SIMPLIFIED VERSION

OF THE
TREATY FOR THE ESTABLISHMENT OF
THE
EAST AFRICAN COMMUNITY

Pulished by the Secretariat of the East African

Community in conjunction with Kituo Cha
Katiba: East Africa Centre of Constitutional
Development (KCK), with support of the Ford
Foundation - Office for Eastern Africa

1
PREFACE
The simplification of the Treaty was recommended by the
delegates to the joint regional conference on Citizens,
Communities and Constitutionalism, co-hosted by KCK
in collaboration with the East Africa Community
Secretariat. It was underscored that East African Treaty
be simplified in order to ensure that the primary
beneficiaries : the East African citizenry, readily
understands the document that regulates their networking
relationship and welfare.

The broad goal of the East African Community is to widen

and deepen co-operation among Partner States in political,
economic, social and cultural fields, research and
technology, defense, security and legal and judicial affairs
for their mutual benefit.

KCK is a regional organisation established in 1997,

situated in Kampala. Its mission is to provide a regional
institutional framework for the promotion of
constitutionalism, good governance and democratic
development in East Africa.

Style
The meaning and content of the Treaty has not been
changed. However, definitions and examples have been
used to explain some of the words used in the Treaty.
The articles of the Treaty are provided for ready reference.

2
The EAC Secretariat and KCK acknowledge with
thanks the contribution of the following persons.

Authors:
i) Amb. M. S. Katende : Ambassador, Uganda
High Commission to the
Sudan
ii) Ms.Betty Musoke : Director of Legal
Department, Inspectorate
of Government, Uganda
iii) Ms.Maria Nassali : Executive Director, Kituo
Cha Katiba.
Expert Editing Team
Hon. Wilbert T.K. Kaahwa :Counsel to the East
African Community
Mr. Edward Kadiri : Minister Plenipotentiary/
Legal Advisor, Ministry of
Foreign Affairs and
International
Co-operation, Tanzania
Mr. Mart Chikawe : Ag. Secretary Law
Reform Commission,
Tanzania.
Mrs. Mary Lyimo : State Attorney, Arusha.
Mrs. Jean L. Kyazze : Law Reform
Commission – Uganda.

3
IINTRODUCTION

History of Co-operation in East Africa

1. Kenya, Tanzania and Uganda are together known

as East Africa. They have been
cooperating for many years on account of the
following reasons:
a) The three countries are neighbours;
b) They trade together with people
moving across the three countries; and
c) They were all administered by the British
during the colonial period.

2. The three countries have had the following

cooperation arrangements in the past:
a) Organised cooperation started with the
construction of the Kenya-Uganda
Railway between 1897 and 1901;
b) In 1900, a Customs Collection Centre
was established in Mombasa between
Kenya and Uganda. Taxes for goods
entering Kenya and Uganda were
collected at Mombasa;
c) In 1905, Kenya and Uganda used the
same money provided by the East
African Currency Board;

4
d) In 1919, a Customs Union was
established between Kenya and Uganda,
which Tanganyika joined in 1922.
Under the Customs Union, there were no
taxes for goods within the three countries,
and all goods coming from other outside
countries into East Africa were taxed at
the same rate (common external tariff);
e) During 1947 and 1961, an East African
High Commission existed to control all
cooperation activities;
f) Between 1961 and 1966, there was the
East African Common Services
Organization; and
g) In 1967, the (former) East African
Community was established. There was
joint ownership and operation of services
managed by E.A Railways and Harbours,
the E.A. Airways, the E.A. Posts and
Telecommunications, the Inter-University
Council of E.A and the E.A. Currency
Board. There was also the Court of
Appeal for East Africa and the East
Africa Legislative Assembly. Other
services included research in plant and
animal diseases, marine sciences,
statistics and education.

5
3. In 1977, the (former) East African Community
collapsed. The main reasons for the collapse
were:

a) Lack of strong political commitment to

cooperate;
b) Use of different economic systems,
which made it difficult to implement the
Community activities.
c) Lack of fair distribution of the benefits
from the Community, and lack of
adequate compensation methods to
take care of the imbalance.
d) Lack of strong participation by the
business community (private sector) and
general public, including civil society. The
Community was an understanding of the
Governments. When the Governments
failed to solve the challenges and
disagreed, it collapsed.

Re-activation of the Community

4. Under The East African Community Mediation
Agreement of 1984, by which properties of the
(former) Community were divided, the three
countries “agreed to make arrangements for
future cooperation”.

6
5. Accordingly, the Presidents of Kenya, Tanzania
and Uganda consulted and reached the following
conclusions:
a) Despite the collapse of the (former)
Community, the people of East Africa had
continued to trade together;
b) The individual East African countries do
not have big markets to attract
investments; and
c) Elsewhere, countries were coming
together, as regional bodies for economic
development.
6. On November 30th 1993, the Agreement for the
Establishment of a Permanent Tripartite
Commission for East African Cooperation was
signed. On March 14th1996, the Secretariat of
the Commission was established in Arusha.
7. In 1997, negotiations to transform the Tripartite
Agreement into a Treaty begun. The Treaty was
signed on November 30th 1999. Under the Treaty
the Partner States of Kenya, Tanzania and
Uganda, set out a bold vision for their eventual
unification and outlined a comprehensive system
of cooperation among themselves.

The following is a simplified version of the Treaty.

7
ESTABLISHMENT AND PRINCIPLES OF THE
COMMUNITY

Article 2: Establishment of the Community.

The East African Community (hereinafter referred to as
the Community) made up of Kenya, Tanzania and
Uganda is established.

Art 2(2) and Art 5(2) lay out the stages the countries
will go through to establish the Community.

The Community is to be achieved through the following

stages:

Stage 1: A Customs Union :

a) to remove all taxes on goods between the
countries of the Community; and
b) to have the same import tax on all goods
from outside East Africa.

Stage 11: A Common Market :

In addition to (a) and (b) above there will
be free movement of persons, labour,
services, capital and the right to live
anywhere in the Partner States.

8
Stage 111: A Monetary Union :
In addition to conditions under Stages
1 and II, countries of the Community will
have the same economic policies and use
the same currency.

Stage IV: Political Federation :

This is the final stage of the Community.
This includes having common foreign and
security policies.

Article 3 : Membership of the Community

The original members of the Community
are Kenya, Tanzania and Uganda.

Any other country may apply to become a member,

under the following conditions:
i) being geographically near and economically
linked to East Africa;
ii) acceptance of the principles (rules) and
objectives (aims)of the Community;
iii) observance of good governance, democracy, rule
of law, respect of human rights and social
justice;
iv) capability of contributing towards the
strengthening of regional cooperation and
integration in East Africa;

9
v) having policies towards a market driven
economy : in other words the government must
not interfere with the regulation of the economy.
The price should be established by the forces of
supply and demand; and
vi) having social and economic policies which are
similar to those of the Community.
vii) A foreign country, inter-governmental
organisation or civil society organisations may
apply for observer status.

Article 4 : Legal Capacity of the Community

i) The Community has power to acquire property,
borrow money, take someone to court or be taken
to court in its own capacity.
ii) The Community is represented by the Secretary
General of the Community.

Article 5 : Aims of the Community:

The general aim of the Community is to develop plans
and programmes for the well-being of the people of
East Africa and for political, economic, social and cul-
tural growth and development of the Community.

10
The Specific objectives of the Community are to:
i) improve the standard of living and quality of life
of the people in East Africa;
ii) ensure balanced, orderly, consistent and fair
development in East Africa;
iii) ensure reasonable and proper use of natural
resources (water, land, minerals etc) taking into
account safety and sustainability of the
environment (trees, wetlands, etc.);
iv) promote the active participation and benefit of
the people of East Africa in development
(people-centred development);
v) enable the business Community (private sector)
and the general public (civil society) to play a
leading role;
vi) strengthen and improve the role of women in
development;
vii) promote peace, security and stability in East
Africa; and
viii) promote other activities aimed at a successful
Community.

Article 6 : Key Principles of the Community

The Partner States will ensure the following key
principles:
i) trust and respect for each other;
ii) treatment of each other as equals;

11
iii) peaceful co-existence and good
neighbourliness ;
iv) peaceful settlement of disputes;
v) practice of good governance including respect
for democracy, rule of law, accountability,
protection of human rights and gender equality;
vi) fair distribution of benefits from the Community;
vii) working together for the benefit of all the Partner
States.

Article 7 : Operational (Administrative) Principles

of the Community
The following shall be principles on which the
Community shall operate and be guided on a day-to-
day basis:
i) People centered co-operation : The main
beneficiaries of the Community will be the people
of East Africa who will also be the main actors,
through the private sector, and civil society
including professional organisations,
Non-Governmental Organisations (NGOs), trade
unions, community based organisations, trade
unions and religious institutions;
ii) Market-driven co-operation : Prices of goods and
services will be set according to what people
can supply and demand;
iii) Conducive environment by Governments :

12
 The Governments will be responsible for
ensuring law and order, providing good policies
and putting in place good infrastructure like roads
and railways;
iv) Export - Oriented Community : In addition to free
trade among themselves, the Partner States will
promote export of goods from East Africa to other
countries;
v) Principle of Complimetarity : People will
participate in Community activities at all levels.
For example at Partner States level, individual
levels, company levels, association levels, group
levels, NGO levels and other interest group levels
like women, youth and others. The activities shall
be as many as possible like trade, transport,
farming, banking, tourism, fishing, mining,
sports, youth and women programmes and many
others;
vi) Principle of Variable Geometry : In large regional
organisations some of the members may choose
to move at a faster or slower speed than the
rest of the members of the group.
vii) Equitable Distribution of Benefits : The Partner
States shall make sure that benefits from the
Community are shared equally and fairly. Where
one Partner State benefits more, they will agree
on ways of correcting the imbalances;

13
viii) Principle of Subsidiarity: Not all activities will be
done at the regional (Community) level. Some
activities will be done at the national levels. In
the end, activities done at the national levels will
contribute to the over-all aims of the Community.
For example, national programmes or activities
on poverty reduction will be promoted so that
they lead to a general alleviation poverty in the
Community.
ix) Principle of Asymmetry : Where members of a
regional organisation are at different levels of
development, measures will be put in place to
address the imbalances in the process of
integration.

Art 7(2) The Community will observe good governance,

including democracy, rule of law, social justice and
human rights.

Article 8 : General Undertakings

Each Partner State undertakes to:
i) put in place policies and plans for the
development of the Community;
ii) work together and co-ordinate their policies for
the success of the Community;
iii) avoid doing anything that is likely to endanger
the aims of the Community;

14
iv) Within twelve months of signing the Treaty,
ensure that its national laws, including its
constitution, are revised to enable the
implementation of the Treaty.
v) On matters regarding the implementation of the
Treaty, the Community organs, institutions and
laws shall be above similar national ones.
vi) Each Partner State shall appoint a Ministry with
which the Secretary General shall communicate
on Community matters.

15
 ESTABLISHMENT OF ORGANS AND
INSTITUTIONS OF THE COMMUNITY

Article 9 : Organs and Institutions of the Community

The Organs of the Community are:
i) The Summit of Heads of State;
ii) The Council of Ministers;
iii) The Coordination Committee of Permanent
Secretaries;
iv) The Sectoral Committees of Experts;
v) The East African Court of Justice;
vi) The East African Legislative Assembly;
vii) The Secretariat; and

The Community undertook to establish other organs

as may be established in future.
Institutions of the Community are :
i) The East African Development Bank;
ii) The Lake Victoria Fisheries Organisation;
iii) Surviving Institutions of the former East African
Community ie. The Inter-University Council for
East Africa, The East Africa Civil Aviation
Academy, Soroti, The East Africa School of
Librarianship; and
iv) Such other bodies, departments and services
as may be established in future.

16
In the recruitment of staff for its organs and institu-
tions, the Community shall take into account fair rep-
resentation of women and men.

THE SUMMIT
Article 10 : Membership of the Summit
The Summit is composed of Heads of State or
Government of the Partner States.

Article 11 : Responsibility of the Summit

i) To give general direction and momentum to the
Community.
ii) To consider annual progress reports submitted
by the Council of Ministers.
iii) To review the state of peace, security and good
governance within the Community.
iv) To review progress achieved towards the
establishment of a political federation.

The summit shall not delegate the following

responsibilities :
i) the giving of general direction and momentum
to the Community
ii) the appointment of judges of the East African
Court of Justice;
iii) the admission of new members to the
Community; and

17
iv) the approval of Community Bills (sign and to
bring into force Community laws).

Article 12 : Meetings of the Summit

i) The Summit meets at least once every year.
However, the Summit can meet at any other time
whenever necessary.
ii) The duration of the chairmanship of the Summit
is one year and it rotates among the Partner
States.
iii) Decisions of the Summit are by agreement of
all the Heads of State.

COUNCIL OF MINISTERS
Article 13 : Membership of the Council of Ministers.
The Council of Ministers consists of Ministers
responsible for Regional Co-operation and any other
Ministers that a Partner State may consider necessary.

Article 14 : Responsibilities of the Council of

Ministers.
This is the policy making organ of the Community,
responsible for :
i) drawing -up development plans and plans of
action for the Community;
ii) promoting, supervising and reviewing
implementation of programmes of the
Community;

18
iii) originating and submitting draft laws to the East
African Legislative Assembly;
iv) guiding the Partner States on matters of the
Community;
v) directing the work of the Co-ordination
Committee, the Sectoral Committees and the
Secretariat and the institutions of the
Community;
vi) considering the budget of the Community for
recommendation to the Assembly;
vii) making staff rules and regulations and financial
rules and regulations of the Community;
viii) submitting annual progress reports to the
Summit and prepare the agenda for meetings of
the Summit;
ix) establishing Sectoral Councils of sector
ministers and Sectoral Committees of experts;
and
x) carrying out decisions and orders given to it by
the Summit.

Article 15 : Meetings of the Council of Ministers.

i) The Council of Ministers must meet at least two
times in a year. However, the Council of Ministers
can meet any other time whenever necessary.
ii) The chairmanship of the Council of Ministers is
one year and it rotates among the Partner
States.

19
iii) Decisions are made by agreement of all the
ministers.

Article 16 : Effect of the decisions of the Council of

Ministers
The decisions and regulations of the Council of Ministers
are binding on the Partner States, the Secretariat, the
Co-ordination and Sectoral Committees, and all the
institutions of the Community.

THE COORDINATION COMMITTEE

Article 17 : Composition of the Co-ordination
Committee
The Co-ordination Committee is composed of the
Permanent Secretaries responsible for Regional
Cooperation and any other Permanent Secretaries that
a Partner State may consider necessary.

Article 18 : Responsibilities of the Coordination

Committee
The Co-ordination Committee is responsible for:-
i) discussing plans, programmes and projects of
the Community and submit reports and
recommendations to the Council of Ministers;
ii) implementing decisions of the Council of
Ministers;
iii) receiving and discussing reports of the Sectoral

20
 Committee.
Article 19 : Meetings of the Coordination Committee
i) The Coordination Committee meets at least two
times a year, just before the meetings of the
Council of Ministers. However, the Council of
Ministers can meet any other time whenever
necessary.
ii) The chairmanship of the Coordination
Committee rotates among the Partner States.

SECTORAL COMMITTEES
Article 20 : Establishment and Composition of Sectoral
Committees
The Council of Ministers establishes committees for the
various sectors, known as Sectoral Committees.

Article 21 : Responsibilities of Sectoral Committees

Each Sectoral Committee is responsible for:
i) preparing detailed plans for implementation of
Community programmes according to what is
most important;
ii) following up the implementation of Community
programmes and plans in its sector; and
iii) making reports and recommendations to the
Coordination Committee on implementation of
the provisions of the Treaty that affect its sector.

Article 22 : Meetings of Sectoral Committees

21
The Sectoral Committees meet as many times as nec-
essary.

THE EAST AFRICAN COURT OF JUSTICE

Article 23 : Role of the Court of Justice
The Court of Justice is established to hear cases
related to the interpretation, application and observance
of the Treaty.

Article 24 : Judges of the Court of Justice

i) The Court has six Judges appointed by the
Summit, one of whom is the President and
another is the Vice President.
ii) The post of the President of the Court rotates
among the Partner States.
iii) The President of the Court chairs all the Court
hearings and decides on the manner in which
the Court handles matters brought before it.

Articles 25 and 26 : Term of Office of the Judges.

i) The term of office of the Judges of the Court is
seven years.
ii) A Judge stops holding that office if he or she
resigns, reaches 70 years of age or dies.
iii) A Judge may only be removed from office if a
Committee of three independent Judges from the
Community advises that the Judge has failed to
carry out his or her duties or has misbehaved.

22
iv) The salaries and other conditions of service of
the Judges are set by the Summit.

Article 27 : Extent of the authority of the Court

i) In the initial stages, the Court hears cases related
to the interpretation, application and observance
of the Treaty.
ii) The Partner States may at a later stage enlarge
the authority of the Court through a protocol, to
include the following:
* hearing and judging other matters not
necessarily relating to the Treaty;
* operating as a court of appeal for East Africa;
and
* hearing cases related to human rights.

Articles 28, 29, 30, 31, 32, 36 : Who may refer a

matter to the
Court?
i) A Partner State may take a matter to the Court
where :
* Another Partner State or organ or institution of
the Community has failed to fulfil the requirements
of the Treaty; and
* a law or decision is inconsistent with the Treaty
or any rule of law relating to the Treaty.
ii) The Secretary General of the Community may
take a Partner State to court on failure by such

23
a state to fulfil the requirements of the Treaty.
iii) Persons and Companies: Any person who
resides or any company which has its
headquarters in any of the Partner States may
take to court a partner state or Community,
whose law or decision is inconsistent with the
Treaty.
iv) The Community or its Employees: may go to
court over any disagreement concerning work
related matters.
v) The Summit, the Council or a Partner State
may request the Court to give an advisory opinion
regarding a question of law arising from the
Treaty, concerning the Community.

Article 32 : Arbitration and Special Agreements:

The Court of Justice hears and decides on any matter:
i) if a contract or agreement involving the
Community or its institutions has a provision for
the Court to settle the matter;
ii) if there is a special agreement between Partner
States to refer to the Court a disagreement
regarding the Treaty; and
iii) if a commercial contract or agreement between
contesting parties has a provision for the Court
to settle the matter.

Article 33 : Jurisdiction of National Courts

24
i) The national court of a Partner State may hear
and decide cases to which the Community is a
party except where the Treaty specifically
provides that it is the Court of Justice to hear
such a dispute.
ii) A decision of the Court of Justice regarding the
interpretation and application of the Treaty is
superior to that of the national courts on a similar
matter.

Articles 35 and 39 : Judgement of the Court and

Interim Orders:
i) The Court of Justice examines and decides
every matter referred to it.
ii) It delivers its judgements in public.
iii) In special circumstances, the court can deliver
judgement in private.
iv) The Court’s judgements are final and binding and
are not appealed against.
v) If however new facts are brought to the attention
of the Court after judgement has been passed,
the Court may re-examine the case and its
judgement.

vi) The Court may make temporary orders or issue

guidelines before the final judgement is made.
These shall have the same effect as a
judgement while they last.

25
Article 37 : Who may appear before the Court?
i) Every person involved in a dispute, disagreement
or any matter before the Court may be
represented by a lawyer of his or her choice.
ii) The Counsel to the Community is entitled to
appear in the Court for any matter involving the
Community or when he or she thinks that his or
her attendance is required.

Article 42 : Rules of the Court

The Court shall make rules to govern the conduct of its
business.

Articles 38 and 44 : Implementation of Judgements

of Court
i) The rules of the Court will provide for how the
judgement of the Court shall be carried out.
ii) A judgement of Court which requires a person
to pay money to another person shall be carried
out using the rules of civil procedure which ap-
ply in a particular Partner State.

iii) A Partner State or the Council of Minister shall

without delay, take measures to implement a
judgement of the Court.

26
Article 45 : Registrar and other Staff of the Court
i) The Court has a Registrar, appointed by the
Council of Ministers.
ii) The Registrar reports to the President of the
Court.
iii) The Registrar is responsible for the day-to-day
management of the affairs of the Court.
iv) The Court employs other members of staff.
v) The salaries and other conditions of service of
the Registrar and other Staff of the Court are set
by the Council.

Article 46 :The official language of the Court of

Justice is English.
Article 47 : Seat of the Court
The Summit shall decide on the headquarters of the
Court.

27
THE EAST AFRICAN LEGISLATIVE ASSEMBLY
Article 48 : Membership of Assembly
The EALA is composed of the following members:
i) twenty-seven elected members;
ii) five ex-officio members ( the Ministers in charge
of Regional Co-operation from each Partner
State; the Secretary General and the Counsel
to the Community.
iii) The Assembly has a Speaker who chairs all
meetings of the Assembly.
iv) The Assembly has established seven Standing
Committees to ease its work.

Article 49 : The responsibilities of the Assembly

The Assembly is the law making body of the
Community, responsible for:
i) working with the Parliaments of the Partner
States on matters of the Community;
ii) discussing and approving the budget of the
Community;
iii) examining yearly reports by the Council of
Ministers in respect of : the work and activities
of the Community; accounts of the Community
and any other reports of the Community;
iv) discussing and making recommendations for
further development in the Community;

28
v) recommending to the Council of Ministers the
appointment of the Clerk and other officers of
the Assembly; and
vi) making rules governing its meetings.

Article 50(1) : Election of Members of the Assembly.

i) Members of the Assembly are elected by the
National Parliaments, according to a method
adopted by the National Parliaments.
ii) In electing the nine persons, each National
Parliament shall take into account
representation from the following:
* Political parties represented in the National
Parliament;
* Shades of opinion in the Partner State;
* Both men and women;
* Other special interest groups like the youth and
the disabled.

Article 50(2) : Requirements to become a Member

of the Assembly
In order to be elected to the Assembly, a person must :
i) be a citizen of the Partner State;
ii) have the requirements like those needed to
become a Member of the National Parliament,
but must not be a member of the National
Parliament;

29
iii) must not be a government Minister in that
Partner State;
iv) must not be an employee of the Community;
and
v) must have interest and proven experience in the
Community.

Article 51(1 & 2) : Terms and conditions of office

for the Assembly
i) The term of office is five years.
ii) A member may be re-elected for another five
year term.
iii) The Summit sets the salaries and other
conditions of service for the members of the
Assembly.

Article 51 (3) : Losing a seat in the Assembly

A member shall lose a seat in the Assembly if she or
he:
i) writes to the speaker that he no longer wishes to
be a member of the Assembly;
ii) no longer has the requirements that enabled him/
her to become a member;
iii) gets elected or is nominated to be elected a
member of Parliament of a Partner State;
iv) is appointed to be a Minister in the Government
of a Partner State;

30
v) does not attend meetings of the Assembly for a
time specified under the rules of the Assembly;
and
vi) has been found guilty of an offence by a court of
law and sent to jail for more than six months,
and has not appealed.

Article 53 : Speaker of the Assembly

i) The Speaker of the Assembly is elected by the
members of the Assembly from amongst
themselves.
ii) The position of Speaker is held in rotation by the
Partner States.
iii) The Speaker stops holding that office if:
* his/her term of office ends;
* she or he writes to the members that he/she has
given up the office;
* she or he no longer has the requirements that
enabled her or him to become a member of the
Assembly.
* she or he is removed by a majority of members
because of failure to perform the duties of
Speaker due to sickness or misbehaviour.

31
Article 54 : Invitation of persons to assist the Assem-
bly.
The Speaker may invite any outsider person to attend a
meeting of the Assembly where that person’s
contribution may be required.

Article 55 : Meetings of the Assembly

The Assembly decides where and when to hold its
meetings. At least one meeting in a year must be held
in Arusha, Tanzania.

Article 58 : Voting in the Assembly

The decisions of the Assembly are by majority vote.
Only the elected members can vote.

Article 60 : Rules of Procedure of the Assembly

The Assembly shall make rules governing the conduct
of its business.

Article 61 : Powers, Benefits and Protection of

Members of the Assembly
i) The members of the Assembly shall not be taken
to court for the wrongs or mistakes that may
happen while they are carrying out their duties.
ii) The Community may make a law on the
powers, benefits and protection of the
Assembly, its Committees and Members.

32
Article 62 and 63 : The Laws of the Community.
i) Bills (proposal for a law) made by the Assembly
shall become law of the Community after assent
(approval) by the Heads of State of the Partner
States.
ii) Where any Head of State refuses to approve a
proposed law, the proposed law shall be
abandoned.

Article 64 : Publication of Laws of the Community

i) Every Act of the Community (approved law) must
be published by the Secretary General in the
official gazette of the Community.

Article 65 : Relationship between the Assembly and

the Parliaments of the Partner States:
In order to ensure that the Assembly takes into account
the views of the peoples of East Africa, it shall work
closely with the National Parliaments as follows:
i) The Clerk to the Assembly shall send to all the
Clerks to the National Assembly of the Partner
States, copies of records of all debates of the
Assembly and proposed laws by the Assembly
and Acts of the Community;
ii) The Clerks to the National Assemblies
shall send to the Clerk to the Assembly
copies of records of debates relevant to the

33
Community.

In other words the Clerk to the Assembly and the Clerks

to the National Assemblies of the Partner States shall
exchange copies of the records of the debates and
proposed laws and Acts.

THE SECRETARIAT AND STAFF OF THE

COMMUNITY
Article 66 : Composition of the Secretariat
i) The Secretariat is the administrative organ of
the Community.
ii) The Secretariat has the following staff :
* Secretary General;
* Deputy Secretaries General;
* Counsel to the Community (Lawyer);
* Other officers who will assist in the work of the
Community.

Article 67 : The Secretary General

i) The Secretary General is appointed by the
Summit from the Partner States on rotational
basis.
ii) The term of office is five years.
iii) The Secretary General is :
* the head of the Secretariat;
* responsible for the use of all the funds of the
Community;

34
* Secretary to the Summit;

* responsible for any other duties given by the

Treaty, Summit and the Council of Ministers.

Article 68 : The Deputy Secretaries General.

i) The Deputy Secretaries General are appointed
by the Summit on rotational basis.
ii) The number of Deputy Secretaries General is
decided by the Council.
iii) The Deputy Secretaries Generals carry out the
duties of the Secretary General while he or she
is away from office.
iv) The Deputy Secretaries General perform such
other duties assigned to them by the Council of
Ministers.
v) A Deputy Secretary General serves for a term of
three years, renewable once.

Article 69 : The Counsel to the Community

i) The Counsel to the Community is the chief legal
advisor of the Community.
ii) The Counsel is appointed on contract by the
Council of Ministers.

Article 70 : Other Staff Members

i) The Secretariat employs other staff members
on contract to carry out the Community work.

35
ii) Their specific duties, salaries and other
conditions of service are set by the Council of
Ministers.

Article 71 : Responsibilities of the Secretariat:

i) To initiate proposals to the Council on matters
of interest to the Community.
ii) To submit proposals to the Council from other
bodies of the Community.
iii) To submit proposed laws of the Community to
the Assembly.
iv) To initiate studies and research on the speedy
and efficient implementation of programmes of
the Community.
v) To ensure proper planning, monitoring and
management of programmes of the Community.
vi) To collect information and to make enquiries into
matters relating to the Community.
vii) To ensure that all the plans of action for the
development of the Community are consistent
with each other.
viii) To publicise information on the Community to
all interest groups and interested parties in East
Africa and the international Community.
ix) To make reports to the Council on all the
activities of the Community.

36
x) To manage the staff, finances and all other affairs
of the Community.
xi) To mobilise financial assistance for the
Community.
xii) To submit the budget of the Community to the
Council for its consideration.
xiii) To propose matters to be discussed at meetings
of the Co-ordination Committee, the Council of
Ministers and the Summit.
xiv) To implement the decisions made by the
Summit and the Council;
xv) To organise meetings of the organs of the
Community other than the Court and the
Assembly, and to keep record of those meetings.
xvi) To establish an efficient working relationship
with the Court and the Assembly.

Article 72 : Relationship between the Secretariat and

the Partner States
i) The staff of the Community shall only receive
orders from the Community and not from any of
the Partner States;
ii) The Partner States agree to respect the
international nature of the work of all the
institutions and staff of the Community and will
not try to influence them;
iii) The Partner States shall work closely with the
Secretariat in carrying out its duties and shall

37
 provide it with the necessary information
in their possession.
Article 73 : Protection and Benefits
Any person working for the Community shall not be :
i) taken to court for the wrongs or mistakes that
may happen while that person is carrying out
his or her duties;
ii) shall not be subjected to immigrations
restrictions or alien registration.
iii) The Council of Ministers determines the benefits
and protection to be given to experts and
consultants of the Community and delegates of
Partner States.

AREAS OF CO-OPERATION IN TRADE

Article 74 : East African Trade Regime
The Partner States shall develop and put in place a
system through which trade shall be conducted in East
Africa.

Article 75 : Establishment of the Customs Union

An East African Trade system shall be realised by first
establishing a Customs Union;

Under a Customs Union:

i) internal taxes and any other obstacles to the
free movement of goods shall be removed.
ii) all goods from outside the Community shall be

38
 taxed at a uniform rate by the Partner States.

iii) Details of the Customs Union shall be

negotiated and spelt out in a protocol
(Customs Union agreement).

iv) The agreement will include the following:

* how the benefits from the Community shall be
shared;
* how the internal taxes shall be removed;
* how to get rid of physical obstacles to trade e.g
road blocks and administrative obstacles.
* an agreement on a common rate of tax to be
imposed on goods from outside the Community;
* an agreement on the quality and standards of
goods manufactured in the Community;
* ensuring that none of the Partner States give
support to its industries at the expense of
industries in the other Partner States;
* how Partner States shall fairly compete with each
other in the East African market; and
* ensuring that simple trade documents and
procedures are used .

v) The Customs Union agreement will be

concluded within four years from the date
of signing of the Treaty. (November 30th 2001)

39
Article 76 : Establishment of a Common Market
i) From a Customs Union, the Partner States
shall gradually move on to a Common Market.
ii) Under a Common Market, in addition to a
Customs Union, there shall be free movement
of labour, services, capital and the right for any
East African citizen to establish business and
residence in any part of the Community.
iii) Details of the Common Market shall be
negotiated and spelt out in a Common Market
protocol. ( a Common Market agreement).

Article 77 and 78 : Measures to address Imbalances

In the Customs Union agreement and the Common
Market agreement, the Partner States shall address
the issue of imbalance arising from the different levels
of their economic sectors. This is intended to ensure
that all the three East African countries benefit fairly
from the Community.

CO-OPERATION IN INVESTMENT AND INDUSTRIAL

DEVELOPMENT
Article 79 : Industrial Development
i) The Partner States shall promote industrial
development in the Community.
ii) Promotion of industrial development in the

40
 Community shall take into account the
following:

* self-sustaining(ensure that East Africa produces

the goods it needs) and balanced industrial
growth
* production of competitive products which can
also be sold to outside markets; and
* encouraging the development of local
businesses.

Article 80 : Plan for Industrial Development

i) In order to promote industrial development, the
Partner States shall work out a plan to be known
as the East African Industrial Development
Strategy.
ii) The Partner States shall ensure that:
* the industries within the Community are well
linked to produce goods more cheaply;
* the number of industries increase to include
manufacturing of new products.

iii) The Partner States shall promote the

development of the following industries:
* small scale and medium scale industries;
* industries that produce capital goods e.g
machine-making machines and industries that
produce raw materials;

41
* industries that use more local raw materials and
local labour;
* food and agricultural processing industries.
iv) The Partner States shall promote industrial
research and management as well as the use of
modern technology;
v) The Partner States shall harmonise and ensure
the same incentives to investors so as to promote
the Community as a Single Investment and
Trade Area.

CO-OPERATION IN STANDARDISATION, QUALITY

ASSURANCE, METROLOGY AND TESTING.

Article 81 : Standardisation, quality assurance,

metrology and testing
The Partner States shall ensure that products
produced in East Africa meet the agreed standards
and quality. Accordingly, The Partner States have:
i) agreed on the quality of each product to be
produced and traded in order to promote
the free flow of goods within the community
and reduction of unnecessary variety as well
as protection of the consumer.
ii) put in place a protocol on details regarding
standards of products produced and traded in
the Community.

42
FINANCIAL CO-OPERATION
Article 82 : Extent of co-operation
i) The Partner States shall cooperate in monetary
and financial matters. That is, the Partner States
shall ensure harmonization of financial and tax
policies, e.g.
* making their currencies convertible or
exchangeable;
* moving towards same interest rates charged
on bank loans;
* maintaining low and same inflation rates and
other financial rates.
ii) Partner States shall also ensure harmonisation
of taxes.
iii) Their monetary and financial policies shall
facilitate free movement of goods, services and
capital within the Community.

Article 83 : Harmonisation of Financial and Tax Poli-

cies
In order to maintain a healthy economic situation in the
Community, the Partner States shall:
i) remove all foreign exchange restrictions on
imports and exports;
ii) maintain free foreign exchange rates,
determined by demand and supply,
through forex bureaux and banks;

43
iii) harmonise their budgetary policies on revenues
and expenditures to ensure economic stability
in the Community;
iv) relax government control of their financial sectors
e.g by not interfering with bank interest rates;
and
v) harmonise their tax policies and remove
destabilisation factors like smuggling.

Article 84 : Economic Co-ordination Within the

Community
i) The Partner States shall coordinate their policies,
budgetary, monetary and exchange rate policies
as well as their economic reform programmes.
ii) They shall also work towards improvement of
their resource and production capacities to
ensure increased development.

Article 85 : Banking and Capital Market Development

i) In order to ensure an efficient banking system,
the Partner States shall:
* ensure that most financial transactions are
conducted through banks;
* harmonise their banking laws;
* discourage illegal money transfers.

ii) The Partner States shall also encourage the

development of capital markets by:

44
* promoting and harmonising stock-
exchange with a view to establishing an
EAC stock exchange;
* granting incentives to capital markets;
* properly regulate the operations of the stock
exchanges;
* encouraging cross border trade in stocks.

Article 86 : Movement of Capital

i) The Partner States shall encourage the free
movement of capital within the Community by
removing all obstacles to the transfer of capital.
ii) With the ultimate objective of integrating their
financial systems, the Partner States shall ensure
that East Africans are allowed to own shares in
any enterprise/business located in the each
other’s country.

Article 87 : Joint Project Financing

The Partner States shall jointly mobilise foreign capital
for financing national and joint Projects.

Article 88 : Safeguard Measures

If a Partner State is adversely affected by the
implementation of the above provisions on monetary
and financial cooperation, it shall inform the other
Partner States, and upon which, the Council of Ministers
shall put in place corrective measures.

45
CO-OPERATION IN INFRASTRUCTURE AND SERVICES
Article 89 : Transport and communications policies
To ensure an efficient transport and communication
system in the Community, the Partner States shall:
i) coordinate their policies on transport and
communications including the signing and
implementation at the Community and
international level;
ii) improve and expand and integrate the existing
transport and communication links in the
Community especially with regard to roads,
railways, airports, pipelines harbours telephones
and postal services;
iii) grant special treatment to land locked Partner
States;

iv) ensure joint use national facilities in training

personnel in the field of transport and
communications; and
v) exchange information on scientific know-how in
transport and communications.

Article 90 : Roads and Road Transport

On road transport the Partner States shall:
i) sign and implement all relevant regional and
international agreements on road transport;
ii) harmonise their traffic laws, regulations and

46
 highway codes so that the roads are
used with the same standards of driver train-
ing, licensing, vehicle registration
and inspection, vehicle insurance, speed and load
limits, road safety regula-
tions, etc.
iii) adopt common road design and construction
standards as well as promote the use of local
materials as much as possible;
iv) adopt common and simplified documents for
road transportation;

Article 91 : Railways Transport

The Partner States shall ensure that there is a good
railway system that links them together. Accordingly
the Partner States shall :
(i) have common policies for the maintenance and
development of their railway systems;
(ii) make their railways more efficient and
competitive by ensuring good management and
improved facilities;
(iii) adopt common rules and regulations with regard
to the operation of railway transport;
(iv) charge each other similar taxes in respect of
goods transported by railway within the
Community;
(v) co-ordinate the operations of their railway
administrations especially the harmonisation of

47
 train time tables and operation of block trains;
(vi) allocate each other space for storage of goods
at each other’s stores;
(vii) make use of each other’s maintenance, training
and manufacturing railway facilities; and
(viii) adopt common standards for the construction
and maintenance of railway facilities.

Article 92 : Air Transport

In order to ensure safe, reliable and efficient air transport
the Partner States shall:
i) harmonise their policies on air transport
ii) develop appropriate facilities for safe air transport
e.g airports, radders and weather systems.
iii) establish joint air services and promote the
efficient use of aircraft;
iv) ease the granting of air traffic rights for
passenger and cargo air transport operators;
v) establish a uniform air control system so that
aeroplanes are centrally controlled and
managed;
vi) coordinate flight time tables of their airlines;
vii) encourage the joint use of maintenance facilities
and other services for aircraft and ground
handling equipment;
viii) adopt common aircraft standards and
specifications for aeroplanes to be operated in
the Community;

48
ix) carry out joint search and rescue operations in
case of accidents.

Article 93 : Sea Transport

The Partner States shall coordinate and harmonise their
policies on sea transport. Accordingly, the Partner
States shall:
i) establish a common policy on sea transport;
ii) develop and promote efficient and profitable
services in sea transport;
iii) reduce government controls at the sea ports;
iv) allow the landlocked Partner States easy access
to the sea;
v) charge each other similar taxes in respect of
goods transported by sea.
vi) give priority to each other with regard to goods
transported on their respective ships and at their
respective storage facilities;
vii) ensure safe sea transport by maintaining
efficient communications, cargo handling and other
equipment; and
viii) carry out joint search and rescue operations in
case of accidents.

Article 94 : Inland Water Transport

The Partner States shall:
i) put in place uniform policies regarding inland
water transport;

49
ii) have simple rules and procedures for
the smooth flow of inland water transport;
iii) maintain efficient cargo handling equipment and
cargo storage facilities as well as train the
required personnel;
iv) encourage the joint use of maintenance facilities;
v) charge each other similar taxes in respect of
inland water transport;
vi) give priority to each other with regard to goods
transported on their respective ferries and at their
respective storage facilities;
vii) establish joint shipping and other related
services;
viii) ensure safe inland water transport by
maintaining efficient communication facilities
and undertaking joint search and rescue
operations;
ix) work together on the removal of obstacles to
inland water transport e.g the water hyacinth and
water pollution; and
x) work together in training and research.

Article 95 : Multimodal Transport (all forms of trans-

port). The Partner States shall ensure an efficient
multimodal transport system ( Use of different forms of
transport and equipment ). Accordingly the Partner
States shall:
i) simplify and harmonise their rules, procedures

50
 and documentation for multimodal transport;
ii) apply uniform rules and regulations with regard
to packaging, marking and loading of goods;
iii) ensure the necessary facilities for changing
goods from one type of transport to another, at
main multimodal cargo exchange points;
iv) ensure efficient communication for multimodal
transport.

Articles 96 and 97 : Customs Clearing Agents, Freight

Forwarders and Shipping Agents
i) The Partner States shall harmonise the
requirements for registration and licensing of
clearing agents etc;
ii) The agents shall be free to register in any Partner
State provided that they fulfil the legal and
customs requirements of that Partner State.

Article 98 : Postal Services

The Partner States shall ensure fast, reliable, secure,
economical and efficient postal services in the Com-
munity. Accordingly, the Partner States shall:
i) coordinate and harmonise their policies
on postal services;
ii) promote close cooperation among their offices
in charge of postal services;
iii) strengthen their postal sorting, transit and
distribution centres;

51
iv) bring together their financial, technical research
and human resources in order to modernise the
postal services in the Community;
v) promote the necessary postal security systems
and procedures for safe mail and related
services;

Article 99 : Telecommunications
The Partner States shall ensure efficient telecommuni-
cations in the Community. Accordingly, the Partner
States shall:
i) adopt uniform policies in telecommunications;
ii) improve and modernise their
telecommunications equipment in order to
ensure adequate communication;
iii) apply uniform telecommunications charges
among themselves;
iv) exchange training, research and personnel in
telecommunication encourage private
businessmen to invest in telecommunications;
v) adopt a common scheme for monitoring cross
border mobile telephones and radio
communications.

Article 100 : Weather Services

The Partner States shall collect and exchange informa-
tion on weather in order to ensure efficient and safe
operation of air, sea and inland water ways transport,

52
and to support such economic sectors as agriculture,
tourism, construction and to guard against extreme
weather situations like hurricanes and droughts. Ac-
cordingly, the Partner States shall:
i) ensure up to date weather observation
equipment;

ii) coordinate research and collection of

information on weather;
iii) put in place early warning systems to guard
against droughts and other extreme weather
conditions.

Article 101 : Energy

The Partner States shall promote the efficient use and
development of energy resources in the Community
e.g. water dams, fuel generators and solar power.
Accordingly, the Partner States shall:
i) ensure cheaper methods of supplying
electricity;
ii) ensure that the supply of affordable energy does
not effect the environment;
iii) jointly plan, train and research in the use and
development of energy sources in the
Community;
iv) encourage the supply of electricity in the rural
areas;
v) construct oil and gas pipelines to ensure

53
 cheaper transport costs of fuels
(petroleum products);

CO-OPERATION IN EDUCATION, SCIENCE AND TECH-

NOLOGY
Article 102 : Education and Training
The Partner States shall cooperate in education and
training. Accordingly, the Partner States shall:
i) coordinate their educational policies and
programmes;
ii) strengthen existing research and training
institutions and establish new ones;
iii) cooperate in industrial training;
iv) develop common programmes in primary,
secondary and higher as well as adult and
continuing education;
v) harmonise their syllabi, examinations,
certificates and recognise each others
educational and training institutions;
vi) revive the Inter-University Council for East Africa
(already done)
vii) encourage exchange programmes for students
and teachers;
viii) encourage special education for people with
disabilities and other disadvantaged groups;
ix) encourage the private sector to play a role in
education and training; and
x) identify and develop model education centres,

54
 including universities in the Community.

Article 103 : Science and Technology

In view of the importance of science and technology in
development, the Partner States shall:
i) establish joint research institutions in the various
areas of science and technology;
ii) encourage the development and use of local
science and technologies;
iii) mobilise local and international financial
support for the development of science
and technology in the Community;
iv) exchange information on science and
technology;
v) harmonise their policies on the
development and application of modern
technology;
vi) Ensure that the rights of researchers are
protected.

55
FREE MOVEMENT OF PERSONS AND LABOUR

Article 104 : Extent of Cooperation

The Partner States shall adopt measures and make
an agreement on:
(i) the free movement of persons and labour in the
Community;
(ii) the right for any East African to do business in
any part of the Community; and
(iii) the right for any East African to reside in any
part of the Community.

In order to achieve the above, the Partner States shall

(i) make it easy for East Africans to cross borders;
(ii) have common standard travel documents e.g
the East African Passport;
(iii) open the border posts day and night;
(iv) have the same employment policies;
(v) make it possible for East Africans to get
information on available jobs within the
Community;
(vi) make it possible for East Africans to train in each
other’s training institutions;
(vii) strengthen workers and employers unions;
(viii) Ensure a healthy relationship between
governments, employers and workers.

56
AGRICULTURE AND FOOD SECURITY
Article 105 : Extent of Co-operation
The Partner States shall promote modern farming
methods in order to ensure that there is enough food
for home consumption and a surplus for export.
Accordingly, the Partner States shall:
i) have a common agricultural policy;
ii) promote industries that depend on agricultural
products;
iii) adopt good methods of harvesting, storing and
processing of food;
iv) co-operate in agricultural research and training;
control of animal and plant diseases and pests;
and the marketing of agricultural products;
v) co-operate in weather forecasts; and the fight
against effects of dry weather and deserts

Article 106 : Seed Multiplication and Distribution

The Partner States shall ensure the breeding of quality
seeds and their proper distribution to farmers.
Accordingly, the Partner States shall:
(i) ensure production and good storage of high
quality seeds;
(ii) harmonise their quarantine policies and laws in
order to make trade in seeds easy; and
(iii) encourage the private sector to invest in seed
multiplication and distribution.

57
Article 107 : Multiplication and Distribution of Live-
stock
The Partner States shall promote the production of high
quality livestock in the Community. Accordingly, the
Partner States shall:
(i) develop ways of producing high quality livestock
through methods like artificial insemination; and
(ii) harmonise their quarantine policies and laws
relating to livestock production.

Article 108: Plant And Animal Disease Control

The Partner States shall cooperate in the control of plant
and animal diseases. Accordingly, the Partner States
shall :
i) harmonise their policies and laws for the control
of plant and annual diseases;
ii) adopt common ways to ensure agricultural inputs
like chemicals, drugs and vaccines are safe and
effective; and
iii) control pests and animal diseases that move
across the borders.

Article 109 : Irrigation

The Partner States shall expand land for farming through
irrigation and other water trapping methods.
Accordingly, the Partner States shall:
i) encourage the use of irrigation in farming;
ii) improve the management of water trapping

58
 including rain water harvesting;

Article 110 : Availability of Sufficient Food

The Partner States shall ensure that there is enough
food in the Community at all times. Accordingly the
Partner States shall:
i) exchange information on areas with excess food
and those with food shortage;
ii) ensure that the right inputs are used to produce
quality food;
iii) develop all sources of food supply including fish
farming and other forms of farming;
iv) store enough food for use during periods of food
shortage.

CO-OPERATION IN ENVIRONMENT AND NATURAL

RESOURCES MANAGEMENT

Article 111 : Environment and Natural Resources

The Partner States shall ensure that their environment
and natural resources (forests, minerals, swamps, air,
rivers, lakes, etc) are well preserved when carrying out
development activities. Accordingly, the Partner States
shall:
i) co-operate with each other in the management
and safe use of natural resources in the
Community;
ii) co-ordinate their policies and plans to protect

59
 the environment and their natural
resources;
iii) adopt common policies to prevent dangerous
materials e.g. nuclear wastes and dangerous
chemicals from entering their countries;
iv) ensure that they have trained people to manage
the environment and their natural resources; and
v) ensure that their lakes, forests, rivers, swamps
and other resources are used properly so that
they permanently benefit the people of East
Africa.

Article 112 : Management of the Environment

In order to manage the environment well, the Partner
States shall:
i) develop a common policy on the management
of the environment;
ii) take measures to control air, land and water
pollution across their borders;
iii) take measures and prepare against natural and
man-made disasters e.g. floods, earthquakes,
drought, water accidents and bush fires;
iv) take into account preservation of the
environment in all their development activities
such as trade, transport, agriculture, mining,
tourism and industrial development;
v) have educational programmes for the general
public on the safe use of agricultural and

60
 industrial chemicals and fertilisers; and
vi) adopt good farming methods to avoid soil
erosion and Land destruction.

Article 113 : Prevention of Trade in Dangerous

Materials
i) The Partner States shall ensure that no one
trades in or brings into their areas dangerous
materials.
ii) The Partner States shall have laws that ensure
proper disposal of waste materials from their
industries.

Article 114 : Management of Natural Resources

In order to manage their natural resources well, the
Partner States shall adopt same regulations to protect
their natural resources; and co-operate in the
management of their natural resources by:
i) promoting the proper use of forests;
ii) promoting common management of fisheries;
iii) establishing a body for the management of Lake
Victoria;
iv) promoting joint exploration and exploitation of
shared mineral resources; and
v) exchange information on all existing natural
resources in the Community.

61
COOPERATION IN TOURISM AND WILDLIFE
MANAGEMENT
Article 115 : Tourism
The Partner States shall cooperate and coordinate their
activities in the promotion of tourism. Accordingly, the
Partner States shall:
(i) establish arrangements for highly beneficial
tourism ;
(ii) establish same regulations for tour companies
in the Community;
(iii) ensure that their hotels have the same standards;
and
(iv) ensure that tourism activities will not destroy their
environment and natural resources.

Article 116 : Wildlife Management

The Partner States shall develop same policies and
regulations for the preservation, utilisation and
management of wildlife and other tourist locations.
Accordingly, the the Partner States shall:
i) exchange information on wildlife management;
ii) coordinate their efforts in preventing illegal
hunters;
iii) promote the joint use of training and research
facilities in the management of wild animals and
other tourist attractions.

62
HEALTH, SOCIAL AND CULTURAL ACTIVITIES
Article 118 : Health
The Partner States shall:
i) jointly work together in the prevention and con
trol of diseases like HIV/AIDS, Cholera, Malaria
and yellow fever;
ii) cooperate in their campaigns for large scale
immunisation in their countries;
iii) promote health care services in the
Community;
iv) coordinate and harmonise their regulations on
medicines;
v) promote research especially the development
of traditional medicines;
vi) promote high value foods for healthy feeding
especially of local foods;
vii) cooperate in the fight against trade in and con
sumption of illegal drugs like banghi / marijuana,
heroin and cocaine.

Article 119 : Culture and Sports

The Partner States shall:
i) promote all sports and cultural activities, in the
Community;
ii) promote Kiswahili as a commonly used
language in the Community;
iii) co-operate in the preservation of their cultures
and arts.

63
Article 120 : Social Welfare
The Partner States shall:
i) co-operate in the fight against poverty;
ii) co-operate with regard to their employment
policies and working conditions of workers;
iii) promote vocational training and the education
of all citizens;
iv) promote programmes for disadvantaged and
marginalised groups like the disabled, elderly,
youth, children and women.

Article 121 : ROLE OF WOMEN IN DEVELOPMENT

i) Partner States recognise the role that women
play in the well-being and development of society.
ii) The Partner States therefore agree to make laws
and take other necessary action to:
* encourage the full involvement and participation
of women at all stages of development especially
in decision making;
* remove all laws and traditional practices which
discriminate against women; and
* encourage educational programmes aimed at
changing negative attitudes women; and
* use the type of machines and equipment in
workplaces, which will enable women acquire
more training and skills and make them
permanent in their jobs.

64
Article 122 : Women and Business
The Partner States recognise that women provide an
important link between farming, manufacturing and
trade. Accordingly, the Partner States shall:
(i) involve women more in the making and
implementation of action plans and guidelines
on farming, manufacturing and trade;
(ii) encourage special programmes for women in
small, medium and large scale businesses;
(iii) remove all laws and traditional practices which
prevent women from getting financial assistance
to do business;
(iv) initiate changes in their educational systems so
as to enable women acquire the necessary skills
to be employed and to improve their businesses;
and
(v) recognise and support the national and regional
associations of women in business.

CO-OPERATION IN POLITICAL MATTERS

Article 123 : Political Affairs
In order to achieve a Political Federation in East
Africa, the Partner States shall establish and
implement common foreign and security p o l i c i e s ,
with the following objectives :
i) To safeguard and maintain peace,
ii) To strengthen security and promote the

65
 independence of the Community and its
Partner States,
iii) To promote democracy, the rule of law and
respect for human rights.

In order to achieve the above-mentioned objectives

the Partner States shall:
i) co-operate in foreign and security matters of
common interest;
ii) co-ordinate their foreign and security policies
so as to ensure that they take common
positions in international bodies and at
international conferences; and
iii) ensure that conflicts within the Partner States
are resolved peacefully;
iv) ensure co-operation among their Parliaments
and cooperation between the national
Parliaments and the East African Legislative
Assembly.

The Council of Ministers shall decide on the date

when the common foreign and security policies
shall be established and implemented.

The Summit shall initiate the process of e s t a b l i s h -

ing a Political Federation of the Partner States by direct-
ing the Council of Ministers to carry out the process.

66
The Summit may start the process by ordering a study to
be first done by the Council of Ministers.

Article 124 : Regional Peace and Security

The Partner States agree that peace and security
are necessary for the Community’s social and eco-
nomic development and for the achievement of the ob-
jectives of the Community. Accordingly, the Partner
States shall

i) Agree to promote peace and security through

cooperation and consultations in order to
prevent or resolve differences between them;
ii) maintain good neighbourly relations which are
necessary for the promotion of peace and
security within the Community;
ii) establish ways for the proper management of
disasters like earthquakes, droughts, air and
water accidents; and
iii) establish common ways of managing refugees.

The Partner States shall co-operate in dealing

with crime across their common borders and
assist each other in dealing with criminals. (already
signed ). Accordingly, the Partner States shall:
i) promote the exchange of information and visits
on security and crime;
ii) promote joint operations such as hunting down

67
 of criminals and joint border patrols;
iii) establish common communication facilities for
border security;
iv) sign an agreement to combat Drug Trafficking;
v) exchange training programmes for security
personnel;
vi) establish common ways for the management
of refugees; and
vii) co-operate in reviewing the threat of terrorism in
the region and work out ways of addressing it.

Article 125 : Defence

In order to achieve peace, security and stability within
the region, the Partner States shall cooperate in defence
affairs.

LEGAL AND JUDICIAL AFFAIRS

Article 126 : Extent of Cooperation
The Partner States shall harmonise their training of
lawyers and the certificates awarded, and encourage
the courts in the Community to pass standard judge-
ments.

In this respect, the Partner States shall work through

their national institutions to:
i) establish a common syllabus for the training of
lawyers and to standardise qualifications;
ii) harmonise their laws related to the Community;
68
 and
iii) publish common law reports.

THE PRIVATE SECTOR AND CIVIL SOCIETY.

Article 127 : Creating an Enabling Environment for
the Private Sector and Civil Society
The Partner States agree to ensure that the private sec-
tor and civil society organisations benefit from the
Community. Accordingly, the Partner States shall:
i) put in place investment laws that encourage
private business.
ii) develop their markets through better road/rail
linkages and the removal of all obstacles to
market development;
iii) encourage investments across the boarders
and strengthen cooperation of their chambers
of commerce and similar organisations;
iv) establish, in collaboration with their chambers
of commerce, lending institutions to cater for
the small-scale businessmen.
v) promote the participation of the non-govern
mental organisations in the development
activities within the Community.

The Secretary General shall make the necessary

arrangements for periodic consultations to be held
between the private sector, civil society organisations,
other interest groups and the relevant institutions of

69
the Community.

Article 128 : Strengthening the Private Sector.

The Partner States shall strengthen the private sec-
tor’s role in the development of their economies. Ac-
cordingly, the Partner Start shall :
i) encourage the efficient use of scarce resources;
ii) promote the development of private sector
organisations which are engaged in all types of
economic activity, such as, the chambers of
commerce and industry, confederations and
associations of industry, agriculture,
manufacturers, farmers, traders, and service
providers and professional groups;
iii) encourage and sponsor practical, resourceful
and creative methods of income generation in
the private sector; and
iv) establish a quality information system which will
allow collection, harmonised processing and
timely dissemination of data and information.

Article 129 :Co-operation among Business

Organisations and Professional Bodies.
The Partner States undertake to co-operate in
promoting common measures to ensure the
strengthening of linkages among their business
organisations, employees’ and employers’
organisations and professional bodies. Accordingly,

70
the Partner States agree to:
i) support joint activities which will promote trade
and investment among the Partner States;
ii) contribute to the efficient operation of business
organisations, professional and commercial
interest groups;
iii) encourage the Council of Ministers and other
relevant institutions to take decisions that are
useful to the private sector and ensure the
implementation of decisions;

The Council of Ministers shall put in place methods for

the effective contribution of private sector and civil so-
ciety to the development of the Community.
Accordingly the Council of Ministers shall:
i) to put in place means of settling disputes among
the business community;
ii) encourage the efficient use of scarce resources
and to promote the development of private
sector organisations, such as, the chamber of
commerce and industry, confederation and
associations of industry, Agriculture,
manufacturers, farmers, traders and service
providers and professional groups.
iii) encourage and sponsor practical and
resourceful methods of income generation in
the private sector, and
iv) establish a quality information system which will

71
 allow collection, harmonised processing and
timely dissemination of data and informati
RELATIONS WITH OTHER REGIONAL AND INTER-
NATIONAL ORGANISATIONS AND DEVELOPMENT
PARTNERS
Article 130 : International Organisations and
Development Partners.
i) The Partner States shall honour their
commitments of other multinational and inter
national organisations of which they are
members.
ii) The Partner States desire a wider unity of Africa
and regard the Community as a step towards
the achievement of the objectives of the Treaty
Establishing the African Economic Community.
iii) With a view to contributing towards the
achievement of the objectives of the
Community, the Community shall foster
co-operative arrangements with other regional
and international organisations whose activities
have a bearing on the objectives of the
Community.
iv) The Partner States shall accord special
importance to co-operation with the
Organisation of African Unity, (now African
Union), United Nations Organisation and its
agencies, and other international
organisations, bilateral and multi-lateral

72
 development partners interested in the
objectives of the Community.
CO-OPERATION IN OTHER FIELDS
Article 131 : Other Fields
The Partner States undertake to consult with one an-
other through the appropriate institutions of the Com-
munity for the purpose of harmonising their respective
policies in such other fields as they may, from time to
time, consider necessary or desirable for the develop-
ment of the Community.

FINANCIAL PROVISIONS

Article 132 : Budget of the Community

The budget to run the activities of the Community
will come from the following sources:
i) equal contributions by the Partner States.
ii) donations from development partners;
iii) income from Community activities; and
iv) any other sources approved by the Council of
Ministers.

The budget of the Community is approved by the East

African Legislative Assembly.

Article 134 : Audit of Accounts

The accounts of the Communit shall be audited by an
Audit Commission, made up of the Auditors General of

73
the Partner States.

Article 135 : Financial rules and regulations.

Financial rules and regulations provide for the ways in
which the Community’s funds are to be used.

GENERAL PROVISIONS
Article 136 : Headquarters & Other Offices
i) The headquarters of the Community is in
Arusha, in the United Republic of Tanzania.
ii) The Council of Ministers may decide to set up
other offices of the Community in the Partner
States or elsewhere.

Article 137 : Official Language

i) The official language of the Community is
English.
ii) Kiswahili shall be developed as the common
language of the Community.

Article 138 : Status, Privileges and Immunities

i) The Community is an international legal entity.
ii) The Secretary General will enter into agreements
with the Governments of the Partner States
where the headquarters or other offices of the
Community are situated to provide for
immunities and privileges to be recognised
and enjoyed by the Community.

74
iii) The Partner States shall extend to the
Community and to staff of the Community
immunities and privileges like those extended
to similar international organisations.

Article 143 : Penalties

The Summit shall decide on the punishment or restric-
tion to be imposed on a Partner State that fails to pay its
contributions or to fulfil any of its obligations under the
Treaty.

Article 144 : Lifetime of the Treaty

The Treaty will last forever.

Article 145 : Withdrawal of a Partner State from the

Community
A Partner State may withdraw from the Community if:
i) The Parliament of that Partner State passes a
resolution supported by not less than two-third
majority of all members of that Partner State to
leave the Community;
ii) The withdrawing Partner State shall give a 12
month notice of its intention to withdraw from
the Community.
iii) When a Partner State withdraws, it remains
liable to discharge all its obligations, for an

75
 addition period of twelve months
v) Even when a Partner State has finally withdrawn,
it remains responsible for all obligations and
commitments it had entered into.

Article 146 : Suspension of a Member

The Summit may decide to suspend a Partner State
from the Community if that Partner State has:
i) failed to observe and fulfil the objectives of the
Community;
ii) failed to pay its contributions to the Community.

A suspended member shall continue to be bound by

its obligations, but it shall not enjoy the benefits
provided under the Treaty.

Article 147 : Expulsion of a Member

i) A Partner State that persistently fails to observe
and fulfil the objectives of the Community may
be expelled from the Community by the Summit
after being given twelve months notice.
ii) An expelled member shall continue to be bound
by its obligations, but it shall not enjoy the
benefits provided under the Treaty.

Article 148 : Exemptions from the Rule of Consensus

The decision to suspend or expel a Partner State will
not take into account the views of Partner State being

76
considered for suspension or expulsion.

Article 149 : Property of the Community when a Part-

ner State ceases to be a Member
i) The property of the Community in the territory
of a Partner State that withdraws or is expelled
from the Community shall remain the property
of the Community.
ii) The Partner State, that withdraws or is expelled
from the Community shall have no claim over
the property or assets of the Community.

Article 150: Amendment of the Treaty

i) The Treaty may be amended at any time by
agreement of all the Partner States.
ii) Any amendments to the Treaty shall be adopted
by the Summit and shall enter into force when
ratified by all the Partner States.

Article 151 – Annexes and Protocols to the Treaty

All Protocols concluded in any area of cooperation shall
be part and parcel of the Treaty.

Article 152 : Entry into Force

The Treaty entered into force on 7 July 2000.

Article 153 : Custody and Registration of the Treaty

i) The Secretary General keeps the original copy

77
 of the Treaty, together with the Letters of the
Partner States approving the Treaty.
ii) The Secretary General registered the Treaty with
the Organisation of African Unity (now African
Union) and the United Nations.

iii) The Secretary General will register the Treaty

with any other body approved by the Council of
Ministers

SIGNATURE
The Treaty was signed at Arusha on 30 November 1999
by their Excellencies President Benjamin William Mkapa
of Tanzania, President Daniel Toroitich arap Moi of
Kenya and President Yoweri Kaguta Museveni of
Uganda.

78
79