PhD Theses

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Approximation of competition rules within the eac partner states:a case study of Tanzania, Kenya and Rwanda
(University of Dar es Salaam, 2018) Sabby, Francis
This study was aimed at examining the extent to which Partner States to the East African Community (EAC) have complied with the Treaty obligation requiring them to approximate their competition laws for purposes of enhancing the effectiveness of the Common Market and Customs Union. Basing on the stated aim, the hypothesis governing the study was that the EAC Partner States have largely ignored their Treaty obligation to approximate their competition laws. This situation is considered to be detrimental in fostering the contemplated political federation. For purposes of data collection, the methodology used was mainly qualitative. The study has found that the EAC Partner States have not completely ignored their Treaty obligation to approximate their respective competition laws; they have made some efforts towards approximation of their competition laws. However, considering the magnitude of what is expected of them, it is fair to conclude that the said Partner States have not done enough. This is mainly associated with lack of political will and serious commitments on the Partner States. The study has also noted that some of the Partner States have no competition laws in place. This is said to be the major challenge towards accomplishment of the approximation process. The reason is simple; you cannot approximate if there are no laws to be approximated. This work therefore recommends, among others, that the Partner States should fully align their competition laws with the EAC Competition Act, which is the model law in that regard.
Assessing the monetary union in east Africa with special reference to legal and practical challenges relating to financial markets integration
(University of Dar es Salaam, 2018) Rwechungura, Edson Paschal Stanislaus
This thesis titled “Assessing the Monetary Union in East Africa with Special Reference to Legal and Practical Challenges Relating to Financial Markets Integration” has as its main objective the examination of the role of harmonization of the law in integrating financial markets in East Africa and its contribution in the efforts of the partner states to finally achieve a monetary union. It examines the legal and practical challenges in the way of the EAC’s efforts to integrate economically. It addresses the problem of disparities in the legal and regulatory frameworks of the Partner states which tend to create distinct markets for each state. It proceeds under the hypothesis that these differences hinder complete integration of financial markets. It partly proves the hypothesis that there are differences in EAC Partner. It makes a very important observation that there is lack of co-ordination of the domestic legal and regulatory systems of the Partner states. As a result domestic financial markets remain segmented. The study observes that even the Directives adopted by the East African Council of Ministers in 2015 while the research was under way are not enough to bring the required integration because they concentrate on making internal laws similar but not work in harmony. It observes that the EAC is not yet committed to have full integration of its markets as the countries are eager to maintain the autonomy in regulation of their markets. The thesis gives valuable recommendations to rectify the situation including structuring domestic laws in such a way that they rhyme with those of the Community as well as develop institutional integration for those institutions which engage in financial markets such as banks, stock markets and regulatory bodies. The thesis is very useful in the EAC context because it provides important inputs for achievement of a meaningful monetary co-operation in this area.
Harmonising income tax laws within the east African community common market a critical assessment of its viability
(University of Dar es Salaam, 2014) Nahayo, Anatole
This thesis examines the effort and strategies for the harmonisation of income tax laws within the East African Community. It critically analyses the income tax laws of the Partner States of the East African Community, to assess their compatibility and amenability to the harmonisation effort. The objective, on the one hand, was to critically assess if the effort is a viable option, and on the other hand, to explore, if it is feasible to stretch the effort further and establish a single unified income tax system within the Community. Qualitative approach, documentary review, interviews and observation were adopted for collection of data. The findings from the research carried out, caution on the real danger posed by the still wide disparities in economic levels, the different economic endowments and other factors, which still hold the Partner States to focus more on municipal objectives than the professed integration. The study does not spell impossibility of the drive; rather, it identifies the follies which need to be surmounted if success is to be recorded. It recommends the re-examination of approaches in order to avoid the challenges that have persistently dogged multilateral arrangements on taxation. That the Community cannot employ bilateral mechanisms to bring about a multilateral tax regime. The premonition from the very beginning has been that talking of harmonisation of income tax systems within the Community, instead of unification of the systems, spelt of doom. In this context, therefore, this study is not only cautionary, but also rescue based.
The impact of regional integration on human rights protection in Africa
(University of Dar es Salaam, 2013) Ngendahiman, Jean-Bosco
The history of the world, both ancient and modern has shown and continues to show that states, left to themselves, cannot be trusted to protect their citizens and other residents against arbitrary, discriminatory and other repressive acts and decisions of state officials acting in the name of the state. It is in this context that the choice of the topic: “The Impact of Regional Integration on Human Rights Protection in Africa” intends to highlight the existing mechanisms of human rights in REC while searching how effective they can be implemented for the betterment of the human rights protection.Indeed, sixty-five years after the United Nations adopted the 1948 Universal Declaration of Human Rights and almost thirty years after the OAU adopted its Charter, the human rights situation on the African continent is decidedly bleak. The System of Human Rights Protection, founded under the Charter, suffers from serious defects. Given the causes of human rights violations in Africa, the researcher is convinced that the system of human rights protection which is people centered will curb passive complicity among African leaders. Contrary to the lack of commitment experienced at the level of African Union in terms of human rights protection, it is notable that RECs have already granted direct access to individuals in their constitutive treaties. It is with hope that these arrangements will impact on the cause of human rights in their respective jurisdictions in case courts’ decisions are respected by the convicted states.
Protection of human rights in east Africa by human rights commissions a case study of Tanzania
(University of Dar es Salaam, 2015) Kasanga, Kalekwa
The general objective of this study is to examine the effectiveness of the implementation of the recommendations of CHRAGG in protecting human rights in Tanzania. The study has made reference to similar institutions in other East Africa Community Partner States for the purpose of borrowing best practices. In this study documentary review and field research were employed as methods of collecting primary and secondary data. In documentary review secondary data were collected through reading various books, journals, reports, statues, cases, international instruments relevant to this study. Besides, several databases such as openDOAR and websites were consulted to access current online materials on the implementation of recommendations of NHRIs of other East Africa countries. In field research interviews and questionnaires were used as methods of collecting primary data from various correspondents. The study revealed that, recommendations of CHRAGG are substantially not implemented. It was further revealed that there are various legal and institutional challenges which hinder the implementation of its recommendations. Consequently, this study recommends that the Government should fund CHRAGG adequately to enable it to fulfill its human rights protection mandate effectively. In addition, the law establishing CHRAGG should be reviewed to facilitate the implementation of its recommendations. This study also recommends that CHRAGG should borrow a leaf from other National Human Rights Institutions (NHRIs) within East African countries to improve some of the aspects which affect the implementation of its recommendations.
Protection of human rights in east Africa by human rights commissions a case study of Tanzania
(University of Dar es Salaam, 2015) Kasanga, Kasekwa
The general objective of this study is to examine the effectiveness of the implementation of the recommendations of CHRAGG in protecting human rights in Tanzania. The study has made reference to similar institutions in other East Africa Community Partner States for the purpose of borrowing best practices. In this study documentary review and field research were employed as methods of collecting primary and secondary data. In documentary review secondary data were collected through reading various books, journals, reports, statues, cases, international instruments relevant to this study. Besides, several databases such as openDOAR and websites were consulted to access current online materials on the implementation of recommendations of NHRIs of other East Africa countries. In field research interviews and questionnaires were used as methods of collecting primary data from various correspondents. The study revealed that, recommendations of CHRAGG are substantially not implemented. It was further revealed that there are various legal and institutional challenges which hinder the implementation of its recommendations. Consequently, this study recommends that the Government should fund CHRAGG adequately to enable it to fulfill its human rights protection mandate effectively. In addition, the law establishing CHRAGG should be reviewed to facilitate the implementation of its recommendations. This study also recommends that CHRAGG should borrow a leaf from other National Human Rights Institutions (NHRIs) within East African countries to improve some of

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