region was under one political roof, which would ultimately boost the region’s bargaining power among the regional trading blocs.

As they stand currently, he insisted, the separate political units cannot withstand the intense negotiations, and would always be cowed into yielding to the demands of exploitative outsiders whose main objective is to generate as much profits as possible from the region’s vast natural resources which he said, could not be managed under the currently fragmented political units, and so, economic prosperity

may be a long shot despite our abundant existing and emerging resources.Further benefits of a political federation,the Uganda President noted, would provide satisfaction and not disenchantment with the regional integration, as all the citizens would be reaping the benefits at the same level, time and pace, with nobody talking of being left out or under-rewarded.

President Museveni still retained his personal optimism for a political federation of East Africa in the near future, noting that of all the regional blocs in Africa, the EAC remained the strongest and most promising forum, from which a political federation would soon emerge.

Noting that Africa’s 11.7 billion square mile size was bigger than USA, China, BrazilandWesternEuropecombined,andwith land well watered by powerful rivers like the Nile, the Congo, the Zambezi, the Limpopo and the Niger, and containing vast lakeslikeVictoria,thereiseveryindicationthat if politically united, the region would be the richest and most powerful in the world.

However, he regretted that althoughAfrica’s one billion people share only four linguistic groups; the Niger-Congo (includingtheBantuandtheKwagroups);the Nilo-Saharan (including the Nilotic andNilo-Hamitic);theAfro-Asiatic(Arabicand Amharic) and the Khoisan (the so-called Bushmen); yet still they allowedreactionaries to divide them.

The EAC Summit Chair attributed the absenceofasingleFirstWorldcountryinAfrica to ideological disorientation, where the reactionaries have fragmented African peoples into sectarianism of tribe, religion and gender.

This ideological disorientation has blocked the building of key state pillars like the army, judiciary, civil service among other institutions, resulting in the collapse of state authority at the slightest disturbance or challenge.Hefurthercitedattacksagainstthe Private Sector, including expulsion of elements of the entrepreneurial class, corruption, bribery, extortion and poor administration as factors that hamper national prosperity.

Kenya and Tanzania have laid out an elaborate environmental conservation strategy to protect the

Mara River catchment area and the larger LakeVictoriaBasin.

Top officials of the two East African Community (EAC) Partner States have agreed to undertake joint and complimentary efforts to ensure the Mara ecosystem is safeguarded from wanton destruction already witnessed in certain sections of the vast natural resource.

Tanzania’s Prime Minister, Mizengo Peter Pinda, and Kenya’s Environment Cabinet Secretary,Prof.JudyWakhungu,reiteratedthe commitment of the two East African neighbours to harness the Lake VictoriaBasinpotential,andparticularlyensuretherichecosystemoftheMaraBasinwhichisamassive tourist attraction, is safeguarded.Officiating at the second Mara Day celebrations at Mugumu Town in Serengeti District of Tanzania’s Mara Province, Premier Pinda called for concerted efforts to ensure that the rich natural resources of the Mara Basin are sustained for theprosperity of the two countries.

He noted that the Mara River, whichflows through the Maasai Mara Game Reserve in Kenya and Serengeti National Park in Tanzania are of immense value to both countries, being the host of annual wildebeests’ migration between the two game reserves which is the 8th Wonderof the World and a world-class touristspectacle.

Bothcountries,hesaid,wereduty-boundto safeguard the Mara River, right from itscatchmentareasinKenya’sMauForestComplex, through the Maasai Mara and Serengeti, to Lake Victoria where itdeposits its waters.

The Tanzanian Premier warned that any interference with the Mara River was a sin against millions of East Africans and beyond, who depend on the tourism industry it supports, the agriculturally potential soil it contributes, and the fishing industryinLakeVictoriatowhichitjointlycontributes its highland waters.

The protection and sustenance of the Mara, the Prime Minister noted, is a valuable bilateral issue that the two countries were taking very seriously, and urged major

players in these efforts to ensure timely and effective implementation of work plans, proposals and policy decisions that aim at helping to attain the set goals.

Onher part, Prof.Wakhungunoted thatthe Lake Victoria Basin and the MaraRiver Ecosystem is rich in biodiversity and represents an economic growth zone for the East African region, hence the environmental challenges it faces must be tackled if the EAC region has to realize socio-economic development.

In her speech, read by the Ministry’s Principal Secretary, James Teko, Prof. Wakhungu insisted that success inaddressing environmental and natural resources issues requires unwavering co-operation amongst all stakeholders.

The Cabinet Secretary noted that Kenya recently ratified the Protocol on Environment and Natural Resources Management for the LakeVictoriaBasin.The protocol outlines the region’s resolve to effectively manage its natural wealth, for the benefit of the regional citizens.

However, she admitted that Kenya was

Kenya and Tanzania in a joint effort to save the Mara Ecosystem

By Michael Okidi


facing a myriad of challenges in her efforts at environmental conservation, among them, unsustainable use and poor management of natural resources such as forests and water, plastic waste, air and marine litter pollution, land degradation and deforestation.

Saying that the Mara River ecosystem is a trans-boundary natural resource, the Cabinet Secretary urged environmental stakeholders in Kenya and Tanzania to use the priority and opportunity accorded to the Mara River conservation by the EAC, and make the best out of the naturally wealthyMaraRiverandLakeVictoriaBasinto attain optimal prosperity for citizens of the two countries.

She, however, abhorred the unrelenting human encroachment into the Mara River catchment areas by loggers and human settlers, which had seriously eroded the once majestic water tower, leaving only patches of forest which are no longer capable of sustaining the rivers emanating from there.

She further decried the unsustainable and highly destructive human-wildlife conflicts in the greater Mara ecosystem, and cited over-grazing caused by over-stocking as a practice that has seriously undermined the sustainability of the vital water tower.

The Cabinet Secretary appealed to all stakeholders to join hands and transform

theLakeVictoriaandtheMaraBasinintoan enviable economic growth zone for the benefit of all East Africans.

The Mara Day celebrations were attended by several dignitaries from Kenya, Tanzania and the EAC, who included the Executive Secretary of the Lake Victoria BasinCommission, Dr. Cannisius Kanangire, Tanzania’s Mara Provincial Commissioner John Gabriel Tupa, Bomet and NarokDeputy Governors Stephen Mutai and Evelyne Arwasa respectively, Kenya’s DirectorofWaterResources JohnNyaoroand Environment Secretary, Dr Alice Kaudia.

Tanzanian Prime Minister, Mizengo Peter Pinda (Brown coat) greets Kenya’s Environment Secretary Dr. Alice Kaudia at Mugumu stadium in Serengeti Province when he arrived to officiate at celebrations to mark this year’s Mara Day. The EAC Summit last year approved the setting aside of September 15 every year to raise awareness about conservation of the Mara River ecosystem and the greater Lake Victoria Basin. Looking on are senior officials from both Tanzania and Kenya among them Principal Secretary for Environment, Water and Natural Resources, James Teko

(centre, clad in a lesso)

Pupils from Tenwek Day Primary School entertain guests with captivating poems, songs and dances that dwelt on environmental protection, during celebrations to mark the second Mara Day at Mugumu Township in Serengeti Province in Tanzania on 15th September, 2013

Tanzanian traditional dancers from Serengeti Province entertain guests during celebrations to mark the Mara Day at Mugumu Township in Serengeti Province. Tanzanian Prime Minister, Mizengoo Peter Pinda was the Chief Guest


Interview with the President of the East African Court of Justice

The East African Court of Justice (EACJ) has been in the news with calls for the expansion of its jurisdiction to cover a wide range of cases. However, the court still faces a myriad challenges, most of which revolve around personnel. In this Question and Answer session, Jumuiya News talks to the EACJ Judge President, Hon. Harold Nsekela on a wide range of issues.Q: The EACJ seems to be largely unknown among the ordinary people in East Africa. What are you doing as a court to make your presence felt within the region?

Wehada campaign to sensitize theEastAfrican population as a whole for 2 years we went round all the Partner States talking to important stakeholders about the court, particularlythearbitrationjurisdiction.Wehave been attending various meetings with the Partner States where we are invited by the National Judiciaries or other organizations or meetings conducted by the EAC.

Forinstance,whenEALAortheEABCholdtheir meetings, we are normally invited toattendtoandmakepresentations.Werecently attended an EABC meeting inKigali and Nairobi, during which we had fruitful discussions with our stakeholders.

We have been using variousmethods topublicize the activities of the court. As a court itself we had a workshop in Kampala in 2011 where we invited all the important stakeholders to discuss many things.

Q: Can you say, therefore, that there is a certain amount of increase in awareness about the court’s activities; and what can you attribute to this increased awareness?

There are many factors which we can attribute to why there is an increase in awareness. We are not saying that wehave done enough because the 5 partner states is a very big territory and to visit all of them to explain what the Court is doing is not an easy task. We only go to thecapitals but not to the villages, so in terms of awareness I wouldn’t be positive the common man (Mwananchi) knows what the Court is all about.

But at least the important stakeholdersof the court like the National Judiciaries and the advocates are aware. But againeven then there are problems because we have the National Judiciaries within the individual Partner States, and the Court in Arusha; so its not easy even for the advocates themselves to know whether to use their National Judiciaries or to come to us.

The Ministries of EAC Affairs in the Partner States are part of the Court hence they are supposed to invite the EACJ in their workshops, meetings or any other functions that involve judicial matters.

For instance,theMinistryofEastAfrican,Affairs, Commerce and Tourism, Kenya is planning to have an awareness forum with legal practitioners, especially the young lawyers because there are some of them who are not conversant with the EACJ.

The EACJ is best placed to sensitize them on what the Court is all about, its problems, what they are doing to cope with the problems, etc. So they are ready to champion such fora. The National Judiciaries and the Chief Justices should also invite EACJ to the meetings of judges and magistrates to say what happens in the EAC as a whole and not only in that particular country.

Q: During a meeting you had with the former chairperson of the EAC Council of Ministers in October, 2011, you were quoted as calling for a permanent deployment of at least 5 judges in Arusha to help cope with the rising cases before the Court. Do you still hold the same position?

A : It was the time when I was going round the five Partner States trying to sell the idea of opening Sub-Registries. I had at that point while discussing with the former Minister for EAC, Kenya, Prof HelenSambili.AfterthechangesIhadtogoback toNairobi to talk toHon.MusaSirma.

The reason for it is the increase of work. The Court now is divided into 2 divisions. ThereistheCourtofFirstinstance,whereall matters start and the Appellate Division. Whenwewereprojecting the future,wesaw that the working modalities here

East African Court of Justice Judge President, Hon. Harold Nsekela, during the interview in his office in Arusha, Tanzania.

By Gwaro Ogaro


needed to be improved. As you know under the Treaty, the services of the judges are Ad hoc i.e. they would travel to Arusha only when there is work to be done. The rationale for it at that time, back in1999-2001,whentheTreatywasbeing negotiated and signed, was that there were no difficulties because it was a new court and it was not known so it was illogical to have all the 15 Judges at Arusha.

The first case to be heard by the EACJ was in2005. From2002-2004 therewasnocase, in 2005 there was a world reference, in 2006 there was world reference and publications. This shows that at that time there was no problem for the Judges to travel to Arusha on an Ad hoc basis. Butafter thatwhen I joinedtheCourt inNovember, 2006, and subsequent to that, cases have been increasing. That is one problem.

The second problem is how we get these Judges to travel to Arusha, because there is one judge from each Partner State for each Division of the Court and most of them, if not all, are employees of either the National Judiciaries in their respective countries or are in the Public Service.

For instance, the President himself wasin the Court of Appeal in Dar es Salaam at that time, so how would it have been possible for him to divide his work between Arusha and Dar es Salaam? It was okay during the formative years when there was no work, but as work increased, it became very difficult to marry the two. So in most cases it depended on the understanding or working relationship with the Chief Justice concerned. Otherwise it was difficult for the judges to be released to go to Arusha while their respective countries were their paymasters.

Q: From July, 2012, the circumstances for the President and Principal Judge changed and both are now operating full-time in Arusha. How has it enhanced the administration of Justice for the EAC?

A: Under the EAC Treaty, the Principal Judge is the one who directs the work of theCourtofFirst Instance.Andallworkstarts with this division, which is judicial work. So if you don’t have a judge here, there would be no one to do it.

The Registrar is in charge of the day-to-day operations of the Court. Judicial work is done by the Judges. So any order would be done by the Judge and here you have an absentee Principal Judge who was by then from Rwanda serving as the judge in chargeoftheHighCourt.

At the same time he was supposed to direct themattersof theFirst InstanceDivision,this was not possible. Hence if therewere matters to be handled in Arusha, the Clerks were to physically take them to Kigali, Rwanda for the Principal Judge to look at the cases and give his direction. This proved that it was not possible to have an absentee head of the EACJ.

The Treaty also stated that “the President shall be the head of the Court and shall be responsible for the administration and supervision of the Court”. How couldthat happen when the president was somewhere else not at the headquarters? The Court is part and parcel of the EAC, an organ of the EAC like the Secretariat, EALA etc. There are certain things that have to be coordinated by the Secretary General, while other meetings are organized by other Institutions of the EAC.

Since July, 2012, the President is there participating fully in all the activities of

the EAC and the Court and directing the Court from the head office. It is the plan of the EACJ to have the Judges full-time at theHeadquarters.Currentlythereare109pending cases to be heard by the EACJ and the Judges are not there, so they have to plan when they should travel to Arusha.

Q: How has the current Ad hoc arrangement of having Judges serving in the Regional Court affected the EACJ, and what is the way forward?

The only solution is to get the Judges of the FirstInstanceDivisionattheHeadquarters,inArusha.BecausetheAppellateDivisionworks only if there is work generated from the First Instance Division. But since allthe other Judges, apart from the Principal Judge, are not in Arusha, it means that the Appellate Division is not working. Not because there are no cases, there are 109 pending cases, references andapplications, but the judges are not there to handle them.

The President arranged to have Judges travel to Arusha at least one month per quarter to clear some of the pending cases, then go back to their respective countries. This is not adequate time for thejudgestoworkwell.Forexample,theAppellate Division was supposed to have met some months ago after the Court of First Instancehadmet, but itwasnotpossible to have a meeting because the Vice President, who is a member of theSupreme Court of Kenya, could not attend, due to the National Issue of the Presidential Election Petition.

The quorum for the Appellate Division meeting is 3 Judges per sitting, hence even if the President is there, there must be 2 other Judges, hence there is a big problem for the Court to work efficiently resulting in delays in handling matters.


Q: During the opening of the Sub-Registries in Nairobi, in 2012, you indicated that there were difficulties in getting publicity around the court, how are your potential clients made aware of your services?

Unlike their political counterparts, the EALA members, who can discuss issues in public and they are reported, the Court doesnotgosolicitingforaudience.Hencetheir means for communicating to clients is limited to publications and people generallydonotreadthem.Forexamplethere are the Court Rules of Procedure, Rules of Arbitration, Rules of Jurisdiction, the2011BujumburaReportthatcontainsall the activities of the EACJ, cases that were decided until that time, Brochuresthat give information about the Court, etc.

For people to know what the Court isdoing, its not enough to know that there is the Treaty, because the Court’s job is to hear cases and deliver judgment and post them on their website, but very few people go to the website hence that is only limited to people who are really interested in knowing what the Court is doing e.g. Researchers and Students.

Q: With the opening of the Sub-registries, what is your experience in terms of the number of cases?

The opening of the Sub-registries is only at the capital cities of the Partner States which is not adequate to serve the other cities and towns. Hence the Court isimplementing the installation of case management systems such that when cases are filed, they are transmitted electronically to Arusha. This project is expected to be finished by the end of this financial year.

Q: There are fears that the mandate of the EACJ is limited to its scope, leading to limitation in expanding the jurisdiction of the court. What are the challenges of the current jurisdiction and how is the court overcoming the challenges?

The Court is given its jurisdiction i.e. what it should do; hence they cannot say that their jurisdiction is limited. It is other people who have a general feeling that the jurisdiction of the Court is limited.

This is not a problem of the Court but of the Treaty itself, how it was worded, in such a way that it gives room for people to question why this and that cannot be included in the jurisdiction of the Court.

The Treaty says “the Court shall serve such other original appended human rights and other jurisdiction as will be determined by the court in the suitable subsequent cases”. “Such other” invites people to ask about the ‘other’ jurisdiction such as the Court of Appeal, thus the general feeling that the Court’s jurisdiction is limited.

Before there was the East African Courtof Appeal for the three East African countries i.e. Kenya, Uganda and Tanzania with its headquarters in Nairobi. This also has brought about the issue as to why the EACJ is not an Appeal Court like the formerEastAfricanCourtofAppeal.Butthis is not the mandate of the EACJ, whose mandate is to interpret the Treaty.

Q: In your view, what is the effect of the alternative dispute section mechanism in the Customs Union and the Common Market Protocol in the jurisdiction of the EACJ?

Article 8 (4) of the Treaty says that “Community Organs, Institutions and Laws shall take precedence over similar National ones” on matters pertaining to the implementation of the Treaty. And also Article 33 (2) states that the “Decisions of the Court on the interpretation and application of this Treaty shall take precedence over decisions of national courtsonsimilarmatters”.Further,Article27 (1) states that “The Court shall be the initial jurisdiction over the interpretation and application of the Treaty. In reference to the above Articles, as far as the interpretation of the Treaty is concerned, the EACJ has the last say.

Common Market Protocol establishes committees to deal with certain matters. If there are problems at the border posts, the local bodies or the Committees can deal with such matters because it is not possible for EACJ practically to deal with thoseissuesontheground.However, ifthere is a dispute as to the interpretation and application of the Treaty among the local bodies of the Committees, then they should consult the Court which has the final say over the interpretation of the Treaty.

There are provisions in the Treaty that provide a linkage between the National Courts and the EACJ. Article 34 states that “where a question is raised before any Court or a Tribunal of the Partner States (Tribunal under the Customs Union or Common Market Protocol) concerning interpretation or application of the provisions of this Treaty or validity of the regulations, decisions or actions of the

Community”, the Court or Tribunal (of the Partner States), if it considers that a ruling of the Court is necessary to enable it to give judgment, can request the court to give its advice. The Partner States are therefore encouraged that whenever there are issues relating to Customs Union or Common Market Protocol which are community issues, they should bring the matter to the EACJ which will make a preliminary ruling on it and take it back to them to finish on it.

Article 27 (2) of the Treaty on Appellant jurisdiction provides that if someone is aggrieved by the decision under Customs Union or Common Market Protocol or any other law, there should be a direct appeal to the EACJ. Although the court does not have Appellant jurisdiction, if other bodies are making decisions concerning interpretation of the Treaty then an aggrieved party is allowed to appeal to the EACJ on the interpretation of the Treaty.

Q: Are there any publications of the EACJ that can be used as reference points by students?

There are many publications e.g. Rules of Procedure, Rules of Arbitration, Strategic Plan, the 10th Year Anniversary Report, Brochures,websiteetc.

Q: Where do you see the EACJ moving in the next 10 years?

Once the Regional Integration is fully implemented, the Court will play a major role in interpreting and cementing the regional integration. But in order toachieve this, the Court must be made to work. For instance if there are conflictsbetween the Partner States, they should let the Court interpret the Treaty, Common Market Protocol and Customs Union, etc, as opposed to the matter being handled by the local politicians, and this will strengthen the court because it can only be known by the rulings it makes.

In Article (5) the Treaty shows that the Court was established mostly to deal with economic matters or Trade issues, but if extra work involving criminal nature is assigned, the Court can still meet the challenge. However, the essence of theCourt as shown in Article 5 of the Treaty, which talks about the objective of the EAC Community, i.e. to strengthen the Customs Union, Common Market Protocol, subsequently the Monetary Union and ultimately the Political Federation, doesnot include criminal jurisdiction hence the work of the court is centered around the cooperation agreement.


21st Century Trade Wars: Big Economies Aggressive Push for New Generation Free

Trade Agreements

Just when everyone thought that the free trade agenda had gone totally moribund, latest developments in

international trade negotiations have given it a shot in the arm, reviving efforts to further liberalize markets for goods and services, secure protection for intellectual property and guarantee investor rights. The so called new generation Free TradeAgreements (FTA): broad, comprehensiveand highly ambitious trade and investment deals, are dotting the global landscape.

The announcement in February 2013of the launch of negotiations for a US-EU free trade agreement, also called the Trans-Atlantic Trade and Investment Partnership Agreement, now touted as the biggest trade deal in history, signaled an intensification of a de facto turf war among trade super powers: the United States, the European Union and China, all aggressively pushing their geo-economic agenda within their respective regional platforms or networks of free trade agreements.

For US and EU, this move is clearly aneffort to enhance their competitiveness and revive their crisis-laden economies. European Commission President Jose Manuel Barroso called the future dealbetween the world’s two most important economic powers “a game-changer” in hisremarksfollowingUSPresidentBarackObama’s announcement of the talks in his 2013 State of the Union Address.

Reflecting on US trade and investment policy under his 2nd term in office, Obama spelled out the motivation of the US for launching trade talks with the EU as well as for completing negotiations on Trans-Pacific Partnership Agreement (TPPA), and that is to “boost American exports, support American jobs and level the playing field in the growing markets of Asia.

These deals and a wave of similar highly ambitious free trade and investment agreements being pursued by the EU across Asia reflect a shared desire by both the US and the EU to “set the standard - not only for future bilateral trade and investment, including regulatory issues, but also for the development of global trade rules.”

FTA landscapeThe TPPA is a free trade agreement being negotiated by nine countries in the Asia PacificRegion:Singapore,Brunei,Malaysiaand Vietnam fromASEAN; Australia andNew Zealand from the Pacific; Chile and Peru from Latin America, and the United States from North America. Largely regarded as a US led initiative, the agenda of the TPPA talks revolve around 5 defining features which according to the US Trade Representative Office (USTR) would make TPPA a “landmark, 21st-Century trade agreement.” The key elements are: Comprehensive Market Access; fully regional agreement to facilitate the development of production and supply chains; cross-cutting issues of regulatory coherence, competitiveness and business facilitation; small and medium enterprises, and development; and addressing new trade challenges related to the digital economy and green technologies.

The fifth defining feature of the TPP and one that really stands out as a major innovation in the approach to trade negotiations is the idea of the living agreement, which will enable the updating of the agreement to address future issues as well as the expansion of the membership to accommodate new entrants.

The TPP talks cover a whole set of issues from the more traditional market access issues in goods and services, rules of origin and technical barriers to trade, to the so called Singapore issues of trade facilitation, competition policy, government procurement and investments. The main principle guiding these negotiations is the adherence to the strict requirements of high standards in all these areas.

The16th round of the negotiations recently concluded in Singapore reported “solid progress in a number of key areas like regulatory coherence, customs and development.” Sticking points however remain in the more contentious areas of intellectual property, the environment, competition and labor policies.” Another major development around the TPP talks has been the announcement recently of Japan’s intention to join the talks, a move that sparked opposition from within

Japan as well as from outside including US politicians who have been highly critical of Japan’s trade restrictions on auto exports from the States.

Asia has become the main driver of global economic growth. To a large extent these developments in the FTA front are alsomotivated one way or another by the desire to get a slice of the action in Asia. There has been a lot of talk about Obama’s “Asian pivot’, the shift in US foreign policy aimed at refocusing on Asia, and the underlying motive of counterbalancing China’s growing power and influence in the region. On the economic front, the Asian pivot is evident in the efforts of the US and Japan to come to an agreement over the latter’s entry in to the TPP. The EU is likewise adopting strategies targeting China.

Competitiveness Driven FTAsNot to be left behind, the European Union has likewise pursued the bilateral free trade track quite aggressively over the last five years with its own brand of what it callscompetitiveness-drivenFTAs.In2007itlaunchedsimultaneousFTAnegotiationsin Asia with Korea, India and the ASEAN regional bloc. The deal with Korea came into force in 2011, representing EU’s first new generation FTA in Asia. Thenegotiations with India are continuing and optimistic assessments point to contours of a deal emerging.

The negotiations with ASEAN countries shifted gears in 2010 when the EU adopted a more aggressive bilateral approach, setting aside for the time being the region to region approach to the talks. Under the

By Mark Ogot, Senior Assistant Director, Economic Affairs

Cont’d on page 32


Area (incl. water): 1.82 million sq. kmPopulation: 135.4 million (2012)GDP (current market $84.7 billion (2012)prices):EACHeadquarters: Arusha,TanzaniaFirstestablished: 1967Re-established: 7 July 2000Official language: EnglishSummitChairperson: H.E.YoweriMuseveniCouncilChairperson Hon.ShemBageineSecretary General: Amb. Richard Sezibera

KEY EAC DATES1967:EACfirstestablished1977:EACdissolved30 November 1993: Signing of Agreement for the Establishment of the Permanent Tripartite Commission for East African Co-operation14 March 1996: Secretariat of the Permanent Tripartite Commission launched, full co-operation operations begin30 November 1999:Treaty for the Establishment of the East African Community signed7 July 2000:Treaty for the Establishment of the East African Community enters into force18 June 2007:The Republic of Rwanda and the Republic ofBurundiaccedetoEACTreaty

1 July 2007: RwandaandBurundibecomefullmembersof the EACOrgans of the Community • The Summit comprising of heads

of government of partner states gives general direction towards the realisation of the goal and objectives of the Community.

• The Council of Ministers is the maindecision-making institution. It is made up of ministers from the partner states responsible for regional co-operation.

• The Co-ordinating Committeeconsists of permanent secretaries and reports to the council. It is responsible for regional co-operation and co-ordinates the activities of the sectoral committees.

• Sectoral Committees conceptualiseprogrammes and monitor their implementation. Council establishes the committees on recommendation of the respective co-ordinating committee.

• The East African Court of Justice

ensures that Community law is interpreted and implemented in line with the Treaty.

• The East African LegislativeAssemblyprovides a democratic forum for debate. It has a watchdog function and also plays a part in the legislative process.

• TheSecretariat is theexecutiveorganof the Community. As the guardian of the Treaty, it ensures that regulations and directives adopted by the Council are properly implemented.

Key EAC achievements The main achievement has been the implementation of confidence-building measures that have spurred and energized Partner States’ efforts in regional integration. Partner States have expanded the spirit and enhanced the basis of the Community from the initial threshold of mere cooperation to a higher level of integration, with the ultimate objective being political federation.

SUMMARY OF KEY EAC ACHIEVEMENTS AND SUCCESSES:Economic• Establishment of the East African

Community Customs Union• Establishment of the East African

Community Common Market• Convertibility of the currencies of

Kenya, Tanzania and Uganda• Capital markets development and

cross-listing of stocks• Joint infrastructure development

projects (e.g. Arusha-Namanga-Athi River Road)

• Harmonization of the EAC axle load(vehicle weight) limit

• Harmonizationofstandardsforgoodsproduced in East Africa

• Reductionofnationaltradebarriers• Implementation of preferential tariff

discount•Freemovementofstocks• Harmonizing operations of Ministries

of Finance and Central Banks duringnational budget preparation and presentation

• Mutual recognition of healthcertificates issued by national bodies for goods traded in East Africa

Social/Cultural• AdoptionoftheEACAnthem“Wimbo

wa Jumuiya ya Afrika Mashariki” in 2010

• OperationalizationoftheEastAfrican

passport, which passport grants a holder a six month multiple- entry visa in the region

• Implementation of seven-day graceperiod for personal motor vehicles crossing national borders if t h e EAC Partner States

• Establishment of special immigrationcounters for East Africans at ports of entry

• Issuance of temporary traveldocuments to facilitate travel within the region by EAC citizens

•Harmonizationofimmigrationformsatports of entry

• Abolition of student visas for EastAfricans

• Standardization of university fees forcitizens of East Africans

•Implementationofstudentandlecturerexchange programmes at university level

•Implementationofcross-borderdiseasecontrol programmes (EAIDSnet)

• Harmonization of procedures forgranting work permits

• Conducting annual EAC StudentsEssay Competition

• Conduct of the annual EAC MilitarySportsandCultureWeek

Political/Security/Defence• Signing of the Treaty for the

Establishment of the East African Communityin1999

•JointmilitaryexercisesbyEACPartnerStatesDefenceForces

• Establishment of fora for chiefs ofPolice, Directors of CID and Directors of Operations and Intelligence to coordinate peace and security matters

• Joint patrols, sharing of criminalintelligence and surveillance to combat cross-border crime

Institutional• Establishment of the East African

Court of Justice• Establishment of the East African

Legislative Assembly• Establishment of the East African

Science and Technology Commission• Establishment of the East African

Kiswahili Commission• Establishment of the East African

HealthResearchCommission•EstablishmentoftheEACCivilAviation

Safety and Security Oversight Agency• Establishment of EAC Chief Justices

ForumSource: EAC Secretariat

EAC QUICK FACTS


How Kenya has become more appealing to Asia

The steadily growing and thriving trade between Kenya and India is sky-high. India with a population of one billion

people is topping the list of the latest and biggest trading partners with Kenya after ChinaamongAsiancountries.Flourishingtrade between the two countries has sparked confidence for more Indians to map out areas in the country to invest. Kenya with population of about 42 million people appears to have become appealing to Asian countries.

This factor become evident when business gurus from India held talks with the Cabinet Secretary for The Ministry of East African Affairs, Commerce and Tourism, Mrs. Phyllis Kandie in her Teleposta Towers Office. In a mission dubbed “Eastern RegionBusinessMissiontoKenya,”ateamof eight Chief Executive Officers pitched camp in the country and assessed the business environment in the country. The team was led by the Managing Director of TATA Steel Processing and Distribution Limited, Mr. Sandipan Chakravortty.

Speaking to the Cabinet Secretary Mr. Chakravortty said, “Our agenda is to scout regions in Kenya that we can invest in. Wearelookingtoinvestinsteelindustriesin Kenya as well as the education sector among others.”

Kenya’s economy is poised to scale-up. Investors expressed confidence after the country held peaceful elections in March. “Kenya is safe and we are the leading business hub in the Eastern African Community with a fast growing economy in the region,” said Mrs. Kandie. In a bid to realize6%growthoftheGrossDomestic

Product(GDP)asenvisionedbyWorldBank,the country is keen to see tremendous developments in infrastructure. In the nation’s national budget for the 2013/14 fiscal year read by The National Treasury Cabinet Secretary, Mr. Henry Rotich,development of infrastructure was top on the list having been allocated a whooping 97.9billionshillings.

The Cabinet Secretary emphasized the need for reliable rail transport by exempting rail development equipments from taxation and allocating 22 billion shilling for the construction of a standard gauge railway line from Mombasa to Kisumu to be completed in the next three years.

An Indian Newspaper, The New Indian Express, reported that India exported to Kenya goods worth $240 million, way ahead of Asia’s biggest economy China, which exported goods valued at $148 million. The figure represents a growth of around 30 percent when compared to 2011.

ExportstoKenya,accordingtoIndianHighCommissioner Sibabrata Tripathi, included petroleum products, pharmaceuticals, electrical machinery, steel products, textiles, hand and machine tools, yarn, vehicles and paper.

A number of factors have contributed to the growing trade between India and Kenya. Relative proximity of the two countries, particularly of ports on the west coast of India, and the quality of Indian products at an affordable cost are among the major factors,” the high commissioner

reported. “Close attention is paid by Indian exporters to the specificities of the Kenyan market. The commonality of business language in the two countries also helps,” added Mr. Tripathi. Much of the Indian Diaspora has its origins in Gujarat and Punjab.

HesaidKenyawasemergingasamarketfor Indian tour operators, with some 60,000 of the one million tourists who visited Kenya in 2011 being from India, compared to 47,000 in 2010. The growth has been spurred by increased direct flights between Delhi/Mumbai and Nairobi, with Kenya Airways and Emirates operating regular flights on these sectors.

“The wildlife safaris of Kenya are increasingly becoming an attractive destination for Indian tourists since they have remained relatively unexplored so far”, Mr. Tripathi said.

There was also growing Indian interest in Kenya as an investment destination in areas like communications, petroleum refining, floriculture and medical diagnostics. Already some 40 Indian firms including banks are operating in Kenya using the country as a gateway to the populous East African Community which is home to over 130 million people. India also wants to improve its trade with the wider Common Market for East and Southern Africa (COMESA).

Among the major companies operating in Kenya are Tata Chemicals, which owns Magadi Soda Ash Company, mobile service providersEssarandAirtelandTheBankofIndia which has four branches in Kenya.

Kenya Tourism Board ‘Winner of Africa’s Leading Tourism Board 2012’

Kenya Tourism Board (KTB) wasvoted Africa’s leading Tourism Board2012intheAfricacategory,

at the 19th World Travel Awards heldatBeachTurksandCaicosResortinUK.Other African countries which competed with Kenya included Egypt, Namibia, Nigeria, Ghana, South Africa and Morocco among others.

“Kenya stood out for its sustained innovative and cutting edge marketing

campaigns targeting both the traditional and new niche market segments, in an increasingly competitive global tourism industry,” saidKTB’sManagingDirectorMuriithi Ndegwa who also appreciated the contribution of all the stakeholders towards this achievement. We arehonored to be recognized as Africa’s Leading Tourist Board this year”, headded.

TheWorld Travel Awards, described by

the Wall Street Journal as the ‘Oscars’of the global travel and tourism industry, serves to acknowledge, reward and celebrate excellence across all sectors of the global travel, tourism and hospitality industry.

TheAwardwasfirstheld in1994,asatourism industry initiative, with travel agencies, tour and transport companies and tourism organizations across the globe voting for the winners.

By Richard Abura and Hilda Okome

By Kioko Mutunga


The Republic of South Sudan/IGAD Capacity Enhancement Initiative is an innovative approach to capacity

building in mentoring and coaching, relying on a strong partnership among South Sudan, IGAD member countries, Norway and UNDP.

The objective of the project which was mooted in 2009 is to strengthen thecapacity of the Government to deliver public services to its citizens by bringing in 200 civil servants from IGAD member countries to mentor and coach their South Sudanese counterparts on best practices in the civil service.

The 2005 Comprehensive Peace Agreement recognised that the Second SudaneseCivilWarwhichlastedovertwo

decades had debilitated the new nation’s human resource base through maiming, killing and migration of the professional and technical cadres.

To fill this gap, it was felt that South Sudan required an initiative where officers in its civil service would be coached and mentored by their counterparts – CivilService Support Officers (CSSOS) – fromneighbouring countries in IGAD which share similar social, economic, cultural and political backgrounds with the new nation. The CSSOs are deployed at the national, state and county levels where they are twinned with their South Sudanese civil servants whom they mentor and coach.

Norway is funding the initiative which is managed by UNDP South Sudan, on behalf

of the Ministry of Labour, Public Service and Human Resource Development.There are 200 posts with Kenya providing 80 while Uganda and Ethiopia have 60 each. The CSSOs are paid a consolidated technical allowance which covers the cost of accommodation and subsistence while in South Sudan. Some of the cadres deployed under the project include doctors, nurses, ICT officers, physical planners, public communications officers, procurement officers, records management officers, legal officers, human resource management/development officers, management analysts, veterinarians, payroll management officers, etc.

The RSS/IGAD Project at a Glance

The departing Kenyan CSSOs after their exit workshop at a Juba hotel. Seated in the front row are (l-r) Mr Duncan Ambembo (CSSOs Chair), Mr BalazsHovarth (UNDP Country Director), Ambassador Cleland Leshore (Kenyan envoy), Mr KwongDanhierGatluak (acting Labour and Public Service

Minister), AmbTesfamichaelTesfastion (Ethiopia), Ms Hanne Marie Kaarstad (Norwegian envoy), Amb Mohamed Abdoul (IGAD Head of Office), and Mr Alex Bigira (Ugandan Embassy, Juba).

By Simon Owaka


Kenyans and other East Africans can now cross the border into the United Republic of Tanzania without

a yellow fever certifi cate after Tanzanian authorities scrapped the requirement as a precondition for entry into its territory.

Tanzanian Minister for East African Cooperation, Samuel Sitta, issued a fresh directive to border control offi cials to stop imposing the yellow fever requirement for East Africans entering the country, and that violators of the directive would be severely punished.

Speaking at the Isebania-Sirare Borderduring a joint meeting between Kenyan and Tanzanian cross border offi cials and traders, Sitta said that World HealthOrganization directive on yellow fever vaccination was clear that only people originating from areas prone to the disease required vaccination certifi cates to move across international borders.

“There is no East African Country with endemic yellow fever cases and so no one from within this region should be subjected to the yellow fever certifi cate requirement,” he told the meeting held on the Tanzanian side of the border.

His directive was a reaction to claims byKenyan leaders and traders that Tanzanian health offi cials stationed at the border were demanding yellow fever certifi cates from Kenyans crossing the border, and forcing those who had none to pay for the vaccination before getting permission to cross.

On her part, the Principal Secretary in charge of East African Affairs, Mwanamaka Mabruki, noted that non tariff barriers like prolonged border control formalities, limited capacity at the border control points, duplication of clearance procedures and others, had continued to undermine free fl ow of trade across the region’s national borders.

She insisted that despite efforts put in place by the EAC to address these barriers, including strengthening national and regional monitoring committees, such efforts must be doubled to ensure the region remains competitive, and to facilitate trade between Partner States.

She cited the on-going construction of OneStopBorderPosts(OSBPs)atallmajorborder crossing points, as one example of efforts meant to facilitate faster,

convenient and viable cross border trade through reduction of time wastage for enhanced business profi t margins.

Mabruki reiterated Kenya’s commitment to the promotion of the EAC integration process through modernization of border operations and removal of all non tariff barriers, among them drastic reduction in the number of roadblocks along the region’s major trade corridors.

The PS noted that the ongoing establishment and strengthening of Joint Border Committees (JBCs) will play astrategic role of bringing together public and private sector players in order to create a common platform for synergy and corporate linkages.

Such collaborative structures, she emphasized, are instrumental in building trust and enhancing understanding, besides helping to formalize low-value cross border trade.

Addressing the same forum, Migori Governor Okoth Obado and his Deputy, Mahanga Mwita, had blamed unnecessary security checks and restrictions at the border crossing point for the declining

Tanzania lifts Yellow Fever restriction and Border Markets and Bonded Warehouses

to be established

Kenyan and Tanzanian offi cials meeting with cross border traders at Sirare border on October 8th, 2013. From left are Migori Governor Okoth Obado, Mara Ag. Regional Commissioner Jackson Nzombe, Minister Samuel Sitta, PS Mwanamaka Mabruki, Kenyan High Commissioner to Tanzania George Owuor and

Tanzanian High Commissioner to Kenya, Dr Batilda Buriani

By Michael Okidi


cross border trade volumes, and the growing restlessness about the pace of the EAC integration process.

Obado called for meaningful, collaborative cross border security operations to check the increasing cases of sugar smuggling by cartels allegedly working in cahoots with border security agents.

Meanwhile, Minister Sitta and East African Affairs PS Mabruki signed a joint communiqué in which Kenya and Tanzania agreed to establish market places and bonded warehouses on either side of the border to help reduce the cost of doing business and facilitate seamless fl ow of goods for enhanced trade relations.

They further agreed to urgently explore the possibility of delegating issuance of temporary or emergency permits to the district, ward and village border committees for the convenience of regular cross border travelers.

Further agreement was reached onfacilitating the quick and prompt issuance of border crossing passes in relation to quick-demand goods like food items and livestock that are supposed to transit the

border crossing points in the shortest possible time.

Taking cognizance of the close cultural ties between communities living along the border, the two Partner States agreed to reinforce an earlier arrangement that

allowed unrestricted movement of persons within a radius of 20 kilometers on either side of the border to enable neighbouring communities to freely interact and trade with their neighbours, with whom they have ethnic relations.

East Africans have a chance to mark an East African Community (EAC) Day, if a bill passed by the East African

Legislative Assembly (EALA) is approved by theCommunity’sHeadsofStateSummit.

TheEACHolidaysBill,2013,passedbytheRegional Assembly at its sitting in Arusha, Tanzania on August 30th 2013, sets aside November 30th every year to be observed as EAC Day in all the fi ve Partner States.

If assented to by the Summit set for November in Kampala, Uganda, the day will be an opportunity for the citizens of the region to refl ect on the vision of integration, and to celebrate the progress made and on-going activities aimed at actualizing the objectives of the Community.

It provides for celebration of the offi cial activities in the Partner States, celebrating African renaissance and honouring citizens who have championed the cause of integration. The day will be observed in the entire region but celebrated on rotational basis among the fi ve EAC countries.

TheBill,readbyEALAMemberMikeSekaluon behalf of its proposer, Abubakar Zein Abubakar, recognizes all the independence days celebrated in the Partner States as days off for employees of the Community

and its organs, with the same recognition applying for religious holidays observed in the region, includingGood Friday andEasterMonday aswell as Eid El Haj andEid-Ul-Azha. The International Women’s

Principal Secretary for East African Affairs, Mwanamaka Mabruki (left) exchanges copies of a joint communiqué with Tanzanian Minister for East African Cooperation, Samuel Sita after the two held a

joint meeting between Kenyan and Tanzanian traders at the Isebania-Sirare border.

Kenya’s East African Legislative Assembly (EALA) member Abubakar Zein Abubakar makes his contributions during an EALA sitting. The Assembly passed a Bill setting November 30th as an annual EAC Day.

Regional Assembly passes November 30th as East African Community Day

By Michael Okidi


Day, commemorated globally every March 8th, shall also be recognized as a public holiday for the Community staff, organs and institutions.

TheBill’sinitiatorsrootedfortheprovisionof a legal basis for the holidays, and provided for remuneration of employees who work during the holidays.

It received overwhelming backing from MPs Patricia Hajabakiga, DoraByamukama,PeterMathukiand theEACCouncil of Ministers Chair-Uganda’s EAC AffairsMinister,ShemBageine.

The Bill now awaits assent by theHeadsof State Summit before it becomes Community Law. The other days that are

recognized and celebrated, not as public holidays, but as important EAC occasions, include September 15th, set aside to celebrate Mara day, in recognition of the need to conserve the Mara River and Lake VictoriaBasin;andJuly1st,onwhichtheCommon Market Protocol was signed in 2010.

Organs of EAC• TheSummit• CouncilofMinisters• Co-ordinationCommittee• SectoralCommittees• EastAfricanCourtofJustice• EastAfricanLegislativeAssembly• TheSecretariat

Institutions of the EAC• LakeVictoriaBasinCommission(LVBC)• CivilAviationSafetySecurityOversight Agency (CASSOA)• LakeVictoriaFisheriesOrganisation(LVFO)• Inter-UniversityCouncilofEastAfrica(IUCEA)

• EastAfricanDevelopmentBank(EADB)

Source: EAC Secretariat

East African Community Organs

and Institutions

The Cabinet Secretary (CS) for East African Affairs, Commerce and Tourism Mrs. Phyllis Kandie says the Kenyan Government is undertaking a multi-billion power project with Ethiopia that will

reducethecostofenergyby50%inthenextthreeyears.

The CS stated that expansion of power supply to the National Grid is part of a wider strategy by the Kenyan Government to reduce the cost of manufacturing products. “The joint power project with Ethiopia will considerably lower production expenses in Industries. Electric power is a prerequisite in our industries’ operations,” she explained.

Mrs. Kandie made the remarks at her Telposta Offi ce in Nairobi while addressing a delegation of businessmen from the Republic of Korea led byMr.ChoungByounggugwhoisaMemberoftheNationalAssemblyof Korea.

She stated, “There is urgent need for Kenyan industries to upgrade to value addition in production. It is absurd that our factories do not have the requisite technical apparatus and the technical know- how of personnel to qualify for value addition.” Among those in the Korean delegation included, the Korean Ambassador to Kenya, the Managing Director of Korea Trade-Investment Promotion Agency (Kotra) Mr GangsukSuh, Regional Director Middle East Africa, Mr. PerryFung,ManagingDirectorHongKongTradeDevelopmentCouncil,Mr. Abed Al Aziz Nasser, Chairman of Small Medium Entrepreneurs (SMEs) in Korea and representatives from Samsung Insurance and the Korea food processing and jewelry industries.

The Kenya-Ethiopia multi-billion electricity project is expected to commence in September 2013. On completion of the electricity project, theBusinessCommunityandhouseholdsinKenyawillhavetheirpowerbillsreducedbyasmuchas50%.

The entire electricity project will run 1068 kilometers from Ethiopia to Kenya and is budgeted to cost a total of 1.26 billion dollars (Ksh. 107 billion). This power project is expected to be completed in four years. The project will lower Industrial production costs and boost inter-regional and cross-border trade.

The Cabinet Secretary (CS) for East African Affairs, Commerce and Tourism Mrs. Phyllis Kandie says the Kenyan Government is undertaking a multi-billion power project with Ethiopia that will

Multi-billion Electric Project will reduce costs by 50%


bilateral approach, a deal has been forged with Singapore in late 2012; negotiations are continuing rapidly with Malaysia, and new talks have been launched with Vietnam (2012) and more recently withThailand (2013). Negotiations are also expected to be launched this year with the Philippines and Indonesia

Asian ConsolidationAsian countries on the other hand are developing their own platforms even as they engage in negotiationsa with both the US and EU. Under the banner of East Asian economic cooperation, ASEAN has spearhead together with six other nations withwhich the group has FTAs, namelyChina, India, Korea, Japan, Australia and New Zealand. A comprehensive agreement is also being pursued to consolidate the Regional Comprehensive Economic Partnership (RCEP), which has been described as “the largest free trade blocintheworld.WhiletheRCEPaimsforprogressive elimination of tariffs and non-tariff barriers, the underlying principle of the agreement is more to harmonize the existingFTAsandtomakethemconsistentwith WTO rules. Compared to TPP, theRCEP makes fewer demands for economic change.

Another development in Asia is the launch in late 2012 of trilateral talks among China, Japan and Korea, the three biggest economies in the region. The move to consolidate a “fully regional economic partnership” via RCEP and negotiations for the China-Korea-Japan FTA is Asia’sresponse to the changing global trade dynamics.

Post Crisis Twists and TurnsContrary to expectations that the economic crisis will somehow slow down FTAactivityasdemanddeclines,countriesadopt a more cautious and inward-looking economic policies, what we have seen instead is a more aggressive push to launch and conclude FTAs since theglobal economic crisis. The motivations of the major players remain largely the same but have become more upfront and more political. The deals are meant to protect their competitiveness, secure jobs at home, secure much needed raw materials to fuel their own industries, push for greater market access for their goods and services, open up investments and protect the interest of corporations. But these agreements are equally aboutreforming national policies to conform to the new standards, which are viewed

by some analysts as going way beyond the traditional parameters of trade agreements.

In at least two main areas, on investment and intellectual property rights, demands from developing countries commitments beyond their obligations under theWTO(WTOplus)andwillmeanamajorerosionof domestic policy space. The standard investment being pushed under both the US and EU led negotiations will allow higher level of investor protection including the controversial investor to state dispute settlement mechanism (ISDS).

‘Like-minded’ ApproachThese new generation FTAs are likewisechanging the process and approach to trade and investment negotiations. The US-led TPP talks have put in place a ‘like-minded’approachtonegotiatingFTAs. Inthis approach, talks begin at high standards of liberalization. The nine countries that initiated the talks more or less were on the same footing on a number of important principles and concrete issues. Adopting the principle of ‘living agreement’, countries along the way can opt to join the talks under a set of pre-conditions mainly to prove adherence to the high liberalization standards.

This ‘like-minded’ approach therefore is not really something new but is cut from the same classic ‘bandwagon’ cloth. It continues to work as more and more countries express interest to be part of the TPP talks out of fear of being left out and left behind. In Southeast Asia, two more countries, the Philippines and Thailand, have expressed serious intentions to join the TPP. The Philippines for example recently announced a ‘road map’ for joining the talks. A similar approach has been adopted under RCEP with its open accession scheme that will allow other members to join as long as they agree to comply with the grouping’s rules and guidelines.

While US still views the WTO as theprimary forum for “liberalizing multilateral trade, developing and enforcing global trade rules, and serving as a bulwark against protectionism,” it is interesting that theWTOagendaonly comes fourthin the order of strategies towards its over-all goal of expanding job-supporting US trade; trailing behind the National Export Initiative (NEI); advancing the conclusion of an ambitious Trans-Pacific Partnership Agreement (TPPA); and the recently

announced Trans-Altantic Trade and Investment Partnership with the European Union.

The US is likewise pushing for a new multilateral architecture. It is interesting to note that there is hardly any reference to Doha in the US 2013 trade policy document, except to highlight the impasse in the talks, and the policy seems to indicate a direction towards “moving negotiations along more constructive and productive pathways.”

This hints of a position to do away with the Doha mandate altogether and push for a new negotiations architecture anchored on the following elements: Multi-party negotiations within multilateral frame; the consolidation of like-minded groups on key negotiating issues; and high standards (market access, IPR, services liberalization, investments) reflecting and in the future ‘multilateralizing’ or bringing the high standards of commitments in the ambitious and comprehensive bilateral and trans-continentalFTAsintothemultilateralarena.

Africa’s ResponseTheHeadsofStateandGovernmentoftheMember and Partner States of the Common Market for East and Southern Africa (COMESA), East African Community (EAC) and the Southern Africa Development Community (SADC) met in Johannesburg in June 2011and launched negotiations for the establishment of a single market. Spanning the continent from Cape Town toCairo, thegrand FTAencompasses26Countries with a combined population of nearly 600 million people and a total GDP approximately US$1.0 trillion.

The region makes up half of AU membership andover58%intermsofcontributiontoGDPand57%ofthetotalpopulation.TheestablishmentofaTripartiteFreeTradeAreawill bolster intra-regional trade by creating a wider market, increase investment flows, enhance competitiveness and develop cross-regional infrastructure; the Summit adopted a developmental approach to the Tripartite Integration process that will be anchored on three (3) pillars, namely: Market integration; Infrastructure Development to enhance connectivity and reduce costs of doing business as well as Industrial development to address the productive capacity constraints. The talks are planned to end in June 2014.

Cont’d from page 25


Kenyadominatedat the20thWorldTravel Awards gala dinner ceremony hosted by Kenya Tourism Board

at Safari Park Hotel with more than tenawards scooped by various Kenyan- based tourism industry players.

KenyaTourismBoard(KTB)ledthepackbyretaining Africa’s leading tourism board for the second time in a row.

Kenya Airways won the Africa’s Leading Airline–BusinessClasswithMaasaiMaranational reserve named Africa’s Leading nationalparkBrand.

ThehostvenueSafariparkHotels&Casinowon the coveted title of Africa’s leading Meetings, Incentives, Conferences and Exhibitions(MICE)Hotel.

Speaking during the event the Cabinet Secretary for East African Affairs, Commerce and Tourism, Phyllis Kandie, urged tourism stakeholders across the continent to work together in growing the tourism sector in Africa.

“Africa is our next frontier and this is the

time for us as a continent to leverage on each other’s strength, synergize on our varied expertise so as to grow our tourism sector to greater heights”, she said.

Kandie added that besides the traditional tourist source markets such as the US, UK,Germany,FranceandItaly,Kenyahasnow identified Africa as the next frontier with the potential of helping boost tourism arrivals and the government has in response mounted marketing campaigns within the continent.

Others winners in their respective categories in Africa were; Africa’s leading Eco-HotelwonbyAmboseliSerenaSafariLodge, Africa’s leading Eco-Lodge went to Il Ngwesi lodge, Africa’s Leading green hotel went to the Aberdare Country Club, Africa’s Leading new hotel won by VillaRosa Kempinski Nairobi, while the Africa’s LeadingresortawardwenttoAlfajiriVillas.

OthersincludedFinchHatton,TwigaTours,Leopard Beach and Resort Spa, GameWatchersSafarisandPoriniCamps.

Kenya Tourism BoardManaging Director,

Muriithi Ndegwa welcomed the award for the best tourism board and attributed the success to the effort to being the absolute best in all aspects of marketing the country’s offerings.

“WearehonouredtowinthetitleoftheLeadingTourismBoardforthesecondtimewhich supports our extensive recovery and stabilization from the recent unfortunate incidents in our country.

Our marketing initiatives have brought the success and we are keen to further improve our international profile as well as reach out to new markets”, he added.

TheWorldTravelAwardswasestablishedin1993torecognizeandrewardoutstandingachievements within the global travel industry and the awards are endorsed by celebrities, travel trade and press from around the world.

TheawardshavebeenhailedbyTheWallStreet Journal as the ‘Oscars’ of the travel industry’, and winners are nominated by over 40 000 travel trade professionals world-wide.

Kenya scoops top awards at the World Travel Awards

East African Affairs, Commerce and Tourism Cabinet Secretary, Mrs Phyllis Kandie, receives the award at the tourism awards ceremony.

By Kioko Mutunga


PICTORIAL

The late Aloyo’s widow addresses mourners during her husband’s burial in uyoma location, Siaya County.

Principal Secretary for East African Affairs, Kenya, Mwanamaka Mabruki, shakes hands with the Council of Ministers Chairman, and Uganda’s Minister for EAC Affairs, Shem Bageine, before the start of the 27th

Council of Ministers Meeting in Arusha, in August.

East African Affairs, Commerce and Tourism Cabinet Secretary, Phyllis Kandie (front row, center), attends a retreat for the Ministry’s Senior Staff

at a Nakuru Hotel. She is fl anked by Commerce and Tourism Principal Secretary Dr Mohammed Ibrahim (right) and Tourism Secretary, Dr Ann

Kinyua (left).

Church leaders surround the coffi n bearing the remains of the late Joseph Aloyo, during his burial in Uyoma location, Rarieda District of Siaya County. The late Aloyo was, until his death in July, 2013, a Senior Accountant at the

department of East African Affairs.

EAC Deputy Secretaries General; Jesca Eriyo (Productive and Social Sectors, front, left), Enos Bukuku (Planning and Infrastructure, in dark

glasses), Charles Njoroge (Political Affairs, front row, right) and Jean Claude Nzingeyumva (Finance and Administration, back, left) at the opening of Council of Ministers meeting at the EAC Headquarters on August 28th,

2013


PICTORIAL

Tanzania’s immediate former Permanent Secretary in the Ministry of East African Cooperation Dr. Stergomena Tax addresses the 27th EAC Council

of Ministers meeting in Arusha in August. Dr. Tax has been appointed Executive Secretary of the Southern African Development Corporation

(SADC)

PS Mwanamaka Mabruki signing the visitors book at the Busia Border immigration offi ce when she led offi cials from Kenya and Uganda in

touring the offi ces recently.

Participants listen attentively during a sensitization forum on the East African Community integration, organized by the Directorate of Social

Affairs, State Department of East African Affairs, in Murang’a County in June, 2013.

President Jakaya Kikwete of the United Republic of Tanzania joins traditional dancers for a jig prior to the Extraordinary Summit of the EAC Heads of

State at the Ngurudoto Mountain Lodge in Arusha, Tanzania, in April 2013

PS Mwanamaka Mabruki addresses cross border traders and Kenyan offi cials during a meeting at the Isebania One Stop Border Post, prior to a meeting with their Tanzanian counterparts on October 8th, 2013. Seated,

from right, are: Migori Governor, Okoth Obado, his Deputy, Mahanga Mwita and Kenyan High Commissioner to Tanzania, George Owuor


PICTORIAL

East African Affairs, Commerce and Tourism Cabinet Secretary, Phyllis Kandie (right) addresses the media after a meeting with senior ministry

staff in Nakuru. She is accompanied by Commerce and Tourism Principal Secretary, Dr Mohammed Ibrahim (center) and the Ministry’s Head of

Communications, Kaplich Barsito (left).

EAC Summit Chair and Ugandan President Yoweri Museveni (left) confers with his Tanzanian counterpart, Jakaya Kikwete, before the start of the

Extraordinary Summit of the EAC Heads of State at the Ngurudoto Mountain Lodge in Arusha, Tanzania, in April, 2013

Director of Political Affairs at the State Department of East African Affairs, David Njoka and Florence Muinde of the Devolution & Planning Ministry, follow proceedings during the Extraordinary Heads of Summit Meeting at

the Ngurudoto Mountain Lodge in Arusha, Tanzania, in April, 2013

State Department of East African Affairs Senior Deputy Secretary Henry Obino, waters a tree he had just planted during the staff team building

exercise at the Kenya School of Monetary Studies in July, 2013

A Deputy Secretary Macdonald Oguya, participates in a fi re marshals training exercise for State Department of East African Affairs staff at the Kenya National Highways Training Institute in

June, 2013


PICTORIAL

PS Mabruki presents a copy of the EAC Common Market Protocol to Migori Governor Okoth Obado during a meeting at Isebania border town

in October, 2013

EAC Heads of State, from right: Uhuru Kenyatta (Kenya), Jakaya Kikwete (Tanzania), Yoweri Museveni (Uganda) and Pierre

Nkurunziza (Burundi) pose for a group photograph with Senior Staff of the EAC Secretariat, among them Deputy Secretary

General for Productive and Social Sectors, Jesca Eriyo (middle, in fl owing fl owery orange dress) after the Extraordinary Summit Meeting at the Ngurudoto Mountain Lodge in Arusha, in April

2013

EAC Secretary General, Dr Richard Sezibera, (right) confers with Bobi Odiko, Public Relations Offi cer of the East African Legislative Assembly, on the sidelines of the 27th Council of Ministers Meeting at the EAC

Headquarters in Arusha, Tanzania.

A section of the State Department of EA Affairs staff enjoying a jig during the team building exercise at the Kenya School of Monetary Studies in July,

2013.

Weighty jokes! Staff members carry a colleague, believed to wield immense weight, as part of efforts to underscore their commitment to the

spirit of team building.


PICTORIAL

State Department of East African Affairs staff participate in a team building exercise at the Kenya School of Monetary Studies in July, 2013.

A section of Kenyan cross border traders converge at the Isebania OSBP for a meeting with senior offi cials led by State Department of EA Affairs

PS Mwanamaka Mabruki.

Central Bank of Kenya Governor Prof. Njuguna Ndungu, addresses members of the Parliamentary Committee on Regional Integration during

a breakfast briefi ng on the East African Community Monetary Union (EAMU), organized by the State Department of East African Affairs at the

Kenyatta International Convention Center, Nairobi.

East African Legislative Assembly (EALA) Speaker, Ms Margaret Nantongo Zziwa (right), with Burundi’s Minister in Charge of EAC Affairs, Leontine Nzeyimana, at Ngurudoto Mountain Lodge during EAC Extraordinary

Heads of State Summit in April, 2013.

State Department of East African Affairs Principal Secretary, Mwanamaka Mabruki (center) speaks during a retreat for MPs on regional integration

at Watamu, Malindi, in October. She is fl anked by Chairperson of Parliamentary Committee on Regional Integration, Florence Kajuju and

National Assembly Clerk, Justin Bundi.


PICTORIAL

Colourful Burundian traditional dancers go through their paces along the streets of Kigali as part of a carnival curtain raiser for the fi rst EAC

Cultural Festival dubbed ‘Jamafest’.

Pupils from Mugwanya Preparatory School in Uganda entertain guests during a symposium on the JAMAFEST festival at Kigali’s

Sportsview Hotel.

Some of the items on display at the JAMAFEST festivals at the Amahoro Stadium in Kigakli, Rwanda.

The Kenya Boys Band belt out their ‘Jambo Bwana’ tune at the Amahoro Stadium during the JAMAFEST festivals. Their hybrid dancing and singing styles, that combined modern rap tricks and traditional moves, was the

talk of the festivals.

Kenya’s Atti Sanna, a Nyatiti instrumentalist, performs her tricks during the JAMAFEST festival at the Stade de Amahoro in Kigali, Rwanda.


Rwanda Blazes the Trail in Women’s Liberation

Women are said to be the backbone of a country’s development. However, the African continent

has for years been dominated by a patriarchal approach to leadership, almost in every sector of the economy.

But, in Rwanda the smallest country inEast African , with only 26.2 km2 to count in geographical occupancy, women are taking the reins in not only driving the economy , but form over 50 per cent majority in parliament.

One aspect that has promoted the advancement of women in Rwanda is the legal and policy framework that recognises the critical role of women in leadership. Rwanda’s constitution requires the inclusion of 30 per cent of women in public and leadership posts.

The constitutional provision makes Rwanda a good case - on the implementation of the new trend to use electoral gender quotas as a fast track to gender balance in politics. Other parliaments however, still have very few women elected.

Rwanda’s gender quota provisions superseded Sweden, with 56.3 percent women against Sweden’s 47.3 percent. Rwanda becomes the number one in the world in terms of women’s parliamentary

representation. The Rwandan parliament in 2008 became the first in the world where women claim the majority - 56 percent, including the speaker’s chair. The unusually high percentage of women in Rwandan government is in part a reflection of popular will in a country of 10 million that is 55 per cent female.

On the local level, it is common to find women working on construction sites, in factories and as truck and taxi drivers. A spectacular sight in Kigali city and its environs is that of a woman with a two to three months old baby strapped on her back as she goes about other daily activities. This picture creates a critical point and some gender activists even see it a painful reminder of the insensitive notion of viewing a woman as a beast of burdens, as it were in most African countries in the recent past.

They made their case and a notice was issued to remove a statue at the Kigali BusinessCentreofawomanwithapotonher head and a child strapped on her back. In its place a freer woman has replaced the former stigmatized sculpture; she only walks with a child by her side.

Indeed, women are filling the ranks of government. Women hold a third ofall cabinet positions, including foreign

minister, health minister, Supreme Court chief and police commissioner general.

Rwanda has made steps to recognize issues that inhibit women from being active in national development. So far, it has been acknowledged as heading in the regions gender equality promotion. In addition, Rwanda has abolished laws that prevent women from inheriting land. The legislature has passed bills aimed at ending domestic violence and child abuse.Withapopulationthatwasabout70 percent female after the genocide, Kagame’s government adopted ambitious policies to help women economically and politically, including a new constitution in 2003 requiring that at least 30 percent of all parliamentary and cabinet seats go to women.

The remaining 26 percent of the women in parliament are indirectly elected. Recently Transparency Rwanda report on gender based corruption, has recommended for the establishment of a specialised unit to monitor and curb this form of corruption that was said to be perpetrated against women.

But, even as Rwandan women recordsuccess stories there are other sectors in which certain bottlenecks challenge their

Immediate former Rwandese Minister for East African Affairs, Ms Monique Mukaruliza (front, in cap) addresses participants of the JAMAFEST after they participated in the Omugunda, a community service practice done monthly in Rwanda.

By Lydia Radoli


performance. According to Immaculee Ingabire, Chair of Transparency Rwanda despite an impressive progress on both the fight against corruption and the promotion of gender equality, “gender based corruption” exists and affects women searching for jobs in the private sector.

Ingabire encouraged women to break the silence about this form of corruption for it degrades their human dignity and basic rights. According to her “gender based corruption” has not yet attracted sufficient legislative attention, nor has it been the subject of any social and academic research in the region.

She added that assuming the existence of the problem, TR study unveiled a set of pertinent issues that are worth highlighting in the media and other civil society institutions.

But,theMinisterinchargeofGenderandFamily Promotion Aloysea Inyumba seeswomen at all levels of society, especially those at the grassroots as positive forces, which cultivate women leadership which

can affect policy and contribute to the national development.

According to Inyumba, the good initiatives carried out at grassroots levels accumulate to become good initiatives which have seen women continue doing well in various sectors in Rwanda.She argues for the need to mobilise resources within community based organisations and civil society that can generate more avenues to empower women in their endeavour to become more actively involved in leadership of the county.HeradvicetoRwandanwomeninone online media resource portal is “stick to principles, be active honest articulate”.

Speaking on the success story of women in Rwanda, 40 year old Adelphina Mukashema has had a vast experience in capacity building programmes with women in the Rwandan villages or Midugudu. She says, sometimes women at grassroots are ignored, because there is a public assumption that such categories of women do not have anything to offer.

On the contrary, Mukashema feels that

women in the grassroots levels contribute highly to the national economies. “They are charged with farming, taking care of children and even participating in the forums which seek feedback on how policies can be implemented at the lower levels”. She says.

She agrees with Inyumba’s views that grassroots communities have produced leaders that are diligent and engaged at higher level of economic and social development.“Wehavesomelocalleaderscoming from the low levels of the villages but now they are key voices that deliberate national development issues”. She adds.

Mukashema, Ingabire and Inyumba are three women with different roles in either public or private sector, but their work and responsibility is emulated by every other Rwandan woman, who has come to understand of the important role that women have to play. Of those women whose voices are not heard can rest assured that they are well represented.

The writer is a Kenyan journalist based in Kigali, Rwanda

The Kenya Government is undertaking a multi-billion shillings power project that will lead to a reduction in the cost

ofenergyby50%inthenextthreeyears,according to the Cabinet Secretary for the Ministry of East African Affairs, Commerce and Tourism, Mrs. Phyllis Kandie.

She stated that expansion of the Power Generation and Supply sector is part of a wider strategy by the Kenyan Government to reduce the cost of manufacturing products. “Extra generation of power into our National grid will considerably lower production expenses and as a result manufacturers will bring down their costs,” she explained.

The effect of reducing cost of power will have a direct positive impact on production of goods whose purchase and sale value will be drastically reduced.

“Weareworkingonabusinesspromotionprogram to exploit Kenya’s strategic location in this part of Africa as a key hub for trade transactions. To this effect we will improve our services geared towards encouraging investment,” said Mrs. Kandie.

Mrs. Kandie was speaking during a courtesy call of a delegation of businessmen from the Republic of Korea, led by Mr. Choung Byounggug, a Member of the NationalAssembly of Korea.

Mr. Byounggug termed his visit as aresponse to President Uhuru Kenyatta’s expressed interest in enhancing trade between Kenya and Republic of Korea duringhisinaugurationonApril9,2013. The delegation consisted of the Korean Ambassador to Kenya, the Managing Director of Korea Trade-Investment Promotion Agency (Kotra) the Chairman of SMEs in Korea and representatives from Samsung Insurance and the Korea food processing and jewelry industries. Good infrastructure and reducing the cost of power in Kenya will ensure that Kenya exploits her strategic geographic position as a gateway to the East African Community (EAC) and the Common market for East and Southern Africa (COMESA).

The Kenyan Government has invested considerably in infrastructure and is in the process of constructing a railway line from

Mombasa to Malaba at a cost of Sh22 billion.

Road construction in the country especially in the Port of Mombasa along the Northern corridor is being given priority.

“Wearealsospendingbillionsofshillingsto ensure that our road network is the best in the region,” stated Mrs. Kandie. The Cabinet secretary emphasized on the need for value addition to expand the Kenyan market and promote competitive investment.

Kenya mainly exports raw materials due to inadequate capacity. The products are then processed in other technologically advanced countries and the finished goods imported into Kenya at value added price.

“There is urgent need for Kenyan industries to upgrade to value addition in production. It is absurd that our factories do not have the requisite technical apparatus and the technical know-how to qualify for value addition,” said Mrs. Kandie.

To promote competitive investment the Cabinet Secretary emphasized the need

Kenyan Government to Create an Environment Conducive for Investment

By Hilda Okome and Richard Abura


for Kenya to allow investors to set up factories.

“The government will create an atmosphere allowing the private sector a free hand to venture into partnership with similar trade organizations in other countries without restraint,” Mrs. Kandie assured the Korean delegation.

Mrs. Kandie assured the Korean delegation of the Kenyan Government’s commitment to promote joint ventures between Korean and Kenyan businessmen so as to create a stronger partnership and cultural relationship between Republic of Korea and Kenya.

She assured the Korean delegation, that she will collaborate with KenInvest to ensure that the documentation procedure in Kenya is simplified so as to provide a favorable environment for investment.

“Kenya is a very attractive country for investment and if special economic zones were set up this countries economy would

grow enormously,” said Mr. Choung Byounggug.

HeappreciatedKenya’s trade relationshipwith the Republic of Korea which he predicted to increase further.

Mr. Choung Byounggug explained thathis delegation would collaborate with the Chamber of Commerce and the Kenya Association of Manufactures to encourage private sector partnership between the Kenya and Republic of Korea.

Reacting to the Cabinet Secretary’s request for value addition the representative of the Korea jewelry industry expressed his interest in setting up a jewelry making program in one of the Kenyan Institutions ofHigherlearning.

The aim of the program would be to ensure Kenyan craftsmen are conversant with the production of jewelry and enable them to compete at a global level.

Mr. Choung Byounggug conveyed his

country’s interest in investing in the Kenyan agro-processing industry.

“Kenyan farmers produce high quality agro-products due to Kenya’s high altitude and fertile soil. The challenge that they face is maintaining the fresh state of commodities for export. We encouragethe Kenyan Government to facilitate partnership between Kenyan and Korean businessmen in this sector.” Mr. Choung Byounggugrequested.

The introduction of a direct flight to Seoul will result in an increase in tourist arrivals from Republic of Korea. Many Koreans would wish to have Kenya as a tourist destination but have in the past been discouraged by the distance.

Over 10 million Koreans travel to other countries and with the introduction of the direct flight, the Tourism Department is hoping to expand this market.

Workers at a flower processing firm. The Government plans to boost power production and reduce the cost of energy for increased investments.


President Uhuru Kenyatta takes oath of office as Kenya’s 4th President during his swearing in ceremony at Moi International Sports Center, Kasarani.

Deputy President William Ruto being sworn in at Kasarani.

President Uhuru Kenyatta and his Deputy William Ruto, pose with some members of the cabinet and senior Government officials after a meeting in State House.

For details contact: State Department of East African Affairs: Tel:+254 (02) 2245741, Fax: +254 (02) 2229650. Web: www.meac.go.ke

Ministry of East African Affairs,Commerce and Tourism

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