The East Africa Law Society has spoken out about the recent ban of Uganda and Tanzanian maize exports to Kenya, saying the move jeopardizes efforts being made towards full integration of the East African Community.
In a March 9 2021 statement to media houses signed by Bernard Oundo, the President, the Society also says that the ban ‘risks being interpreted and categorized as a Non-Tariff Barrier.’
Below is the full statement
Public Statement On The Ban Of Maize Imports From The Republics Of Tanzania And Uganda Into The Republic Of Kenya.
On the 5th day of March 2021, the Republic of Kenya, acting through its Agriculture and Food Authority (AFA), directed its customs authorities to halt all importation of maize from the United Republic of Tanzania and the Republic of Uganda, both of whom are members of the East African Community (EAC). This was ostensibly because test results on maize imported from both countries had revealed high levels of mycotoxins consistently beyond safety limits. In a communique, the Authority noted that the maize imports from both countries had over 2,000 parts per billion of aflatoxin, against the recommended ratio of not more than ten parts per billion. Such high levels of aflatoxin are lethal to human health. However, there was no indication of consultation with the testing and quality standards institutions in the two affected countries, Uganda and Tanzania.
Being a unilateral action, the communique and its subsequent implementation by Kenya’s customs authorities violates several key provisions of the Treaty for the Establishment of the East African Community (Articles 5, 7 (1) (C), 8 (1) (C), 75(5), 76, 105 and 108) as well several Protocols including the Common Market Protocol, the Customs Union Protocol and the Sanitary and Phytosanitary (SPS) Measures Protocol. The action also jeopardizes efforts towards full integration and risks being interpreted and categorized as a Non-Tariff Barrier.
Furthermore, the World Trade Organisation (WTO) agrees that whereas governments may impose trade restrictions as may be necessary to ensure food safety and animal/plant health protection, such measures must not be used arbitrarily and for protectionist purposes, resulting in unnecessary barriers to international trade. The measures must, as far as possible, be based on scientific evidence.
While recognizing that there is need to adhere to all set standards in undertaking cross-border trade in the region, the East Africa Law Society is concerned at the frequency with which Partner States in the region have been taking unilateral action on matters affecting cross-border trade activities. The ban on maize imports into Kenya is not an isolated case; it is part of a growing negative trend that must be condemned and stopped before it may further impede the process of integration and the achievement of the aspirations of one region one people.
It is against this backdrop that the East Africa Law Society calls for:
Inside Uganda’s Property Market: Broll Uganda’s Moses Lutalo on Sector Realities and the Signals Investors Can’t Ignore1. A quick resolution of all cross-border trade disputes;
2. Full implementation of Article 108 of the Treaty for the Establishment of the EAC, on harmonization and strengthening of sanitary and phytosanitary services, inspection and certification;
3. Elimination of remaining tariff and non-tariff barriers within the EAC;
4. Full implementation of the provisions of the Common Market Protocol;
5. Training and capacity building of traders and border officials to ensure adherence to set standards in the conduct of business within the EAC; and
6. Operationalization of the East African Community Committee on Trade Remedies as provided for under Article 24 of the Customs Union Protocol.
If heeded, these recommendations will assuage the growing cross-border trade conflicts and ensure the realization of common economic development and prosperity for all member states ahead of the Community’s further integration.
