The First Instance Division overruled the objections of the Secretary-General blocking Hon. Zziwa from giving evidence in Court without seeking leave of the Assembly. This is her case versus the Secretary-General alleging that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community. The Court went further and re-scheduled the matter for hearing on 18th and 19th November 2015.
In its ruling, the Court said that it found that it has not been satisfactorily established before the Court that the evidence the Applicant intends to adduce before the Court does not fall in the ambit (realm) of Section 20 of the EALA Powers and Privileges Act 2003. That it would be premature at this stage to forestall her (Applicant) evidence on the pretext (alleged reason) that it does not comply with the provision of the said Section and again, the Court held that it would also be premature to adjudge the Applicant’s evidence and prevent her from testifying in her matter.
The Court reiterated its earlier position that the Act is a valid Community Law and must be complied with by all the witnesses that seek to adduce evidence in Court, however that the only exception in this regard for present purposes would be the Clerk to the Assembly who was summoned as a witness in this matter pursuant to the Court order that must be obeyed.
Further, that it is non-negotiable tenet (principle) of the Rule of Law that all Court’s orders must be respected and obeyed. In that result, the Court was satisfied that the documentation produced by the Clerk to the Assembly is properly on record pursuant to Court order and the Clerk is under legal obligation to appear as a witness in this matter pursuant to the said order without need for special leave of the Assembly. The Court also added that in any event should he in his own volition / option deem it necessary to seek leave of the Assembly, the onus / duty will be upon him having been duly served with the witness summons to secure the said leave.
This matter previously was scheduled for hearing of oral evidence on 8th and 9th September 2015, however the Respondent (Secretary-General) represented by Mr Stephen Agaba raised the preliminary objection on a preliminary point of law premised on Sec 20 of the EALA Powers and Privileges Act 2003. The main issue was that the witnesses were all Members and Officers of EALA but had not secured the leave from the Assembly to adduce evidence in the Court.
The subject of the main case is that the Applicant (Zziwa) alleges that in contravention of Articles 53 and 56 of the Treaty, Rule 9 and Annex 3 of the Rules of Procedure of EALA and Rule of law, on 26th November 2014, some members of EALA convened in the Assembly chambers, summoned the Clerk of the Assembly to “preside over the Assembly”, re-instated a motion / process of removal of the Speaker, referred the motion to the Committee on Legal, Rules and Privileges for investigations, “suspended” the Speaker / Applicant from exercising the functions of the Office of Speaker and appointed one of them to preside over the proceedings. That the Committee’s action of conducting investigations on a non-existing motion was an illegality. That the Committee as constituted for the purposes of investigations was improper and breached the rules of natural justice, specifically the rule against bias.
The Court had directed the Clerk of the East African Legislative Assembly to appear in Court as one of the witnesses who was required to give evidence but he did not appear in Court.
In February 2015, the Court allowed Hon. Margaret Nantongo Zziwa to withdraw her Application seeking to stop her impeachment from the Office of the Speaker because the prayers sought had been overtaken by events and the Assembly had elected a new Speaker.
The ruling of the Court was delivered by a bench of three Hon. Judges of the First Instance Division composed of Honourable Lady Justice Monica Mugenyi (Principal Judge), Justice Fakihi A. Jundu and Justice Audace Ngiye in open Court.
The East African Community (EAC) Secretary-General, Amb. Dr Richard Sezibera graced the 11th graduation ceremony at Mount Meru University as chief guest over the weekend.
While addressing the gathering, the Secretary-General appreciated the efforts by the institution towards achieving academic excellence, adding that it a shining example of integration at work. “I cannot overemphasise the fundamental role that education plays in uniting people”, said Amb. Sezibera.
“Today, you are all graduates of one university, and you share the common concepts of your institution - knowledge, wisdom, excellence, God fearing, skilled, proactive, visionary, hardworking and transforming servant leaders. It is these same concepts that have created a clear bond between universities and regional integration”, he said.
The EAC, through the Inter-University Council for East Africa, is playing a key role in the harmonisation of the education systems in the region. This will not only ensure that the established systems conform to the international practices, procedures and guidelines, but will also lead to international credibility and competitiveness.
A total of 783 students from Mount Meru University’s main campus in Arusha received their diploma, bachelor’s and master’s degree certificates in Theology, Education and Business.
The East African Community Partner States of the Republics of Burundi, Kenya, Rwanda, Uganda and The United Republic of Tanzania have gone another step ahead in regional integration by organising joint event at the World Travel Market in London.
This year the event focused on quality, improved services and standards, tourism opportunities, safety and security and lowered investment thresholds in the region in promoting it as a single tourist destination.
Speaking at the EAC joint event, Hon. Dr Maria Mutagamba, Minister for Tourism, Wildlife and Antiquities, Uganda, stated that the EAC Partner States have fully embarked on the operationalisation of a Common Market Protocol. With a combined population above 135 million as well as a collective estimated GDP of 85.00 billion U.S. dollars, the Common Market will have a positive economic impact for the entire EAC Region.
Since it was adopted in 2009, the Common Market Protocol has enabled the gradual free movement of people, capital, goods and services especially in the hospitality and travel industry sector where the removal of Non-Tariff Barriers has shown to be one of the stimulus factors.
Dr Mutagamba said tourism plays a key role in fostering regional economic growth and improving regional tourist products, such as the standardisation of accommodation and other hospitality services, whereby showing quality is more important than quantity and will go a long way in reassuring our UK market of their continued support and increased visits to the region.
She further stated that sustainable and optimal utilisation of the resources as a region requires striking the balance between developing creative “products” that will continuously attract visitors to the region and sustaining the natural resources the region have been blessed with.
Hon. Minister reiterated that promoting the EAC as a Single Tourism Destination is the only way to optimise the region’s potential. The single tourist visa is now operational in three countries i.e. Kenya, Uganda and Rwanda and sales of multiple, cross-border destination packages have increased significantly in recent years due to strengthened cross-border tour operators co-operation, added Dr Maria.
The East African Community region has numerous unique and awesome attractions. The coastal zones of Mombasa and Zanzibar’s wonderful beaches and smiling faces of the coastal people will mesmerise you. The Heart of Africa in the land of a thousand hills you will meet our closest ape relative (Mountain gorilla) residing at the national park bordering Rwanda and the Pearl of Africa, Uganda, you will see more of them at Bwindi National Park. East Africa has even more to offer such as the world second largest migration at Serengeti - Maasai Mara; the source of the famous Nile river without forgetting Mt. Kilimanjaro the roof of Africa, stated the Minister.
She informed the participants who attended the event that safety and security is key to fostering tourism development in the region. Due to the increasing security threats from neighbours, joint efforts have helped minimise the consequences and ensured a durable solution. In this regard, the Ministers responsible for tourism have been fully addressing the negative image portrayed and subsequent, negative travel advisories issued.
Hon. Minister also called for the EAC’s increased foreign investment in the tourism sector. Though investment in this sector has recently registered significant increase, more is welcomed as East African countries are making strides in providing more enabling environment for foreign investors.
She disclosed several incentives granted in the region including a tax-free environment for a fixed period, quick registration services for the new companies and professional on-site guidance and friendly financing mechanisms.
Dr Mutagamba urged all the tourists to always plan their visits to the region using credible information. One such tool is the regional travel magazine “Travellers Around and About East Africa” which will continue to provide important and useful information in different forms about the region to visitors moving around the East Africa Community. The magazine will also provide pertinent and strategic information on the various lucrative investment opportunities in the region ranging from improving tourism facilities, standardising accommodation establishments and many more.
The event was graced by UK Buyers, Partner States Tour Operators, High Commissioners from the EAC Countries in the UK, Directors of Tourism and Wildlife Management. Vibrant songs and dances from various regions of the Community entertained guests.
The First Instance Division dismissed a case filed by a Ugandan national, Oscar Okaly Opuli, against the Secretary-General of the East African Community (1st Respondent) and the Republic of Uganda (2nd Respondent) alleging that the Government of Uganda’s failure to investigate David Greenhugh and business related to Trafficking of Military Goods from Ukraine to Sudan through Uganda, a conduct which is contrary to the United Kingdom’s Export Control Order Act 2008 and the East African Community Laws is an infringement of the Treaty. The Applicant also alleges that the Secretary-General’s inaction constitutes an infringement of the Treaty for the Establishment of the EAC.
In February 2015, the Court directed the Applicant to file evidence of a witness by way of affidavit and his submissions with the Court by 8th May 2015. To date, none of the orders have been complied with and the Court has gone ahead and dismissed the matter.
The Court in its ruling stated that, they agree with the Counsel for the Respondents that no sufficient reasons had been advanced by the Counsel for the Applicant for his failure to take steps ordered by the Court on 23rd Feb 2015 after the Scheduling Conference.
The Principal Judge Hon. Lady Justice Monica Mugenyi further said that in absence of sufficient reasons such failure amounts to abuse of Court process. The Court therefore exercised its discretion under Rule 1(2) and 66(3) of the Court’s Rules of procedure and dismissed the case.
Before the Court ruled, the Lawyer for the Applicant submitted that the Applicant lost contact with the witness leading to the delay in filing of the Submission as the Court had ordered in February 2015 and was requesting the Court for more time of 30 days to file the same.
Mr Stephen Agaba representing the Secretary-General also submitted opposing the prayer for the Applicant and said that Applicant has consistently shown lack of interest in the matter since the time the Court directed him to file his submission up to today.
That this was evidenced by his failure to communicate to Court what the challenge was. He further said that if he had failed to submit the requirements in eight months then he might not do the same in the one month being requested for. Mr Agaba asked Court to strike out the case because the Applicants have failed to fulfil their obligations and that is the abuse of the Court’s process.
The 2nd Respondent (Attorney General of Uganda) represented by Ms Margaret Nabakooza also associated herself with the submissions of Counsel for the Secretary-General and asked Court to dismiss the case.
The matters came before a bench of the Judges of the First Instance Division composed of Honourable Lady Justice Monica Mugenyi (Principal Judge), Justice Dr Faustin Ntezilyayo, and Justice Fakihi A. Jundu.
The First Instance Division on 3 November 2015 heard a matter against the Secretary-General of the East African Community for the alleged failure to take action in implementation of the EAC Council of Ministers’ directive to the two Partner States - United Republic of Tanzania and the Republic of Rwanda - to resolve the issue of the Rwandan citizens who were expelled from Tanzania in Kagera region in 2013.
The Applicant (East African Law Society) represented by Prof. Fredrick Sempebwa submitted that the Secretary-General’s failure to comply with the Council’s decision was a breach of the Treaty for the Establishment of the East African Community. He further added that since the directive of the Council, the Secretary-General has done nothing to implement the decision which is a fundamental issue of the Treaty particularly Article 71 which provides the functions of the Secretariat.
Prof. Sempebwa again contended that the citizens who were expelled from Tanzania are citizens of a Partner State of the East African Community and therefore, infringes the Treaty because they are entitled to the right of residence and the right of establishment as well as other rights within the Treaty and the Common Market Protocol of the Community. He again said that it was the duty of the Secretary-General to carry out investigations and find out the truth of breach of the Treaty. He also sought remedies if the Court rules in favour of the Applicant.
Dr Anthony Kafumbe, Counsel to the Community, representing the Respondent submitted that, the matter is time barred because it occurred in August 2013, up to the time the case was filed to Court on 8th September 2015 which was beyond the two months time limit to file the case and it should have been filed within the provisions of Article 30(2) of the Treaty. He further stated that if the Secretary-General had failed to take action as alleged still the matter could have been filed to court within the time limit.
He also urged that the decision being contested about is a decision directed to the Partner States, that is the United Republic of Tanzania and the Republic of Rwanda but not directed to the Secretary-General. He again added that in Article 16 of the Treaty, Partner States have an obligation to implement directives of the Council, that so it does not require the Secretary-General once the directive is issued.
Dr Kafumbe said that the Secretary-General had convened meetings in September 2013 and January 2015 for the two Partner States but he is not updated on the progress between the two Partner States. He also emphasised that the matter is still before the Council of Ministers expecting to be deliberated on in the Council of Ministers meeting expected to sit late November 2015.
He therefore said that the Secretary-General as a correspondence has played his role as he was supposed to and he is not the right party to be brought before the Court while there is provision of Article 16, which gives mandate to the Partner States to implement the directives of the Council.
The matter came before a bench of the Judges of the First Instance Division composed of Honourable Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Justice Dr Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye in open Court.
In order to enhance the level of preparedness of both the Republic of Kenya and the United Republic of Tanzania in response to the possible emerging and re-emerging epidemic and pandemic threats of the Ebola Virus Disease and other communicable diseases, the East African Community Secretariat convened a regional (One Health approach) Table Top and Field Simulation Exercise at the Namanga border which concluded on Friday, 23rd October 2015.
The three-day workshop, which ran from 21st-23rd October 2015, brought together representatives from the EAC Partner States, National Ministries responsible for human health and animal health, the Ministry of EAC Affairs and representatives from border security agencies, immigration and customs officers. Representatives from the East Central and Southern Africa Health Community, Emergency Centre for Transboundary Animal Diseases of the United Nations Food and Agricultural Organisation (EACTAD-UNFAO), U.S. Agency for International Development and the EAC Secretariat were also present.
“There is high possibility for infectious diseases to spread out to many countries across the world if they are not properly controlled”, said Mr. Timothy Wesonga, EAC Senior Livestock and Fisheries Officer. “If an outbreak does happen in any of the East African Partner States, then it can also affect the rest of region and indeed the world. We have seen this in the case of the Ebola outbreak in West Africa which had reached as far as America, Spain, and to other parts of the world”, he said.
The participants also visited the Longido District headquarters, Longido District Hospital and Kajiado County Hospital. The main objective of the field visits was to conduct a situational analysis and to sensitise local authorities in both Longido District in Tanzania and Kajiado County in Kenya on the planned simulation exercises.
The 9th Ordinary Meeting of the EAC Sectoral Council of Ministers of Health which was held in Zanzibar, Tanzania from 14th to 17th April 2014 approved the institutionalisation of the One Health approach in order to prevent and control zoonotic diseases and other events of Public Health concern. All Partner States of the EAC are a hotspot where those drivers are found. Rift Valley Fever, Yellow Fever, Anthrax, Ebola and Marbug outbreaks are a few examples of re-emerging infectious diseases, which have struck a few Partner States of the EAC in the last decade causing public health threats and seriously damaging the economy.
Two field simulation exercises have already been conducted at the Kenya-Uganda border at Busia and the Tanzania-Burundi-Rwanda at Kagera river basin ecosystem (Muyinga) in April 2010 and August 2012 respectively.
The curtains have closed on the 133rd Inter-Parliamentary Union General Assembly and related Meetings in Geneva, Switzerland.
Adopting a resolution on democracy in the digital era at the 133rd Assembly of the Inter-Parliamentary Union (IPU), the MPs have set new standards on protecting democracy and digital freedoms in an age of mass surveillance.
The resolution urges Parliaments to review national laws to prohibit the interception, collection, analysis and storage of personal data without informed consent of concerned individuals or valid court order.
Legislators further reiterated the need for fairer and more humane migration. The resolution outlined a set of measures that MPs could take to protect migrants and maximise the full potential of the world’s oldest human phenomenon.
They further committed to working towards the ratification of various international conventions that protect migrants’ and refugee rights. The President of the IPU, Hon. Saber Chowdhury said that IPU had embraced an open door policy and was keen to continue collaboration with the national assemblies, regional and international bodies.
EALA was represented by the Speaker, Rt Hon. Daniel F. Kidega and Hon. Straton Ndikuryayo. In his remarks, Rt Hon. Kidega underscored the importance of focus on part of legislators towards ensuring countries undertake more humane migration.
He said the refugees’ problem would probably be a thing of the past in the EAC region once it attains the Political Federation. He however lamented that the refugees’ problem had continued to affect the region owing to instabilities in Somalia, South Sudan and Democratic Republic of Congo, and that it was larger than anticipated a few years ago.
The matter, he remarked, was more complicated given the entry of the Common Market Protocol which anticipates free movement of the citizens. The General Assembly was attended by over 90 Speakers and 600 Members of Parliament from 130 Parliaments globally.
Parliament of Uganda was represented by a delegation led by Speaker, Rt Hon. Rebecca Kadaga while the President of the Senate of Burundi, Rt Hon. Révérien Ndikuriyo led his team. Rt Hon. Ekwee Ethuro and a number of legislators from both Houses represented Kenya while the Deputy Speaker of Rwanda Senate, Hon. Jeanne D’Arc Gakuba led the team from Parliament of Rwanda.
Parliament of Tanzania which was dissolved at the end of the term in July 2015 sent a Senior Parliamentary staff, Owen Mwandumbya. 133rd Assembly approved the re-admission of Fiji into the IPU in a move welcomed by the Organisation as a significant step forward in ongoing efforts to cement democracy in the country and in IPU’s engagement with parliaments from Pacific Ocean Island nations.
The re-admission at Fiji increases the Organisation’s membership to 167 national parliaments. Fiji had first joined IPU in 1997 but was expelled from the IPU following a military coup in 2007.
The 133rd Assembly further convened several IPU bodies including the Meeting of Women Parliamentarians, IPU’s Forum of Young Parliamentarians, the Committee on Middle East Questions as well as the Committee on the Human Rights of Parliamentarians.
The next (134th) IPU General Assembly shall be held in Lusaka, Zambia in March 2016.
EALA Speaker Rt Hon. Daniel F. Kidega is calling on legislators in Burundi to go the extra mile to help cement calmness in the East African country.
Rt Hon. Kidega said peace in Burundi was vital to enable the nation to realise any meaningful progress. The EALA Speaker made the call when he held talks with the President of the Senate of Burundi, Rt Hon. Révérien Ndikuriyo on the sidelines of the 133rd Inter-Parliamentary Union Assembly in Geneva, Switzerland.
“As representatives of the people, you have a role to play in ensuring stability of the nation is maintained”, Rt Hon. Kidega told the Speaker of the Senate. “As Parliamentarians, you are not just the representatives of the people, but you are their voice also and are capable of instilling confidence in the populace”, he added.
The Speaker added that EALA would continue to stand firm with Burundi and that its position on the situation in the country was firmly aligned with that of the Summit for the EAC Heads of State.
The EALA Speaker informed the Speaker of Senate that the regional Assembly had in May-June this year, undertaken a goodwill mission to assess the situation of the refugees from Burundi in Kigoma, United Republic of Tanzania and in the Eastern Province of the Republic of Rwanda. The report he noted, was further debated and adopted at its recent sitting in Nairobi, Kenya (2nd meeting of the 4th Session of the 3rd Assembly).
Present at the occasion was the Deputy Speaker of the Senate of Burundi, senior diplomatic officials of the Permanent Mission of the Republic of Burundi to the UN Office and other international organisations in Geneva led by the Ambassador Extraordinary and Plenipotentiary, H.E. Pierre Claver Ndayiragije and the EALA Senior Public Relations Officer, Bobi Odiko.
The President of the Senate, Rt Hon. Révérien Ndikuriyo, lauded EALA for the support so far shown to the Republic of Burundi. He maintained that all stakeholders were committed to finding a lasting solution to take the country forward.
“The Head of State has called for national dialogue”, he remarked and “this shall help realise national consensus”, he added.
Rt Hon. Ndikuriyo maintained though that Burundi was largely peaceful. “Ideally, I have been to eleven of the seventeen Provinces in the country so far. I want to report that in a number of places visited, the situation is calm”, the Senate Speaker added.
“The authorities continue to do all that is possible to restore calm in some of the areas that may still be tense if any”, he added. He stated the leadership of Parliament of Burundi was keen to meet with their counterparts from the Parliament of Rwanda as well to help inspire confidence between citizens of both nations.
On his part, the Deputy Speaker of Senate, hailed the Summit of EAC Heads of State for their mediation efforts. “I congratulate H.E. Yoweri Museveni who is heading the peace efforts on behalf of the EAC”, he said.
The 133rd Inter-Parliamentary Union (IPU) General Assembly and related Meetings commenced in Geneva, Switzerland with sustained calls for fairer and more humane migration.
The General Assembly brings together over 50 Speakers and 600 Members of Parliament from 130 Parliaments globally over the next 5 days in discussing key thematic areas on migration. The theme this year is “the moral and economic imperative for fairer, smarter and more human migration”.
Addressing the Assembly, EALA Speaker, Rt Hon. Daniel Fred Kidega said that migration was a predominant and persistent characteristic of humanity, and that it occupied a central place in human history and current affairs.
The Speaker pushed for the uptake of the Political Federation in the East African region saying such move would demystify the refugees’ problem. “At worst, under the Political Federation, we can only be talking about internally displaced persons and not refugees”, he remarked.
He therefore urged Parliamentarians and Parliaments to concert individual and collective efforts in ensuring countries undertake more humane and smarter migration. “As Parliamentarians, we need to focus on the migration challenge by probing the root causes of international migration, particularly global processes that are unprecedented in their power to encourage the crossing of borders”, he said.
The Speaker noted that insecurities in the neighbouring countries of the EAC similarly resulted in the migration inflows and the refugees’ problem arising from instability in Somalia, South Sudan, Democratic Republic of Congo and Burundi was larger than anticipated a few years ago.
The matter, he remarked, was more complicated given the entry of the Common Market Protocol which anticipates free movement of the citizens.
The Speaker said the EAC was working towards attaining a sustainable and stable region that boosts and respects the UN agenda, particularly on matters of peace, development, challenge of migration and human rights.
“The Parliaments must take their role of legislation, representation and oversight in the areas”, Rt Hon. Kidega remarked. Rt Hon. Kidega also urged Parliaments / Assemblies to enact effective law against traffickers and smugglers.
The Speaker is leading a delegation of EALA consisting of Hon. Straton Ndikuryayo and two EALA staff. The top leadership of the Parliaments of Uganda, Rwanda, Kenya and Burundi are in attendance while Parliament of Tanzania is represented by senior staff.
The issue of humane migration is taking central stand following the recent Syrian crisis among others. According to the IPU, although the more than 230 million migrants, refugees and asylum seekers in the world today represent a small percentage of the global population, rising xenophobia combined with the ongoing impact of the global economic crisis continue to warp any reasoned debate and policy response on the migration phenomenon.
The President of IPU, Hon. Saber Chowdhury said it was necessary for IPU to consider better migration in order to impact on people’s lives. “This is a critical agenda that we must engage in”, Hon. Chowdhury said. He noted that IPU and the UN were working closely together and that more collaboration was expected in the coming year.
The Director of ILO said that migration was a major trend given that 1 in every 7 persons globally are migrating. He cited degradation of environment, demand for labour and instabilities as some of the reasons for migration. He maintained that Parliaments can also pass legislation on diaspora and ensure policies on the same are effected.
The 133rd Assembly has also considered and approved the re-admission of Fiji into the IPU in a move welcomed by the Organisation as a significant step forward in ongoing efforts to cement democracy in the country and in IPU’s engagement with parliaments from Pacific Ocean Island nations.
The re-admission of Fiji today increases the Organisation’s membership to 167 national parliaments. Fiji had first joined IPU in 1997. However, a military coup in 2006, the fourth since 1970, had led to the dissolution of parliament and Fiji’s formal expulsion from the Organisation in 2007.
The 133rd Assembly will also convene several IPU bodies including the Meeting of Women Parliamentarians, IPU’s Forum of Young Parliamentarians, the Committee on Middle East Questions as well as the Committee on the Human Rights of Parliamentarians. Cases involving the violations of the human rights of nearly 120 MPs from 21 countries will be examined by the IPU Committee, which will also hold up to 12 hearings with parliamentary authorities, victims and others who could assist in investigations.
The curtains closed on the 2nd Meeting of the 4th Session late last week, with the Assembly adjourning debate on a Bill and a motion respectively.
EALA adjourned debate on the Forest Management and Protection Bill, 2015. The adjournment at Committee stage followed the successful Motion for the same tabled by the Chair of EAC Council of Ministers, Hon. Dr Harrison Mwakyembe, seeking for more time to enable the United Republic of Tanzania to make input.
Hon. Dr Mwakyembe informed the House that the United Republic of Tanzania would go to the polls in the next few days and said it was necessary that the debate be put on hold until such time the incoming Government is in place to effectively enable the Partner State to make input.
Though majority of Members rose up to support the Motion for adjournment, they however noted that the practice should not be encouraged. “We committed to the EAC as Partner States and not based on tenure of sitting Governments, it is important that the records of the House state so”, Hon. Martin Ngoga said.
Hon. Judy Pareno told the Assembly to check the emerging trend of the Council of Ministers taking over Bills and then stalling them over periods of time, citing the EAC Disaster Risk Reduction and Management and the EAC Cross-Border Legal Practice Bill as examples.
“The Executive should not be seen to be torpedoing the function of the Assembly”, she noted.
Hon. Dora Byamukama also lamented that the Assembly should not stall when there are elections in Partner States saying it would set a bad precedence. Hon. Adam Kimbisa and Hon. Mukasa Mbidde also voiced support for the Bill, whose mover is Hon. Christophe Bazivamo.
The Speaker, Rt Hon. Daniel F. Kidega ruled that the debate on the key Bill be brought back on the Order Paper when the Assembly resumes in Kigali, Rwanda in November.
The EAC Forestry and Management Protection Bill, 2015 hopes to promote the development, protection, conservation, sustainable management and use of the forests in the Community, especially trans-boundary forests ecosystems, in the interest of present and future generations.
It further wants to espouse the scientific, cultural and socio-economic values of forests and harmonise national forest laws. Also put on hold was debate on Motion for a Resolution to ratify and deposit the required instruments of the amended Protocol to the Constitutive Act of the African Union. The import of the Resolution whose mover is Hon. Mike Sebalu is to enable Pan-African Parliament to achieve the important pillar of legislation.
Hon. Dr Odette Nyiramilimo moved the motion to adjourn debate to enable Members acquaint themselves with the said Protocol. Earlier on, the Chair of the EAC Council of Ministers responded to a number of questions posed by Hon. Dora Byamukama and Hon. Shyrose Bhanji.
On Tuesday, the Assembly passed a Report of the Goodwill mission by the Regional Affairs and Conflict Resolution Committee to visit Burundi Refugees in Kigoma, Tanzania and in the Eastern Province of Rwanda. The Members stressed the need to tackle the root causes of the refugee situation in the region rather than addressing the symptoms.
The Regional Affairs and Conflict Resolution Committee led by the Chairperson, Hon. Abdullah Mwinyi was dispatched to Kigoma and Eastern Province of Rwanda in late May and early June 2015 to appraise itself with the humanitarian situation on the ground and to assess the amenities available.
During debate, Hon. Twaha Issa Taslima noted that the situation in the refugee camps visited were disturbing. He noted that the Nyarugusu camp in Tanzania was already congested with other refugees from the Democratic Republic of Congo (DRC) also taking refuge there.
Hon. Chris Opoka-Okumu urged the host countries to put in place mechanisms under which refugees who have stayed long can be absorbed into such states through naturalisation.
Hon. Mukasa Mbidde informed the House that refugees interviewed at the camps maintained they fled - fearing threats due to what they described as organised violence and arbitrary arrests by militia and other armed groups.
Hon. Christophe Bazivamo told the House that experience in the region has shown that refugee crisis are closely associated with the elections due to violence before, during and after the polls.
He pleaded for the EAC States to adhere to the principles of good governance, democracy, human rights and rule of law to minimise the crisis. Hon. Shyrose Bhanji called on all players in the Burundi politics to preach peace and avoid further violence, adding that the EALA mission had established that peace dialogue was the best way to end the political crisis there.
Presenting the report, the Chair of Goodwill Mission, Hon. Mwinyi said over 100,000 Burundians have fled their country since April this year to Tanzania, Rwanda, DRC and Uganda following violence precipitated by disagreement over the interpretation of the Arusha Accord and the Burundi Constitution on the issue of presidential term.
The next Sitting takes place in Kigali, Rwanda in November 2015.
