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
