South Sudan Nearly Shoots Its Accession Bid to the EAC


By ADAM IHUCHA -- South Sudan’s xenophobic attitude against foreigners could complicate its bid to join the East African community.

The EAC secretariat in Arusha is keeping a tight watch over a recent Juba’s ban on foreign workers, including the EAC citizens.

Though, the EAC secretary general, Dr. Richard Sezibera has not made an official statement, only posted on Jumuiya twitter account that the issue will be tabled during the negotiations with South Sudan.

“Our treaty is clear on fundamental rights of its Citizens…. We will table all issues of concern at negotiations for accession " Dr. Sezibera twitted. 

 Inside sources say that the EAC is seriously concerned with the Juba’s xenophobic stance, which ranks high, among the tough issues that are likely to thwart its application to join EAC.

Though the Juba ban on foreign workers came as a surprise to the World, for EAC it wasn’t as the issue was prominently highlighted on its report on verification of the country’s application to join the region.

The report of 2012 highlighted the xenophobic attitude among the Juba’s technocrats towards EAC citizens on ground that would grab their jobs and escalate criminal activities, as a serious concern.

The EAC verification Committee presided over by Mr Raphael Kanothi fear the xenophobic mentality would impact on free movement of persons and services provided by the EAC common market protocol.

“Besides xenophobic mindset, there’s limited understanding of EAC and its objectives among the RSS officials” the EAC official said in confidence.

It is understood, other two issues haunting the South Sudan’s final walk to join EAC, comprise the recent war and a pending case in the regional court, where Ugandan traders in Juba seek to block the bid.

Fighting broke out in the oil-rich country, the world's youngest nation, in December 2013 following a clash between troops loyal to President Salva Kiir and his former deputy Riek Machar.

The war, which spread rapidly across the country and has been marked by widespread human rights abuses and atrocities by both sides, is one of complex issues facing its accession deal.

 The Republic of South Sudan, a landlocked country in east-central Africa became an independent nation in July 2011 and in the mid-October the same year, the country applied to join the EAC.

As things stand now, the negotiations are likely to commence anytime in October 2014, if all goes as planned.

Case

In October 2013, Uganda Traders Association of South Sudan Ltd and three others filed a case reference number 8 of 2013 at the East African Court of justice (EACJ), seeking the court to block South Sudan’s admission to the EAC on the grounds that Juba does not adhere to good governance.

The case which its hearing is likely to kick off in November, 2014, was grounded on article 3 (3) (b) of the EAC treaty, which requires for membership that a country must adhere to universally accepted principle of good governance, democracy, rule of law and observance of human rights and social justice.

In particular, the applicants, who included Patrick Walusimbi Ntege, Dan Ssenga and Mohamed Waiga, alleged that Uganda traders in South Sudan have neither judicial nor administrative protection from the Republic of South Sudan.

 They further claimed that Juba does not provide a conducive environment for business, commerce, investment and the protection of property rights and other rights as required by the EAC treaty.

Worse enough, the applicants charged that Ugandan traders in South Sudan have been raped, tortured, killed, maimed and even imprisoned without trial.

Moreover, the traders claimed that their merchandise have been confiscated and vehicles detained by soldiers without any redress from the courts as they are incapable of addressing these injustices.

The applicants, therefore, seek the EACJ to declare that South Sudan is not a fit and proper country to be granted membership in EAC.

“And that the Attorney generals of Tanzania, Uganda, Kenya, Burundi and Rwanda as well as EAC secretary general, should not admit the South Sudan into a regional body as a country does not adhere to the good governance principles” reads part of the case document.

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