Legal and practical challenges relating to implementation of free movement of persons and labour under the common market protocol: a case study of South Sudan

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Date
2018
Journal Title
Journal ISSN
Volume Title
Publisher
University of Dar es Salaam
Abstract
This study examined the legal framework on implementation of the Common Market in South Sudan. The study was premised on a hypothesis that there are legal and practical challenges in implementation of free movement of persons and labour under the Common Market Protocol (CMP) in South Sudan. To validate or invalidate the hypothesis, the study critically analyzed the existing legal framework in the country as to whether or not is sufficient for implementation of the CMP in the country.Results from this study found out that since the country joined the East African Community, it has not repealed its existing laws on immigration and labour as required under Article 12 of the CMP on harmonization of national labour laws. The study has noted that South Sudan faces both legal and practical challenges in guaranteeing free movement of persons and labour for EAC citizens working in the country. The country’s civil war has made the government have different priorities rather than enacting laws for expediting harmonization of its laws as required by the Protocol. The study notes that the slump in world oil prices had massive effects on the country’s economic situation thereby leading to underfunding of key institutions that should implement the CMP. In addition, results from this study have revealed that there are many important pieces of legislation need to be enacted to guarantee implementation of CMP, for example, Foreign National Employment Management Act; Labour Institutions Act; and the Social Security Benefit Act, to mention a few. The study draws some lessons from Kenya and Uganda labour and Immigration Laws. This study has made some substantial recommendations for implementation of the CMP in South Sudan.
Description
Available in print form, East Africana Collection, Dr. Wilbert Chagula Library, Class mark (THS EAF HD4085.D96)
Keywords
Labour movement, Labour market, Free choice of employment, Man power policy, Tanzania
Citation
Duot, K.A (2018) Legal and practical challenges relating to implementation of free movement of persons and labour under the common market protocol: a case study of South Sudan.Master dissertation, University of Dar es Salaam, Dar es Salaam.