The
East African Court of Justice (EACJ) has delivered its judgment in which the
East Africa Law Society had filed a reference seeking declaratory orders that
Article 24 of the Protocol on the Establishment of the EAC Customs Union is
inconsistent.
While, Article 54 of the Protocol on the
Establishment of the EAC Common Market (which provides, inter alia, that
national constitutions , laws and administrative procedures, and competent
national authorities shall handle disputes under the Common Market).
The
complainants were seeking the EAC court to declare that the provisions of the
article are inconsistent with the Treaty for the Establishment of the East
African Community.
According
to a statement from the secretariat, in its judgment, the Court stated that it
has jurisdiction to interpret disputes arising out of the Customs Union and
Common Market protocols since these protocols are annexes and integral parts of
the Treaty.
“The
Court, however, decided that the dispute settlement mechanisms created under
the Customs Union Protocol and the Common Market Protocol do not exclude, oust
or infringe upon its interpretative jurisdiction and that the impugned
provisions (Article 24 of the Customs Union Protocol and Article 54 of the
Common Market Protocol) are not in contravention of or in contradiction with
the relevant provisions of the Treaty,” notes the statement.
The
protocol envisages enhancement and strengthening of partnerships of governments
with the private sector and civil society in its implementation in order to
achieve sustainable socio-economic and political development.
The
EAC is grounded on a number of operational principles, which include:
people-centred and market driven co-operation; the principle of subsidiary with
emphasis on multi-level participation; and involvement of a wide range of
stakeholders in the process of integration.
The
treaty also emphasizes in its objective the principle of sustainable development
and equitable economic development.
Cooperation
in trade liberalisation and development is one of the fundamental pillars of
the East African Community (EAC).
For
this purpose, the EAC Partner States agreed in the EAC Treaty of 1999 ‘to
establish among themselves a Customs Union, a Common Market, subsequently a
Monetary Union and ultimately, a Political Federation.
The
East African Community Customs Union (Eaccu) commenced its operations within
Kenya, Tanzania and Uganda on 1 January 2005. Burundi and Rwanda acceded to the
EAC in July 2007.
Customs
is, for instance, deeply involved in controlling goods which cross borders,
determining goods’ nomenclature and origin, and collecting revenue as well as
administering trade policies.
Hence,
the manner in which Customs operates highly affects international trade either
negatively or positively. In other words, the manner in which Customs operates
can either complicate or simplify the international trade in goods. And this
introduces us to the concept of trade facilitation.
Kenya
and Tanzania appended their signatures to the Protocol Establishing the East
African Customs Union on the 2nd March, 2004.
The
East Africa Law Society was represented by Prof Frederick Ssempebwa, Mr Richard
Onsogo and Mr Humphrey Mtuy.
The
Counsel to the East African Community, Hon Wilbert T.K. Kaahwa represented the
Secretary General who was the Respondent in the Reference.
Source: The Citizen, www.thecitizen.co.tz, reported from Arusha
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