RESEARCH Paper LEVERAGING THE AGRICULTURE SECTOR THROUGH TRADE: OPPORTUNITIES AND CHALLENGES IN THE EC-EAC EPA. Agriculture and Development

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2009 RESEARCH Paper LEVERAGING THE AGRICULTURE SECTOR THROUGH TRADE: OPPORTUNITIES AND CHALLENGES IN THE EC-EAC EPA. Agriculture and Development Part of a series of Publications by CUTS-GRC in conjunction with National Partners and under the Assistance of the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ), BIEAC Project. By Julian Mukiibi CUTS Geneva Resource Centre 7/16/2009

1. Introduction: The agriculture sector plays an important role in the East African Community (EAC), where 80 percent of the population lives in rural areas and depends on agriculture for their livelihood. It s also one of the region s major sectors, the others being services, manufacturing, and mining. 1 The sector contributes about 70 percent of the EAC exports to EC and is a major foreign exchange earner as well as employing the majority of the rural population in the region. The Economic Partnership Agreement between the European Commission and EAC (herein in after referred to as EC-EAC EPA), presents an opportunity for the EAC to fully explore and enhance the Agriculture sector s potential through trade. Indeed among the EC-EAC EPA s objectives is to contribute to economic development through the establishment of a strengthened and strategic trade and development partnership consistent with the objective of sustainable development and promoting the gradual integration of the EAC economies, and their diversification and competitiveness by enhancing their production; supply and trading capacity. 2 The EAC s comparative advantage lies in the agriculture sector and this coupled with the ever expanding domestic and global agricultural markets as well as the revolution in biotechnology and information technology present an opportunity for the region to use the sector in promoting development and the livelihood of its people. This paper therefore examines the potential and opportunities for the Agriculture sector to enhance development in the EAC through a well drafted agriculture chapter in the EC-EAC EPA; that addresses the challenges faced by the sector providing the means to achieving development through trade. 1 A guide to EAC facts and figures available at http://invest.eac.int/ 2008 figures accessed on 16 th July 2009 2 Agreement establishing a framework for an Economic Partnership Agreement between the EC and EAC; Article 2 (a) and (c). 1 Research Paper CUTS Geneva Resource Centre

2. State of Play of the Agriculture Sector in the EAC: Agricultural products in the EAC contribute substantially to the total merchandise exports from the region, with a higher dependence on tropical products such as sugar, bananas, coffee, tea and tobacco. The sector therefore requires more attention in the EPA setting in order to fully exploit its potential. The table below shows the contribution of tropical products to the total merchandise exports of the EAC in the period 1995 and 2004. EAC Tropical Products Exports as percentage of Total Merchandise Exports: 3 Country Tropical Products as Percent of total merchandise Composition of Tropical Products Exports 2004 1995 2004 Burundi 88 47 Coffee 80% Kenya 44 31 Tea 56% Rwanda 46 31 Coffee 93% Tanzania 51 20 Tobacco 25%, Cotton 20%, Coffee 20% Uganda 74 21 Coffee 51% The EAC region is well endowed with water resources consisting of rivers, dams, swamps, lakes, and underground water. These if well exploited for irrigation coupled with the use of modern farming techniques, would enhance the agriculture production leading to increased trade in the products and thereby contributing to development and better livelihood for the majority of the population. 3 Adopted from the ICTSD FAO Information note number 5, March 2008, Trade Barriers Faced by Developing Countries Exporters of Tropical and Diversification Products. Pg. 6 2 Research Paper CUTS Geneva Resource Centre

In the last decade the producer prices for agricultural commodities has risen by 30% to 50%. 4 If the EAC region were supported in the acquisition and access to the necessary farm in-puts that are often unaffordable by the ordinary farmers, the agricultural sector would contribute more dividends from the trade preferences enjoyed. Some of the partner states in the EAC region have well developed and privately owned agro-processing industries, this coupled with the development of export processing zones and manufacturing-under-bond that are fast expanding, will lead to value addition and hence better terms of trade for the agricultural products. 5 The market preferences under the EAC-EC EPA would encourage increased supply of the developing industries with raw materials leading to overall development through trade. Installation of better infrastructure in terms of reliable power supply, well maintained feeder roads and storage facilities would further expand these industries across the region and thereby fully exploit the potential in the agricultural sector. The EAC region has seen the introduction of rural saving and credit cooperatives and micro-finance institutions, which channel funds to be invested in agriculture; such initiatives if well developed, would go a long way in enabling the community to better utilize the market access opportunities presented by the EAC-EC EPA. 2.1 Potential Opportunities for the Agriculture Sector in the EAC: The EC market presents an opportunity for the EAC to benefit from the huge demand for fair trade goods most of which are agricultural commodities. EC consumers currently purchase fair trade products worth 1.5 billion euro s per year and the market represents between 60% and 70% of the global sales for fair trade products. 6 4 See the Agriculture and Rural Development Strategy for the East African Community (2005-2030) that discusses the status of agriculture and rural economy in East Africa. P46. 5 Ibid p.40 6 Fair Trade Communication, June 12 2009. Available at www.internationallawoffice.com. Accessed July 1 2009. 3 Research Paper CUTS Geneva Resource Centre

The fair trade concept refers to a trading partnership based on dialogue, transparency and respect that seeks greater equity in international trade. It contributes to sustainable development by offering better trading conditions to, and securing the rights of marginalized producers and workers, especially in the southern hemisphere. 7 By accessing this market through the preferences availed in the EPA, the agriculture sector which has the most potential for growth and development in the EAC would go a long way in contributing to development in the region. The EC also constitutes a big market for organic products, a niche that could be exploited by EAC through promoting trade of organic agricultural products under the preferences presented in the EC-EAC EPA. Encouragingly the EAC has already adopted a regional organic standard, which inter-alia advocates for more education and sensitization of farmers on the economic advantages of organic farming. 8 Organic production is well suited for resource poor farmers in the region who are less dependent on external resources. The regional organic standard will enable the EAC to gain recognition for their certified organic products through development of a robust regional label. However accessing the EU organic products market requires adherence to the regions regulations on organic production and labeling, these call for 95% of the product to be organically produced; therefore the EAC must lay strategies to ensure that its agriculture sector can produce products for this market in order to fully utilize the preferences in the EAC-EC EPA and thereby contribute to development in the region. 9 2.2 Challenges faced by the Agriculture Sector in the EAC: For the EAC region s agricultural sector to fully harness its potential through the EC-EAC EPA, the challenges faced by the sector need to be addressed some of these are discussed hereunder. 7 Ibid 8 Bridges Trade BioRes 22 June 2007 Vol. 7 No.12 9 Ibid 4 Research Paper CUTS Geneva Resource Centre

The domestic and export subsidies granted by developed countries to their agricultural products that are substitutes and/or competitors of the agricultural products from Sub- Saharan countries depress international prices and result in unfair competition in the international markets. An analysis of the US cotton subsidies in the WTO cotton case illustrates the extent to which these subsidies depress the market prices to the detriment of the developing countries involved in the production of cotton. For the EAC to benefit from the EPA preferences, the issue of subsidies grated by the EC to its agriculture sector needs to be addressed. The sanitary and phytosanitary measures as well as compliance standards required to access the developed countries markets such as the EC are quite challenging to most agriculture producers in the EAC. There is need for capacity building coupled with the required assistance to produce and package the agriculture products in the manner required so as to make use of the preferences under the EPA. 10 The EAC is also faced by internal constraints and challenges that need to be addressed for the region to fully benefit from the preferences extended by EC under the EPA. There is poor management of the farmer s organizations in the region characterized by declining quality of services, weak financial management and misallocation of resources. This has largely deterred the agriculture sector from negotiating for better policies and allocation of resources required in overcoming the challenges faced. 11 There is hence a need for effective policies that would encourage investment in the agriculture sector by both local and foreign investors hence boosting the regions trade and its people s welfare. The legal and regulatory framework pertaining to the agriculture sector in the region is weak and in some cases obsolete, this has led to the proliferation of poor quality agricultural inputs such as fake seeds/fertilizers, and substandard vaccines, counterfeit 10 For further discussion on this, see Standards and Market Access under EPAs: Implications and Way Forward for EAC. Available at www.cuts-grc 11 Ibid 5 Research Paper CUTS Geneva Resource Centre

and adulterated agro-inputs that have resulted in a decline in agricultural production. These unscrupulous trading practices need to be addressed through harmonization of laws and regulations in the region, including updating them in order to redress and deter the harmful practices. The land tenure system in the EAC is in itself a major challenge to the full exploitation of the agriculture sector. The region has over 69 million hectares of high potential agricultural land, with suitable climatic conditions for the production of various crops and livestock, 12 however most land is still communally owned making it difficult to permanently improve or use as security in accessing the much needed financial services. Further still the land holdings are also fragmented making large scale undertakings in the sector unviable. The region will need to develop an appropriate land tenure system, for it to fully exploit the potential in the sector. The poor state and in some cases lack of physical infrastructure in the region, such as rural roads, irrigation, storage, marketing, communication and reliable energy supply; make the farm gate to market costs very high and impede the full exploitation of the agriculture sector s potential. It is well documented that the costs of transporting goods say from Kampala (Uganda s capital city) to Mombasa (the sea port route to access the EC market), is much higher than the cost of transporting the same goods from Mombasa to the EC, a much longer distance. This negatively affects the competitiveness of the products from the region. The EAC region has a potential of about 30.35 million hectares of land suitable for irrigation, out of which only 377,000 hectares are currently under irrigation, leaving a big chunk of untapped resources. 13 There is need for better technology and management of irrigation schemes in order to fully exploit the available land resources in the region and hence fully harness the benefits enshrined in the EPA preferences. 12 Supra footnote 4 p.53 13 Supra footnote 4 p.55 6 Research Paper CUTS Geneva Resource Centre

3. EC-EAC EPA Chapter on Agriculture: In recognition of the vital role and contribution that the agriculture sector plays to the EAC, it was agreed that a separate chapter be included in the EPA, to specifically deal with the sector. To this end negotiations are under way and a draft chapter has been tabled. The draft chapter outlines the following as its objectives: 14 Achieve food security, and improve the standard of nutrition in the EAC partner states by increasing output, quality, availability and accessibility. Improve standards of living and eradicate poverty in the rural areas through increased income generation from agriculture production, processing, storage and marketing. Develop modern and competitive agro-based industrial base to increase competitiveness. Encourage the development of new and appropriate technologies that improve the productivity of land and labor in agriculture. Promote sustainable use and management of natural resources in order to conserve the environment. Promote value added and improved agricultural productivity. Facilitate the adjustment of the agricultural sector and the rural economy, to the progressive global changes while paying attention to small scale operators. 14 See the EC-EAC EPA draft chapter on Agriculture as at March 2009, subsequent versions may vary. 7 Research Paper CUTS Geneva Resource Centre

Improve infrastructure for marketing and distribution of agriculture products in the region. The chapter also addresses the issue of agricultural export subsidies, wherein the parties undertake not to introduce any new subsidy programs contingent upon export or increase any existing subsidy on products destined for their territories. Inclusion of a separate chapter on agriculture in the EC-EAC EPA is a positive step and the objectives outlined above, if pursued would greatly enhance the EAC s capacity to fully utilize its potential in the sector. Be that as it may, the agricultural sector in the EAC region is the most suited to trigger the much anticipated social and economic development leading to reduction in poverty, through trade partnership with the EC. It is therefore imperative that provisions governing the chapter on agriculture, translate into enhancing the sector, by not only providing the much needed solutions to the challenges faced but also capable of preventing any counter effects resulting from the liberalization process, such as dumping. To this end the chapter should entail specific development provisions directed at addressing the challenges faced in the region; these include but are not limited to the following: EC commitment to reducing or ceasing the trade distorting subsidies on agricultural products of interest to the EAC. Support and enhancement of the EAC region s capacity to comply with the EC SPS measures and agricultural products standards (including the private standards). Development, rehabilitation and improvement of the physical infrastructures in the EAC region, such as roads; storage facilities; rail; communication and energy, 8 Research Paper CUTS Geneva Resource Centre

in order to facilitate the smooth and less costly movement of agricultural products from the farm gate to the market, including value addition. Development support for the improvement and widening of the irrigation schemes that would enable efficient use of the available agricultural land in the region, including its use in an environmentally sustainable manner adaptable to weather vagaries. Support for better organized and functional farmers organizations that would facilitate information flow, and better lobbying for the farmers interests. Support to re-organize the land tenure system so as to make it more suitable for commercial farming. This would also encourage more investment in the sector by both local and foreign investors. Support to implement a legal and regulatory framework capable of deterring the proliferation of poor quality agricultural in-puts and thereby enhance the regions capacity to produce and access the lucrative organic products market in the EC. Include a special safeguard mechanism specific to the agriculture sector, that would counter flooding of the EAC with subsidized agriculture products, while at the same time enabling EAC to respond to the food crisis s that may occur as was recently the case. An ideal chapter on agriculture is one that will be cognizant of the above issues and if included, it would go a long way in achieving the EC-EAC EPA objective, of developing the region while at the same time alleviating the poverty levels faced by the majority of its population. 9 Research Paper CUTS Geneva Resource Centre

4. Recommendations/Conclusion: For the EC-EAC EPA to achieve its economic development objective in the East African region the challenges and constraints faced by the agriculture sector must be addressed and hence the need for a separate development fund directed to the sector. This calls for specific support to address the challenges discussed above, which if overcome would enable the EAC to access the EC market and thereby utilize the preferences enshrined in the EPA. Policy makers in the EAC should also give the agriculture sector the attention it deserves, considering its potential to contribute substantially to the development needs of the region. To this end the following specific action is required: Honoring the Maputo decision to allocate 10% of the national budgets to the development of the agriculture sector. Facilitating and improving the national agricultural research and extension facilities, including harmonizing them at a regional level. Facilitate and improve access to financial services by the rural farmers. Encourage and facilitate public private partnership in the agriculture sector, by consulting the private sector in the policy decisions. This would create the spirit of ownership of the policies and encourage cooperation in their implementation. The above measures would complement the development assistance from the EC and thereby enable the EAC to leverage its agriculture sector through trade preferences under the EC-EAC EPA. 10 Research Paper CUTS Geneva Resource Centre

References: Agreement establishing a framework for an Economic Partnership Agreement between the EC and EAC. Bridges Trade BioRes 22 June 2007 Vol. 7 No.12 Fair Trade Communication, June 12 2009. Available at www.internationallawoffice.com. Bridges Trade BioRes 22 June 2007 Vol. 7 No.12 ICTSD FAO Information note number 5, March 2008, Trade Barriers Faced by Developing Countries Exporters of Tropical and Diversification Products. Agriculture and Rural Development Strategy for the East African Community (2005-2030) that discusses the status of agriculture and rural economy in East Africa. Standards and Market Access under EPAs: Implications and Way Forward for EAC. This Research Paper is written by Julian Mukiibi, Research Officer at CUTS Geneva Resource Centre (CUTS GRC) as part of a series of publications by CUTS GRC in conjunction with national partners and under the assistance of the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ). CUTS International 2009. This Research Paper is published by CUTS Geneva Resource Centre, 37-39, Rue de Vermont, 1202 Geneva, Switzerland, Ph: +41.22.734.6080; Fx:+41.22.734.3914, E-mail: geneva@cuts.org, Website: www.cutsgrc.org. CUTS Research Papers are to inform, educate and provoke debate on specific issues. Readers are encouraged to quote or reproduce material from this paper for their own use, but CUTS International requests due acknowledgement and a copy of the publication. 11 Research Paper CUTS Geneva Resource Centre