Tag: GreatLakesNews

Senior experts from across the East African Community (EAC) partner states have recommended the would-be federal presidency of the region to rotate annually when time comes.

The experts, who have been tasked to devise a suitable political federation model structure and action plan for the region, say the rotational presidency should be applied during a transition period only.

They also propose formation of a presidential council for presidents to ventilate on the relationship of the would-be federal and constituent state.

Experience from the Union between Tanganyika and Zanzibar should be employed to avert pitfalls and address challenges currently facing the merger, they suggest.

“There is also need for taking stock of lessons from other types of both voluntary and forced federations elsewhere including those that have since collapsed,” they say.

The would-be federal constitution should clearly state that concurrent matters should not encroach on the autonomy of the constituent states on non-federal matters.

“All concurrent matters should not be included under either constituent or federal matters to avoid confusion in the interpretation of the roles, functions, and responsibilities,” they explain.

Sovereignty being a dicey issue, they observe, should be taken positively through championing pooling of sovereignty as opposed to ceding it.

The prominent experts from the region, who were assigned with the task at Gold Crest Hotel in Mwanza towards the end of last month, include the former EAC secretary-general, Ambassador Juma Mwapachu, and Kenya’s former Attorney General, Mr Amos Wako.

Also included in the list are Prof Sam Tulya-Muhika, Prof Palamangamba Kabudi, Ms Lydia Wanyoto, Dr Patrick Maluki, Mr Dan Ameyo and Dr Emanuel Ugirashebuja.

Dr Julius Rotich and Mr Wilbert Kaahwa are among senior experts from the EAC secretariat included in the team.

The experts are, among others, expected to present an action plan sequencing activities and period within which they will be undertaken, leaving the timeframes to the heads of state to decide.

Owing to the fact that states will have to lose powers under the proposed model, the experts see the need to consider success stories of federations, if any, where constituent states retained sovereignty and legal personality.

They call on partner states to be mindful of current realities and effects they would have on the proposed federation.

If the concept of sovereignty transforming from state to the people-based is not considered, the federation may collapse prematurely, they doubt.

The EAC heads of state had during their 10th Extraordinary Summit in April this year directed the secretariat through the Council of Ministers to develop the model structure and action plan.

The EAC secretariat already has prepared a Zero Draft Model of the Structure and Plan of Action guiding the experts.

According to Dr Rotich, the EAC deputy secretary general in charge of Political Federation, the draft model prescribes far-reaching ameliorative measures towards addressing fears of loss of sovereignty.

He urges fellow members of the experts team to also consider positive aspect of pooled sovereignty saying negotiations and decisions in the integration process were to a large extend political.

Political integration will complement and fortify gains accrued from the on-going economic amalgamation, he explains.

While borrowing from other models, the senior experts will have to ensure the EAC model is tailor-made for responding to identified fears, challenges and concerns.

The model will have to be simple enough for both ordinary East Africans and heads of state to articulate.

Attention during the negotiations of the federal constitution, the experts propose, should be on addressing fears within different competences of the federal and constituent states.

The rationale of the model structure, they agree, is the springboard for the entire instrument and should justify why the EAC had opted for a federation.

Historical background and key institutions and corporations, which existed during the defunct EAC, are strength upon which to build the revived integration process.

Attributing the disintegration of the first EAC to absence of strong supra-national institutions, the experts say these are critical to the establishment of the political federation.

A treaty establishing the federation should be negotiated to obtain transitional arrangements in line with the Vienna Conventions relating to assumption of obligations and responsibilities.

In regard to jurisdiction of the federal courts, the human rights issues should be unpacked and detailed in the negotiation of the federal constitution.

Issues relating to appeals, original or appellate jurisdiction of the federal courts will be detailed in the federal constitution and rules of the court.

With respect to conflict between the federation and a constituent state, jurisdiction should be left to the federal court.

Fighting has broken out in eastern Democratic Republic Congo between UN-backed government troops and M23 rebels, forcing people to flee.

IGIHE reporter at the scene says there is heavy gunfire and shelling north of the regional capital Goma.

Two Congolese were injured on their territory while a Rwandan national on the Rwandan territory was injured while in the garden ploughing.

The incidence happened in Bugeshi sector of Rubavu District.

Nearly 2500 people have been displaced since Morning when the fighting broke out.

In a telephone interview with the Executive Secretary of Bugeshi sector, Nsabimana Etienne confirmed that Congolese are fleeing to Rwanda.

However,”Rwandan territory is secured from the attack.”

The fight follows the US sanctions on Gen. Sultan Makenga of M23.
M23 has been fighting with FARDC since April, 2012.

In kenya, Three Members of Parliament from Turkana County on Thursday criticised the deployment of Kenya Army (KDF) in Suguta, Samburu County warning that it was illegal and likely to disrupt the planned voter registration expected to start next Monday.

They said President Kibaki’s decision to order military deployment following the killing of over 40 officers in the area was done without approval of the National Assembly as required by the Constitution.

The government’s decision came as a reaction to the killings of over 40 policemen who were on an operation to recover stolen animals from Turkana raiders.

“We believe the President was ill advised by his close security aides and they must step aside and be investigated,” said Wildlife Assistant Minister Josephat Nanok.

In Kenya following the recent brutal killing of Kenya Police officers in an ambush by cattle rustlers, two local officials in the area have been arrested and charged with murder.

A Maralal court has charged a councillor and four chiefs with 12 counts of robbery and murders of 12 police officers in Baragoi, Samburu County.

On Wednesday, the accused were charged with stealing G3 rifles from the law enforcement officers, each costing Sh70,000 before killing them.

The court denied them bail and were remanded till November 26.

Uganda has closed its south-western Bunagana border in Kisoro with Congo.

Authorities say the border post was benefitting the M23 rebels fighting President Joseph Kabila’s government.

UPDF’s Second Division commander Brig. Patrick Kankiriho announced the closure on Tuesday at a meeting with Kisoro security committee.

“Uganda was allowing people to cross to Congo without paying visa fees. But in Congo, the M23 group charges visa fees and taxes for movement of persons, vehicles and goods ferried across.

This means that M23 were earning revenue because of our open border. To remove suspicion, the Government has decided to close the border,” Doka said.

Independent sources said the development followed Kinshasa government’s request to Uganda to close the border post, which they said, was being used by the rebels to raise money through taxes.

Uganda will this week, assume the chair of the Common Market for Eastern and Southern Africa (COMESA), a development that trade experts believe will bring huge benefits to the country.

Despite being a COMESA member, Uganda will for the first time also enter the free trade area (FTA) regime of the regional trade bloc.

Joining the FTA means the tariff charges on the majority of imports and exports between Uganda and other COMESA states will drop to 2% from 10% compared to what is levied on goods from states like China except for sensitive goods.

President Yoweri Museveni is expected to chair the 19-member trade bloc for the next one year.

As the chair, the country will also have the opportunity to influence discussions and decisions especially on trade related matters.

Uganda’s Trade minister Amelia Kyambadde on Tuesday said one of the biggest opportunities from COMESA is the raising of the tax threshold to $2,000 for cross-border trade.

This means small traders and businesses operating in the bloc can carry goods worth up to $2,000 tax free across the borders.

COMESA secretariat has also set up business support centers for documentation for registered small traders.

Bujumbura will host a trade fair of products manufactured locally from member states of East African Community (EAC).

The trade exibition will commence December 2-9, a senior government official said here on Monday in a press briefing.

“The Burundian trade ministry is doing all the best to succeed the event because we believe that the trade fair will allow Burundian manufacturers to show their products and promote them,” said Patrice Rwimo, permanent secretary at the Burundian trade ministry.

“Burundians manufacture beautiful objects, but they have very few opportunities to advertize them,” she said.

According to her, this will be a “rare opportunity” for them to exhibit their achievements.

The other opportunity of the trade fair is that Burundian manufacturers “will learn from the experience of manufacturers” from the other East African Community (EAC) states in order to improve their way of working.The EAC bloc is made up of Burundi, Kenya, Rwanda, Tanzania and Uganda.

A new commuter train has been launched in Kenya’s capital, Nairobi – the first of its kind since independence in 1963.

The train will run between the city centre and the suburb of Syokimau, where Kenya has built its first railway station in more than 80 years.

The service is intended to ease traffic congestion in Nairobi, one of the fastest-growing African cities with a population of about three million.

President Mwai Kibaki was the first commuter on the new train.

He travelled back to Nairobi along with his officials, while ordinary passengers were banned for security reasons.

The first paying customers are expected to take the return trip to Syokimau.

Uganda’s Foreign Affairs Minister Okello Oryem has said his country feels “gutted” and “betrayed” by a UN panel of experts’ leaked report that claims Uganda was arming M23 rebels based in DRC.

“If the UN upholds the report and condemns Uganda, we shall withdraw troops from Somalia. If they don’t adopt the report and exonerate Uganda, we shall stay,” Oryem said on Sunday.

“On one hand they say we are thugs and on the other they say we are doing a good job. They cannot claim that the UPDF is a professional army, doing a fantastic job in Somalia and in the same breath say they are thugs promoting war in Congo by supporting M23 rebels.

You choose either of that because the UPDF in Somalia is the same UPDF in Uganda,” Oryem said.

The UPDF soldiers account for more than a third of the 17,600 UN-mandated African Union peacekeeping Mission (AMISOM) battling al-Qaeda-linked al-Shabaab militants in Somalia.

Kenya was elected on Monday to one of the coveted seats on the United Nations Human Rights Council.

There was no expressed opposition to Kenya in the 193-nation General Assembly, which decides the make-up of the 47-member council.

Kenya was one of five countries nominated to fill five open seats on the Geneva-based council that are reserved for African states.

Mr Macharia Kamau, the Kenyan ambassador to the United Nations, said the affirmation “sends a signal to the world that we are committed to the human rights movement.”

Kenya’s membership of the council is “in keeping with the momentum built domestically around the new Constitution,” Ambassador Kamau added, describing that document as “one of the most exemplary instruments of human rights on earth.”

Côte d’Ivoire, Ethiopia, Gabon and Sierra Leone were the other countries chosen for the Africa seats. The new members will serve three-year terms beginning in January.

Setting forth its credentials last month in a note to the president of the UN General Assembly, Kenya pointed to its role in mediating conflicts in East and Central Africa as well as its standing as a safe haven for refugees from many countries.

A total of 18 countries gained seats on the council on Monday, with a few of them, including Ethiopia, drawing criticisms from advocacy groups for their records on human rights.

Venezuela, Pakistan and Kazakhstan were also among the new members accused of broad failure to respect human rights.

The United States won re-election to the council in the only competition for a vacant seat.

Five countries had vied to fill three vacancies for the Western group, with Germany and Ireland joining the US as victors. Greece and Sweden lost in their bids for seats.