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Principles of East African Community

The document outlines several operational principles of the East African Community as established in Article 7 of the treaty: 1. People-centered and market-driven cooperation, ensuring participation of citizens and private sector in integration activities. 2. Partner states provide an enabling environment through policies and infrastructure to facilitate a common market with free movement of goods, services, capital etc. 3. The principle of subsidiarity emphasizes multilevel participation and involvement of stakeholders in the integration process. However, major EAC decisions have not been widely debated by citizens. 4. The principle of variable geometry allows flexibility for subgroups to progress cooperation in some areas at different speeds, but it risks fragmentation if applied for political reasons rather than

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87 views

Principles of East African Community

The document outlines several operational principles of the East African Community as established in Article 7 of the treaty: 1. People-centered and market-driven cooperation, ensuring participation of citizens and private sector in integration activities. 2. Partner states provide an enabling environment through policies and infrastructure to facilitate a common market with free movement of goods, services, capital etc. 3. The principle of subsidiarity emphasizes multilevel participation and involvement of stakeholders in the integration process. However, major EAC decisions have not been widely debated by citizens. 4. The principle of variable geometry allows flexibility for subgroups to progress cooperation in some areas at different speeds, but it risks fragmentation if applied for political reasons rather than

Uploaded by

loraine koskei
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PRINCIPLES OF EAST AFRICAN COMMUNITY

OPERATIONAL PRINCIPLES OF THE COMMUNITY


Article 7 of the treaty for establishment of the East African treaty provides for the operational

principles which govern the practical achievement of the objectives of the community.

They include ;

1. People centered and market driven cooperation

2. The provinsion by the partner states of an adequate and appropriate enabling environment

,such as condusive policies and basic infrastructer

3. The establishment of an export oriented economy for the partner states in which there

shall be free movement of goods ,persons,labour ,service ,capital ,information and

technology

4. The principle of subsidiarity with emphasis on multilevel participation amd the

involvement of a wide range of stake-holders in the process of intergration of information

and technology

5. Principle of variable geometry which

PERSON CENTERED AND MARKET DRIVEN COOPERATION

an integration activity, originate from the people; in line with the ‘people-centered’

integration spirit.

Adequate consultation of the people is a key reqirement before making laws or

amendment
.looking back at history one of the main reasons of the collapse of the East African community

(1977) was the Lack of strong participation of the private sector and civil society in the co-

operation activities,

In the case case of East African Law Society &4 others vs Attorney General & 3 others uphold

the participation of the people in community activities

PROVINSION BY THE PARTNER STATES OF AN ADEQUATE AND

APPROPRIATE ENABLING ENVIRONMENT

An enabling environment is mainly possible through creation of legal frameworks and

favourable policies.

The Legal frame work of the EAC includes;

1. CUSTOMS UNION

2. COMMON MARKET

3. MONETARY UNION

4. POLITICAL FEDERATION

ESTABLISHMENT OF AN EXPORT ORIENTED ECONOMY FOR THE PARTNER

there shall be free movement of goods ,persons,labour ,service ,capital ,information and

technology..

The aspects of common market under


PRINCIPLE OF SUBSIDIARITY

. The concept implies the presence of authority between different levels of governance, in

which the decision making process should start from the lowest level capable of

achieving the objectives set

C, the primary goal of the subsidiarity principle is to ensure decisions, regarding an

integration activity, originate from the people; in line with the ‘people-centered’

integration spirit. In essence, the principle of subsidiarity reaffirms democratic principles,

within the context of regional integration.

Sets the tune of interaction between the EAC and its Partner States

n the law-making process, subsidiarity provides guidance on the legislative powers of an

integration bloc in areas in which both the bloc and the Partner States have common

legislative competences.

In determining whether the principle has been duly adhered to by the EAC, it is important

to note that major decisions impacting EAC integration have not been widely debated by

Community citizens.

HOW WAS THE PRINCIPLE VIOLATED


PRINCIPLES OF VARIABLE GEOMETRY

6. allows for the progression in cooperation among groups within the community for wider

intergration schemes in various fields and at different speeds;principle of flexibility

which allolws for progression in cooperation among a sub-group of members in a larger

intergration scheme in a variety of areas and different speeds

In the quest for an advisory opinion, the EACJ was called upon to clarify the application

of the principle of variable geometry vis-à-vis the requirement of consensus in the

decision making process of the the matter of a request by the Council of Ministers of the

East African Community for an Advisory Opinion, Application No. 1 2008, EACJ, First

Instance Division. the principle clashes with the requirement of consensus in the decision

making process within the Summit23 and the Council of Ministers.24 The Court finds

that the principle of variable geometry, as its definition suggests, is a strategy of

implementation of Community decisions and not a decision making tool in itself. [. . .]

The Court is of the opinion, therefore, that the principle of variable geometry can

comfortably apply, and was intended, to guide the integration process and we find no

reason or possibility for it to conflict with the requirement for consensus in decision-

making.2

when applied under political influence, this may lead to the fragmentation of the

integration bloc. In 2013, invoking the principle of variable geometry, Kenya, Rwanda

and Uganda, under the tag of ‘coalition of the willing’, held a series of meetings while

excluding Burundi and Tanzania.31 The meetings considered issues relating to the

Customs Union, Common Market implementation, regional investment, infrastructure

development, and the removal of non-tariff barriers. The move by the three countries was
not well-received by the citizens and leaders of Burundi and Tanzania. Furthermore, the

principle is at risk of being used as an escape route by an unwilling state to implement

integration projects under the shield of the principle of variable geometr

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