Browsing by Author "Makoko, Charles Elirehema"

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    Implementation of the right to free movement of workers in the East African Community: Examination of the law and practice
    (Mzumbe University, 2019) Makoko, Charles Elirehema
    This study examined the implementation of the right to free movement of workers in the East African Community guaranteed by the Protocol on the Establishment of the EAC common market. The study was prompted by the fact that although the protocol on the establishment of the EAC common market guarantees the right to free movement of workers in East Africa, literature seem to suggest that the municipal labour laws and policies of the EAC partner states are unfavorable to facilitate the implementation of the said right. The general introduction is provided under chapter one while chapter two presents conceptual framework of the study. Chapter three gives the legal framework for free movement of workers in East Africa. Free movement of workers in other economic communities is provided in chapter four. Research findings are covered under chapter five while chapter six gives summary, conclusion and recommendations. The study involved the three EAC founding partner states: Kenya, Uganda and Tanzania. Data from all the three states was collected mainly through documentary review. However, face to face interviews were also conducted in order to get practical experiences to complement documentary data. Interviews involved a sample of 61 persons selected through purposive sampling. The data obtained from both documentary review and face to face interviews were analysed through qualitative methods. The study found that there is partial implementation of the right to free movement of workers in East Africa. The impediments to full implementation of the right to free movement of workers is caused by diversity in labour laws and policies, conflicting immigration laws and policies and lack of political will due desire to protect domestic labour markets by partner states. Best practices in this view point can be drawn from the European Union. The study recommends for fulfillment of partner states obligations in good faith, formulation of EAC harmonization policy and other policies, enforcement of the EAC Law, harmonisation of Annex II and Article 10 of the Protocol, maintenance of institutionalism approach by the EAC partner states and adherence to the EAC directives and recommendations.