Controversies mar EAC negotiations

NAIROBI - As the East African Community (EAC) gears up towards political federation, negotiations for a binding common market protocol are still marred by controversies of interests advanced by different partner states.

Thursday, July 23, 2009

NAIROBI - As the East African Community (EAC) gears up towards political federation, negotiations for a binding common market protocol are still marred by controversies of interests advanced by different partner states.

A nine-day meeting by the High Level Task Force (HLTF), whose objective is to negotiate annexes of the Common Market protocol, is currently ongoing in Nairobi, Kenya.

According to members of the task force on which all member-states are represented, the controversy surrounds a decision made by the Heads of State summit in April this year and later the council of ministers.

The contentious clause which has repeatedly appeared to be a stumbling block in different rounds of negotiations is one providing for the right of establishment and permanent residence.

"We are making progress but with major contradictions…the position of the ministerial council totally conflicts with the decision by the summit," said a member of the HTLF who preferred to remain anonymous because the negotiations are ongoing.

The source added that while the EAC heads of state stated that the granting of related rights to access to land and establishment should not be automatic but be a basis for eligibility, the ministers' decision is contradicting.

"The ministers maintained in their decision that the only issues to be governed by national laws are land and permanent residence. This is different from what the summit decided," the source said.

But another source added that a proposal had been tabled at the meeting by heads of delegation which states that a person in another partner state may be eligible to permanent residency upon fulfilling such conditions as may be determined by the host country.

"We are still negotiating. Different positions taken now might keep changing depending on what the meeting agrees upon," the source said.

The EAC leaders directed that identity cards will not constitute acceptable forms of travel documents on EAC-wide basis, but that partner states that are ready to recognize identity cards as a travel documents on a bilateral basis can proceed.

The signing of the Common Market Protocol was due in April this year but was extended to November by the Heads of State to enable finalization of annexes as well as the sections on scope and common tariff policies.

The Protocol early this year met a few delays after Tanzania objected to the issue of land ownership, also opposing the use of national identity cards as travel documents within the region.

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