PRINCIPLES OF THE EAST AFRICAN COMMUNITY FUNDAMENTAL PRINCIPLES

PRINCIPLES OF THE EAST AFRICAN COMMUNITY

FUNDAMENTAL PRINCIPLES � Contained in Article 6 of the Treaty � These principles are interdependent on each other � Mutual trust, political will and sovereign equality � Peaceful co-existence and good neighborliness � Peaceful settlement of disputes � Good governance – adherence to principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality and the protection of human rights

� The promotion of good governance is essential to promote peace, stability and development in the region � Cf. Chapter 23 – Article 123, 124 and 125 � See also EAC Protocol on Cooperation in Defence Affairs � Draft Protocol on Governance – to develop a framework that would market the region as a single investment and trade zone. � Corruption – seen to be one of the more prominent non – tariff barriers to trade and free movement of goods and services

� The Draft Protocol on Governance has 7 pillars � Constitutionalism � Rule of law and Access to Justice � Protection of Equal Opportunities � Democracy and democratization process � Combating corruption and enhancing ethics and integrity � Separation of powers � Economic governance � Private sector development and corporate governance

� On the issue of Human Rights – the EAC has institutionalized annual meetings of National Human Rights Commissions to exchange view, information, challenges and best practices as well as to share progress reports on implementation of human rights protection in the region � The Council developed a Plan of Action on the Promotion and Protection of Human Rights – EAC/CM/Decision 36

� The main interventions: � The establishment of an EAC Human Rights Policy Forum � Capacity Building programmes for Partner States on how to formulate and implement National Action Plans � Capacity building on how to comply with reporting obligations contained in regional and international human rights instruments � Capacity building for the creation of awareness through education and training

� To strengthen the principle of adherence to transparency and accountability – there is a Protocol on Prevention and Combating Corruption � The aim of the Protocol is to promote and strengthen mechanisms to prevent and combat corruption � Provides for preventative measures and enforcement mechanisms � Defines acts of corruption

� Provides for asset recovery and forfeiture � Sets out issues of jurisdiction � Procedures for fair trial and transfer of criminal proceedings � Provides for the formation of Financial intelligence units � The development and harmonization of policies and national legislation

� On democracy and rule of law– the Council established the EAC Forum of National Electoral Commissions in order to enhance harmonization of democratization process, to share challenges and best practices in the conduct of free, fair and credible elections in the EAC region � COE – was established to draft a policy framework detailing the mandate, scope and role of the Forum � A study was also commissioned to research on the costs of elections – sharing election materials and equipment within the region � See: Reference No 1 of 2007 EACJ

� Other fundamental principles � Equitable distribution of benefits � Cooperation for mutual benefit

Operational Principles � These are contained in Article 7 � People – centered and market driven cooperation – Application No 9 of 2007 � Provision by PS of an adequate and appropriate enabling environment such as conducive policies and basic infrastructure � Development of export oriented economy – free movement of goods, persons, labour, services, capital, information and technology

� Equitable distribution of resources – and measures to address economic imbalances � The principle of subsidiarity � The principle of variable geometry � The principle of complementarity � The principle of asymmetry � PS also UNDERTAKE to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of the universally accepted standards of human rights.

� Article 8 contains provisions as to how to implement the Treaty and how to achieve the objectives of the Treaty � For instance: creation of favorable conditions for the achievement of objectives � Coordination of the economic and other policies � Abstain from measures that are likely to jeopardize the achievement of the Objectives of the Treaty

� Timeline placed in the enactment of legislation to give effect to the Treaty � Designation of a Ministry with which the SG can communicate in connection with matters arising out of the implementation or the application of the Treaty � Transmission of all relevant existing and proposed legislation to the SG � Community organs, institutions and laws shall take precedence over similar national ones on matters pertaining to the implementation of the Treaty

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