The Citizen (Dar es Salaam)
Zephania Ubwani
30 September 2008
Arusha — Tanzania has finally lifted its objections to the right of residence by nationals from the other East African Community partner states under the proposed East African Common Market Protocol.
Citizens of other EAC states can now settle in the country as long as they engage in meaningful economic activities or are in employment.
EAC offficials confirmed in Arusha yesterday that Tanzania made what looked like a U-turn during the just-ended third round of negotiations for the EAC Common Market Protocol in Bujumbura, Burundi.
When contacted yesterday for comment, the deputy minister for East African Cooperation, Mr Mohamed Aboud, said there was nothing unusual in what the country's representatives to the Bujumbura meeting announced.
"In principle, Tanzania has no objection to foreigners working in the country because we are short of doctors, engineers and other experts," he told The Citizen by telephone from Zanzibar.
He said, however, that the Cabinet would have to be briefed on the decision.
"If it is decided that the decision will serve national interests, then that would be fine. If not, it will have to be looked into afresh," Mr Aboud said, adding that the Government would study implications of the decision like other EAC protocols.
He said negotiations for the EAC Common Market Protocol had just started and involved going through various clauses on which every member state had to be consulted.
"Each EAC partner state has its priority needs in the regional integration process. It has the right to accept or reject some decisions," the minister explained.
The Burundi decision has been reached apparently following pressure from other EAC member states, especially Kenya and Rwanda, which have been consistently advocating for "open borders" to enhance full economic integration in the region.
EAC spokesperson Magaga Alot said now that all the member states had agreed on the matter, the right of residence shall include the right to enter and reside in any of the countries with minimal restrictions.
"Citizens of the EAC who are nationals of other partner states shall have the right of residence in the host partner states for the purposes of seeking and carrying out an economic activity or employment" he said in a statement.
However, he pointed out that Tanzania continued to have its reservations on articles under the Common Market regarding access or acquisition of land by nationals of other partner states.
Officials from Tanzania, the largest country in the region, insisted during the talks in Bujumbura that land should not be a common market issue.
The country initially objected to the right of residence alongside with other terms under the proposed EAC Common Market such as free movement of labour across the borders and access to land, preferring further negotiations.
The country was criticised two months ago when East Africa Cooperation minister Diodorus Kamala announced that the country would continue to object to the free movement and access to land by people who were not Tanzanians other than "serious investors."
The country reportedly lifted its objections to the inclusion of the right of residence in the proposed Common Market after the third round of negotiations that took place in Bujumbura from September 20 to last Saturday.
The eight-day negotiations for the proposed Common Market in the Burundi capital were attended by members of the High Level Task Force (HLTF) from all five partner states.
"During the eight day Bujumbura round, the delegates reached consensus on a substantial complement of the outstanding issues.
"Tanzania lifted its objections to the inclusion of the article on the right of residence in the proposed Protocol" Mr Alot explained upon return here from Burundi.
The draft Protocol suggests, among others, that a national of a partner state shall be enabled to acquire or access and use land and buildings situated in the territory of another partner state for purposes of establishment.
The matter has now been referred to further discussion in the on-going negotiations process, he said, adding that there were no objections on other clauses under the right of establishment.
Tanzanian government officials have in recent months maintained that the country's land was only accessible to serious investors and not landless people from other countries.
For instance, it was agreed that all partner states shall abolish all restrictions on the right of establishment based on nationalities of companies, firms and citizens of the partner states.
"Such right shall be only subject to limitations justified on grounds of public policy, public security or public health" it was resolved in Bujumbura.
On the free movement of people, it was resolved that the partner states shall "progressively remove existing restrictions and shall not introduce any new restrictions that will impede trade in services among the partner states". Mr John Bosco Kanyangoga, Director, Institutional Relations and Policy, Advocacy Department, Private Sector Federation, Rwanda, chaired the meeting.
Tanzania was represented by principal education officer in the Ministry of Education and Vocational Training Grace Naburi and director of trade, investments and productive sectors in the East African Cooperation ministry Uledi Mussa, among others.
Burundi vice-minister for East African Community Affairs Nduwimana Deogratias noted that the negotiations were continuing and that there were "very encouraging" signs.
He said the Bujumbura round was the entry point of negotiations of some of the most crucial issues and critical requirements of a Common Market, including the outstanding issues on the right of establishment, right of residence and free movement of services.
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