Unilateralism, national interests and regional integration in the East African Community

Headquartered in Arusha, Tanzania, the East African Community (EAC) is a regional intergovernmental organisation of five Partner States (Burundi, Kenya, Rwanda, Tanzania and Uganda). The EAC Treaty entered into force on 7 July 2000. Kenya, Tanzania and Uganda officially launched the EAC on 15 January 2001. Burundi and Rwanda became full EAC Partner States with effect from 1 July 2007. The Partner States undertake to establish a Customs Union, a Common Market, subsequently a Monetary Union and ultimately a Political Federation among themselves. In March 2004, the Partner States signed the EAC Customs Union Protocol and it came into effect in January 2005. A “fully fledged” Customs Union entered into force five years later on 1 January 2010. In November 2009, the EAC Heads of State signed and approved the EAC Common Market Protocol. In tandem with the ratification process, and operational start target of 1 July 2010, Partner States are endeavouring to ensure the enactment of relevant enabling legislation to give effect to the EAC Common Market Protocol by 21 August 2010.What mechanisms will Partner States institute to give legal effect to the provisions of the Common Market Protocol by 21 August 2010? This was the question asked of Partner States in the process of drafting this paper. This article presents the results of that evaluation. It evaluates the substantive content of the EAC’s economic acquis communautaire and assesses the progress made by each Partner State to approximate their national laws with the regional framework.Presented at the SIEL 2010 Conference in Barcelona.

The history of the “metamorphosis” of the East African Community (hereafter the EAC), though for the period of over a decade, is not so different from other international regional organizations. For example, the European Economic Community (hereafter the EEC) also underwent some ‘transformation’ before eventually becoming the EU[49]. More particularly, the article reflects on the early stages of the formation of the EAC, its early challenges and how it may have overcome them to attain its present status. Further, the article reflects on the roles and functions of the East African Community organs and institutions and at the same time touch on the important documents as legal instruments that have been adopted and ratified by the partner states. Additionally, the article will reflect on how effective the EAC has been in its commitment to observe the principles of democracy, the rule of law and social justice so as to show that the EAC stands out from other regional economic organizations in the continent. In conclusion this article will show that the history of the existence of the EAC and its re-establishment in 2000, give grounds to embrace its legal status especially following one of their objectives to form a federation among other principles listed in the treaty, which are in line with the general principles of International law.

The history of the “metamorphosis” of the East African Community (hereafter the EAC), though for the period of over a decade, is not so different from other international regional organizations. For example, the European Economic Community (hereafter the EEC) also underwent some ‘transformation’ before eventually becoming the EU[49]. More particularly, the article reflects on the early stages of the formation of the EAC, its early challenges and how it may have overcome them to attain its present status. Further, the article reflects on the roles and functions of the East African Community organs and institutions and at the same time touch on the important documents as legal instruments that have been adopted and ratified by the partner states. Additionally, the article will reflect on how effective the EAC has been in its commitment to observe the principles of democracy, the rule of law and social justice so as to show that the EAC stands out from other regional economic organizations in the continent. In conclusion this article will show that the history of the existence of the EAC and its re-establishment in 2000, give grounds to embrace its legal status especially following one of their objectives to form a federation among other principles listed in the treaty, which are in line with the general principles of International law.

IntroductionIn 2019, the East African Community (EAC) lost 12,048,918 disability-adjusted life-years (DALY) across all ages from neglected tropical diseases (NTDs). The specific objectives of the study reported in the paper were to estimate for EAC the monetary value of DALYs sustained by all ages from NTDs, and the potential productivity losses within the working age bracket of 15 years and above.MethodsThe EAC total monetary value of DALYs left({TMV{D_{EAC}}} right) lost from all 20 NTDs is the sum of each partner state’s monetary value of DALYs lost from all 20 NTDs. The ith partner state’s monetary value of DALY from jth disease equals ith state’s GDP per capita net of current health expenditure multiplied by DALYs lost from jth disease in 2019. The EAC total productivity losses left({TEP{L_{EAC}}} right) attributable to DALYs lost from all 20 NTDs is the sum of lost productivity across the seven partner states. The ith partner state’s productivity loss associated with jth disease equals ith state’s GDP per capita net of current health expenditure multiplied by DALYs lost from jth disease and the ith state’s labour force participation rate adjusted for underutilization (unemployment and time-related underemployment) in 2019.ResultsThe total 12,048,918 DALYs lost in EAC from NTDs had a TMV{D_{EAC}} of International Dollars (Int$) 21,824,211,076 and an average of Int$ 1811 per DALY. The 2,614,464 DALYs lost from NTD among 15-year-olds and above caused an estimated TEP{L_{EAC}} of Int$ 2,588,601,097 (0.392% of the EAC gross domestic product in 2019), and an average of Int$ 990.1 per DALY.ConclusionThe study succeeded in estimating the monetary value of DALYs sustained by all ages from 20 NTDs, and the potential productivity losses within the working age bracket of 15 years and above in the seven EAC partner states. The DALYs lost from NTD among 15-year-olds and above caused a sizeable loss in the economic productivity of EAC.

Regional integration in East Africa dates back more than a hundred years. This article provides a general synopsis of the East African Community (EAC) and traces the evolution of regional integration in Eastern Africa from colonial times to the present. The EAC, one of the most integrating Regional Economic Communities (RECs) in Africa, and the focus of this special issue, is currently made up of five independent countries: Burundi, Kenya, Rwanda, Uganda, and Tanzania. The article describes the EAC's governance and institutional arrangements and outlines key integration achievements to date, notably the establishment of the Common Market, the promise to establish the monetary union by 2017, and the ultimate goal of achieving a political federation. Noting that as elsewhere in the world regional integration is hard and often protracted among sovereign states, the article discusses the EAC's challenges, opportunities, and drivers for deeper integration. It also provides a brief discussion of the region's natural resources, land, demography, and infrastructure. This provides the background for undertaking a qualitative and quantitative assessment of the EAC economies along the measures of governance, development capacity, economy, investment climate, and foreign direct investment inflows. Overall, the data paint a nuanced picture of impressive progress in the midst of daunting challenges. Looking forward, the article concludes that the prospects for deeper integration are promising, providing the EAC continues to build on its successes, confronts current and future challenges, and takes a holistic long-term approach to the effective management of deeper regional integration. We end by calling upon the international community to play a more strategic role, working with the EAC and member states for the effective and sustaining implementation of regional and continental integration.

The relation between the East African Community (EAC) and the European Union (EU) has so far contributed towards the economic development of both regions. However, on the issues of trade, technical assistance and foreign aid, the relationship has not always been symbiotic. The EAC has heavily relied on EU funding and technical expertise to support it programmes. Out of 112,984,442 million USD, the EAC budget for 2024/2025, 61% of the funding comes from partners with the EU doing the heaviest financial lifting of 30%. In 2023/2024 budget, the EU cushioned the EAC budget with 40% technical budgetary support and in 2022/2023 budget, the EU contributed 50% support. Of the budgetary and programmes support, the EU has dictated the appropriation of the EAC budget. Large chunks of money have been going to line items compatible with the EU foreign policy. Although the EU is the main trade partner of the EAC, the relation has been quite dependent. This paper argues that the EAC bloc is quite parasitic in its relations with the EU. Because of this parasitic relationship, the EU has dictated the programmes of the EAC secretariat in leitmotif of “he who pays the piper, dictates the tune”. Although some EAC partner states and the EU member states have inked Economic Partnership Agreements (EPAs), the EAC is yet to fully liberalize its markets, meets the standards requirements of goods, improve on governance and human rights. Instead of implementing EPAs requirements, the EAC has been relying on the EU handouts. This relation has been off balance and set the EAC in a weaker position. For EU-EAC relations to be symbiotic and of equal benefits to both regions, EAC partner states have a caveat to improve on governance, human rights, and adherence to EPAs. Above all, the EAC should begin to delink itself from heavily reliance on EU funding for its programmes and projects and entirely fund these programmes and projects from partner states. This paper used elite interviews and secondary sources to understand the relationship between the EAC and the EU. It combines processing tracing, case study and comparative methods to contextualize and validate causal chains and casual processes. Furthermore, the paper theorizes regional integration and constructs the concept of the parasitic bloc to depict EAC-EU relations. Finally, it draws conclusion and recommends direction of future research.

As part of a doctoral study, this review makes a case for the study of the influence of Civil Society Organizations (CSOs) on the integration of the East African Community (EAC). Beginning with philosophical postulations on the meaning and role of CSOs in governance to contemporary conceptions of their nature and anticipated influence, the article delves into scholarly work on their actual participation in the European Union (EU), the Americas, Asia, and Africa. Except for a few divergent observations, there is a general academic consensus on the significance of CSOs in governance facets such as policy making, enhancing citizen participation, transparency, and accountability. However, except for the EU where numerous studies on their influence exist, there is a dearth of the same in other parts of the world. In the EAC, treaty provisions for the anticipated role of CSOs in the integration process are explicit. However, more than two decades after its re-establishment, a lacuna exists on their actual influence on community policy processes. Further studies are therefore recommended to fill this practical and academic gap. Additionally, it will be important to unearth the determinants of their influence and the strategies they adopt in the unique African governance setting. Keywords: civil society, third sector, regional integration, East African Community DOI: 10.7176/IAGS/91-01 Publication date : November 30 th 2021

ABSTRACTDuring the colonial period of East Africa, railways represented the pre-eminence of colonial influence, commerce and unity within the region. The railways were not just the physical link that connected territories, but also created their own social and economic structures to support them that defined regional authority. Post-colonial East African leaders attempted to capitalize on this existing structure to build on regional bonds. However, the unity that was enforced during the colonial period had become untenable, as national interests within each member state prevented the strengthening of regional ties. This was reflected within one institution: East African Railways. The joys of independence and regional unity soon ran up against the economic and political difficulties between member states of the East African Community (EAC). The latent inequalities between member states could not be overcome and regional interests gave way to nationalistic ones. Within a decade after its founding, the East African Railways had collapsed along with the broader EAC. Decades later, a new EAC has arisen, and with it plans to expand the existing East African Railway network. Will the railways now become a symbol for regional unity or once again become a chess piece in promoting member state's national interests?

This chapter scrutinizes the phenomenon of informal cross-border trade (ICBT) within the East African Community (EAC) through following traders' incentives to rely on informal trade channels despite deepened trade integration. It provides new micro insights about the challenges that regional integration in the EAC encounters and will attempt to position ICBTs in the debate around regional integration. The chapter offers an overview of EAC integration and presents case studies of two ICB traders. It makes assumptions about informal traders' role in regional integration and shows the case for an analysis of regional integration from a micro perspective. The chapter points out the strategies refraining from business expansion to the time-consuming bypassing of control posts, or tolerating blackmailing and bribery. The EAC partner states share a history of regional cooperation that was institutionalized between the then British colonies as a Customs Union (CU) which led to further cooperation with a Common External Tariff (CET) and harmonization in currency, education and postage.

East African Community from a traditional three states to the current six states has undergone different experiences in her cooperation and integration process from the pre-independence, the independence era, and post-independence era which suits the definition of the contemporary era. The context of the contemporary global political economy revolves around a post-tripartite trading block among neighboring states, shaped by empirical theory (what is the question) as opposed to the normative theory of “what ought to be”. Such realities are relationships based in forms of amity and enmity in the process of competition between citizens/states over policy preferences and interests. The resultant effects lead to; first, shifts in patterns of cooperation and integration, and secondly, the existence of durability and endurability in cooperation and integration. After examination and assessment of the effects respectively in relation to the East African experience, this article/presentation proposes a need to transcend the above enmity for amity in East African Community Cooperation and Integration process. Underscoring the existence of amity and enmity in state cooperation and integration in a region such as EAC defines a Regional Security Complex due to socio-eco-political beneficial security interdependences and existing vs potential conflicts. The need for a unified developmental-centric approach through cooperation and integration by EAC from the foregoing prompts the need for the application of Regional Security Complex Theory (RSCT) by Buzan and Waver.

The Common Market Protocol of the East African Community (EAC) serves the purpose of encouraging free movement of goods and services across the borders of the EAC Partner States. However, recent legal battles in Uganda and Rwanda highlight the fact that the territorial nature of Intellectual Property Rights is at variance with the spirit of free trade within the EAC, and the legal protection meant to go with such free trade. Coupled with this is the fact that national borders sometimes cut across ethnic groupings that share cultural traits. There is an increasing need to protect Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs) from misappropriation and exploitation, which inevitably pit different communities and their host countries against each other within the EAC. This is primarily due to the fact that the Partner States within the EAC have responded differently to the need for policy and legal frameworks regarding the protection of TK and TCEs. This paper looks at the contrast between the general interests of the EAC Partner States as portrayed in key treaties that they have signed, and their legal obligations and interests as derived from their respective policy and legal frameworks pertaining to the protection of Intellectual Property, TK and TCEs. The paper points out the underlying challenges that have enabled the situation as it is to be different from what it ought to be in terms of generating enjoyment of free movement of goods and services, as well as promoting a better IP and quasi-IP (TK and TCEs) environment in the EAC. The paper goes on to argue that specific reforms are needed within the EAC region as a whole, as well as within each Partner State, so as to generate a win-win situation.

This paper looks at the responsibility that the East African Community (EAC) has in safeguarding the right of physical integrity and freedom among the citizens of the Community’s Partner States. It examines the extent in which the EAC has discharged that responsibility and what needs to be in response to any existing shortcomings. The first part of this work is the conceptual framework where the key concepts have been defined and explained. Those concepts are the right to bodily integrity and freedom. The next part is on the legal and institutional framework of the East African Community which deals with protection of the right of physical integrity and freedom. After that part, I have presented a number of incidents of violation of the right of physical integrity and freedom within the EAC region in order to use them as the basis for examining the performance of the EAC’s responsibility referred to herein. The main findings of this work are that EAC has an enormous responsibility to safeguard the right to physical integrity and freedom within its jurisdiction; and that so far, the EAC has underperformed that task. Most of what has been done is more of strategizing, planning and expression of commitments while very little work has been down on the ground. As a result, many citizens of EAC Partner States continue to suffer gross violations of their right of physical integrity as well as their freedoms both from governmental and non-governmental actors. In view of that, the paper has urged the EAC and its Partner States to be more proactive in discharging that significant responsibility.

The development of disability rights saw a spate of growth in the period preceding 2013 both internationally and in the East African region. During this period, most East African Community (EAC) partner states ratified the UN Convention on the Rights of Persons with Disabilities (CRPD)1 as well as took steps to enact or review domestic legislation in the area of disability. At the East African regional level, several instruments were concluded for the empowerment of persons with disabilities as well as the advancement of their rights. However, there appears to have been a slowing down of this initial momentum, as will be shown below2. As an organising bloc, the EAC has various mandates. Although the Community is premised on the economic co-operation of partner states parties, a number of areas of co-operation are spelt out in both its Establishing Treaty and the Protocol.3 For example, under the Protocol, while partner states have the broad mandate to harmonise social policies, they are specifically obligated to, among others, harmonise their social policies relating to good governance, the rule of law and social justice; promotion and protection of human and peoples’ rights; promotion of equal opportunities and gender equality; promotion and protection of the rights of marginalised and vulnerable groups.4

On 30 November 1999, the Heads of State of the East African Community met in Arusha, Tanzania, and concluded the Treaty for the establishment of the East African Community. The Treaty came into force on 7 July 2000. The founding members of this Community were Kenya, Uganda, and Tanzania. Rwanda and Burundi acceded to the Treaty in 2007 while South Sudan acceded to the Treaty in 2016. While the treaty has the potential of promoting unity among the partner states, this is threatened by the fact that it fails to address how Partner States should implement it. A critical analysis of the jurisprudence from the East African Court of Justice and those of the Court of Justice of the European Union shows that community law is an autonomous legal order in which Partner States have accepted to cede part of their sovereignty to the community. Therefore, community law, unlike international law which houses it, has primacy over the municipal law of the Partner States, notwithstanding their constitutional philosophies. This paper seeks to examine how East African Community Law is implemented by partner states by reviewing the EAC Treaty, the decisions of the East African Court of Justice and the municipal laws of partner states. Decisions of the Court of Justice of the European Union on the implementation of European Union Law by Partner States of the European Union are discussed as lessons to be learnt in the East African Community.

This article discusses the legal regimes for enforcing foreign arbitral awards within the East African Community (EAC). It focuses specifically on the enforcement of awards from partner states as well as from the East African Court of Justice (EACJ), which, although a supranational court, has jurisdiction to accept parties’ designation to act as an arbitral tribunal. The EAC has not yet developed a supranational community law based regime for enforcing foreign arbitral awards. The current dominant regime for enforcing such awards is the New York Convention. The article examines how the convention has been applied in the partner states and discusses aspects of the existing jurisprudence that demand reconsideration. It examines the suitability of applying the convention regime to awards from the EACJ, and the case for harmonizing the legal regimes for enforcing foreign arbitral awards within the EAC.