The legal challenges and constraints affecting the implementation of the common market protocol on the movement of labour within the east African community: a case study of Uganda

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Date
2015-08
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Kampala International University,school of law
Abstract
The study intended as a tool for development policymakers grappling with migration issues in EAC to help to clarify the basis of current EAC Partner States' migration policies in relation to free labour movement. and indicate the potential of the existing legal framework as an enabler for a development oriented approach to free labour movement and management in the EAC. Background of the study was that migration issues relating to labour movement in East Africa may be traced way back to the pre-colonial era which was characterized by the non-existence of boundaries, there was strong interaction of societies, free movement of persons and goods. Specific Objectives identifying the legal frame work of the common market protocol on the movement of labour within the east African community in Uganda. Assessing the legal challenges affecting the implementation of the common market on the movement of labour within the East African community in Uganda. Identifying the legal consequences of labour migration on political and socio-economic development in Uganda. Main Research Questions: what is the legal framework of the Common Market Protocol on the movement of labour within the East African Community in Uganda? What are the legal challenges affecting the implementation of the common market on the movement of labour within the East African Community in Uganda? What are the Legal consequences of labour migration on the political and socio-economic development in Uganda? Methodology used was data analysis. The researcher sought clarification on the grey areas (CMP) .from officers in MEACA as a coordinating Minister, from an informed point of view gathered by researcher, some of officers had participated in the negotiation and drufting the CMP, data collection methods and instruments, it was based on both the primary and secondary data. xiv Summary of findings was that Uganda, like the other EAC countries, except Tanzania and Rwanda, does not have a social security policy. From independence 1962 to 1985, it operated the colonial system of social security. In 1985 the NSSF Act was passed but due to political instability became operational only under NRM after 1986. Conclusion Labour and social security laws applicable in the EAC countries are diverse, a diversity that potentially hinders movement of labour across the borders. At the same time, the employment policies and strategies -inclusive of social security systems -pursued by the member states are different, hence posing a fitrther challenge to effective integration. For the EAC to integrate }idly and effectively there is need for the member countries to harmonize their labour, employment and social policies, laws and programs. Recommendation of the study was to ensure equity in the EAC integration process, it is essential that measures be taken to address the labour and social security concerns in the process. The findings of this study prompt the following recommendations, which intend to be use.fid to the harmonization of labour and social security laws and regulation in EAC members to fit the Common Market Protocol
Description
A dissertation submitted to the Faculty of Law in partial fulfillment of the requirements of the award of the Degree of Bachelor of Laws of Kampala International University
Keywords
Labour, Legal challenge, Market protocol, Uganda
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