legal analysis of the fast-tracking of t
Post on 28-Feb-2018
220 Views
Preview:
TRANSCRIPT
-
7/25/2019 Legal Analysis of the Fast-tracking of t
1/24
! # ! " # $
LEGAL ANALYSIS OF THE FAST-TRACKING OF THE EAST AFRICA
POLITICAL FEDERATION FROM THE KENYAN PERSPECTIVE1
LIST OF ACRONYMS
CU: Customs Union
CM: Common Market
E.A: East African
EAC: East African Community
EACSCO: East African Common Services Organization
EADB: East African Development Bank
EAPF: East African Political Federation
EAHC: East African High Commission
EPAs: Economic Partnership Agreements
EU: European Union
GRP: Gross Regional Product
MU: Monetary Union
&'()()*" +,$)-.# /)0.1-2 ''3 450.678 !069 :;"1("9$ . '"? 4@A'7
-
7/25/2019 Legal Analysis of the Fast-tracking of t
2/24
$ # ! " # $
EXECUTIVE SUMMARY
Customs Union and Common market are set as transitional stages toward the
realization of a political federation as its final objective. EAC is the only regional
economic bloc whos Treaty provides for the establishment of a political federation.
The beginning stages of integration have experienced immense challenge that has
slowed the process of the realization of this ultimate goal. Certain challenges are
common to the Partner states whereas others are unique to a particular member state
of the EAC. The quest for a PF therefore comes at a time when the various stages of
integration as identified under Article 2 of the EAC Treaty are not fully established.
In addition, the Treaty is silent on the timelines toward the realization of the PF. The
other challenge is the lack of a model for the proposed East African Federation. Its
absence has brought about unknown fears of among East African citizens including
the Kenyans, who feel that the country should analyze its stake in the proposed
political federation instead of calling for a blanket fast-tracking mechanisms. It thus
follows that the pace of political federation can only be determined by the strategies
put in place to address the existing challenges.
This paper therefore presents an analysis on the fears, concerns and challenges
expressed by Kenyans as well as other Citizens of the EAC member states. It
proposes recommendations on how the challenges can be addressed. To this end, the
paper has categorized the concerns into three major groups namely political, legal,
economic as well as socio-cultural. The paper also points out an all-encompassing
-
7/25/2019 Legal Analysis of the Fast-tracking of t
3/24
% # ! " # $
challenges experienced by all the member state and proposed ways of addressing
them.
Introduction
The vision of the East Africa Community is to have a flourishing competitive, secure
and politically united East Africa through the four stages of integration. These stages
include: Customs Union2, Common Market
3, Monetary Union
4; and ultimately a
Political Federation
5
. The East African Community is guided by its mission that is to
broaden and increase economic, social, political and cultural integration as well as
improving the quality of life of its people by way of increased competition, value
added production and trade and investment for shared benefit.
Article 5 of the EAC Treaty provides for the primary objective of the community as
developing policies and Programmes aimed at widening and improving 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
under Article 5(2) and (3) of EAC treaty whereas the areas of cooperation in the
sectors are enumerated from Chapter 11 to 27 of the EAC Treaty.
2A customs union aims at the eventual elimination of all tariffs and other non-tariff barriers
between the trading partners as well as the establishment of a common external tariff.3A common market calls for free movement of goods, services and other factors of
production, including labor and capital.4A monetary union, by creating a single currency area, dramatically cuts cross-border
transaction costs5 This involves the formation of a unitary government, including having one East African
President.
-
7/25/2019 Legal Analysis of the Fast-tracking of t
4/24
& # ! " # $
Stages of EAC integration
Article 5 (2) of the Treaty for the Establishment of the East African Community
provides that 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. The premise of
this essay is built on the last stage of integration, which is the Political Federation.
A timetable was made according to which a referendum on the establishment of the
Federation would have been held in September 2009, and Transitional Federal
Government put in place by January 2010. Between 2010 and 2012, the major
institutions of the federal government were to be put in place. They included a
Transitional Federal Parliament, Judges of the East Africa Supreme Court, joint
Defense Forces, Federal Police and other Federal Institutions as provided for under
the Treaty. This was to crown the formation of the Federation of Eastern Africa States
in 2013. To date, the East African political Federation is still a mirage hence the need
for the fast-tracking mechanism.
The Political Federation
Federation entails the yielding of sovereignty of each of member state to a regional
government that will be formed thereof. Primarily, a federal government takes over
foreign policies, defense, fiscal and monetary policy. Over and above, it has some
legislative powers and final appellate court jurisdiction6. However, in light of the
circumstances of the EAC political atmosphere, this setting will barely work because
of the incongruence in political culture and practice among the five partner States.
Political instability experienced in Burundi, Kenya, Rwanda and Uganda has been as
6The Constitution of the United States is referenced as an example/ model.
-
7/25/2019 Legal Analysis of the Fast-tracking of t
5/24
' # ! " # $
result of deep-seated tribalism and the inequalities in access to resources particularly
land7. Kenya for instance experienced the worst political crisis since its independence.
Its democracy was shaken when ethnic violence erupted following the disputed 2007
presidential elections8.
Rwanda and Burundi are the other members of the East African Community. The two
countries have experienced civil wars and conflict since they attained independence.
They are also ethnically divided between Tutsis and Hutus as their major ethnic
groups, and the Batwa being the minority. Statistically, Hutus are the majority of the
three ethnic groups in both countries; they are estimated at 80 percent of the
population while Tutsis and Batwa make up 18 and 2 percent respectively9. Rwanda is
however making positive steps toward remedying the scourge that befell the nation10
.
Politically, these partner States are systematized along ethnic lines. This is the major
cause of ethnic violence pitting Hutus against the Tutsis from the early years of
Rwandas independence. These tribal alienations can be traced back to the period of
external influences from 1880s. At the end civil war in Burundi and 1994 genocide in
Rwanda, the affected nations have embarked on rebuilding their countries in every
aspect of life ranging from social cohesion to economic development.
The governments of Rwanda and Burundi are also actively involved in Programmes
7John Lonsdale, The political Culture of Kenya (Occasional Papers No. 37, Centre of
African Studies, Edinburgh University, 1992); lynch The Fruits, 236.8John De Smedt, No Raila, No Peace! Big Man Politics and Election Violence at the Kibera
Grassroots, in African Affairs, the Journal of the Royal African Society, Vol, 108, No. 433,
October 2009, Oxford University Press, 584.9
Amy Richmond Krakowka and Laurel J. Hummel, Understanding Africa: A GeographicApproach, United States Military Academy, West Point, New York, 2009, 43.10
The Rwandan Genocide in 1994.
-
7/25/2019 Legal Analysis of the Fast-tracking of t
6/24
( # ! " # $
aimed at redressing this perennial challenges such as resource competition,
specifically land, being one of the primary sources of political conflict for the two
tribal factions over the years. During the pre-independence, Tutsis were well placed
above the Hutus and Batwa; in the words of Gatwa the Batutsi were chosen by the
new rulers, colonialists and the missionaries to promote western civilization founded
on Christianity11
. The other factions, the Bahutu and Batwa, represented a mass of
commoners relegated to the status of second-class citizens12
.
Political Affairs Cooperation
Chapter 23 of the EAC Treaty provides for Cooperation in Political Matters.
Particularly, Article 123 of the EAC Treaty visages a Political Affairs, whose primary
intent is the consolidation of good governance, democracy, rule of law, respect for
human rights and Political Federation. Others areas of cooperation politically include
foreign Policy Coordination or International Relations. Article 124 of the Treaty talks
about the Regional Peace and Security, whereas Article125 talks about cooperation in
matters of defence.
In its very nature, the regional integration is a political process. This is because of the
need to cede political sovereignty, the need for a high level of political good will, the
need for political responsibility and the need for political courage. In order to achieve
this ultimate goal of a political federation, there must be interventions under this
sector. Such interventions include institutional and capacity development towards the
EAC Political Federation. The approach should be toward the consolidation of good
11Proposed Political Federation of East African Countries www.dtic.mil/get-tr-
doc/pdf?AD=ADA522099PDF (accessed on 12
th
March 2015.)12Ann Seidman and Frederick Anang, Twenty- First- Century Africa: Towards a New Vision
of Self- Sustainable Development, (New Jersey: Africa World Press, 1992) 166.
-
7/25/2019 Legal Analysis of the Fast-tracking of t
7/24
) # ! " # $
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 that can assist in achieving this goal are
the 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
of the relevant laws and policies. The place of Rwanda in the yet to be formed
political Federation must be carefully looked into lest we jeopardize the socio-
economic and political gains since independence. This is analyzed against the
backdrop of challenges faced by other partner states, which are very distinct from the
challenges faced by Rwanda. This is not to say that Rwanda experiences different
challenges per se. There are certain challenges that are common to all the partner
states.
At a Special Summit in August 2004, the Heads of State expressed trepidation at the
slow pace of integration process. They then resolved to examine ways of accelerating
the process so that the ultimate goal of a Political Federation is achieved through a
Fast Track Mechanism13. A Committee to examine fast tracking the EAC Political
Federation carried out consultations and presented its Report (dubbed Wako Report)
to the Summit14
.
13East African Community, EAC Fast Tracking Report 2004,http://eac.int/political
federation/index.php? Option=com_ docman&Itemid=28 (accessed June 30, 2011).
14Amos Wako, Former Attorney General of Kenya, chaired the Committee. Other members
were Professor Haidan Amani, Vice Chairman (Tanzania); Dr. Ezra Suruma, Secretary(Uganda); and Associate Members Professor Sam Tulya-Muhika (Uganda), Ms. Margaret
Chemengich (Kenya), and Mr. Mohamed Fakih Mohamed (Tanzania)
-
7/25/2019 Legal Analysis of the Fast-tracking of t
8/24
* # ! " # $
The Council also formed national consultative mechanism to collect the views of East
Africans on the Political Federation subject. Subsequently, the Council made a report
to the Summit in August 2007. The report expressed doubt and concerns about Fast
Tracking Political Federation 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 then considered by the
Summit, which directed the Council, on the basis of the recommendations in the
reports to submit to the next meeting a way forward on the EAC Political Federation.
In a nutshell, the report points out fears and the lack of information about the EAC
Political Federation among the citizens of the EAC.
Establishment of the EAC Political Federation
The Treaty is not overt 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. Perhaps this has added to the challenges faced in the bid to
form the Political Federation. However, under Article 123 (6) of the EAC Treaty, 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. This in itself led to the realization of the Fast-tracking
mechanisms in the bid to realize the ultimate goal of a political federation.
-
7/25/2019 Legal Analysis of the Fast-tracking of t
9/24
+ # ! " # $
Fast- Tracking The East Africa Political Federation
How was Fast-Tracking the EA Political Federation conceived?
During the Special Summit held in Nairobi between 27th to 29th August 2004, the
Heads of State of the EAC voiced concerns at how slow the process of integration had
become. They resolved to assess various ways of accelerating the process so that the
ultimate goal of a Political Federation is born through a Fast Tracking Mechanism.
The Summit set up a Committee to examine ways and means of fast tracking the EAC
Political Federation. The Committee then carried out wide consultations and
presented its Report at the 6th
Summit Meeting on 29th
November 2004. The
Committee proposed, among others, a Road Map towards East African Federation By
2013. Conspicuously missing in the report was why the ultimate goal had dragged for
far too long. Whereas the partner states were doing all it can to realize the economic
integration, the deep-seated fears and mistrust among the member states as a result of
various political background evidently slowed the process.
Previously, in the Extra-ordinary Summit of Heads of State held in Dar es Salaam in
May 2005, the Summit had directed the Council of Ministers to form national
consultative mechanism whose mandate was to sample the views of East Africans on
the proposed Political Federation. The three Heads of State subsequently
simultaneously launched the National Consultations for the Political Federation on
13thOctober 2006. This process was also launched upon Rwanda and Burundi joining
the EAC. It is evident that the process did not achieve the intended objective as the
common man across the partner states are in oblivion of the supposed political
federation.
-
7/25/2019 Legal Analysis of the Fast-tracking of t
10/24
!, # ! " # $
What are the Justifications For Fast-Tracking the Political Federation?
Justifications for fast-tracking the process are brought about by various reasons. First,
is 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. Secondly, the Political Federation will
enhance the consolidation of what has so far been achieved through the integration
process. Thirdly, the Political federation will also be used as a mechanism for
channeling the benefits of economic integration more equitably among the Partner
States. Lastly, Political Integration quickens economic integration because it is easier
to coordinate one planning unit that several sovereign ones.
It must be noted that a central political authority will generate savings through
consolidation 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. The proposed Political Federation will enable the people
of East Africa to harness diversity for a common goal and re-unite onetime cross
border communities. Whereas there real justifications for the fast tracking of the
political federation, the concerns raised must be addressed to avoid its collapse just as
the first East African Community. History points out the need to iron out the fears
poised in the formation of the federation before advancing into later stages of
formation.
The Political Federation is significant in that, it shall diminish the occurrence of
conflicts in the region as well as enhancing and legitimizing the participation of
Partner States in conflict management in the region whenever such incidences occur.
-
7/25/2019 Legal Analysis of the Fast-tracking of t
11/24
!! # ! " # $
The Political Federation goes further in promoting a better management and
utilization of shared natural resources, better environmental management and the
promotion of tourism and investment. The proposed Political Federation therefore
represents EAC as a bigger unit in the global economic arena with a united and
stronger voice.
Current status on Fast-Tracking the 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 Political Federation.
There are other sectors that serve to lay the foundation for the political federation.
These include, initiatives towards good governance, democracy, accountability and
transparency, human rights and observance of the rule of law. The 16
th
Summit is to
meet in 2015 to consider various proposals including on fast-tracking of the political
federation. From the forgoing, the summit has been preoccupied with the other
integration stages as they lay a strong foundation to a strong political federation15.
When the rest of the integration processes are built on shaky ground then the ultimate
goal of a political federation may not be achieved and if it is achieved, then it is bound
to fail. Rwanda must therefore carefully observe and evaluate its steps into the
political federation.
&B
CD$ &E9D
A())-9 0F 9D$ D$"16 0F A9"9$ 0. 9D$ GH9D
I0J$)*$; KH&L8 *$#". 9D$ initiationof a Constitution-making process and a Road Map for the EAC Political Federation; Progress
Towards the Establishment of a One Area Network for East Africa
-
7/25/2019 Legal Analysis of the Fast-tracking of t
12/24
!$ # ! " # $
Fears, Concerns and Challenges Faced in the Fast-Tracking process of the East
African Political Federation
Just like in other parts of the world, the formation of the EA Political Federations has
been driven by various motives. The four types of necessities are, affection, gain,
threat and power. These necessities are briefly analyzed herein.
1. The Necessity of Affection
This connotes a political integration arrangement where countries come together due
to common traits and bonds of affection. Putting this into perspective, the EAC
member States have various things in common. These include the common languages,
history and cross border ethnic affinities. Nonetheless, there are also certain regional
disparities that work against the Necessity of affection. Further, certain regional
differences like strong national identities, different languages, legal systems, political
culture, social and economic policies and geopolitical alignments reduces the efficacy
of affection as a sufficient driver of East African Political Federation.
2. The Necessity of Gain
This is fuelled by the motive to maximize gains and minimize losses. In the case of
East African Community, such gains may include superior military might; a unified
political system which heightens the voice of the region at the international platform
and the bargaining power within the regional and international trading blocs. The
federation would also allow for free movement of factors of production, and benefit
from a larger and unified population. However, there would be need to address the
challenge of equitable distribution of benefits and costs arising from integration.
-
7/25/2019 Legal Analysis of the Fast-tracking of t
13/24
!% # ! " # $
3. The Necessity of Threat
This necessity surfaces, initially, when two or more States are in conflict and each
needs to attain peaceful co-existence. The threat necessity also refers to circumstances
where nations motivation to pull together is in reaction to a common external threat.
The threats like terrorism piracy as well as other security challenges because of the
arms proliferation, trafficking are arguably instances that has pulled the EAC member
countries together.
4. The Power Necessity
This necessity refers to circumstances in which a regional hegemon occupies
neighboring states. This scenario is not applicable to the EAC. Hence, understanding
the motives fuelling East African Political Federation is important toward addressing
the fears and challenges that may face the federation. Both the leaders and the people
must therefore have clarity about the model, the purpose and the road map that must
be taken to realize the East African Political Federation.
How to address the EA Fast-Tracking Process of Political Federation related
fears
Before EAC member states can address the issue on how to address the fears related
to political Federation, it is important for each member state to identify their
challenges with clarity. Rwandan challenges can broadly be divided into two
categories- the legal hurdles and the non-legal hurdles. These fears threatens
Rwandas participation towards the establishment of the Political Federation to its
-
7/25/2019 Legal Analysis of the Fast-tracking of t
14/24
!& # ! " # $
fullness. These fears are addressed below.
1. Loss of Sovereignty
This is a legal hurdle. Just like other EAC member states, Rwanda is worried of losing
its power and independence of decision-making. According to this fear, two questions
are often posed. The first question is how political federation will modify the
sovereignty of Rwanda as well as other member States, and secondly, the kind of
sovereignty that will emerge out of the Political Federation.
According to Blacks Law Dictionary, 6th Edition, Sovereignty is the supreme,
absolute, and uncontrollable power by which any independent state is governed;
supreme political authority; the supreme will; paramount control of the constitution
and frame of government and its administration; the self-sufficient source of political
power, from which all specific political powers are derived; the international
independence of a state, combined with the right and power of regulating its internal
affairs without foreign dictation; also a political society, or state, which is sovereign
and independent16
. Sovereignty has three perspectives namely the holder of
sovereignty; the supremacy and legitimacy of power within a territory; and
international legal personality17.
Yielding international persona is a great challenge; it poses the problematic question
of state succession touching matters like the debts contracted, the acquired properties
and the treaties ratified by countries and the international organizations18
. Additional
16http://www.hawaii-nation.org/sovereignty.html (accessed on the 16th March 18, 2015)
17Stanford Encyclopedia of Philosophy http://plato.stanford.edu/entries/sovereignty/#1;
Wolfgang H. Reinicke, Global Public Policy, Foreign Affairs, Volume 76 No. 6
November/December 1997, p. 129; Alain Benoist, What is Sovereignty? p. 100http://www.alaindebenoist.com/pdf/what_is_sovereignty.pdf (accessed on 16th March 2015)18
The Vienna Convention of State Succession to Treaties and the Vienna Convention to
-
7/25/2019 Legal Analysis of the Fast-tracking of t
15/24
!' # ! " # $
is the challenge relating to the person responsible for managing the common resources.
Resource management relates to budget and resource allocation, taxation,
disbursement of development aid and other shared resources. Not withstanding the
challenges, the Political federation will bring many benefits to the community.
Whereas smaller economies risk marginalization regionally, a larger sovereign state
stands to be stronger with increased bargaining power in foreign relations and
international trade. The Rwandan fears are therefore legitimate in both economic and
political fronts.
In order to fend off this challenge, the people of Rwanda and the East Africa should
be exposed to appreciate that political federation involves yielding of certain parts of
sovereignty. Disseminating and highlighting the proposed federation eases the cold
war associated with its formation. The EAC must implement fully, the stages of
integration preceding the political federation to realize palpable benefits; this boosts
confidence in the proposed Federation. As a stop-gap measure, before the
establishment of the political federation as well as enabling a steady yielding of
sovereignty to the regional bloc, certain powers of exclusive competence ought to be
accorded to the Secretariat, for instance, in the external trade; and Partner States must
be ready to yield their international legal status in order to confederate.
2.Absence of clarity on the Model of the Political Federation
Kenyan citizens as well as other citizens from other member states are not aware how
the political federation will be like. Concerns have been raised on the absence of
Succession of Debts, State Property and Archives govern this.
-
7/25/2019 Legal Analysis of the Fast-tracking of t
16/24
!( # ! " # $
clarity on how the model of EA political federation will look like. This has led to a lot
of speculations. As a result there is a momentous fear of the unknown.
The Treaty establishing the East African Community indicates political federation is
the ultimate objective of the Community19. The Treaty does not however specify the
nature of the federation. It thus follows that in its existing form, the treaty is not
sufficient to guide the process of the establishment of the EAC political federation.
Nevertheless, the principles opined in the treaty including that of Subsidiarity,
Variable Geometry, Equitable Distribution of Benefits, Asymmetry and of
Complementarity are the stepping stone although not sufficient in guiding the
establishment of the political federation20
. It is therefore incumbent upon Rwanda and
other States to negotiate the Treaty for the establishment of the East African Political
Federation founded on distinct principles that are agreeable to them. This includes
defining clearly the model of the East African Political Federation and the place of
each member country in the federation.
3. Disparities in Governance
Kenya has been touted to have a better governance structure compared to other EA
States. Kenya just as other EAC states suffer from the ailments associated with poor
governance practices but to a varied degree. Such ailments include corruption, human
rights violation, and absence of constitutionalism and the rule of law21
. Many
concerned Kenyans fear that these ailments are bound to spillover to Kenya and other
Partner States with better governance records. These fears are genuine as the effects
19
Article 5 (2) of the EAC Treaty,20Article 6 of the EAC Treaty on the Fundamental Principles of the Community
21National Consultative Committee Reports.
-
7/25/2019 Legal Analysis of the Fast-tracking of t
17/24
!) # ! " # $
of bad governance may undo the progress realized at the national level for instance in
attaining peaceful, constitutional transfer of power and the fight against corruption.
There are fears concerning the democratic shortfalls as well as lack of accountability
in certain of the Partner States, which could be replicated at the EAC political
federation. The incongruence in political systems and Partner States constitutions
also raises a legitimate concern towards the realization of a political federation.
Of importance too is the absence of mergence in election cycles resulting in national
elections being spread over three consecutive years. This interrupts the integration
process and the economies of the member countries. It is therefore important to put
into consideration a convergence thus creating a uniform election period for all five
states so that all national elections in all five Partner States including Rwanda can be
held in the same year22.
Effect of Fast-tracking the Political Federation on Existing National Foreign and
Defence Policies
Kenya and other EAC member countries are currently pursuing different security and
foreign policies23. Questions have therefore been put forth on how the federation will
affect Kenyas foreign relations between each Partner State. This is because the East
Africans fear losing defense and security autonomy, especially in post-conflict
countries such as Rwanda, Kenya and Burundi24
.
22 In practice it affects operations and timing of meetings at EAC as most decision-making
involves Partner State officials or national political leaders.23
Only the Republic of Burundi and the Republic of Kenya have ratified the Protocol on
Foreign Policy Co-ordination. The ratification was required by 30
th
June 2011.24None of the EAC member states has ratified the Protocol on Co-operation in Defense
Affairs despite the deadline for the ratification being 30thNovember 2012.
-
7/25/2019 Legal Analysis of the Fast-tracking of t
18/24
!* # ! " # $
The Treaty requires Partner States to establish common foreign and security policies.
To date, the Member States have signed a protocol to coordinate their individual
foreign policies25. Establishment of the EAC Common Market already implies that the
Partner States are implementing a common external trade policy26. Thus, the adoption
of a common foreign policy is an imperative.27
Deeper integration necessitates a common approach to matters of defence and security.
A conflict in one Member State has a momentous spillover consequence on the rest of
the countries within the region. It is necessary to have a common mechanism of
addressing both the internal conflicts as well as the external security threats. East
Africa that is secure, peaceful, and stable will attract investment and as well as
accelerating the socio-economic development. Rwanda and other member states must
therefore accelerate the process of harmonization of the existing foreign, security and
defence policies and practices.
25Protocol on the coordination of the Partner States common foreign policies is in the. This
provides a better and well-defined framework within which the Community is to pursue the
strengthening of its relations with other regional and international organisations, by enhancing
the Communitys competitiveness and increasing EACs leverage in this era of globalization.
http://www.eac.int/security/index.php?option=com_content&view=article&id=53:internation
al-relations&catid=15:peace-a-security&Itemid=111 (accessed on the 16th
March 18, 2015)
26Protocol on the Establishment of the EAC common Market.
27Article 123 of the EAC Treaty.
-
7/25/2019 Legal Analysis of the Fast-tracking of t
19/24
!+ # ! " # $
Unique Challenges Affecting Some Partner States in the Fast-tracking of the
Political Federation
Economic Imbalances
Kenya is the regions economic hub, other countries are concerned of the inequalities
in economies in the region and how stronger economies will dominate the weaker
ones. The stronger economies are seen to likely cause imbalance and inequitable
distribution of benefits arising out of integration. Failure to address this concern will
work towards undermining the integration process28.
Differences in the levels of wealth even within the same state have endangered socio-
political cohesion, peace and security of the country. A fundamental question for
regional integration, therefore, is: How do differently developed economies move into
a single market without disadvantaging some Partner States? This question is yet to be
put to rest conclusively.
EAC member states have varied socio-economic and political upbringings as well as
skills gaps. This has led to an imbalance in entrepreneurship, imbalanced competition
in manufacturing and provision of services, especially professional and financial
services. From the historical perspective as well as the state of EAC integration as at
today, this challenge still exist and ought to be tackled before transiting to deeper
forms of regional economic and political integration in the East African Community.29
28 The EAC countries mistrust each other. This is brought about by the facts that countries
positing stronger economies may take advantage of those with weaker economies thus
disadvantaging them. Policies and strategies to ensure equitable distribution of shared
resources must be put in place first.29http://www.eac.int/statistics/index.php?option=com_content&view=article&id=141&Itemid
=111(accessed on 17th
March 18, 2015)
-
7/25/2019 Legal Analysis of the Fast-tracking of t
20/24
$, # ! " # $
Labour and Competitiveness
Most EAC countries are concerned on how deeper integration; increased labour
mobility will inconvenience the less qualified and unskilled persons within its labour
market. The Common Market Protocol is deficient in terms of provisions addressing
the lopsided labour mobility30. It does not mention how economically vulnerable
groups will be aided to catch up with the rest of the members of the federation.
Human resource Surveys and Studies on harmonization of labour laws, including
social security schemes across the region, are on-going; though at a slow pace. In the
pipeline is also the harmonization of education and training curricula and certification,
across the region, it is at a burgeoning stage. Moreover, a general low level of
production characterizes the region31
.
Conclusion
Cooperation between states is not a new occurrence in or outside of the African
continent. East African regional cooperation began in the early 20s to promote the
economic status of the region. The proposed Political Federation of East African
countries was, and still remains, another attempt to address the problems facing the
region such as insecurity, poverty, security and poor infrastructure. Kenya being one
of the partner states in the revived EAC must move consciously.
30ILO (2006) Report of the Committee on Employment and Social Policy, GB.297/14(Rev.),
297th Session, International Labour Organization, Geneva
31 Regional Integration and Professional Labour mobility: a case of East Africa Community
(EAC) URI:http://erepository.uonbi.ac.ke:8080/xmlui/handle/123456789/59615 (accessed
on 17th March 18, 2015)
-
7/25/2019 Legal Analysis of the Fast-tracking of t
21/24
$! # ! " # $
Stability cannot be achieved in a precipitate federation as some staunch supporters
seem to propose, it must be attained through democratization, political good will and
the equitable distribution of national resources. The current political realignment in
Burundi, Kenya, Rwanda, and Uganda and Tanzania does not give space to real gain
from the federation by various member states, as these fears have not been addressed
fully. Astoundingly, many people in Uganda and Kenya seem to rush to a regional
political federation while many Rwandese and Tanzanians see the rationale for EAC
as uncertain and its benefits undefined. If a Political Federation is to occur, the
process should be gradual and not fast-tracked. While Burundi, Kenya, and Uganda
work on improving social justice and diminishing the ethnic element of politics,
Rwanda and Tanzania works on economic competitiveness hence the member states
are not in synch.
-
7/25/2019 Legal Analysis of the Fast-tracking of t
22/24
$$ # ! " # $
BIBLIOGRAPHY AND REFERENCES
1. Statutes &Treaties
1) Treaty Establishing the East African Community (EAC)
2) Vienna Convention on the Law of Treaties, 1969
3)
EAC, Protocol on Decision-Making by the Council
4)
EAC, Protocol on the Establishment of the East African Community Customs
Union
5) Protocol on the Establishment of the East African Community Common
Market
6) EAC, Protocol on the Co-operation in Defence Affairs
7)
EAC, Protocol on Foreign Policy Co-ordination
2. Books, Article & Journals
1) Adar, K. (2008). Fast-tracking East African political Federation: The Role and
limitations of the East African Legislative Assembly. Africa Insight, Volume
37 No. 4, 76-96.
2)
Brenton, P., & Bank, W. (2012). De-fragmenting Africa: deepening regional
trade integration in goods and services. International Development
Association , 27-57.
3) Brian Nzioki, T. T. (2012). Fast-tracking East African Integration : Assessing
the Feasibility of a Political Federation by 2010.london: Chr. Manuscript .
-
7/25/2019 Legal Analysis of the Fast-tracking of t
23/24
$% # ! " # $
4)
Community, M. E. (2012). Organizational Effectiveness of the regional
integration institutions: a case study of the East African Community. Africa
Conflict Monthly Monitors, 78-145. Retrieved March 21st, 2015, from
http://hdl.handle.net/10500/1325
5)
Mdachi, L. (2014). Regional Integration and People-Centredness:an
assessment of the mechanisms for popular involvement in decision-making of
the East African Community. New York: State Province Government
publication .
6) Mute, L. (2014). EAC: Federation by 2010? African Research Bulletin:
Political, Social and Cultural Series, 1681.
7)
Mwakio, B. (2013). Politics First: military integration in the East African
Community (EAC): East Africa -issues on Focus. SA ePublication Journal
Collection, 38-41.
8) Mwaseba, J. (2010). Proposed Political Federation of the East African
Countries: "Benefit" to Tanzania.washington DC: Carlisle Barracks, P.A U.S.
9)
Napier, C. (2010). An assessment of the role played by the political leaders,
nationalism and sub-nationalism in the establishment and the collapse of the
East African Community 1960-1977. SA ePublication Journal, 56-125.
Retrieved March 18th, 2015, from http://hdl.handle.net/10500/2335
10)Ntimpirangeza, P. (2013). East African Economic Integration: Benefits and
Challenges for the EAc Partner States.Kampala: World Bank.
11)Secretariat, E. A. (2002). The Treaty for the Establishment of the East African
Community.Arusha: German Agency for Technical co-operation.
-
7/25/2019 Legal Analysis of the Fast-tracking of t
24/24
#
12)
Smith, R. (2014). A review of African States in the first cycle of the UN
Human Rights Council's Universal Periodic Review. African Human Rights
Law Journal, Volume 14.
13)
top related