POLICY REVIEW trade
Laying an institutional foundation for the trade protocol
As negotiations on tariff reduction schedules come to a close, the focus is increasingly shifting to the establishment of an effective institutional framework for implementation of the SADC Trade Protocol.

SADC member states are reportedly finalising their tariff schedules and are expected to submit them to trade ministers in July. A breakthrough has been made with the downlisting by most countries of textiles and clothing from the list of sensitive products to the gradual reduction category.

According to trade officials, outstanding issues remain on technical areas of implementation relating to rules of origin – local content of imports and exports. These technical issues are, however, expected to be thrashed out at the next meeting of the trade negotiations forum scheduled for Gaborone, Botswana.

Through the Trade Protocol, SADC intends to establish a free trade area. The target date for tariff reduction was set for January 2000, and the process is expected to take up to eight years.

The ratification of the SADC Trade Protocol is a pre-condition for its implementation. By June this year, only five countries had ratified – Botswana, Mauritius, Namibia, Tanzania and Zimbabwe. Other member states are in the process of doing so.

Some of the issues cited as hindering the ratification process relate to:

  • The viability of Small and Medium Enterprises which are endangered in the absence, or inadequacy, of effective regional policy measures in the Trade Protocol that guarantee their survival. It is therefore recommended that technical assistance be sought to undertake impact studies and develop measures for SMEs for incorporation in the protocol.
  • The business community which lacks adequate knowledge about provisions of the protocol, and as such greater awareness is needed, possibly by way of a guideline information manual.

A committee of four SADC countries set up two years ago to deliberate on the institutional needs for the implementation of the protocol, has had two meetings so far. Its second, recent meeting was in Lusaka, Zambia, in June. The meeting deliberated on a report compiled by a consultant appointed to inform the committee on the best institutional mechanism for implementation of the protocol.

There was general consensus at the Lusaka meeting that the free trade area should substantially include all trade and that the list of sensitive products be kept small.

The committtee made a number of observations and recommendations that will be taken to the Committee of Senior Officials for consideration and onward submission to the Committtee of Ministers of Trade.

At present, the SADC Industry and Trade Coordination Division (SITCD), which falls under the civil service of the Tanzanian government, is the only institution in place to coordinate the implementaion of the Trade Protocol. However, according to the consultancy report, SITCD is structurally constrained and therefore needs to be strengthened, an observation admitted by the Committee of Four.

The trade protocol states that the sector coordinating unit shall:

  • Coordinate the day-to-day operations in the implementation of the protocol;
  • Provide technical and administrative assistance to the Council of Ministers of Trade, the Committee of Senior Officials and the Trade Negotiation Forum;
  • Provide assistance to subsidiary committees, sub-committees and panels established to implement the protocol;
  • Work closely with the private sector; and
  • Identify research needs and priorities in the trade area.

However, the Committee of Four observed that these provisions are inadequate for the effective implementation of the protocol for reasons that include lack of resources on the part of SITCD.

It was also recommended that the trade portfolio be separated from the Industry and Trade Coordinatinng Unit to allow for the creation of a mechanism of implementation which will be regional in character.

This would also “allow the unit to be impartial in carrying out its arbitration functions”. SITCD without the trade portifolio will remain as the Industry Sector Coordinating Unit.

“Tanzania shall remain responsible for the overall coordination of the policy aspects of both trade and industry matters,” says the committtee report.

For much more effective and efficient implementation of the SADC Trade Protocol, the Committee of Four recommended the setting up of a Trade Implementation Unit. The unit, according the committee report would work closely with the Trade Facilitation and Customs Committees, the Trade Negotiation Forum and the SADC Secretariat as well as other relevant SADC institutions, and the Industry Sector Coordinating Unit.

The Trade Implementation Unit, if approved, would among other issues, fulfill what were previously envisaged as responsibilities of the current sector coordinating unit.
In addition, the unit would:

  • Prepare annual schedule of meetings in close consultation and coordination with the Industry Sector Coordinating Unit;
  • Collect, prepare, circulate papers, documents and any other information which may be required to facilitate the implementation of the protocol;
  • Perform any other secretarial and administrative duties related to implementation of the protocol and other trade-related matters;
  • Assisting national trade an customs agencies/institutions in computerisation and establishment of interactive trade data and information systems; and
  • Establishment and maintenance of a documentation centre/unit for trade-related publications, documents, agreements and legislation.

While the Trade Implementation Unit can only play a facilitating role, the primary responsibility for implementation of the trade protocol, will however, fall on the memeber states themselves.

Note: The SADC Committee of Four comprising Mauritius, Namibia, Tanzania and Zambia was formed by a decision of the special SADC Industry and Trade Ministers Committee held in Da-es-Salaam on 18 August 1997.
The Committee was formed to consider and propose an effective and efficient regional institutional arrangement for the implementation of the Trade Protocol.


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