EAST AFRICAN COMMUNITY HARMONISATIN OF SOCIAL PROTECTION POLICIES AND PROGRAMMES IN THE EAST AFRICAN COMMUNITY by Mrs. Perpetue Miganda Principal Gender and Community Development Officer Nairobi, 10th March, 2011 EAC Secretariat Po Box 1096 Arusha-Tanzania

Introduction The East African Community is an Inter- governmental Organisation composed of the Republics of Burundi, Kenya, Rwanda, the United Republic of Tanzania and Uganda. The Treaty for the Establishment of the East African Community was signed in November 1999 by the Heads of State of Kenya, Tanzania and Uganda. Burundi and Rwanda joined the Community in July 2007.

Key Pillars of regional integration Customs Union - Joint administration of a Common External Tariff (CET) and elimination of all non-tariff barriers to cross-border trade (commenced on 1st January 2005 and currently fully fledged). Common Market - Free movement of goods and services and all factors of production. The Common Market Protocol was signed by EAC Heads of State in November 2009). Monetary Union - Establishment of a single currency area : the Task Force in charge of Monetary Union negotiations has started its meetings. Political Federation - This is the last stage of the regional integration process.

Legal Framework for Social Protection in EAC Art. 7 of the EAC Treaty spells out principles that shall govern the practical achievement of the objectives of the Community which include people-centered and market-driven co-operation. The Partner States undertake to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights

Article 120 related to Social Welfare provides for the development and adoption of a common approach towards the disadvantaged and marginalized groups, including children, the youth, the elderly and persons with disabilities through education and training.

The Common Market Protocol signed in November 2009, in its Article 39, outlines the harmonization of Social Policies where the Partner States undertake to coordinate and harmonise their social policies to promote and protect decent work and improve the living conditions of the citizens of the Partner States for the development of the Common Market.

The Partner States shall coordinate and harmonise their social policies relating to: good governance, the rule of law and social justice; promotion and protection of human and peoples’ rights; promotion of equal opportunities and gender equality;

promotion and protection of the rights of marginalised and vulnerable groups; promotion of African moral values, social values and ethics; and promotion of unity and cohesion among the people in the Community.

Social Protection in the Context of the Common Market The Common Market allows : Free movement of goods; Free movement of persons; Free movement of labour; Right of establishment; Right of residence; and Free movement of services

The right of establishment and the right of residence for nationals of the Partner States therefore require measures to avoid any disadvantages in relation to social security which might otherwise arise from moving from one Partner State to another

In this regard, there is an annex on Social Security which is still being negotiated in order to harmonise the social security systems in Partner States and fully realize the free movement of persons and workers.

The following branches of social security are considered: medical care; sickness benefits; maternity benefits; invalidity benefits; old‑age benefits; survivors’ benefits; benefits in respect of occupational injuries and diseases; or any other benefits.

EAC Gender and Community Development Framework The EAC Gender and Community Development was adopted by EAC in November 2006. It lays on the BPFA, the Convention on the Elimination of All Forms of Discrimination (CEDAW) which was adopted in 1979 by the UN General Assembly, often described as an international bill of rights for Women, commits member states to undertake a series of measures to end discrimination against women in all forms. - In the area of community development, the international guiding instrument is the Copenhagen Declaration on Social Development which recognizes the significance of social development and human well-being for all. This Declaration commits Governments and States to undertake interventions that focus on poverty eradication, employment creation and social integration.

Forum of Ministers responsible for Social Development The Council of Ministers established in 2007 a Forum of Ministers responsible for Social Development in order to “provide a platform for East African Ministers of Social Development to share experience and to harmonize policies and approaches in management of cross-cutting social concerns, such as poverty eradication and overall management of Millennium Development Goals (MDGs)”.

The concept of Social Protection was first Clearly defined during the Forum of Ministers during its meeting held in Kigali in September 2008 and became one of the key priority areas of cooperation in Social Development, alongside Gender, youth, children and community development, the other priority areas being Health and Social Services, Education, Science and Technology, Culture and Sports and, Environment and Natural Resources. .

The Ministers agreed, among others, on the promotion of social protection interventions targeting the poor and vulnerable groups; development of appropriate structures, policies and laws to improve youth participation; increased opportunities for vocational education and training; establishment of vulnerability indices; and capacity building for communities.

The Forum of Ministers recommended to Council, through the relevant Sectoral Councils, to : “ approve the establishment of a Sectoral Council on Gender, Youth, Children, Social Protection and Community Development, considering that under the existing arrangement these important areas are not individually being adequately addressed; require that social protection be fully harmonised and mainstreamed in all social development programmes of the EAC and Partner States; require that social protection for the older persons and people with disabilities be included as part of the social development programmes of the EAC and Partner States”.

PROPOSED EAC SOCIAL DEVELOPMENT FRAMEWORK During their second meeting held in Bujumbura from 2th to 7th October 2009, the Ministers responsible for Social Development agreed on key priority areas to compose the EAC Social Development Framework. A Draft was developed in August 2010 which will be presented to the 3rd Meeting of the FMSD.

Current achievements Establishment of a Sectoral Council on Gender, Youth, Children, Social protection and Community Development; Comprehensive Policy and Plan of Action on Food Security ; Comprehensive Climate Change Policy; (the two policies are under the auspices of Heads of States); Comprehensive Regional Strategic Plan on HIV and Aids

Comprehensive Draft Strategic Plan on Social Protection with the following targets: An appropriate Social protection Policy and legal framework by 2012; Socio- Economic transformation by 2015; Social Protection mainstreamed into Macro sector policies and programmes by 2012 Data and Information available by 2012

Challenges Tendency to limit Social Protection in the context of the Common Market Protocol; Sustainability of the EAC Forum for Ministers responsible for Social Development; Many policies waiting for approval: e.g. Draft EAC Social Development Framework;

Draft Youth Policy; Draft Policy on Persons with Disability; and Draft Strategic Plan with 5 Components: - Gender Youth; Children; Social Protection ; and Community Development

Thank you