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{
    "id": 762727,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/762727/?format=api",
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    "content": "of the EAC Heads of State in February 2015 and thereafter signed by the partner states’ respective Ministers during the 31st meeting of the Council of Ministries held in April 2015. The Protocol was subsequently approved by the 16th Summit of the East African Community (EAC) Heads of State in February 2015 and thereafter signed by the partner states respective ministries during the 31st Meeting of the Council of Ministries held in April 2015. The Council then directed the partner states to finalise ratification of the Protocol and deposit their respective instruments of ratification with the EAC Secretary-General. The application of the Protocol does not anticipate any amendment to the Constitution and Members should take note of that. What are the objects of the Protocol and what does it provide for? 1. Immunities of the property and assets of the Community by partner states from legal processes, except where the Community has expressly waived this immunity, provided that the waiver does not extend to attachment of property and assets. 2. Protection of the funds of the Community against attachment, theft, exploitation and any other form of interference whereby executive, administrative, judicial or legislative action can be taken. 3. Tax exemptions for the Community properties except charges for public utility services, funds and property availed to the Community for its functions and customs duty on imports and exports in respect to articles imported or exported to the Community for official use. 4. Facilities in respect of official communication where partner states are to ensure that the Community enjoys in the territory of each partner states for its official communication, treatment not less favourable than that accorded to similar international organisations. 5. Privileges and immunities of persons employed in the service of the Community in respect to immunity from civil processes in the performance of their official duties. 6. Exemptions from taxation on salaries and emoluments, and 7. Exemptions from customs duties and other taxes as well as immunities from immigration restrictions. Allow me to briefly further give a scrutiny of the provisions of the Protocol. In the preamble, it provides for the aspirations of the Community in providing for the Community and persons employed in the service of the Community with immunities and privileges as are necessary for proper discharge of the functions under the treaty. Under Article 1, it provides for the definition of various terms as used in the Protocol such as “persons employed in the service of the Community” which means persons engaged in rendering service to the Community including staff of the Community, members of the East African Legislative Assembly (EALA) and judges of the East African Court of Justice. It also provides for definition of the premises of the Community which means the buildings and the land thereto, irrespective of ownership, used for the purposes of Community in the partner states. Article 2 provides for the objective of the Protocol which in this case is to standardise the status, privileges and immunities given to partner states to the property and persons in the service of Community. Article 3 provides for the scope of the Protocol where it is to apply to all properties, funds, tax exemptions, facilities for official communication of the Community and privileges and immunities of persons employed in the service of the Community. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}