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EA ecosystems law hits snag

Discussion in 'International Forum' started by BabuK, May 25, 2012.

  1. BabuK

    BabuK JF-Expert Member

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    Tanzania is opposed to the enforcement of a regional law on Trans-boundary Ecosystems, whose Bill was recently endorsed by the East African Legislative Assembly (EALA) meeting in Kampala, Uganda.
    The regional assembly passed the Bill on January 12, this year, and it is now awaiting final approval of Heads of State in order to become law enforceable in the EAC member states.
    However, its’ enforcement is now being challenged by Tanzania, which has rejected the law on the grounds that it would interfere with land issues which are not part of the broader EAC Treaty.

    [​IMG]


    “I requested President Jakaya Kikwete not to sign the Bill. It’s against the EAC Treaty,” said Samuel Sitta, Minister for East African Cooperation at the orientation seminar for newly-elected members of EALA.
    He explained that the Bill, which originated from a private motion tabled by a Tanzanian EALA member, touches on matters related to land, “an issue which is not included in the EAC Treaty.”
    EAC partner states left out land in the regional Treaty and agreed that the issue would be dealt with under the national laws and frameworks of the respective countries.
    “But EALA MPs from partner states are very clever…they may use some tricks to get your (Tanzania’s EALA MPs) support in endorsing certain Bills, which may not directly touch on land, but indirectly they will have direct implications on our land,” said the minister.
    He pointed out that EAC Transboundary Ecosystems Bill stands as a good example: “Influenced by other MPs from partner states, one Tanzanian EALA MP moved a private motion which was endorsed by the legislative body, but indirectly that Bill will touch our land.”
    According to Sitta, on the face of it the Bill seeks to streamline regional environmental affairs, which “at the end of the day would have implication on land issues, which is not part of the EAC Treaty.” He said EAC partners use direct approaches to push for enforcement of regional land-related laws, asking newly-elected Tanzania’s EALA MPs to be careful with the “techniques used by regional colleagues.”
    Before the Bill becomes a regional law, it must be approved by Heads of State from EAC partner states, observed the minister, noting: “I have already requested President Jakaya Kikwete not to accept this Bill (Transboundary Ecosystem) because of the reasons I stated above.” Sitting in Kampla, on January 12, this year, the East African Legislative Assembly, debated and passed the EAC Transboundary Ecosystems Bill 2010.
    According to national and regional media reports, the Bill whose debate was suspended last year received overwhelming support when it came up for debate on the floor of the House.
    The object of the Bill originally moved by Dr George Francis Nangale is to provide for a legal framework to effectively streamline the management of trans-boundary eco-systems with a view to enhancing the quality of the environment and also ensure sustainable utilisation of shared natural resources in the EAC.
    It seeks to provide for the management and regulation of transboundary ecosystems to establish a Commission managing ecosystems in the region and other related matters.
    Suspension of the Bill followed concerns raised by EAC Council of Ministers, who requested for more time to consult. The adjournment was further stayed in November 2011 during the subsequent 2nd Meeting of the 5th Session held in Bujumbura, Burundi.
    The Council of Ministers sought to clarify the mandate of the envisaged Commission for the management of transboundary ecosystems vis a vis existing institutions. At the same time, Council felt there was an imminent conflict on matters of land given the fact that such matters remain a preserve of the partner states as stated in the Common Market Protocol.



    SOURCE: THE GUARDIAN

     
  2. livefire

    livefire JF-Expert Member

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    ata sijasoma what's in the text and holding content but as we always know the usual suspect is crying foul again...nkt...shida ni nini?!?!
     
  3. livefire

    livefire JF-Expert Member

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    when this guy tells incoming MPs to be cautious of EAC colleagues and their ill techniques what is he trying to say? That all 5 East African states are ganging against her? At times with utmost respect Tz is a let down to EAC. One moment they are in the next they claim what they approved is bad, why do you send your think tanks to this discussions then?...you suspect everything, ud rather stick to SADC and tender your resignation. With utmost respect.
     
  4. J

    JokaKuu Platinum Member

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    Livefire,

    tatizo ni ARDHI. soma hapa:

    Mr. Sitta said that of this year, statistically, one square kilometer is covered by 47 people in Tanzania, 70 people in Kenya, 139 people in Uganda, 301 people in Burundi and 403 people in Rwanda.
     
  5. F

    FJM JF-Expert Member

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    Dr Nangale ndiye aliyeleta huo uchuro?
     
  6. Nairoberry

    Nairoberry JF-Expert Member

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    this sitta is not wise is he a minister to help in integration or he wants just to spy on other member states as usual kenya is the culprit according to him and many here
     
  7. Nairoberry

    Nairoberry JF-Expert Member

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    its like tz is in EAC to spy on kenya movements. talk about paranoia they think kenya is using other member states to undermine it
     
  8. J

    JokaKuu Platinum Member

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    Nairoberry,

    ..LAND, LAND, LAND.

    ..If u could understand and accept Tanzanias position with regards to her land, then this process will move very smoothly.
     
  9. Yombayomba

    Yombayomba JF-Expert Member

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    Pambafu kabisa
     
  10. livefire

    livefire JF-Expert Member

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    why hold these meetings with other EAC members and with a backing of Permanent Secretaries/informed technocrats only to bank roll on the decision at the actualisation stage? Doesnt this look suspicious to you? Some of these things u call land, why not settle them before drafting the final draft.....kuna walakini kubwa sana Joka Kuu... I dont know what Tz is upto cause every agreement agreed upon she must bankroll on it. Be it defence, land, customs, passport....whichever comes to mind....are Tanzanian technocrats awkey or they sleep in the meetings only to realize later what they had consented too is flawed? If i had an open channel to this ministries and Sitta in person ad love to gruell him on such, plus tanzania should always send a competent team to the negotiating table.
     
  11. EMT

    EMT JF-Expert Member

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    Mkandara ulishawahi kusema kwenye thread moja kuwa kazi ya mbunge wa EA ni kuwakilisha hoja na interests za taifa lao huko EALA. Sasa ilikuwaje huyu mbunge wa Tanzania alipeleka hoja binafisi ambayo inakataliwa na nchi yake? Ina maana huyo mbunge hakushauriana na wizara husika kabla ya kupeleka hiyo hoja binafsi huko?
     
    Last edited by a moderator: Jan 4, 2016
  12. J

    JokaKuu Platinum Member

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    livefire,

    ..there was a commission that went around the country to collect ppl views with regards to EAC. the wananchi made it clear that there were OK with EAC, as long as it doesnt involve political federation, and land is not included in community's protocal.

    ..now, if other EAC member states did not agree with Tanzanias position, they were supposed to take action by voting her out of the community. What we r seeing now is EAC member states using backdoor tactics by passing a bill that indirectly challenges/interferes Tanzanias land law.

    ..With regards to EAC defence protocal Tanzania wanted clarifications on how to deal with mwanachama mkorofi[rogue] anayevamia nchi nyingine. Now, explain to us why u think Tanzania is being a stumbling block to the EAC defence protocal? It seems to me it is the technocrats from other member states who do not ask critical questions while important issues[defence protocal] r being discussed.

    ..I am sorry, lakini nadhani wenzetu mnataka kuburuzana tu bila kujadili mambo kwa undani. hivi mnategemea these five countries will b on the same page on every issue 100% percent of the time??
     
  13. J

    JokaKuu Platinum Member

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    EMT,

    ..inasemekana huyo mbunge wa Tanzania alipingwa na wenzake lakini hakusikia.

    ..sasa mswada ukapelekwa kwenye bunge la EAC na wabunge toka nchi nyingine wakaupitisha bila kujali sheria na msimamo wa Tanzania kuhusu ardhi.

    ..mimi nadhani hawa wenzetu wakiachana na tamaa[obsessions] zao kuhusu ardhi ya Tanzania tutakuwa na jumuiya nzuri tu.
     
  14. livefire

    livefire JF-Expert Member

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    thanx for the feedback, it shows Tanzania knows what it wants but the quiz that is baffling technocrats from the five states is this:
    whenever theres a sitting to ratify a law, all states are represented by EALA MPs, where the subject is critical...permanent secretaries and other knowlegdable subjects are brought along. Mark you, a copy of the facts to be deliberated on are always in custody of respective member countries months before deliberation date at EALA to allow for consultation.
    Why as a nation do Tz consequently always comes up with excuses that decisions reached dont present their position? Why not contest your grievancies at the negotiation table with other member states before taking a ground? Doesnt it look awkward to you Joka Kuu that its only Tz that has contested all the laws if not the majority thus far after putting pen to paper. Dont you think your technocrats are sleeping on the job as it explains to their always delayed responses of ''we were duped''.seems they dont partake consultations seriously
     
  15. Rufiji

    Rufiji JF-Expert Member

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    This stupid Jumuia should concentrate in formulating policies that will intergrate and boost economies of member states. EAC is trying to do so many things at a time! I think those MPs are just looking for ways to increase per diem. I was so shocked to find out East African MPS are being paid fifteen millions Tanzania shilings every month.
     
  16. EMT

    EMT JF-Expert Member

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    I am not against a legal framework which aims to streamline the management of trans-boundary ecosystems to enhance the quality of the environment and sustainable utilization of shared natural resources in the EAC. Climate change is adversely affecting East Africa and the sooner the issues are addressed, the better. However, in passing such a law, we have to be careful so as not to contradict existing policies and laws in the respective partner States. EAC is a not a community to serve the interests of certain people. I believe it is a Community to serve the interests of all its Members.

    Any ecosystem law would touche and concern land. Thus, placing transboundary ecosystems under the management of the EAC, the Bill may go against the Common Market Protocol that has placed land as a resource under individual partner States' control. There are mixed compositions in the Bill that are likely to give rise to conflicts of interest and lack of consensus in decision making, much as the Community is people-centred and private-sector driven. It is therefore better to address critical issues arising from the Bill through negotiations, and not by imposing it upon others.

    On of the issue which led the debate on the Bill be suspended last year was its failure to define a clear mandate between the existing institutions notably the Lake Victoria Basin Commission and Lake Victoria Fisheries Organisation and the new commission -- East African Trans-boundary Ecosystems Commission -- reflected in the Bill. The Bill did not cater for trans-national issues that may arise when one partner state seeks to engage in a development project on a trans-boundary ecosystem which may be considered a threat to the environment by a neighbouring partner state.

    I am not sure whether these were addressed later but if the Bill was passed on that current state, the it will leave too many gaps conflicting with provisions of the EAC Protocol of the Common Market dealing with land as areas that need more consultation. We do not only need to have a comprehensive ecosystem legal framework, but the one which has been negotiated and accepted by all Members.
     
  17. J

    JokaKuu Platinum Member

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    livefire,

    ..I think the problems is to equate Tanzanians concerns to "excuses". The EAC defence protocal is a good example: why would member states, other than Tanzania, sign on to a defence protocal that does not address a critical issue such as what to do with an aggressive member state that starts a war with another country within or outside the community?

    ..Pia lipo suala la Political federation which was supposed to be in place by 2013. With the benefit of a hindsight, do u still think Tanzania was unreasonable to insist that the wananchi should decide if they want or do not want a political federation? Did your government ask u kama unataka EAC political federation?

    ..haya mambo ya Defence Protocal, na Political federation, Tanzania tuna experience nayo kwa sababu kwanza tumo kwenye SADC ambayo ina defence protocal, pia Tanzania ni muungano wa Tanganyika na Zanzibar. So when Tanzania raises any flag about these issues u better pay attention bcuz we are much more experienced than other member states in the community.

    ..In my opinion, technocrats frm other member states either do not conduct thorough research, or do not listen to their counterparts frm Tanzania unless they raise hell in the public. Kwasababu all the time these protocals have ended up being corrected to reflect Tanzanias position.
     
  18. M

    Mkandara Verified User

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    Samahani mkuu sikuwepo kijiweni week hii kuchangia,naona mengi yamenipita. Labda niulize kuna uhakika gani kwamba hoja alowakilisha sio msimamo wetu kulingana na sera za chama tawala. Kumbuka kwamba sisi wengine tunaodai mwongozo yaani kuwepo kwa dira ya kitaifa, ni kutokana na maswala kama haya ambayo mtu yeyote anaweza kufanya maamuzi yake binafsi kwa kisingizio cha uzalendo.

    Na kwa bahati mbaya zaidi ni kwamba Watanzaniua kwa ujumka wetu hatufahamu maana ya SIASA na matumizi yake kiasi kwamba mtu yeyote anayejiona msomi anaweka fikra zake mbele kwa kutumia logic kupinga ama kukubaliana na wazo japokuwa pinzani kiitikadi na sera za chama ama dira ya kitaifa. Kifupi naweza sema Tanzania kisiasa tuna mfumo wa demokrasia wa wagombea binafsi kwa kupitia mwamvuli wa chama tu. Kila mbunge wetu anawajibika kwa wananchi kwa jinsi anavyojisikia huru hivyo kutafsirika kama ndio uzalendo. Ni vichekesho vitupu kwa muumini kumtumikia Yesu lakini usifuate biblia....
     
  19. Kabaridi

    Kabaridi JF-Expert Member

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    First.......The EAC thing is working against instead of for EAfricans. I think the is why the EALA legislators were chosen in the first place was to address such imbalances. For there to be success in EAC/EALA, we have to tag-as-one and move forward. Trying to frustrate the process by docking under intense-political-intrigues, will not benefit the bloc to catapult it to the next level of development. There are people from TZ taking home free pay-checks/15m Tsh every month and who's work seems that of frustrating progress of the EAC resolutions. Why every time are there suspicion of Kenya wanting to advance its infamous sinister schemes? I am afraid we all now know why we cry obstructionism. Take for instance the EU model. There was an integration model that leveled all its members countries to acquire basic socio-economic and infrastructural developments, like the telecommunications and ICT sector. Businesses within the EU advanced their business agenda on the web. EU became a big human resource base and there was a steady movement of ready improved human resource due to improved transport and infrastructure. Britain evading the EU was more of a Pan-British affair to avoid the EU which was seen as an anti-monarchial union en-grained during the late 20th Century. We now see the emergence of BRICS (Brazil, Russia, India, China, South-Africa) overshadowing the BRITS in actually every sphere.

    Secondly........You are the stumbling bloc in EAC to the defense-protocol, because the same pact you are refusing to enter in with EA is identical to SADC defense pact. As I had contributed earlier, it seems you categorically showcase discriminate indifference against EAficans. Similarly, the Ecosystem law is purposely being frustrated using the same political intrigues of your crying for your Agenda and your people as opposed to EA as a whole. Tanzania has used the same land-laws to frustrate the EAC being a success. The thought that there is no equal match within EA to Tanzania in relation to its demographics and size, makes you under-utilize this resource. Based on these factors, it would seem that this country would be miles ahead, but due to such indifference, it remains huge resource significantly laid to waste and huge wasted space.
     
  20. The Quonquerer

    The Quonquerer JF-Expert Member

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    It 's worse for Kenya, if you deduct the inhabitable land in Kenya, the density is the same as Rwanda and Burundi, these stats are favoring Kenya!
     
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