Harmonisation of Social Security Laws in the East African Community: A Myth or Reality?

Ezekiel, Rindstone Bilabamu (2021) Harmonisation of Social Security Laws in the East African Community: A Myth or Reality? African Journal of Law and Practice, 1 (1). 1-63p. ISSN 2683-6483

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Abstract

The treaty for the establishment of East African Community (EAC), 1999 (as amended) and the Protocol for Establishment of the East African Common Market (EAC CMP) 2009 provide for harmonisation of national social security laws of Partner States for benefits of EAC citizens. A self‐employed person who is in the territory of one Partner State has a right to join a social security scheme of another Partner State in accordance with national laws of Partner States. However, existence of uniform application of EAC law on social security benefits provisioning and the type of harmonisation that is desired by Partner States in addressing conformity to the community law for benefits of labour mobility raises questions. EAC citizens cross national borders for employment under the EAC citizenship right sand expect equal social security benefits under harmonised laws. It remains unclear as to what type of harmonisation of social security laws operates under the EAC law. This study uses doctrinal legal scholarship and comparative study methodology to examine tools and type of social security harmonisation that is applied within Partner States under the community law. An overview of national constitutional set-up of EAC Member States regarding treatment of EAC citizens and entrenchment of the right to social security in national constitutions is presented. Some pitfalls in the application of the principle of harmonisation are analysed and finally the author recommends, among other things, for(i) working-out a regional wide model law for social security portability that is likely to govern exportability of benefits across national borders for uniform implementation of social security laws within the EAC and (ii) enactment of similar national laws on social security by all EAC partner states, hinged on the provisions of the Treaty and implementing protocols. Key words: social security, harmonisation, approximation of laws, EAC law, convergence, standard harmonisation, minimum harmonisation.

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