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.
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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