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PUBLISHED ON April 8th, 2015

Contradictions mar approval of EAC treaties

Inconsistencies in the proposals to ratify a number of treaties governing the East African Community (EAC) member states has been cited as a stumbling block in creating a harmonized, democratic and consultative approval process as the region gradually integrates.

In Uganda, the Ratification of Treaties Act 1998 empowers the cabinet to approve all agreements made by the country except in cases where such treaties relate to peace agreement.

However, the current process in Uganda does not involve parliament, a critical arm of government, which enables a wider consultation among stakeholders and subsequent debate to scrutinise the benefits and the likely costs of ratifying such a treaty on the economy.

In Tanzania, it is the national assembly to approve treaties, while in Burundi and Rwanda, it is the presidency. In his presentation during a national consultative meeting on the ratification of trade and investment-related treaties in Uganda, and the EAC organized by SEATINI Uganda in Kampala recently, stakeholders argued that it was important to put the issue of ratification of treaties into the public domain for a wider stakeholder understanding and democratisation of the process.

“Democratic gaps still exist in the ratification of trade and investment agreements in Uganda as a whole. There is, therefore, a need to examine the implications on the economy and people’s livelihoods,” said Martin Luther Munu, the programme officer SEATINI Uganda.

Babra Turyasingura, a legal officer from Uganda Law Reform Commission, says ratification is the prerogative of the president and people should not compete for that power. After all, she explained, when treaties are negotiated internationally or already passed, parliament cannot change much.

Jovia Kamateeka, the woman member of Parliament for Mitooma, who also chairs the Human Rights committee, says the president does not have absolute powers because MPs can inform him about their reservations and some of them have been considered in previous treaties.

Uganda has signed a number of treaties, including the recent Economic Partnership Agreements (EPAs), and is still negotiating others such as the US-EAC Trade Investment Partnership Agreement (TIPA).

While the agreements seek to promote trade and secure foreign direct investments (FDIs), which are seen as important for the country’s economic development, trade experts contend that supply side constraints remain a big challenge for least developed countries (LDCS) such as Uganda.

Okot Okello, the principal commercial officer in the ministry of Trade, said Uganda needed a paradigm shift from product specialization to regional value chain specialisation and industrial creation.

“We need to change. If you become a jack of all trades, you will be beaten in all the aspects,” Okello said

Stakeholders now want MPs, technocrats in the various ministries, in this case trade industry and cooperatives, to consult the various key stakeholders before the president ratifies any agreement.

This, they say, is to ensure rights and interests of investors balance with their obligations to Uganda and its citizens regarding growth of the local industry, creation of jobs and also regional integration.

Source: The Observer

Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policy or position of TradeMark Africa.

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