Posted in Press Release
East African Legislative Assembly; Dhaka, Bangladesh; 03 April 2017:
EALA Speaker, Rt Hon. Daniel Fred Kidega is calling on global Parliamentarians to pay more attention in ensuring promotion of economic stimulus programmes that address social challenges and support local value chains in a bid to narrow the widening poverty gaps and redress inequalities.
At the same time, Rt Hon. Kidega says Parliaments should appropriate more resources in the States’ budgets to check on rising inequalities and hold Executive accountable on the same.
The Speaker was addressing the 136th Inter-Parliamentary Union Assembly (IPU) taking place in Dhaka, Bangladesh. The annual event which is themed: Redressing inequalities: Delivering on dignity and well-being for all” brings together over 50 Speakers and 1400 legislators from the globe.
In his remarks, Rt Hon. Kidega maintained that despite the emergence of BRIC countries and other economies as well as attempts to generate wealth, much more was needed to reduce the inequality and to raise the standards of living.
He said the East African Community region had similarly been gravely affected by inequalities. “The State of East Africa Report 2016 depicts not all citizens have seen or felt the benefits of increasing national GDP figures at the individual/family front. If anything, life continues to be harsher and harder. The economic boom has not generated the jobs as was expected, while levels of poverty and malnutrition remain high”, the Speaker said, while remaining optimistic the trend could be reversed.
The Speaker cited issues contributing to inequality as disparity in income levels throughout the world, uncertain political environments, the gender norms and stereotypes and the imbalance of economic power.
In many countries, Rt Hon. Kidega said, fruits of economic development increasingly failed to reach those who deserve the same – instead benefitting companies, financial services and vested interests. He said the rate of unemployment in the globe was similarly high.
“Statistics in East Africa reveals that 7 out of the 10 persons you see walking in the streets are jobless, while another 6 out of 10 live in informal settlements. Yet, the largest population, the youth, constitute about 8 out of 10 persons and their age range is below 30 years”, Such is replicable in many parts of the globe”, he noted.
The Speaker called on Parliaments to enact relevant legislation to make greater impact. He informed the convention that EALA had legislated a number of pieces that protect society and address inequalities including; the EAC Persons with Disabilities Bill, 2016, the EAC Gender, Equity and Equality Bill, 2016, the EAC Conflict Management Bill, 2011 and the EAC Human and Peoples Rights Act, 2011.
“He further called for dialogue to resolve political issues saying politically instigated inequalities more often than not arise from disputed elections and uncertainties which result into conflicts and sometimes wars. The ramifications are sometimes too much to bear leading to refugee crises and instabilities in the nations”, Rt Hon. Kidega said.
Analysts contend that Poverty reduction is often compromised by income inequality. The International Monetary Fund (IMF) urges poor and resource rich nations to simultaneously explore reduction of inequality and bolster long-term economic growth. However, inequality correlates to shorter spells of economic expansion and volatility to crises.
The 136th IPU was opened by the Prime Minister of the Republic of Bangladesh, Hon. Sheikh Hasina at the Parliament of Bangladesh yesterday. The Prime minister thanked delegates for electing Bangladesh as the chair of both Inter Parliamentary Union (IPU) and Commonwealth Parliamentary Association (CPA). The Prime minister mentioned her government’s short, medium and long-term initiatives for the development of the country and said the government is making stride to build the country in a planned way.
“The 100 Million young people are prepared to make the world a better place. Let us not make them frustrated. They are the face of change and let us globalise human compassion”, he said.
The Emergency items include a call for urgent international action to save millions of people from famine and drought in parts of Africa and the Yemen jointly presented by the Republic of Kenya together with Belgium and the United Kingdom. Speaker of the Senate of Kenya, Rt Hon. Ekwe Ethuro, presented the merged proposal to the Assembly yesterday.
“We need to request for international organisations to come to the aid of the affected nations. Without global action, people will simply starve to death”, the Speaker remarked.The Speaker of the Parliament of Uganda, Rt Hon. Rebecca Kadaga and the Speaker of the Burundi National Assembly, Rt Hon. Pascal Nyabenda also addressed the Assembly
In attendance also are a delegation of the Parliament of Rwanda led by the Deputy Speaker and legislators from the Transitional Assembly of the Republic of South Sudan.
The Inter-Parliamentary Union (IPU) is the global organization of national Parliaments. It works to safeguard peace and drives positive democratic change through political dialogue and concrete action. To that end, IPU fosters contacts, co-ordination, and the exchange of experience among Parliaments and Parliamentarians of all countries. IPU also contributes to the defence and promotion of human rights - an essential factor of Parliamentary democracy and development. EALA is an Associate Member of the IPU.
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For more information, please contact:
Mr Owora Richard Othieno
Head, Corporate Communications and Public Affairs Department
EAC Secretariat
Arusha, Tanzania
Tel: +255 784 835021
Email: OOthieno [at] eachq.org
About the East African Legislative Assembly:
The East African Community (EAC) is a regional intergovernmental organisation of five Partner States, comprising Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania.
Posted in Press Release
East African Court of Justice; Arusha, Tanzania; 31 March 2017:
The First Instance Division today as it concluded its sessions, dismissed a case filed by Mr. Steven Deniss from The United Republic of Tanzania against the Attorneys General of the Republics of Burundi, Kenya, Rwanda, Uganda, United Republic of Tanzania and the Secretary General of the East African Community.
The case which was filed on July 10th 2015 in the First Instance Division complained that the provisions of Article 30(2) of the Treaty Establishing the East African Community, about the two (2) months limitation period for filing a matter before the regional court as specified under that Article 30(2) of the Treaty, that it is not only very restrictive but also unjust and discriminatory.
The Applicant further complained that the Provision does not provide ample time for obtaining legal assistance, conducting legal research, documentation of the evidence and securing witnesses expected of a reference before the East African Court of Justice hence has denied him just like other citizens of the Partner States access to justice which is contrary to the fundamental and operational principles of the Treaty as set out in Articles 6(d) and 7(1) (a). He also alleges that the process by which Article 30 (2) of the Treaty was introduced is illegal and that the 6th Respondent had failed in its duty to advice the Partner States to rectify it and equally the 1st to 5th Respondents have failed to cure the illegality in their responsibility to ensure that the objectives of the Treaty are achieved.
In its judgment, the Court said that it has the jurisdiction to determine the legality of Article 30 (2) of the Treaty. In its determination the court stated that it would not go far to declare Article 30 (2) a violation of Articles 6(d) 7 (1) (a) and 7 (2) of the Treaty. That instead that Article simply clarifies the procedural context within which substantive provisions of Articles 6(d) and 7 (2) should be applied. Court again explained that no evidence was adduced before Court as sufficiently establishes the contradictions it poses viz-a-viz Articles 28 and 29 or irrationality of the said considerations.
That it is a matter that, the Court propose, should receive attention to the relevant organs of the EAC, because a people centred and market driven co-operation as stipulated in the provisions of the Treaty as well as rule of Law, must be of necessity include the notion of equal access to justice by all parties. To court Article 30 (2) it seems that the time limitation in the said Article is intended to facilitate the expeditious realization of the Community’s objectives as detained in Article 5 (2) of the Treaty by forestalling open ended avenues for litigation that could derail the integration process. Further, that for the same reasons, the spirit and letter of the Treaty would be well served if such an expedient approach were equally applied to the Partner States and the Secretary General.
The Court also added that, on the issue whether the Secretary General (6th Respondent) has failed in his responsibility to ensure the achievement of the objectives of the Treaty, especially under Article 71 of the Treaty on the functions of the Secretariat on its duty to conduct investigations, collect information or verify of matters that affect EAC. The Court said that, the generalized invocation of Article 71 of the Treaty and imputation of failure by the Secretary General in his mandate is a misguided approach to litigation.
In conclusion, the Court said that regarding the alternative prayers for orders to affect an amendment to Article 30(2) of the Treaty for the 2- months limitation period be increased to 6-months, or to clothe this Court with the discretion to enlarge the said limitation period, on this issues the Court held that it has no jurisdiction to make orders, the effect of which would be to amend the Treaty. The Court therefore dismissed the Reference and ordered each party to bear its own costs.
The Court today ended its sessions which resumed in February and will sit again in May-June 2017.
The Judges delivered the judgement were Honorable Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Justice Dr. Faustin Ntezilyayo all of the First Instance Division.
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Notes to Editor:
The Reference rose from the allegations that the Applicant was shot, his property lost and he was then forcefully expelled to Rwanda from the Kagera Region of Tanzania by the agents of the Government of Tanzania but was unable to challenge those actions because of the limitation imposed on him by Article 30(2) of the Treaty.
Article 30 (2) provides that: The proceedings provided for in this Article shall be instituted within two months of the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be;
For more information, please contact:
Yufnalis Okubo
Registrar
East African Court of Justice
Arusha, Tanzania
Tel: +255 27 2162149
mail: Okubo [at] eachq.org
www.eacj.org
About the East African Court of Justice:
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States.
