The East African Legislative Assembly (EALA) is investigating delays in the ratification of concluded protocols of the regional bloc by the partner states as lawmakers are worried that in the end, it is the citizens of the bloc that are missing out big time on the expected benefits. Last week, members of the regional parliament’s Committee on Legal, Rules and Privileges led by MP François-Xavier Kalinda met Rwandan officials to, among others, emphasise the importance of fast tracking the ratification of pending protocols; and assess the implementation of laws of the Community by the Partner States. Kalinda noted that Rwanda ratified almost all regional protocols but implementation cannot happen when other countries have not ratified. “This means that our citizens are affected. We are losing out on the opportunities to be availed by these protocols,” Kalinda said. MP Francine Rutazana said: “We are using a lot of resources and time to put protocols in place and when they are not ratified or implemented, we are losing out. I think there is something we need to do. We need to know how best to address issues such that partner states are held accountable. Their unratified protocols include the protocol on cooperation in meteorological services which is not yet ratified by all Partner States. The Protocol was signed by the ministers responsible for EAC Affairs in February 2016. It allows countries to cooperate in the planning, designing and development of weather and climate observation networks and meteorological telecommunication systems; the processing and analysis of data and sharing of meteorological information and the development of early warning systems. In June 2017, technocrats from EAC countries met to develop the roadmap for the implementation of the Protocol and a pertinent task force was established but there is still nothing to show for all the efforts. Didace Musoni, the division manager in charge of data observation, quality control and processing at the Rwanda Meteorology Agency, noted that in the science dealing with the atmosphere and its phenomena, including both weather and climate, “no country can afford to say that it is on its own.” He said the Protocol on cooperation in meteorological services also paves way for the capacity building aspect for “short, medium term and long range weather forecasting and climate change predictions” that would benefit people such as farmers in the region, and also factored in a five-year meteorology development plan. Experts in the past noted that provision of accurate and timely weather and climate information provides useful inputs into sectors such as agriculture; livestock development and food security; road, air and maritime transport; building and construction industry; health and public safety; disaster management and water resources management, among others. Musoni told The New Times why, in meteorology, “we have to cooperate beyond borders.” “By nature of what we do, we have to cooperate. Weather or climate partners and issues know no borders,” he said, adding, “If I want to know how the weather or climate of my country is impacting onto people or the economy and livelihoods in general, I need information from outside to be integrated into the information from my side so that I am able to do analysis and predictions of impact to the economy such as on food security.” “That very need of my country for this data from outside equally translates to the needs of outside or neighbouring countries. We need to do monitoring of our atmosphere which has no boundaries. The Protocol must have a mechanism for exchanging data.” Benon Kaka, the director of planning in the ministry of environment told lawmakers that the regional taskforce was indeed in Rwanda about five years ago and worked on strategies and a roadmap towards its implementation. He pledged that from today, efforts will be made to fast track the Protocol’s ratification process. Kalinda noted that since the coming into its operation, the EAC concluded a number of Protocols, some of which entered into force after being ratified by all Partner States while others are not are not ratified by all or some Partner States. “The delayed or non-ratification of Protocols delays the implementation of the respective Protocols and consequently affects negatively the attainment of the objectives of the bloc as specified by the EAC Treaty and by the relevant Protocols,” he said. Article 151 of the EAC Treaty empowers Partner States to conclude Protocols as may be necessary for each area of co-operation. Protocols are approved by the Summit on the recommendation of the Council of Ministers, the central decision-making and governing organ which comprises regional Ministers in charge of EAC Affairs. The December 22, 2021 extra-ordinary EAC Summit made no mention of the persistent delays in the ratification of EAC Protocols – which is slowing down bloc’s integration agenda – but there remained an air of optimism. Once approved, Protocols are subject to signature and ratification by the Partner States. Once concluded, Protocols forms an integral part of the Treaty. The Protocols enter into force upon ratification and depository of the ratification instruments with the Secretary General by all Partner States. Mackline Ingabire, a Senior State Attorney and legal advisor in Rwanda’s Ministry of Justice, said it would be good if the Council of Ministers, or the bloc’s Secretariat devised a way to set timelines for the Protocols’ ratification and implementation, something Kalinda said “is a good recommendation” lawmakers will push forward. Besides the Protocol on cooperation in meteorological services, Burundi has not ratified the Protocol on Immunities and Privileges. The Protocol on Sanitary and Phytosanitary Measures as well as the Protocol on Foreign Policy Coordination are not ratified by Tanzania. In addition, the Protocol on Information, Communications and Technology is not ratified by Tanzania, Kenya and Burundi; the Protocol on Extended Jurisdiction of the East African Court of Justice is not ratified by Burundi, Uganda and Tanzania; An amendment of the EAC Customs Union Protocol has also not been done. The lawmakers are also looking into the status of the implementation of the EAC Vehicle Load Control Act, 2016, especially the preparations made by countries before the commencement of the application of the law.
