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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

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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


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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.


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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.


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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.


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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.


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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)


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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.


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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.


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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.


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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.

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Towards the Establishment of a One Area Network for East Africa


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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.


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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


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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


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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.


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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.


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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.


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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.


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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)


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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)


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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.


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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 .


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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.


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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)

legal analysis of the fast-tracking of t

Documents