East African partner states are working towards ensuring people can move and work freely in the region by December 31.

Immigration and labour experts from Uganda, Tanzania, Burundi, Rwanda and Kenya have jointly proposed harmonised classification, procedures, forms and fees for issuance of entry/work/ residence permits for the EAC citizens into the partner states. This is expected to be adopted before December 31.

But the partner states have divergent views on the harmonised work permit classifications for non-EAC foreigners, including diplomats, employees of international and civil society organisations, refugees, and foreigners seeking permanent residence.

Mary Makoffu, EAC director of social sectors said that although the partner states have divergent views on foreign classifications, consultations are ongoing and a final report is expected in September for review by the EAC Labour ministers before it is presented to the Heads of States in November for approval.

“The divergent views on some of the proposed classes will give guidance on the way forward in harmonising the classification of the work permits,” said Ms Makoffu.

Tanzania was of the view that class D1 and D2, involving diplomats and employees of international organisations respectively, should not be provided for in the harmonised classifications since they are covered in other protocols.

Burundi, Kenya, Rwanda and Uganda said that the classification should be maintained.

“EAC countries need to prioritise harmonising procedures and work permit fees, labour laws and review their social protection Acts for their citizens to ease the free movement of labour in the region,” said East African Trade Union Confederation chairman Francis Atwoli.

On class N, covering the civil society, Burundi, Uganda and Tanzania have proposed that it should stand alone because it has some special categories, including volunteers. But Rwanda and Kenya said that foreign workers from civil society organisations and non-governmental organisations should fall under Class H since they are also employers.

On Class J, which recognises refugees, Rwanda indicates that it does not have a classification for refugees, as the country is guided by international instruments on refugees. Tanzania said that refugee matters are not within the domain of immigration or labour laws but that they are guided by refugee laws.

Uganda said that it does not have this class as well but there are ongoing discussions on how to handle urban refugees especially those seeking for employment.

Humanitarian bodies

“Refugees are given asylum that is temporary. Partner states should have stringent laws to guide refugee employment matters because the host country should not be involved in the employment processes of the refugees that are to be done by the humanitarian bodies like the United Nations High Commissioner for Refugees,” said Federation of Kenya Employers executive director Jacqueline Mugo.

The EAC Common Market Protocol compels partner states to harmonise classification of work permit and forms, fees and procedures.

But partner states still have different classification for work permits. Tanzania has 13 sub-classes, Uganda and Kenya have nine, while Rwanda and Burundi have two.

Kenya, Rwanda and Uganda have waived work/residence permit fees for nationals of EAC partner states while Burundi and Tanzania charge work/residence permit fees.