eac political federation

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APRESENTATION ON
COOPERATION IN POLITCAL AFFAIRS
GOVERNANCE, PEACE AND SECURITY AND
FOREIGN POLICY COORDINATION
1
SCOPE OF THE PRESENTATION
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Introduction and history of EAC integration
Overview of the EAC Treaty, Objectives and
fundamental principles of the Community
Overview of the stages of integration
Organs and institutions of the EAC
Cooperation in Political Affairs
Cooperation in Peace and Security
Cooperation in Defence
Foreign Policy Coordination
2
Introduction
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
The Vision of the EAC is to have a prosperous
competitive, secure and politically united East
Africa through 4 stages of integration, namely:Customs Union, Common Market, Monetary Union;
and ultimately a Political Federation.
The objectives of the EAC are guided by its
Mission, which is:
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to widen and deepen economic, political, social and
cultural integration;
improve the quality of life of the people of East Africa
through increased competitiveness, value added
production, trade and investment for mutual benefit.
3
OBJECTIVES OF EAC
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Article 5 of the Treaty
Main Objective is to develop policies and programmes
aimed at widening and deepening integration in political,
economic, social and cultural fields, science and
technology, defence, security, legal and judicial Affairs.
Further elaboration of the objectives are set out on Art
5(2) and (3) and areas of cooperation in the sectors
outlined from Chapter 11 to 27 of the Treaty.
The initiatives, policies and milestones so far achieved
and the progress made will be outlined in the
presentations on EAC projects and programmes in
subsequent sessions of this Training
4
Facts and Figures about the
EAC
1.
Comprises the Republics of Burundi, Kenya,
Rwanda, Uganda and the United Republic of
Tanzania
2.
Combined population of approximately 122
million
3.
Total combined area of 2.01 million sq km
4.
Total GDP of 40 billion
5
Fundamental principles of the
Community
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The fundamental principles that guide achievement of the
objectives of the Community:  Mutual trust, political will and sovereign equality;
 Peaceful co-existence and good neighbourliness;
 Peaceful settlement of disputes;
 Adherence to the principles of good governance,
democracy and rule of law;
 Transparency and accountability;
 Promotion of human rights and social justice;
These principles form the benchmarks for integration and for
admission of new members to the EAC.
6
HISTORY OF EAST AFRICA’S REGIONAL INTEGRATION
1900 Mombasa established as a Customs Collection centre
for Uganda
1905 Currency Board set up to issue currency for Kenya
and Uganda
1917 Customs Union established between Kenya and
Uganda – Tanganyika joined in 1922
1948 High Commission established
1961 Common Services Organisation established (East
African Posts and Telecommunications, East African
Railways & Harbours, East African Airways, East
African Air Aviation Services, East African Development
Bank
1967 The Treaty establishing the community Signed
1977 The then Community collapsed
1984 Mediation agreement signed for division of assets 7
and liabilities
WHY THE COMMUNITY COLLAPSED
1.
2.
3.
4.
5.
Different political ideologies pursued by individual
partner states as follows: Kenya was capitalist,
Tanzania socialist while Uganda was noncommittal although professed the Common Man’s
Charter.
Disagreements on the sharing of benefits from
jointly owned common services organizations and
lack of policy to redress the situation
Influence of the American-Russian Cold War
period
Low private sector and civil society involvement in
the running of the then Community
Greed and short-sightedness on the part of some
influential political leaders in EAC
Foreign influence for Economic reasons
8
6.
IMPACT OF THE COLLAPSE
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Loss of jobs
Loss of Common Services
Loss of Free Movement of persons, goods and
services
Negative Nationalism created
Unhealthy and wasteful competition flourished
Political destabilization by one another created
more tension
Suspicion and Mistrust among member states
9
Revival of the Community
1.
2.
3.
Mediation Agreement for the division of assets and
liabilities of the 1st EAC signed in 1984 had a
provision to explore ways to resume regional
cooperation
At a side meeting during by the Commonwealth
Heads of State and Government Meeting held in
Harare in 1991, the Heads of State of Kenya,
Uganda and Tanzania agreed to revive
cooperation in the region
This led to the signing of the 1993 Agreement for
the Establishment of the Permanent Tripartite
Commission for East African Co-operation
10
Revival of the Community
Cont..
4.
5.
5.
14 March, 1996 – the Secretariat of the East
African Co-operation was launched in Arusha
30 November, 1999 – the Treaty establishing the
East African Community signed.
7 July, 2000 – entry into force of the Treaty.
7. 15 January, 2001 – formal launching of East
African Community by the three Heads of State
11
SAFEGUARDS IN THE EAC TREATY :
Drawing lessons from the experience of the erstwhile
EAC, the Treaty Provides for:
1.
A gradual approach to the Regional Integration
Process
1st Phase
-
Customs Union (Entry Point)
2nd Phase
-
Common Market
3rd Phase
-
Monetary Union
4th Phase
-
Political Federation
12
Further safeguards
2.
De-concentration of Power from the Summit through a
bottom-up decision making process
3.
People Centered and Private Sector Driven
integration.
4.
Involvement Of Civil Society as key stake holders
5.
Withdrawal Procedures Made more Stringent
6.
Consensus as a confidence building tool
13
THE ORGANS OF THE
COMMUNITY
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Summit of Heads of State
The Council of Ministers/Sectoral Councils
Coordination Committee
Sectoral Committees
The Secretariat
The East African Court of Justice
The East African Legislative Assembly
14
EXISTING INSTITUTIONS OF THE
COMMUNITY
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The Inter-University Council of East Africa
The East African Development Bank
The Lake Victoria Fisheries organization
The Lake Victoria Basin Commission
East Africa Kiswahili Commission
East Africa Science and Technology
Commission
East Africa Health Research Commission
East Africa Civil Aviation Safety and Security
Oversight Agency (CASSOA)
15
Existing organizations with observer
status
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East African Business Council (EABC)
East African Trade Union Council (EATUC)
East African Centre for Constitutional
Development (Kituo Cha Katiba)
East Africa Law Society
East African Book Development Association
East African Magistrates’ And Judges’
Association
16
The stages of EAC Integration
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Article 5 (2) of the Treaty for the Establishment of the East
African Community states: The Partner States undertake to
establish among themselves and in accordance with the
provisions of the Treaty, a Customs Union, a Common
Market, subsequently a Monetary Union and ultimately a
Political Federation.
Customs Union: When two or more countries remove tariffs
and other barriers on the movement of goods originated from
among member states
Common Market: When two or more states come together
to trade as a block thereby creating a bigger consumer base
for their products and services
Monetary Union: When two or more states agree on a
single currency for their daily transactions within the
Common Market.
17
Stages of integration cont…
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Political Federation: When two or more
states come together to form a super-state
under a single political authority.

In such an arrangement, federating states
cede their sovereignty and some of their
powers to the super-state.
18
Cooperation in Political Matters
Chapter 23 of the Treaty provides
Cooperation in Political Matters. It covers:
•
for
Article 123 - Political Affairs (consolidation of good
governance, democracy, rule of law, respect for
human rights and Political Federation)
•
Foreign Policy Coordination / International Relations.
•
Art. 124 Regional Peace and Security.
•
Art 125 Cooperation Defence Matters.
•
All mutually reinforcing and complementary.
19
POLITICAL AFFAIRS

Regional integration by its nature is a political process by virtue of the
need for ceding political sovereignty and the high level of political will,
political responsibility and political courage.
• Interventions under this sector include institutional and capacity
development towards the EAC Political Federation.
 Consolidation of good governance, democracy, rule of law and protection
of human rights, including cooperation among national institutions of
governance and/or statutory bodies both at national and regional levels.
• The institutions include, National Anti-corruption agencies / Ombudsman;
National Electoral Commissions; National Human Rights Commission;
Judiciary, Sectors responsible for upholding rule of law, access to justice
and law reform
•To facilitate harmonization/approximation of laws, policies, strategies,
20
practices and programmes on democracy and good governance.
Towards the Political Federation
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At a Special Summit in August 2004, the Heads of State expressed
concern at the slow pace of integration and resolved to examine ways of
expediting the process so that the ultimate goal of a Political Federation is
achieved through a Fast Track Mechanism
A Committee to examine fast tracking the EAC Political Federation carried
out consultations and presented its Report (dubbed Wako Report) to the
Summit.
The Council formed national consultative mechanism to collect the views
of East Africans on the Political Federation and made report to Summit in
August 2007.
expressed uncertainty and concerns about Fast Tracking PF pointing out
the need for a model constitution, devolution of powers at different levels,
role of political parties and lack of in-depth consultations and participation.
Consultations were also undertaken in Rwanda and Burundi as directed
by the Summit in 2007.
The Reports were considered by the Summit on 29th April and directed
the Council, on the basis of the recommendations in the reports, submits
to the next meeting a way forward on the EAC Political Federation.
21

ESTABLISHMENT OF THE EAST AFRICAN
POLITICAL FEDERATION
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The Treaty is not explicit on the time frame for
the establishment of the various stages of
integration with the exception of the Customs
union which was set at 4 years after the signing
of the Treaty.
However, in Article 123 (6) it is provided that
“the Summit shall initiate the process towards
the establishment of the Political Federation of
the Partner States by directing the Council of
Ministers to undertake the process”
22
HOW FAST-TRACKING THE EA POLITICAL
FEDERATION WAS CONCEIVED
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At a Special Summit held in Nairobi on 27-29
August 2004, the Heads of State expressed
concern at the slow pace of integration and
resolved examine ways of expediting the
process so that the ultimate goal of a Political
Federation is achieved through a Fast Track
Mechanism
The Summit set up a Committee to examine
ways and means of fast tracking the EAC
Political Federation which carried out wide
consultations and presented its Report at the 6th
Summit Meeting on 29th November 2004
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FAST-TRACKING CONCEIVED
(cont)
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The Committee proposed, among others, a Road Map
towards East African Federation By 2013
Subsequently the Extra-ordinary Summit of Heads of
State held in Dar Es Salaam in May, 2005 directed the
Council of Ministers to form national consultative
mechanism to collect the views of East Africans on the
Political Federation.
The National Consultations for the Political Federation
were subsequently simultaneously launched by the three
Heads of State on 13th October 2006.
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JUSTIFICATIONS FOR FAST-TRACKING
THE POLITICAL FEDERATION
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The need for a central authority to coordinate the
implementing decisions made by various organs of the
East African Community and to ensure that they are
implemented efficiently and effectively.
The Political Federation will enhance the consolidation of
what has so far been achieved through the integration
process
The Political federation will be used as a mechanism for
channeling the benefits of economic integration more
equitably among the Partner States.
25
JUSTIFICATIONS FOR FAST-TRACKING
THE POLITICAL FEDERATION (cont)
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Political Integration quickens economic integration
because it is easier to coordinate one planning unit that
several sovereign ones.
A central political authority will generate savings through
consolidating rather than duplication of efforts.
There will be higher revenues from the bigger unit. The
higher revenues will be more equitably accessible to all
citizens under a Political Federation
26
JUSTIFICATIONS FOR FAST-TRACKING
THE POLITICAL FEDERATION (cont)
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A Political federation will enable the people of
East Africa to harness diversity for a common
goal and re-unite erstwhile cross border
communities
The Political Federation will minimize the
occurrence of conflicts in the region as well as
enhance and legitimize the participation of
Partner States in conflict management in the
region whenever they occur.
27
JUSTIFICATIONS FOR FAST-TRACKING
THE POLITICAL FEDERATION (cont)
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The Political Federation will promote better
management and utilization of shared natural
resources, better environmental management
and the promotion of tourism and investment.
The Political federation will represent EAC
as a bigger unit in the global economic arena
with a united and stronger voice.
28
Outcome of National consultations on
Political Federation
Reports of the 3 National Consultative Committees
(NCCs) were considered by Summit on 20th August,
2007. The Reports brought out the following key
Issues:
1. There was lack of information among East Africans
on the EAC integration
2. The people who knew about the EAC appreciated
the concept and benefits.
3. The people who did not know needed more
information and had some concerns.
4. There is general support for integration and finally
federation.
5. There was expressed uncertainty about the idea to
Fast Track the Political Federation especially in view
of the concerns pointed out
29
FAST-TRACKING CONCEIVED (cont.)
Subsequently the Summit:
 “Further noted the need to mobilize and deepen
sensitization on political integration, stimulate greater
political will to promote deeper economic integration and to
lock-in gains achieved from economic cooperation;
 Noted that the Republic of Rwanda and the Republic of
Burundi shall commence, at the earliest, a consultation
process on the establishment of a Political Federation.”
Meanwhile:
 “Decided that there is need to move expeditiously towards
establishing a Common Market and a Monetary Union by
2012 as the EAC moves on to a Political Federation”
30
CONCERNS RAISED DURING
CONSULTATIONS:
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Economic disparity of the Partner States and
possibility of some countries being more dominant
Disparity in education and skills/enterprise
development especially in light of the Common
Market in particular free movement of labour
Land issues given the varying population / land ratios
and the right of establishment
Loss of sovereignty and political power at various
governance levels under decentralisation
Issues related to security and migration given ease
of movement of people across boarders
31
Current status on EAC Political
Federation
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The 2009 Summit considered the NCC reports from
all the five partner States and directed the Council to
develop concrete proposals on the way forward to
the EAC Political Federation.
The recommendations are due for consideration by
the Council. They seek to set in motion the
processes towards PF.
There are other sectors that serve to lay the
foundation for the political federation. This include,
initiatives towards good governance, democracy,
accountability and transparency, human rights and
observance of the rule of law
32
Anti-Corruption, Ethics and Integrity
•
•
•
•
•
The need to combat and prevent corruption, promote
ethics and Integrity in the management of public affairs,
market the Community as a single tourist destination,
investment, and trade zone calls for regional initiatives to
combat corruption.
The sector is very proactive – initiated the EAC draft
protocol on preventing and combating corruption which is
in its final stages of negotiation.
Scope of the Protocol, includes preventative Measures,
Acts of Corruption, Asset Recovery and Forfeiture,
Transfer of Criminal Proceedings, Development and
Harmonization of Policies and Domestic Legislation,
Establishes Financial intelligence Unit,
Provides for extradition, judicial cooperation and legal
assistance among the EAC Partner States in cases of
corruption
33
Protection and Promotion of Human Rights
•
•
•
•
•
•
•
•
The EAC Treaty provides for protection and promotion of
human rights in accordance with the African Charter on
Human and People’s Rights.
Need for regional interventions and Benchmarks on
promoting and protecting human rights in the region.
EAC Regional Plan of Action
Establishment of an EAC Bill of Rights;
Establishment of an EAC Human Rights Forum;
Capacity building for national and regional institutions; and
Development of National and Regional Action Plans that are
harmonised.
Entrench the culture of respect for human rights in the EAC
integration.
34
Cooperation among National
Electoral Commissions
EAC Forum of Heads of National Electoral
Commissions upon recommendation by the Heads of
National Electoral Commissions.
The main objective of their collaboration is to share
experiences, information, challenges and develop joint
regional strategies towards conducting free, fair and
credible elections.
An appreciation that election is one of the key tools
towards upholding democracy and at the same time a
source of expensive conflicts within the Eastern
African region.
35
Rule of Law and Access to Justice
•
The sector comprises of Law Reform Commission,
Judiciary, Ministries of Justice and Constitutional Affairs/ AGs
Offices and Security agencies.
•
The objective of this sector is to promote enactment of laws
based on common benchmarks and facilitate effective
administration of Justice systems in a manner that guarantees
social justice, prevention of conflicts, peace and political stability.
•
To promote upholding rule of law, justice and
constitutionalism
• To promote and develop joint strategies and harmonize
regional, policies and programs and build the capacity of
watchdog institutions on the basis of set regional benchmarks
36
Cooperation among the EAC
Chiefs Justices
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Acknowledge the centrality of the judiciary
especially on issues of governance, including
upholding the rule of law, constitutionalism
and, access to justice.
EAC Forum of Chiefs justices has been
established
Brings together all EAC Chiefs Justices to
share experiences, challenges and best
practices for the region.
37
EAC Regional Framework on Good
Governance
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The EAC Development Strategy 2006- 2010 provided for
development of an EAC comprehensive regional framework
of good governance.
There are many challenges of governance: i.e. political
instability, mismanagement of public resources, abuse of
human rights, public office, political transition, conflicts etc.
During the National Consultations on the EAC Political
Federations, East Africans questioned the divergent /
different systems of governance and democratic cultures of
the EAC Partner States.
The need to strengthen institutions of governance including
Electoral Commissions, Human Rights Commissions, AntiCorruption authorities, Law Reform Commissions, Judiciary,
Law enforcement and security in the region, among others.
38
The need for a policy on Good
Governance.
• Building onto the gains already made by the EAC Partner
States and at regional level i.e. African Peer Review
mechanisms with possibility of developing an EAC specific
governance review mechanism.
• reinforcing some of the continental commitments towards
ratification and implementation of the African
Charter on Democracy, Governance and Elections.
• Facilitate the establishment of regional fora for regular
meetings of sectors and stakeholders responsible for
promoting good governance, upholding the rule of law
including the judiciary, justice and constitutional affairs, law
enforcement and security agencies which are all mutually
reinforcing.
39
Objectives of the framework on good
governance
•
•
•
•
•
•
At one of its meetings, the Council decided that this
instrument should be developed as a protocol as opposed
to a mere framework
The objectives include promotion of adherence to universal
principles of good governance, democracy, rule of law and
respect for constitutional order, human rights, transparency
and accountability.
Promote the holding of regular free and fair elections as well
as democratic and peaceful change of governments.
Provide for a mechanism for peaceful resolution of conflicts
among and between Partner States.
Promote and protect the independence of the judiciary.
Promote citizen’s participation in governance processes in
40
the EAC Integration
PEACE AND SECURITY
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The Treaty and the EAC Development Strategy identifies
peace and security as a prerequisite for economic
development and successful regional integration.
The EAC Strategy for Regional peace and security
operationalises Art. 124 by detailing the objectives and
strategies in all identified areas of cooperation under the
sector.
Development of a holistic protocol on peace and security –
to bring under one legally binding instrument all interventions
to promote peace and security in the region.
Establishment of the Directorate of Peace and Security
headed by a Director General.
41
Policy organ arrangement

The Summit and Council of Ministers
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The Sectoral Council on Interstate Security and Joint
Sectoral Councils (Defence, Interstate Security and Foreign
Policy Coordination) on crosscutting security issues.

EAC Chiefs of Police, Chiefs of Defence and Chiefs of
intelligence.

Meeting of Directors of CID and Registrars of Motor vehicles.
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The EAC/AU Liaison Office on Peace and Security – to
implement the AU protocol on Continental Architecture on
Peace and Security -African Union.
42
Interventions under peace and security
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Promotion of cross sectoral dialogue among the
Defence, Foreign Policy Coordination and Inter State
Security Sectors through regular Joint Sectoral
meetings.
Implementation of SALW Control Project with support
from GTZ and CPMR Project supported by the EU.
Implementation of the EAC Protocol on Anti-Narcotics.
Development of a conflict early warning mechanism.
Development of a Conflict Prevention Management and
Resolution framework supported by the AU/EU.
Implementation of a joint Action Plan to address cross
border motor vehicle thefts and human trafficking.
Cattle rustling control initiatives.
43
Cooperation in Defence
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Article 125 of the Treaty and EAC Development Strategy.
Operationalised by the MoU in cooperation in Defence signed by the
Heads of State in November 2001.
MoU also establishes the Defence Liaison Unit at the EAC HQs, EAC
Desks at the Defence Ministries and the Sectoral Council on coop in
defence matters.
Areas of cooperation include, Joint Military Training – in the national
institutions / staff colleges and seminars; Joint Operations in handling
disasters, search and rescue; Technical Assistance – sharing of training
and research facilities; visits and exchange programs to engender the
spirit of comradeship among the armed forces.
These areas have been substantively implemented; the MoU is due to be
upgraded into a protocol – after demonstrable confidence building.
Protocol negotiated, concluded and due to be signed during the
Extraordinary Summit on the 28th April 2012
44
International Relations / Foreign Policy
Coordination
•
•
•
•
•
•
Treaty – Art.123 and EAC Development Strategy
MOU on Foreign Policy Coordination (January 1999) being
upgraded into a Protocol and Decisions and directives by
Policy Organs. The Protocol is under ratification. Only
Burundi has done it so far.
Initiate measures aimed at harmonizing Partner States’
common foreign policies.
Coordinate implementation of strategies establishing
systematic cooperation between the EAC and the
international community - RECs, AU, EU, UN, etc.
Identifying opportunities for EAC at international level i.e.
Sub-Committee on Candidatures for International Jobs.
Marketing EAC abroad in collaboration with other sectors
45
(e.g. other Offices, Organs and institutions, Diplomatic
Missions).
Complimentarity and conclusion
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The sectors highlighted are mutually reinforcing in
support of the political integration process, they
serve to lay the foundation for the ultimate goal of
integration – Political Federation.
The political governance is a cross-cutting issue
among all the stages of EAC integration - all require
political ownership, political will and political
governance which are often prerequisites for
successful integration.
Consultations with critical stakeholders including
political parties, civil society, local government is
critical and ongoing.
46
…END….
I Thank You
47
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