The East African Community (EAC) takes decisions to act, in terms of regional matters, based on consensus of all of its partner states – in this case unanimity – a situation that some members of the East African Legislative Assembly (EALA) argue holds the community back.
This is one of the issues that were exposed this week during one of EALA’s plenaries held in Kigali. Its meetings concluded on Friday, November 4.
Now, calls are growing to remove such a consensus from EAC ‘principles,’ as MPs expressed concern that this procedure is hampering the progress of the community in many ways, and has to change so that the decisions be rather be taken based on the simple majority.
Speaking to The New Times, MP Francine Rutazana (from Rwanda), said that there have been instances where taking decisions could not be possible because there was no consensus – even when only one member country disagreed, or was not present, while others were in favour of it.
She indicated that legislators sought to have the consensus condition changed, but that was constrained by the fact that it was a provision in the treaty, which only Heads of State have the power to amend.
"This provision holds many businesses back, we are all looking to its amendment,” she said.
Giving an instance of where consensus stalled EAC progress, Rutazana said that there was a parliamentary proposal to amend a section of the East African Community Customs Management Act, 2004, with a view to extend the time for removal of bulk goods from a port of discharge beyond the provided 21 days.
Normally, a businessperson is required to have removed all their goods within 21 days after their arrival at the ports, regardless of the amount, and start paying fees/warehouse rent if they have not met such a deadline, she explained, adding that the amendment would lower costs for traders and consumers subsequently through easing the ‘doing business,’ but that was not possible because only one country did not endorse the move.
MP Aden Omar Abdikadir (from Kenya) said that "time and again, the EAC is unable to move at the pace that it is supposed to because you are told all the countries must sit around the table and everyone must be around, and everyone must say yes. That’s what the consensus means.”
"If there are seven of us and the majority four have agreed in favour of that particular view, or recommendation, let us move with that. This is how the world is making its decisions all over; this is how boards, the European Union is making its decisions,” Abdikadir observed, pointing out that "now that we are about to engage serious issues like [EAC] monetary union, we are likely to face a lot of challenges with the consensus issue.”
MP Mary Mugyenyi (from Uganda), also highlighted that the consensus requirement is among the key areas that have kept the community from moving forward because no decision can be made without the agreement of all the parties.
"We have seen that, no sanctions so far have ever been taken against a partner state that has not implemented the rules or the laws of the treaty,” she said, citing issues including non-tariff barriers, and non-payment of membership fees.
"My argument is that, as long as the Treaty holds on to the principle of consensus, nothing will be effectively implemented,” she said.
"And if I am also a Summit member, if I have that loophole, that window that empowers me to opt out of the sanctions against my own state, why don’t I use that and save my country from embarrassment,” she wondered.
Likely review of this matter
EAC started with a membership of three countries, comprising Kenya, Uganda and Tanzania. And, now, it has grown to seven members – others being Rwanda, Burundi, South Sudan and the Democratic Republic of Congo.
MPs concurred that when the community was made up with only the three countries, it was easy to have a consensus; but held it is very unlikely that this can be achieved with its many member states.
Manasseh Nshuti, the Minister of State in Charge of East African Community (EAC) at Rwanda’s Ministry of Foreign Affairs and International Cooperation, told The New Times that as the number of EAC partner states is increasing, it is not always possible to take decisions based on the agreement of all.
"We are going to review that. But it requires the treaty be amended. Consensus cannot be [easily] possible for seven countries,” he said.
Anthony Luyirika Kafumbe, the Counsel to the East African Community (CTC), said that one of the agenda items that have been pressed for the 43rd ordinary meeting of the EAC Council of Ministers to consider, is the amendment of the rules of procedure which include the consensus aspect. The meeting is expected to convene from November 23 to 28.
On the issue of sanctions, he said that the Secretariat again proposed sanctions which were given to partner states to consider, which is also a matter that is going to be considered by the 43rd meeting of the Council.