Mutual Recognition Agreement The Process By Emily W. Njeru (LS, MISK,) enily@terragisafrica..com 16 th November 2016
Background
The EAC Common Market Protocol 2 nd Stage Common Market Protocol 4 th Stage Political Federation 1 st Stage -Customs Union 3 rd Stage Monetary The second stage of the regional integration process. Signing by the Head of States - 20 th November 2009 Common Market entered into force on 1 st July 2010
Provisions CMP He Free Movement of Goods Free Movement of Persons Free Movement of Labour/Workers Right of Establishment Right of Residence Free movement of Services Free Movement of Capital
Integration of Professional Services Professional Services included in Schedule of Commitments on the Liberalization of Services (2010-2015) Professional Services are regulated by Partner states/self regulated Professional practice need Cross border Mutual Recognition to standardize services and protection of the public
What Is Mutual Recognition Agreement What is MRAs Mutual Recognition Agreement (MRA): an accord where two or more accrediting entities agree to provide equal recognition to specific accreditations separately by each one of the parties to the accord Motivation: the need to ascertain that Professional Accreditation/Qualifications from one country or region will be recognized in another.
Why MRAs? MRAs Enhances the quality of services by increasing the level of competition Generation of a diversity of services-external professionals can fill a national supply gap, where one party experiences limitations in offered services Promote cooperation between professional associations and regulatory bodies, by exchanging information and best practices to the benefit of the professionals. 7
Considerations in MRAs Scope of MRAs Accreditation of Learning Institutions; Examiners and Examining bodies Experience, Length and Nature of Experience Code of Conduct Professional Ethics Standards Disciplinary Procedures Professional development and re-certification Scope of Practice Local Knowledge 8
Hallmark of Effective MRAs Anchored on a deliberate approach to integration which is established across education and training systems and structures and not copied and pasted from other regions; Confront the specific challenges of EAC States while simulteneously emphasising a people s philosophy on various levels of qualification; and Encourage dialogue between professional organisations which recognise the areas of professional activities undertaken by their members and the quality of output of each of these organisations professional qualification. 9
The Legal framework A framework for negotiations and drafting MRAS has been developed to provide reference points Developed benchmarks enable the recognition of external qualifications The Negotiated Annex (VI) - The East African Community Common Market (Mutual Recognition of Academic and Professional Qualifications) Regulations 2011 The Annex provides mechanisms for implementation of the MRAs and to make them legally binding instruments of the EAC. 10
The Successes 1. MRA for the Profession of Architecture -30/7/2011 Republics of Kenya, Rwanda, Burundi and Uganda. Established the East African Institution of Architects. 2. MRA for the Profession of Accountancy -4/9/2011 Republics of Kenya, Rwanda, and the United Republic of Tanzania and MRA established the East African Institutes of Accountants (EACIA) 3. MRA for Engineers -7/12/2012. Republics of Kenya, Uganda and the United Republic of Tanzania. The Republic of Rwanda acceded to it in February 2016. 4. MRA for Doctors and Dentists Board guarantees enjoyment of professional rights and subjection to disciplinary measures. 11
MRAs in the Process 1. Surveyors 2. Veterinary and Para-veterinary professionals 3. Legal profession ( Lawyers/Advocates) 4. Nurses and midwives 5. Pharmacists 12
The Surveyors Experience...?
Land Surveyors MRA Road Map Commenced the surveyors negotiations in Feb 2015- Nairobi KEN Negotiations held-may 2015- Kampala UG Drafting MRA- May 2015- Arusha TZ Validation- Oct 2016 Arusha TZ Signing and Ratification by Partner State- Dec 2016 Arusha TZ
Implementation Challenges Slow development / harmonization of rules and regulations Resistance to some professions in some Partner States Different legal systems i.e. Civil and Common law Limited Resources National Sovereignty concerns and protectionism and limited liberalized areas Work permit fees and residency; Enforcement issues and perceived influx of nationals of other Partner States due to limited information on EAC integration process. 15
Implementation Challenges (cont.) MRAs Challenges Issues at EAC level on link between Annex V (trade in services commitments) and Annex II (free movement of workers) - Decision has been taken to de-link the two annexes, clean up the schedules, and amend the Protocol Non-Recognition of negotiated MRAs as instruments of the EAC Status of concluded MRAs and applicability Binding of Partner States to the MRAs Definition of professional 16
Lessons Be aware of professional Reciprocity in partner states before commencement. Familiarization with the EAC integration process both procedure and stage together with the CMP and relevant Annexes. Consider source of financing for the negotiation process Have commitment from the competent Authority and Professional body As in any negotiation Know your position and Keep an open mind!
The Way Forward...?
Integrating the Landed Profession In most Partners States The professional Bodies have two distinct professional disciplines The land surveyors and Valuers Decision was made to start with the Land surveyors MRA Road map successfully coming to an end in Dec 2016 Recommendation: Take the Lessons and commence the Valuers Mutual Recognition Agreement
THE END Thank you!