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APRESENTATION ON COOPERATION IN POLITCAL AFFAIRS

GOVERNANCE, PEACE AND SECURITY AND FOREIGN POLICY COORDINATION

SCOPE OF THE PRESENTATION

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 Conclusion 2

Introduction

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: 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.

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OBJECTIVES OF EAC

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

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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

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Fundamental principles of the Community

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.

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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 Signed1977 The then Community collapsed1984 Mediation agreement signed for division of assets

and liabilities7

WHY THE COMMUNITY COLLAPSED

1. Different political ideologies pursued by individual partner states as follows: Kenya was capitalist, Tanzania socialist while Uganda was non-committal although professed the Common Man’s Charter.

2. Disagreements on the sharing of benefits from jointly owned common services organizations and lack of policy to redress the situation

3. Influence of the American-Russian Cold War period

4. Low private sector and civil society involvement in the running of the then Community

5. Greed and short-sightedness on the part of some influential political leaders in EAC

6. Foreign influence for Economic reasons8

IMPACT OF THE COLLAPSE 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

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Revival of the Community1. 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

2. 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

3. 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. 14 March, 1996 – the Secretariat of the East African Co-operation was launched in Arusha

5. 30 November, 1999 – the Treaty establishing the East African Community signed.

5. 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

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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

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THE ORGANS OF THE COMMUNITY

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

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EXISTING INSTITUTIONS OF THE COMMUNITY 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 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

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The stages of EAC Integration 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.

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Stages of integration cont…

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.

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Cooperation in Political Matters

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Chapter 23 of the Treaty provides for Cooperation in Political Matters. It covers:

• 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.

POLITICAL AFFAIRS

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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, practices and programmes on democracy and good governance.

Towards the Political Federation 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 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”

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HOW FAST-TRACKING THE EA POLITICAL FEDERATION WAS CONCEIVED 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)

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 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.

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JUSTIFICATIONS FOR FAST-TRACKING THE POLITICAL FEDERATION (cont)

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

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JUSTIFICATIONS FOR FAST-TRACKING THE POLITICAL FEDERATION (cont)

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.

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JUSTIFICATIONS FOR FAST-TRACKING THE POLITICAL FEDERATION (cont)

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.

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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 integration2. 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

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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”

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CONCERNS RAISED DURING CONSULTATIONS:

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

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

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• 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

Protection and Promotion of Human Rights

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• 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.

Cooperation among National Electoral Commissions

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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.

Rule of Law and Access to Justice

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• 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

Cooperation among the EAC Chiefs Justices

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.

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EAC Regional Framework on Good Governance

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, Anti-Corruption authorities, Law Reform Commissions, Judiciary, Law enforcement and security in the region, among others.

The need for a policy on Good Governance.

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• 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.

Objectives of the framework on good governance

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• 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

the EAC Integration

PEACE AND SECURITY 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.

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Policy organ arrangement

The Summit and Council of Ministers 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.

The EAC/AU Liaison Office on Peace and Security – to implement the AU protocol on Continental Architecture on Peace and Security -African Union.

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Interventions under peace and security 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.

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Cooperation in Defence 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

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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 (e.g. other Offices, Organs and institutions, Diplomatic Missions).

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Complimentarity and conclusion

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.

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…END….

I Thank You

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