Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

PDF Sensitization Guide On Eac

Download as pdf or txt
Download as pdf or txt
You are on page 1of 44

A CITIZEN’s GUIDE

STRENTHENING POPULAR PARTICIPATION IN THE EAC

CSO ENGAGEMENT FROM THEN TO NOW


Outline of this awareness guide on
the EAC Structure and Processes
• Foreword
• Acronyms
• Part I: An overview of the East African Community
Vision an Mission of the EAC
Core Values
Objectives
Partner States
History of the cooperation
Treaty Provisions for non-state actors participation
Treaty provisions for area of cooperation with non-state actors
• Part II: A description of the EAC Organs and Institutions and
their impact on Society
Treaty provision for the Establishment of the EAC Organs &
Institutions
The Summit
The Council of Ministers
The Coordination Committee
The Secretariat
The East Africa Legislative Assembly
The East African Court of Justice
Institutions of the Community
• Part III: Phases of the EAC Integration
Customs Union

The Common Market

The Monetary Union

The Political Federation


• Part IV: People Centered Participation/EAC Citizens Influencing
the Policy and Decision Making
Introduction
Roles and Responsibilities
 East Africa Residents
National Governments and EAC
The EAC Decision Making Process
The EAC PSO/CSO Dialogue Framework
 Institutionalized avenues
Other avenues
Regional Non State Actors
The role of Ministries responsible for EAC Affairs (MEACAs) in
the Partner States
• FOREWORD
This guide is meant to sensitize East African non-state actors (NSAs)about the
EAC structures and processes
The non-state actors in the EAC context include:
 Civil Society
Private Sector
Other interest Groups
The roles of NSAs are outlined in articles 127 & 129 of the Treaty for the
establishment of the EAC
This guide is important in that as the EAC deepens the integration process it is
imperative to engage NSAs.
The genesis of this guide is Article 7(1)(a) People Centered and Market Driven
co-operation to support the EAC as an entity and the Partners states in realizing:
a. Strengthened economic, social, cultural, political, technological and other ties
for fast balanced and sustainable development of the region and
b. Improved standards of living, enhanced economic stability and close and
peaceful relations among Partner States.
PART 1 OVERVIEW OF THE EAC
1. Vision: The vision of the EAC is that of a prosperous,
competitive, secure and politically united entity, focusing its
effort on improving the quality of life of its citizens through
increased competitiveness, value added production, trade and
investment.
2. EAC Core Values: EAC subscribes to the core values of
professionalism, accountability, transparency, teamwork and
unity in diversity.
3. Objectives of the Community: The primary objective is to raise
the living standards of the people through promotion of
entrepreneurial skills and collaboration. For this to take place,
the EAC must uphold good governance, free market economy
and rule of laws as pre-requisite for regional development and
global partnerships.
4. Facts: The EAC is an intergovernmental organization which
the Republics of Kenya, Burundi, Rwanda, Uganda, United
Republic of Tanzania, Southern Sudan an Democratic Republic
of Congo.
5. Objectives of the Community: The primary objective is to raise
the living standards of the people through promotion of
entrepreneurial skills and collaboration.
The total population of EAC is xx and the main economic
activities among the people of the EAC is agriculture.
6. Partners States: Each Partners State has established a
Ministry for EAC affairs and this coordinates EAC affairs at the
national level.
7. History of the Cooperation: The first attempt to form a regional
economic community in East Africa was in 1967 when the East
African Cooperation(EAC) was formed, but collapsed in 1977 for
various reasons
In 1997, negotiations to transform the Tripartite Agreement into a
Treaty began. The Treaty for the Establishment of the EAC was
signed in November 1999.
8. The Treaty is:
Designated to foster regional peace amd security, while
providing an appropriate response for economic development
and competiveness in light of globalization of trade and
transnational corporations and
A people centered and private sector led regional integration
organization establishing cooperation among EAC Partners
States, the Civil society and the business community.
9 Protocols under the Treaty:
Protocol for Establishment of the EAC
Common Market Protocol
Protocol on Decision Making by the Council
Protocol for combating Drug Trafficking in EAC
Protocol on Standardization, Quality Assurance Metrology and
Testing
Protocol for sustainable Development of the Lake Victoria Basin
Protocol on the Establishment of Civil Aviation Safety & Security
Oversight Agency (CASSOA)
Protocol on Environment & Natural Resources
Protocol on Establishment of Kiswahili Commission
Protocol on Establishment of East African Health Research
Commission
Protocol on the Establishment of East African Science and
Technology Commission
10. Treaty Provision for NSAs
Underscore people centered and market driven cooperation
Emphasizes multi-stakeholders participation and involvement of a
wide arrange of civic actors in the integration process
The Treaty also is based on the principle of complementarity
11. Was that Partners States ensure that PSOs and CSOs Benefit
Put in place investment laws that encourage private business
Develop their markets through better road/rail linkages and removal
of obstacles to market development
Encourage investment across the borders and strengthen
cooperation of their chambers of commerce and similar
organizations
 Establish in collaboration with their Chambers of commerce, lending
institutions to cater for the small-scale business
Promote the participation of non-governmental organization in the
development activities within the Community.
12. Treaty directive to the Secretary General
The SG has been charged with the duty of making necessary
arrangements for periodic consultations among private sector, civil
society, other interest group and relevant institution of the
Community
13. How do Partners States strengthen the role of the private sector
in development their economies accordingly:
Encourage the efficient use of scares resources
Promote the development of private sector organizations which are
engaged in all types
 Encourage and sponsor practical, resourceful and creative methods
of income generation in the private sector and
 Establish a quality information system which will allow collection,
harmonize processing and timely, dissemination of data and
information
14. The Council of Ministers and NSAs
 According to EAC Treaty the Council of Ministers shall put in place
methods for the effective contributions of private sector and civil society to
the development of the Community
This will be done by:
I. Putting in place means of settling disputes among the business
community;
II. Encouraging the efficient use of scarce resources and promote the
development of private sector organization, such as, the Chamber of
Commerce and Industry, Confederations and Associations of Industry,
Agriculture, Manufacturers, Farmers, Traders and Services Providers and
Professional Groups
III. Encouraging and sponsoring practical and resourceful methods of
income generations in the private sector, and
IV. Establishing a quality information system which will allow collection,
harmonized processing and timely dissemination of data and
information.
15. Treaty stipulated areas of cooperation with NSAs
 The promotion of programs for disadvantaged and marginalized
groups like the PWDs, elderly, youth, children among others5 ;This will be
done by
 The enhancement of women in socio-economic development, e.g.
participation of women in decision making processes at the policy
formulation and implementation levels.
 The promotion of peace and security through cooperation and
consultations in order to prevent, resolve and/or manage differences
between the Partner State.
 The cooperation in health, culture and sports and social welfare
programs.
 The development of common education programs at all levels and the
joint establishment of research institutions in the various areas of science
and technology
PART II: EAC
ORGANS/INSTITUTION &
THEIR IMACT OF
SOCIETY
 The main Organs of the EAC
are the Summit of Heads of
State; Council of Ministers; Co-
ordination Committee; Sectoral
Committees; East African Court
of Justice, East African
Legislative Assembly; and the
Secretariat. These Organs derive
their authority from the Treaty
SUMMIT OF HEADS OF STATE
 The Summit consists of the Heads of State of the Partner States and gives
general direction and thrust to the development and achievement of the
objectives of the Community.
The Summit meets at least once a year to consider the annual progress reports
and such other reports submitted to it by the Council. It may also hold
extraordinary meetings as necessary.
It also reviews the state of peace, security and good governance within the
Community and the progress achieved towards political federation of the
Partner States
The Treaty may confer other functions to the Summit and the Summit may in
turn delegate the exercise of any functions to a member of the Summit, to the
Council or to the Secretary General
SUMMIT OF HEADS OF STATE……Continued
 The Summit is also empowered by the Treaty to make rules and orders to
guide and direct operations of the Community. where such rules and orders are
made the Summit shall publish in the Gazette and shall come into force on the
date of publication
The Summit determines its own procedures and its decisions are reached
through consensus. These decisions are binding to all citizens and directly
impact
on their lives. This is the reason why the decision-making process at the EAC is
objective and well informed.
THE SUMMIT SHALL NOT DELEGATE THE FOLLOWING
 Giving of general direction and impetus
 Appointment of Judges to the East African Court of Justice
 Admission of new members and the granting of observer status to foreign
countries; an
 The assent to Bills.
THE COUNCILS OF MINISTERS
 The Council of Ministers is the Policy Organ of the Community. It consists
of the Ministers responsible for regional co-operation of each Partner State and
such other Ministers of the Partner States as each Partner State shall
determine.
Amongst its functions, the Council promotes, monitors and keeps under
constant review the implementation of the programs of the Community and
ensures the proper functioning of the regional organization.
The Council meets in regular sessions, at least twice a year, one of which is
held immediately preceding a meeting of the Summit, and may hold
extraordinary meetings as necessary
The Council may establish Sectoral Councils to deal with such matters as arise
under the Treaty and the decisions of such Sectoral Councils will have the same
effect as those of the Council of Ministers
THE COORDINATION COMMITTEE
The Co-ordination Committee consists of the Permanent Secretaries
responsible for regional co-operation in each Partner State and other such
Permanent Secretaries of the Partner States as each Partner State may
determine. The Coordination Committee reports to the Council of Ministers and
is responsible for:
 implementing decisions of Summit and the Council of Ministers, and
the Treaty in general;
 The determination of its own procedures for convening meetings; and
The co-ordination of the activities of the Sectoral Committees
SETORAL COMMITTEES
Sectoral Committees are created by the Council of Ministers to oversee the sectoral
implementation of programs of the Community. These Committees report to the
Coordination Committee.

The Sectoral Committees members comprise senior officials from Sector Ministries
(Trade, Industrial Development, Finance, Infrastructure and Services, Maritime
Transport, Health, Agriculture, Environment management, etc) in the Partner States

What are the responsibilities of Sectoral committees?


 Preparing comprehensive implementation programs; definition of priorities with
respect to their respective sectors as well as monitoring their
implementation; and
 Addressing sector specific issues that impact on the Treaty.
THE SECRETARIATE
 The Secretariat is the Executive Organ of the Community. It is headed
by the Secretary General assisted by Deputy Secretaries General and includes the
offices of Counsel to the Community and other officers appointed by the Council.
 The Secretary General is appointed by the Summit upon nomination by a
Partner State on a rotating principle. S/He is the Principal Executive Officer and
Accounting Officer of the Community and the Secretary of the Summit, and
performs other duties as may be assigned to him/her by the Summit from time to
time.
 The Secretary General and the officers serving under him/her constitute the
Secretariat that is located in Arusha, Tanzania. The Secretariat arranges meetings
with external actors such as those within Civil Society, the market and foreign
governments.
 The core budget of the EAC’s Secretariat is funded by equal contributions from
the Partner States complemented with additional funding from Development
Partners
EAST AFRICAN LEGISLATIVE ASSEMBLY
 The East African Legislative Assembly (EALA) is the Legislative Organ of
the EAC and liaises with National Assemblies of Partner States. Its membership
consists of 45 elected members, nine from each Partner State, plus seven ex-officio
members.
The ex-officio members include the Ministers responsible for the East
African Community Affairs of the Partner States, the Secretary General and the
EAC Counsel to the Community (CTC).
 The functions of the EALA are representation and oversight, i.e. deliberating
and approving the EAC budget and considering annual reports of the activities of the
Community.
 EALA makes its own rules and procedures and those of its Committees. The
business of the House is defined by its Bills, Motions, Petitions and Questions.
Article 59 of the Treaty gives every Member of the Assembly a right to propose
any Motion or to introduce any Bill in the Assembly. Since the Assembly was
constituted in 2001, Members have passed 42 Bills
EAST AFRICAN LEGISLATIVE ASSEMBLY
 Must be relevant to the operational principles of the EAC;
 Should not impose any charge upon any fund of the Community; and
 Shall not make provisions for payment, issue or withdrawal from any fund
of the Community any monies charged thereon or the increase in the
amount of any such payment, issue or withdrawal.
EAST AFRICAN COURT OF JUSTICE
 The East African Court of Justice (EACJ) is a Treaty based judicial body of the
EAC, established under Article 9 (v) of the Treaty tasked to ensure adherence to
law in the interpretation and application of and compliance with the Treaty.
 The current seat of EACJ is in Arusha and the High Courts of the Partner States
serve as sub-registries of the Court
 The Judge President, the Principal Judge and the Judges are appointed by the
Summit. A Judge may be removed from office if a Committee of three
independent Judges from the Commonwealth of Nations advises the Summit
that the Judge has failed to carry out his or her duties or has misbehaved.
 The Treaty specifies in what instances and which bodies can make
references to the Court, but these are confined to a Partner State, the
Secretary General or any person (both legal and natural) resident in a
Partner State. Any resident of a Partner State may challenge the legality of any
Act, regulation, directive, decision or action of a Partner State or an institution
of the Community, but only in relation to interpretation of the Treaty
provisions.
OTHERE INSTITUTIONS OF THE EAC
 The Inter-University council for East Africa (IUCEA)
 Lake Victoria Basin Commission (LVBC)
 Lake Victoria Fisheries Organization (LVFO)
 East African Development Bank (EADB)
 Civil aviation Safety and Security Oversight agency ( CASSOA)
PART III PHASES OF REGIONAL INTEGRATION
The Treaty for the Establishment of the East African Community spells out
the four stages of the EAC integration process namely, the Customs Union as the
entry point to the Community, followed by a Common Market, then a Monetary
Union and ultimately a Political Federation.
1. CUSTOMS UNION PROTOCOL
The Customs Union is the first stage of the EAC integration process. It is characterized
by same import tax on all goods from outside East Africa, removal
of all taxes on goods between the countries of the Community, removal of non-
tariff barriers, common external tariff, common customs law and establishment of a
common regulatory body. The East African Community Customs Union was launched in
2005 to
 Liberalize intra-regional trade in goods on the basis of mutually beneficial trade
arrangements among the Partner States;
 Promote efficiency in production within the Community;
 Enhance domestic, cross-border and foreign investment in the Community; and
 Promote economic development and diversification in industrialization in the
Community
2. COMMON MARKET PROTOCOL CUSTOMS UNION PROTOCOL
he Common Market is a second stage of the EAC integration process. It is a trading bloc
composed of a Customs Union and possesses common policies on product regulation,
free movement of goods, services, labor and capital. The main characteristics of a
Common Market are: free mobility of labor and persons; free mobility of services;
harmonization of legal framework for capital markets (common goals approach); free
mobility of capital; strong institutions to monitor decisions; and harmonization of
monetary and fiscal policies. The East African Community Common Market Protocol
was signed on 1st July 2010 and is established to provide the following:
 The free movement of goods;
 The free movement of persons;
 The free movement of labor;
 The free movement of services; and
 The free movement of capital;
 The right of establishment;
 The right of residence
3. THE MONETARY UNION
The Monetary Union is the third stage of the EAC integration process. It
is characterized by the following:
 A common currency with a centralized monetary authority;
 Coordinated macro-economic policies;
 Strong central institutions and common policies for structural change and
development.
The envisaged EAC Monetary Union is expected to adhere to these
characteristics in broadening and deepening the integration process, and smooth
trading activities between and among the peoples of the region.
4. THE POLITICAL FEDERATION
The Political Federation is the final stage of the EAC integration process.
This includes having a central political authority as well as common foreign and
security policies.
 The ultimate aim of the EAC integration process is the attainment of the
4th pillar i.e. a Political Federation.
 The Treaty is not explicit on the time frame for the establishment of
the various stages of integration with the exception of the Customs union
which was set at 4 years after signing the signing of the Treaty. However,
in Article 123 (6) it is provided that “the Summit shall initiate the process
towards the establishment of the Political Federation of the Partner States by
directing the Council of Ministers to undertake the process
JUSTIFICATION OF POLITICAL FEDERATION
The need for a central authority to coordinate and implement decisions
made by various Organs of the East African Community and to ensure that
they are done efficiently and effectively.
The Political Federation will enhance the consolidation of what has so far
been achieved in the integration process.
The Political federation will be used as a mechanism for channeling the
benefits of economic integration more equitably among the Partner States.
Political Integration quickens economic integration because it is easier to
coordinate one planning unit than several sovereign ones.
A central political authority will generate savings through consolidating
rather than duplication of efforts.
There will be higher revenues from the bigger unit. The higher revenues will
be more equitably accessible to all citizens under a Political Federation
JUSTIFICATION OF POLITICAL FEDERATION……….continued
 A Political federation will enable the people of East Africa to harness
diversity for a common goal and re-unite erstwhile cross border
communities.
The Political Federation will minimize the occurrence of conflicts
in the region as well as enhance and legitimize the participation of
Partner States in conflict management in the region whenever they occur.
The Political Federation will promote better management and utilization
of shared natural resources, better environmental management and the
promotion of tourism and investment.
The Political Federation will represent EAC as a bigger unit in the global
economic arena with a united and stronger voice.
PART IV: PEOPLE CENTERED PARTICIPATION /EAC CITIZENS INFLUENCING THE
POLICY AND DECISION MAKING PROCESSS
The framework of the EAC is guided by the principles of the Community
including people centered cooperation where the main beneficiaries of the
Community will be East African citizens.
They would be the main players through the non-state actors. These groups
are entitled to participate in the activities of the Community at all levels and
can engage the various Organs of EAC such as EALA, EACJ, EAC Secretariat to
input into the policy and decision making process
Under Art.127 of the EAC Treaty, Partner States are to promote, “an enabling
environment for the participation of Civil Society in the development of
activities within the Community.
However, the most salient point is that, for any stage of regional integration to
be successful and sustainable, it must incorporate full ownership and
participation by the people, especially through their institutions of choice, be
they political parties, trade unions, membership organizations, civil society
rganisations
ROLES & RESPOSIBILITIES OF ALL ACTORS
East African Residents
The East African Residents can input into the EAC processes through the civil
society organizations, private sector organizations and other organized groups
to ensure that they are part of the policy and decision making processes and
their concerns are taken into consideration.
National Government & EAC Secretariat
Governments at national and regional levels have a duty to provide an
enabling environment for active participation of the residents of East Africa.
They also have a duty to provide avenues for dialogue such as laws,
institutions, and democratic space in a manner that respects the principles of
social justice, good governance and universally accepted human rights
standards.
EAC DECISION MAKING PROCESS
THE EAC PSOs & CSOs DIALOGUE FRAMEWORK
There is also a proposed EAC-PSO-CSO dialogue framework to enhance active
participation of non-state actors in the decision making process of the EAC which is
pending approval by the EAC Council of Ministers (see chart below).
The framework for structured dialogue between the EAC and non-state actors
is within the context of Articles 127, 128 and 129 of the Treaty.
The dialogue is imperative so as to ensure that the integration process proceeds with
the involvement of the citizens of East Africa and is undertaken in the context of
multi-stakeholder partnerships.
 This ensures that the objectives of widening and deepening cooperation among the
Partner States in among other areas, political, economic, social, cultural, health,
education, science and technology, defense, security, legal and judicial affairs is
achieved for the benefit of the people of East Africa
he dialogue framework envisages continuous dialogue between EAC, Partner
states, CSOs and PSOs both at the national and regional level. National dialogue
shall be coordinated through the Ministries responsible for EAC affairs while
regional dialogue will be at two levels
THE EAC PSOs & CSOs DIALOGUE FRAMEWORK……….Continued
 Continuous dialogue in accordance with the EAC calendar of activities and an
annual forum convened a by the Secretary General of the East African
Community. The meeting will be organized collaboratively based on an agenda
agreed upon between the private sector, civil society and the EAC Secretariat. It
requires that PSOs and CSOs be organized at the regional level through regional
apex bodies
 The desirable state for the success of the dialogue framework is to have one
apex body for private sector and another for civil society. Those bodies require
to be democratic and to derive their legitimacy from their respective sectors
 At the national level, the regional apex bodies will link through the national
private sector focal points and CSO networks through which national positions
will be formed and through the regional body, regional positions will be
harmonized
THE EAC PSOs & CSOs DIALOGUE FRAMEWORK……….Continued
 The national focal points will link to the relevant ministry for EAC Affairs which
will also forward positions to the EAC as the coordinating ministry. Additionally,
the regional position will also be submitted through the regional body to the
EAC Secretariat and the relevant EAC decision-making bodies
 The design of the Dialogue Framework envisions CSOs and PSOs working
together on general and thematic issues on areas of mutual interest. Therefore,
in addition to the SG Forum, the EAC is to include both CSOs and PSOs in the
ongoing regional fora based on their interests. These include the Investment
Forum, The women in Business Forum etc.
THE CONSULTATIVE DIALOGUE FRAMEWORK
OTHER WAYS FOR NSAs ENGAGEMENT: In addition to the EAC-PSO-CSO dialogue framework,
other ways through which non-state actors can participate in EAC decision making processes
include:
Institutionalize avenues:
The Observer Status: The observer status guarantees observer organizations an opportunity to
attend meetings of the Organs of the Community, provide input on subjects where they are
concerned and reply to questions directed at them in the meeting.
Memorandum Of Understanding: Through MOUs, non-state actors can engage with the EAC
Secretariat. They are appropriate for service provision agencies, those offering to supplement
the efforts of the EAC at local, national and regional levels,
EACJ: Through the EACJ, non state actors are given the opportunity for litigation, and
benefit from interpretation of Treaty provisions as well as arbitration
EALA: The formal representative of the people of the EAC is the EALA. Through EALA,
non-state actors have the opportunity to input into legislative process.
Expert working Groups: Persons with specific expertise or information on particular fields can
be invited by EAC organs and institutions as part of expert working groups to inform policy
formulation
Through advocacy, non-state actors may exert influence on the EAC policy
and decision making process. Debates or public meetings are such avenues
through which issues affecting the people of East Africa can be discussed and
refined for presentation to the EAC

 Cross Border Initiatives promote regional “people to people” cooperation


and are of particular importance for sustainable development. Non-state actors
are found on either side of the common borders of the Partner States
alongside are government/administrative units that include local authorities,
many of whom manage local resources.
REGIONAL NON-STATE ACTORS
There are a number of non-state actors that are active at the regional level and
keen to ensure effective participation by the people. These include:
• Association of Professional Societies in East Africa (APSEA)
• Africa women’s Economic Policy Network (AwEPON)
• East African Business Council (EABC)
• East African Communities’ Organization for Management of Lake
Victoria Resources (ECOVIC)
• East African Center for Constitutional Development Forum (Kituo
cha Katiba)
• East African Human Rights Institute (EAHRI)
• East Africa Law Society (EALS)
• East African Magistrates and Judges Association (EAMJA)
PROGRESS TOWARDS PARTICIPATION OF NON STATE ACTORS
There is positive development at regional level where non-state actors are
moving towards more effective collaboration amongst themselves and the EAC.
The EAC PSO-CSO networks and thematic platforms, among others, aim at
facilitating dialogue between the EAC and non state actors. These are channels
through which the citizenry could voice their concerns.
 The East African Civil Society Organizations Forum (EACSOF), the East African
Business Council (EABC), the East African Local Government Association
(EALGA) and other regional bodies offer to provide platforms for active and
structured engagement with the EAC and Member States towards an effective,
efficient and sustainable integration process. In conclusion the principle of a
people-centered Community remains a key factor in ensuring an inclusive and
sustainable Political Federation. Therefore, the EAC is working towards the
enhancement of popular participation to sustain the ideals and aspirations of
the Community.
ANANTE SANA!

CAPACITY BUILDING TANZANIA ORGANISATION


+255745471971, +1255785820560
cbtongo@yahoo.com zaajohn@yahoo.com

You might also like