The East African Legislative Assembly on Thursday, February 17, adopted a House Committee report which, among others, recommends that the council of ministers fast tracks the process to harmonise the headquarters agreement for institutions and organs of the EAC.

Lawmakers want this done so as to remove disparities in institutions and persons in the service of the bloc, as highlighted in an oversight report by the Assembly’s Committee on Legal, Rules and Privileges and Immunities.

The Headquarters Agreement which is signed between the EAC Secretary General and a country hosting an institution or organ of the Community, lawmakers also found, has divergent content in each partner state.

The Council of Ministers is the central decision-making and governing organ of the EAC. Its membership constitutes ministers from partner states whose dockets are responsible for EAC Affairs.

The only EAC institution hosted by Rwanda and stands to benefit from the lawmakers’ advocacy is the East African Science and Technology Commission (EASTECO).

It is mandated to coordinate and promote the development, management and application of science and technology to support regional integration and socio-economic development.

Presenting his Committee’s report, MP Kennedy Ayason Mukulia (South Sudan) noted that according to the Headquarters Agreement, Rwandan nationals working for EASTECO are locked out of some privileges enjoyed by other employees.

He said: "Rwandan nationals are not entitled to the same repatriation of facilities in time of crisis as staff of diplomatic missions together with their spouses and members of their families.”

Mukulia also noted that Rwandan nationals do not have the right to import or purchase household and personal effects including one car free of duty, VAT and withholding tax within 90 days of their employment with EASTECO.

Mukulia noted that "it is necessary to amend the Headquarters Agreement to remove the restrictions on Rwandan nationals” that are contained in Article VIII.4 to facilitate Rwandan nationals employed by EASTECO to enjoy similar privileges and immunities accorded to their colleagues from other EAC Partner States employed by the Commission.

Speaking to The New Times in Arusha, the Acting EASTECO Executive Secretary, Fortunate Muyambi, said the lawmakers are making the right move.

Out of all the seven professional staffers of EASTECO, three are Rwandans. The Commission also has two short-term Rwandan members of staff.

Muyambi said: "There are some privileges being denied by the government and following the headquarters agreement which needs to be revised to cater for the same for Rwandan nationals at EASTECO, the proposed amendment is a good move.”

Big challenge in all organs, institutions of EAC

The EAC Secretariat, the Assembly, the East African Court of Justice (EACJ), the EAC Competition Authority (EACCA) and the East African Community Kiswahili Commission (EAKC) are based in Tanzania.

Uganda hosts the Inter-University Council of East Africa (IUCEA), the East African Development Bank (EADB), the Lake Victoria Fisheries Organisation (LVFO) and the Civil Aviation Safety and Security Oversight Agency (CASSOA). The Lake Victoria Basin Commission (LVBC) is in Kenya while the East African Community Health Research Commission (EAHRC) is in Burundi. 

Currently, South Sudan hosts no organ or institution of the EAC.

During debate on the Committee’s report, MP Pamela Simon Maasay (Tanzania) noted that since there was actually "a big challenge affecting almost all EAC organs and institutions,” it is better the bloc fast tracks the harmonization of pertinent policies, laws and protocols "so that all organs and institutions enjoy their immunities and privileges.”

MP Victor Burikukiye (Burundi) noted that the ambiguity of the bloc’s laws, protocols and regulations is dangerous as it has enabled "double standards” when it comes to the treatment of EAC personnel in partner states.

House Speaker, Martin Ngoga (Rwanda) tasked the bloc’s legal mind, or Council to the Community, Anthony Kafumbe, to explain why a harmonised EAC Headquarters Agreement was not in place while MP Alhaj Adam Kimbisa (Tanzania) worried that "these sticking problems have been there for some time" and he does not envisage solutions being found soon.

All partner states have now ratified the EAC Protocol on Privileges and Immunities. Burundi became the last country to ratify it earlier this month. The protocol’s objective is to standardise the status, privileges and immunities to be accorded by partner states to the assets of the bloc wherever they are situated in partner states and to the persons in the service of the EAC.

 Kafumbe told the Assembly that "with the coming into force of the Protocol, it is important to revisit the headquarters agreement and renegotiate” issues.

MP Jean Claude Barimuyabo (Rwanda) observed that the bloc’s 2004 law on privileges and immunities could save the situation.

He said: "If this law can be fully implemented it could resolve all these issues. But it’s not implemented.”

Ngoga stressed that the law of the EAC "is superior” to laws of partner states, whenever there is a conflict in the latter.

The acting Chairperson of the Council of Ministers, Burundi's Minister for East African Community Affairs, Ezechiel Nibigira, acknowledged that there are gaps and discrepancies in the way immunities and privileges are handled in the region.

Nibigira said there is a need to harmonise things and "have a standard format in host countries so that we have a common agreement in all our EAC countries.”

"The Council of Ministers is going to help this be realised. We will work with the Secretariat to make sure this important recommendation is implemented.”