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THE EAC

Overview

East Africa community is a regional intergovernmental organization of eight partner states namely the republics of; Federal of Somalia, Tanzania, Uganda, South Sudan, Burundi, DR Congo, Rwanda and Kenya.

 With a total land size of about 5.4 millions square kilometers stretching from Indian Ocean in the East (Kenya) to Atlantic Ocean in the west (DR Congo) and to the North and south of Golf of Aden (Somalia). The EAC has total Growth domestic product (GDP) of 320 Billion United States dollar’s all countries combined and population size of a round 318 million people. Languages mostly spoken English, Kiswahili, French and Arabic.

   Vision

To be prosperous, competitive, secure, stable and politically united East Africa.  

   Mission

The mission of the community is to widen and deepen economic, political, social and cultural integration in order to improve the quality of life of the people of East Africa through increased competitiveness, value added production, trade and investment.   

Objectives – article 5 (1)

The objectives of the community shall be to develop policies and programmes aimed at widening and deepening co-operation among the partner states in political, economic, social and cultural fields, research, and technology, security and legal and judicial affairs, for their mutual benefits.

Benefits of EAC  

  • Economies of scale in the exploitation of development opportunities.
  • Creation of a bigger market
  • Better management of resources e.g Lake Victoria, MT.Kilimanjaro and Mt Elgon.
  • Making EAC as single tourist destination
  • Free movement of people and labor would largely contribute to economic growth and wellbeing of the regions citizenry.
  • By pulling resources together, there will be benefits of co-operative advantages, economies of scale and efficient use of public resources.
  • Avoid duplication of cost borne by individual states for the same service
  • Compete favorably in the Global trade
  • With the large population and more varied resources, more seniors local and international investors will be attracted to the region  
  • The combined revenues base of the partner states would be better utilized in a more cost effective way.

How EAC is funded  

The treaty establishing the EAC supports the mobilization of resources as it is stipulated in the article 132(4) that partner states,  

“The budget for the community shall be funded by equal contributions by partner states and receipts from regional and international donations and any other sources as may be determined by the council. 

Integration stages  

(a) customs union  

Is the first regional integration milestone and critical foundation of the EAC which has been in force since 2005, as defined in the article 75 of the treaty.  

Objectives  

  • To promote efficiency in the production within the community
  • To enhance domestic cross -border and foreign investment in the community

(iii).    To promote         economic development      and   diversification     in industrialisation in the community.  

(b) Common market protocol  

Is the second regional integration milestone that has been in force since 2010.

Objectives  

  • .To ensure non-discrimination of nationals of the partner states on the grounds of nationality.
  • Equal treatment to nationals of other partner states
  • Ensure transparency in the matter concerning other partner states.

(c) Monetary union  

Is the third pillar of the treaty that was adopted in accordance with EAC treaty and signed on 2013?

Objective

(i)  To allow the EAC partner states to progressively converge their currencies into single currency in the community. Initially the process was to take 10 years to have one currency, but it was further extended due to outstanding issues to address in some other partner states. 

(d) Political federation (shirikisho la afrika mashariki)

Is the ultimate last pillar of EAC integration process, It is provided for under article 5 (2) of the treaty for the establishment of the East African community focusing on;

(i) Common foreign and security policies, good governance and effective implementation of the prior stages of integration.  

Political federation can be defined as a form of government or country where there’s territorial distribution of power between one central or common government and subordinate or lower government. The elements of federation therefore include shared powers and responsibility defined by the law practice. For East African community to federate, federation units should be prepared to cede certain powers to one common center.  

(e). Political confederation as transitional model to federation.

It is worth noting,” Attainment of East African community political federation is a process and not an event “. On May 2017, the 18th summit of heads of states of the East African community adopted political confederation and directed the council of ministers to constitute a team of constitution experts for political confederation.  

Subsequently, the council of ministers appointed the constitution experts in January 2019, to take the task ahead of them.  

The team of experts in the drafting the constitution of political confederation would mean to first do member states consultations meeting with a view to enhance awareness on the ongoing constitution making processes into political confederation.  To obtain stakeholders views on their interests and key issues to inform the drafting of the confederation and subsequently, confederal constitution in line with principles of the people-centered regional community.

To prepare the public in general to give their input into the draft constitution once it will be drafted.  This strategy came as a result of the slightly change of policy by the community due to constitution differences in partner states, economic development and mixed progress in the implementation of the customs union, common market and monetary union.  

From the historical experience, political confederation is characterised by the following.  

  • The entities participating in the confederation (partner states) retains their sovereignty.
  • Federal government does not directly relate to the citizens of the participating entities, it only acts on them through the political institutions of the constituents.
  • The confederation has the right to suspend and expel constituent states that violates specific aspects of the confederal constituent.
  • The constituent state are guaranteed of the freedoms to join and withdraw from the confederation
  • The operations of the confederal government depend greatly on the will of the constituents states government  
  • The decision-making at the confederal level is based on consensus and unanimity.  

EAC- Institutional arrangements, mandates and permanent seat in partner state.  

The East African community has a number of semi-and autonomous institutions that helps it implement programs and projects.  

   Ugandan permanent seat EAC institutions.  

  1. Ministry of East African community affairs (MEACA) – Uganda office. Is mandated to “steer Uganda regional integration agenda in accordance with the objectives of the treaty for the establishment of the East African community “.
  2. East African community civil Aviation and safety oversight agency ( EAC- CASSOA), was established following the signing of the protocol on the establishment of the East African community civil Aviation and safety oversight agency on 18th April 2007.

Mandate.

The mandate of CASSOA is based on article 92 of the EAC treaty, under which partner states undertake to make Air Transport services safe, efficient and profitable; harmonise civil Aviation Laws and Regulations and coordinate measures and co-operate in maintenance of the high security.  

  1. Inter University council of East Africa (IUCEA) .To advice, develop and coordinate all matters related to higher education and research in East African community.
  2. East African Development bank (EADB). Is the apex financial institution for the East African community. In addition to development finance and related services, it performs key roles in regional integration including offering development advice to member states.
  3. Lake Victoria fisheries organization (LVFO). Is specialized institution of the East African community (EAC) whose mandate is to coordinate the management and development of fisheries and aquaculture resources in the EAC region?  

(b). Kenya’s permanent seat EAC institutions  

1 .The ministry of East African community, Arid and Semi Arid lands (ASAl) and regional development. Whose mandate focuses on coordinating kenyan’s engagements in the EAC integration, Northern corridor development programmes as well as coordination of Arid and Semi-Arid lands and regional development.  

  1. Lake Victoria basine commission. It’s mandated to promote, facilitate and coordinate activities of different actors towards sustainable development and management of natural resources of lake Victoria.

Rwanda permanent seat EAC institutions.  

  1. Ministry of foreign affairs and international cooperation.
  2. The East African science and technology commission, governs the partner states co-operation in the development and implementation of science and technology (EASTECO).

Burundi permanent seat institutions

  1. Ministry of East African affairs, youth, sports and culture.
  2. East African Health research commission. It coordinates and maps out a regional agenda on health research as well as the translation of its results into policy and practice with in partner states.

Zanzibar permanent seat EAC institution

  1. East African Kiswahili commission (EAKC). Coordinates and provides advice to the partner states on all matters related to Kiswahili research, teaching, learning and development as the lingua franca of partner states.

South Sudan permanent seat EAC institutions.  

  1. South Sudan ministry of East African community affairs.

Tanzania’s permanent seat of EAC institutions.  

  1. Headquarters of East African community.
  2. East African competition Authority (EACA). Its mandate is to enforce the EAC competition Act by promoting and protecting fair trade and providing for consumer welfare in the community.
  3. DR Congo and Somalia work in progress

Organs of East African community.  

  1. Summit

The summit comprises of heads of partner states, gives strategic directions towards the realization of the goals and objectives of the community.  

  1. The council of ministers.

The council of ministers (or simply council), is the central decision-making and governing organ of the EAC. Its membership’s constituent’s ministers or cabinet secretaries from partner states whose dockets are responsible for the regional co-operation.  

Every year, the council meets twice, one meeting of which is held immediately preceding a meeting of the summit. The council meetings assists in maintaining the link between the political decisions taken at the summits and the day-to-day functioning of the community regulations, directives and decision taken or given by the council are binding to partner states and to all other organs and institutions of the community other than the summit, court and Assembly.  

The council, each year, elect chairperson by rotation to serve one-year term to the office of the chairperson of the council of ministers.  

  • Coordination committee

Under the council, the coordination committee has the primary responsibility for regional co-operation and co-ordinates the activities of the sectoral committee. It draws its membership from parliament/principal secretaries’ responsibility for regional co-operation from the partner states. Subject to any direction given by the council, the coordination committee meets twice ayear preceding the meetings of the council, moreover, it may hold extraordinary meetings at the request of the chairperson of the coordination committee.  

  1. Sectoral committee

Sectoral committees conceptualize programmes and monitor their implementation. The council establishes such sectoral committees on recommendations of the coordination committees.

The sectoral committees meets as often as necessary for the proper discharge of their function.  

V.East African court of justice.  

The East African court of justice (or simply, the court) is the principal judicial organ of the community and ensures adherence to the laws in the interpretation and application of compliance with EAC treaty.  It was established under article 9 of the treaty for the establishment of the East African community. Arusha Tanzania is the temporary seat of the court until the summit determines its permanent seat. The court established its sub registries in the partner states, which are located in the premises of the national court.

The court is currently composed of ten judges, appointed by the summit from among sitting judges of any partner states, court of judicature or from jurists of recognised competence, and the registrar who is appointed by the council of ministers.

The court has two divisions; an appellant division and a first instance division.  

Vi. The East African legislative Assembly  

The East African legislative Assembly (EALA) is the legislative organ of the community and has cordial function to further EAC objectives, through its legislative Representative and oversight mandate.  

It was established under article 9 of the treaty for the establishment of the East African community.  

The assembly has membership comprising of 63 elected members ( 9 from each partner states), and 9 ex-officio members consisting of ministers or cabinet Secretary responsibility for EAC affairs from each partner states, the Secretary general and the counsel to the community totaling 72members ( exclusive of newly  joined, DR Congo and Somalia).

The assembly draws the authority to establish its standing committees from its rules of procedures. It currently has 6 standing committees to execute its mandate.  

The accounts committee  

The committee on the legal, Rules and privileges  

The committee on the Agriculture, tourism and nature resources.  

The committee on the regional affairs and conflicts resolutions

The committee on the General purposes.  

The EALA commission which oversees the management of the assembly is established following the enactment of the administration of EALA Act 2012.

Vii. The secretariat  

The secretariat is the executive organ of the community. As the guardian of the treaty, it ensures that regulations and directives adopted by the council are properly implemented  

In serve of the community, the secretariat comprises the Secretary-General, 4 deputy secretaries-General, the counsel to the community and EALA staff members who carry out the day-to-day work of the EAC as mandated by the council.  

The secretary-General is the principal executive and accounting officer of the community, the head of the secretariat and the Secretary of the summit; he/she is appointed by the summit for fixed five-year nonrenewable term.

The deputy secretaries- General are appointed by the summit on the recommendations of the council and on rotational basis .The deputies the Secretary-General and each serves a three-year term renewable once.

The counsel to the community is the principal legal adviser to the community.

 Achievements of East African community.  

The customs union protocol  

Establishment of the East African community single customs territory  

Harmonisation of standards  

One boarder post (OSBps)

Free movement of people and labour  

Performance information on various programs

Benefits of the East African community.

EAC PROJECTS  

EAC broadband ICT infrastructure network.

EAC legal framework for cyber laws.

Analogue – digital broadcast migration (ADBM).

ICT policy and harmonization framework.

Telecommunications.

Investment opportunities in East African community.

  1. Agriculture and Agribusiness
  2. Infrastructure

iii. Manufacturing

  1. Energy
  2. Mining and metals

Vi. Oil and gas  

Vii. Tourism

Viii. Education  

Ix. Research and innovation  

  1. Health

Why invest in East African community.  

Human capital. The EAC region has sufficient human capital to support new and existing business in the EAC with high quality, innovative and skilled human resource at all levels.  The EAC has also established institutions to leverage the community as a regional human capital hub. These are inter university council of East Africa and East Africa science and technology commission.  

Natural resources.  

The region has an abundant of resources such as its rich in diversity of wild life, fresh water masses, marine waters, rolling grassland and other magnificent.  

Market size and access.

The internal market size has over 317 million consumers but also with common market for Eastern African (COMESA) with a population around 500 consumers.

Infrastructure  

The partner states have invested heavily in the infrastructure development to ease the connectivity of road network to other member state.

Strategic location.  

Macro-economic stability  

Peace and security  

Political stability  

 CHALLENGES

  • Political / economic disputes among some partner states
  • Delay remittances of partner states financial contributions to the EAC budget
  • Dependency on donor support for core functions for the community
  • Fear to cede power and authority organs and institutions of EAC.
  • Understaffing on budget, monitoring and evaluation, research etc.
  • Reluctance of partner states not promoting good governance protocol.