- Act 13 of 2002
- 10 May 2002
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East African Community Act, 2002
Act 13 of 2002
- Published in Uganda Gazette 27 on 10 May 2002
- Assented to on 4 May 2002
- Commenced on 15 January 2005 by East African Community Act (Commencement) Instrument, 2005
- [This is the version of this document from 10 May 2002.]
1. Short titleThis Act may be cited as the East African Community Act, 2002 and shall come into operation on such dale as the Minister may, by statutory instrument appoint.
2. InterpretationIn this Act, unless the context otherwise requires—“Act of the Community” means an Act of the Community enacted in accordance with article 62 of the Treaty;“the Assembly” means the East African Legislative Assembly established by article 9 of the Treaty;“the Community” means the East African Community established by article 2 of the Treaty;“the Council” means the Council of the East African Community established by article 9 of the Treaty.“Gazette" means the Official Gazette of the Community;“institutions” means the institutions of the Community established by or under article 9 of the Treaty;“the Minister” means the Minister responsible for regional co-operation;“organs” means the organs established by article 9 of the Treaty;“Partner States” means the United Republic of Tanzania, the Republic of Uganda, the Republic of Kenya and any other country granted membership to the Community under article 3 to this Treaty;“Secretariat” means the Secretariat of the Tripartite Commission established under article 6 of the Agreement for the Establishment of a Permanent Tripartite Commission for Co-operation between the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya entered into on the 30th day of November, 1993;“the Treaty” means the Treaty for the Establishment of the East African Community dated 30th November 1999, and entered into by the United Republic of Tanzania, the Republic of Uganda, and the Republic of Kenya which is set out in the Schedule to this Act, and as from time to time amended under any provision of the Treaty or otherwise modified.
3. Treaty to have force of law in Uganda
4. Community to have capacity of a body corporate
5. Transfer of rights and liabilities
6. Financial provisions
7. Immunities and privileges of employees
8. Status, immunities and privileges of the Community
9. Acts of the Community to have the force of law
10. Adaption of written laws
11. Subsequent amendment of the TreatyWhere after the commencement of this Act, the Treaty is amended or modified in accordance with the provisions of article 150 of the Treaty, and ratified under article 123 of the Constitution of the Republic of Uganda, the Minister shall cause a copy of the amendment or modification to be laid before Parliament; and the amendment or modification shall, for the purposes of this Act. come or be deemed to have come into operation on the date it is laid before Parliament.
12. Repeal of Act No. 28 of 1967The East African Community Act, 1967 is repealed.
The Treaty for the establishment of the East African Community
PreambleWHEREAS the Republic of Uganda, the Republic of Kenya and the United Republic of Tanzania have enjoyed close historical, commercial, industrial, cultural and other ties for many years;AND WHEREAS formal economic and social integration in the East African Region commenced with, among other things, the construction of the Kenya Uganda Railway 1897 - 1901, the establishment of the Customs Collection Centre 1900, the East African Currency Board 1905, the Postal Union 1905, the Court of Appeal for Eastern Africa 1909, the Customs Union 1919, the East African Governors Conference 1926, the East African Income Tax Board 1940 and the Joint Economic Council 1940;AND WHEREAS provision was made by the East Africa (High Commission) Orders in Council 1947 - 1961, the East African Common Services Organisation Agreements 1961 - 1966, and the Treaty for East African Co-operation 1967 for the establishment respectively, of the East Africa High Commission, the East African Common Services Organisation and the East African Community as successive joint organisations of the said countries to control and administer certain matters of common interest and to regulate the commercial and industrial relations and transactions between the said countries and by means of a central legislature to enact on behalf of the said countries laws relevant to the purposes of the said joint organisations;AND WHEREAS in 1977 the Treaty for East African Co-operation establishing the East African Community was officially dissolved, the main reasons contributing to the collapse of the East African Community being lack of strong political will, lack of strong participation of the private sector and civil society in the co-operation activities, the continued disproportionate sharing of benefits of the Community among the Partner States due to their differences in their levels of development and lack of adequate policies to address this situation;AND WHEREAS upon the dissolution of the East African Community the said countries signed on the 14th day of May, 1984, at Arusha, in Tanzania the East African Community Mediation Agreement 1984, hereinafter referred to as “the Mediation Agreement” for the division of the assets and liabilities of the former East African Community;AND WHEREAS pursuant to Article 14.02 of the Mediation Agreement the said countries agreed to explore and identify areas for future co-operation and to make arrangements for such co-operation;AND WHEREAS on the 30th day of November, 1993, provision was made by the Agreement for the Establishment of a Permanent Tripartite Commission for Co-operation Between the Republic of Uganda, the Republic of Kenya and the United Republic of Tanzania for the establishment of the Permanent Tripartite Commission for Co-operation hereinafter referred to as “the Tripartite Commission" to be responsible for the co-ordination of economic, social, cultural, security and political issues among the said countries and a Declaration was also made by the Heads of State of the said countries for closer East African Co-operation;AND WHEREAS on the 26th day of November, 1994, provision was made by the Protocol on the Establishment of a Secretariat of the Permanent Tripartite Commission for Co-operation Between the Republic of Uganda, the Republic of Kenya and the United Republic of Tanzania, for the establishment of the Secretariat of the Permanent Tripartite Commission for Co-operation Between the Republic of Uganda, the Republic of Kenya and the United Republic of Tanzania to act as the Secretariat of the Tripartite Commission, hereinafter referred to as “the Secretariat of the Tripartite Commission”;AND WHEREAS on the 29th day of April 1997 at Arusha in Tanzania, the Heads of State of the said countries after reviewing the progress made by the Tripartite Commission, in the development of closer co-operation between the said countries in the fiscal, monetary, immigration, infrastructure and service fields and after approving the East African Co-operation Development Strategy for the period 1997 - 2000, directed the Tripartite Commission to embark on negotiations for the upgrading of the Agreement establishing the Tripartite Commission into a Treaty;AND WHEREAS the said countries, with a view to strengthening their co-operation are resolved to adhere themselves to the fundamental and operational principles that shall govern the achievement of the objectives set out herein and to the principles of international law governing relationships between sovereign states;AND WHEREAS the said countries, with a view to realising a fast and balanced regional development are resolved to creating an enabling environment in all the Partner States in order to attract investments and allow the private sector and civil society to play a leading role in the socio-economic development activities through the development of sound macro-economic and sectoral policies and their efficient management while taking cognisance of the developments in the world economy as contained in the Marrakesh Agreement Establishing the World Trade Organisation, 1995 referred to “as the WTO Agreement” and as may be decided by the Partner States, the development of technological capacity for improved productivity;AND WHEREAS the said countries desire to foster and to promote greater awareness of the shared interests of their people;AND WHEREAS the said countries are resolved to act in concert to achieve the objectives set out hereinbefore;Now THEREFORE the Republic of Uganda, the Republic of Kenya and the United Republic of Tanzania;DETERMINED to strengthen their economic, social, cultural, political, technological and other ties for their fast balanced and sustainable development by the establishment of an East African Community, with an East African Customs Union and a Common Market as transitional stages to and integral parts thereof, subsequently a Monetary Union and ultimately a Political Federation;CONVINCED that co-operation at the sub-regional and regional levels in all fields of human endeavour will raise the standards of living of African peoples, maintain and enhance the economic stability, foster close and peaceful relations among African states and accelerate the successive stages in the realisation of the proposed African Economic Community and Political Union;AGREE AS FOLLOWS:
Article 1 – Interpretation
Establishment and principles of the Community
Article 2 – Establishment of the Community
Article 3 – Membership of the Community
Article 4 – Legal capacity of the Community
Article 5 – Objectives of the Community
Article 6 – Fundamental principles of the CommunityThe fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shall include:
Article 7 – Operational principles of the Community
Article 8 – General undertaking as to implementation
Establishment of the organs and institutions of the Community
Article 9 – Establishment of the organs and institutions of the Community
Article 10 – Membership of the Summit
Article 11 – Functions of the Summit
Article 12 – Meetings of the Summit
Article 13 – Membership of the CouncilThe Council shall consist of the Ministers responsible for regional co-operation of each Partner State and such other Ministers of the Partner States as each Partner State may determine.
Article 14 – Functions of the Council
Article 15 – Meetings of the Council
Article 16 – Effects of regulations, directives, decisions and recommendations of the CouncilSubject to the provisions of this Treaty, the regulations, directives and decisions of the Council taken or given in pursuance of the provisions of this Treaty shall be binding on the Partner States, on all organs and institutions of the Community other than the Summit, the Court and the Assembly within their jurisdictions, and on those to whom they may under this Treaty be addressed.
The Co-ordination Committee
Article 17 – Composition of the Co-ordination CommitteeThe Co-ordination Committee shall consist of the Permanent Secretaries responsible for regional co-operation in each Partner State and such other Permanent Secretaries of the Partner States as each Partner State may determine.
Article 18 – Functions of the Co-ordination CommitteeThe Co-ordination Committee:
Article 19 – Meetings of the Co-ordination Committee
Article 20 – Establishment and composition of Sectoral CommitteesThe Co-ordination Committee shall recommend to the Council the establishment, composition and functions of such Sectoral Committees as may be necessary for the achievement of the objectives of this Treaty.
Article 21 – Functions of the Sectoral CommitteesSubject to any directions the Council may give, each Sectoral Committee shall:
Article 22 – Meetings of the Sectoral CommitteesSubject to any directions that may be given by the Council, the Sectoral Committees shall meet as often as necessary for the proper discharge of their functions and shall determine their own procedure.
The East African Court of Justice
Article 23 – Role of the CourtThe Court shall be a judicial body which shall ensure the adherence to law in the interpretation and application of and compliance with this Treaty.
Article 24 – Judges of the Court
Article 25 – Tenure of office of Judges
Article 26 – Removal from office and temporary membership of the Court
Article 27 – Jurisdiction of the Court
Article 28 – Reference by Partner States
Article 29 – Reference by the Secretary General
Article 30 – Reference by Legal and Natural PersonsSubject to the provisions of Article 27 of this Treaty, any person who is resident in a Partner State may refer for determination by the Court, the legality of any Act, regulation, directive, decision or action of a Partner State or an institution of the Community on the grounds that such Act, regulation, directive, decision or action is unlawful or is an infringement of the provisions of this Treaty.
Article 31 – Disputes between the Community and its employeesThe Court shall have jurisdiction to hear and determine disputes between the Community and its employees that arise out of the terms and conditions of employment of the employees of the Community or the application and interpretation of the staff rules and regulations and terms and conditions of service of the Community.
Article 32 – Arbitration clauses and special agreementsThe Court shall have jurisdiction to hear and determine any matter:
Article 33 – Jurisdiction of national courts
Article 34 – Preliminary rulings of national courtsWhere a question is raised before any court or tribunal of a Partner State concerning the interpretation or application of the provisions of this Treaty or the validity of the regulations, directives, decisions or actions of the Community, that court or tribunal shall, if it considers that a ruling on the question is necessary to enable it to give judgment, request the Court to give a preliminary ruling on the question.
Article 35 – Judgment of the Court
Article 36 – Advisory opinions of the Court
Article 37 – Appearance before the Court
Article 38 – Acceptance of judgments of the Court
Article 39 – Interim ordersThe Court may, in a case referred to it, make any interim orders or issue any directions which it considers necessary or desirable. Interim orders and other directions issued by the Court shall have the same effect ad interim as decisions of the Court.
Article 40 – InterventionA Partner State, the Secretary General or a resident of a Partner State who is not a party to a case before the Court may, with leave of the Court, intervene in that case, but the submissions of the intervening party shall be limited to evidence supporting or opposing the arguments of a party to the case.
Article 41 – Proceedings
Article 42 – Rules of the Court and oaths of office
Article 43 – Immunity of the Judges and the holding of other offices
Article 44 – Execution of judgmentsThe execution of a judgment of the Court which imposes a pecuniary obligation on a person shall be governed by the rules of civil procedure in force in the Partner State in which execution is to take place. The order for execution shall be appended to the judgment of the Court which shall require only the verification of the authenticity of the judgment by the Registrar whereupon, the party in whose favour execution is to take place, may proceed to execute the judgment.
Article 45 – Registrar of the Court and other staff
Article 46 – Official language of the CourtThe official language of the Court shall be English.
Article 47 – Seat of the CourtThe Seat of the Court shall be determined by the Summit.
The East African Legslative Assembly
Article 48 – Membership of the Assembly
Article 49 – Functions of the Assembly
Article 50 – Election of members of the Assembly
Article 51 – Tenure of office of elected members
Article 52 – Questions as to membership of the Assembly
Article 53 – Speaker of the Assembly
Article 54 – Invitation of persons to assist the Assembly
Article 55 – Meetings of the Assembly
Article 56 – Presiding in the AssemblyThere shall preside at any sitting of the Assembly:
Article 57 – Quorum and vacancies in the Assembly
Article 58 – Voting in the Assembly
Article 59 – Bills and motions in the Assembly
Article 60 – Rules of procedure of the AssemblyThe Assembly may make, amend, add to or revoke rules governing the procedure of the Assembly.
Article 61 – Powers, privileges and immunities of the Assembly and its members
Article 62 – Acts of the Community
Article 63 – Assent to Bills
Article 64 – Publication of Acts of the CommunityThe Secretary General shall cause every Act of the Community to be published in the Gazette.
Article 65 – Relations between the Assembly and the National Assemblies of the Partner StatesIn pursuance of the policy of the Community of popular participation in the achievement of its objectives and so that the Council may be able to take into account in the exercise of its functions, the opinion of the general public in the Partner States on matters relating to the achievement of the objectives of the Community as expressed through the debates of the elected members of their National Assemblies, and those of the Assembly and to foster co-operation between the Assembly and the National Assemblies of the Partner States hereinafter referred to as “the National Assemblies”:
The Secretariat and staff of the Community
Article 66 – Establishment of the Secretariat
Article 67 – Secretary General
Article 68 – Deputy Secretaries General
Article 69 – Counsel to the Community
Article 70 – Other officers and staff of the Secretariat
Article 71 – Functions of the Secretariat
Article 72 – Relationship between the Secretariat and the Partner States
Article 73 – Immunities
Co-operation in trade liberalisation and development
Article 74 – East African Trade RegimeIn order to promote the achievement of the objectives of the Community as set out in Article 5 of this Treaty, and in furtherance of Article 2 of this Treaty, the Partner States shall develop and adopt an East African Trade Regime and co-operate in trade liberalisation and development in accordance therewith.
Article 75 – Establishment of a Customs Union
Article 76 – Establishment of a Common Market
Article 77 – Measures to address imbalances arising from the application of the provisions for the establishment of a Customs Union and a Common MarketFor purposes of this Article, the Partner States shall within the framework of the Protocols provided for under Articles 75 and 76 of this Treaty, take measures to address imbalances that may arise from the application of the provisions of this Treaty.
Article 78 – Safeguard clause
Co-operation in investment and industrial development
Article 79 – Industrial developmentIn order to promote the achievement of the objectives of the Community as set out in Article 5 of this Treaty, the Partner States shall take such steps in the field of industrial development that will:
Article 80 – Strategy and priority areas
Co-operation in standardisation, quality assurance, metrology and testing
Article 81 – Standardisation, quality assurance, metrology and testing
Monetary and financial co-operation
Article 82 – Scope of co-operation
Article 83 – Monetary and fiscal policy harmonisation
Article 84 – Macro-economic co-ordination within the Community
Article 85 – Banking and capital market developmentThe Partner States undertake to implement within the Community, a capital market development programme to be determined by the Council and shall create a conducive environment for the movement of capital within the Community. To this end, the Partner States shall:
Article 86 – Movement of capitalThe Partner States shall in accordance with the time table to be determined by the Council, permit the free movement of capital within the Community, develop, harmonise and eventually integrate their financial systems. In this regard, the Partner States shall:
Article 87 – Joint project financing
Article 88 – Safeguard measuresThe Council may approve measures designed to remedy any adverse effects a Partner State may experience by reason of the implementation of the provisions of this Chapter, provided that such a Partner State shall furnish to the Council proof that it has taken all reasonable steps to overcome the difficulties, and that such measures are applied on a non-discriminatory basis.
Co-operation in infrastructure and services
Article 89 – Common transport and communications policiesIn order to promote the achievement of the objectives of the Community as set out in Article 5 of this Treaty, the Partner States undertake to evolve co-ordinated, harmonised and complementary transport and communications policies; improve and expand the existing transport and communication links; and establish new ones as a means of furthering the physical cohesion of the Partner States, so as to facilitate and promote the movement of traffic within the Community. To this end, the Partner States shall take steps, inter alia, to;
Article 90 – Roads and road transportThe Partner States shall:
Article 91 – Railways and rail transport
Article 92 – Civil aviation and civil air transport
Article 93 – Maritime transport and portsThe Partner States shall:
Article 94 – Inland waterways transportThe Partner States shall:
Article 95 – Multimodal transportThe Partner States shall:
Article 96 – Freight booking centresThe Partner States shall encourage the establishment of freight booking centres.
Article 97 – Freight forwarders, customs clearing agents and shipping agents
Article 98 – Postal servicesThe Partner States shall harmonise their policies on postal services and promote close co-operation between their postal administrations and devise ways and means to achieve fast, reliable, secure, economic and efficient services among themselves through:
Article 99 – TelecommunicationsThe Partner States shall;
Article 100 – Meteorological services
Article 101 – Energy
Co-operation in the development of human resources, science and technology
Article 102 – Education and training
Article 103 – Science and technology
Free movement of persons, labour, services, right of establishment and residence
Article 104 – Scope of co-operation
Agriculture and food security
Article 105 – Scope of co-operation
Article 106 – Seed multiplication and distributionThe Partner States shall:
Article 107 – Livestock multiplication and distributionThe Partner States shall:
Article 108 – Plant and animal diseases controlThe Partner States shall:
Article 109 – Irrigation and water catchment managementThe Partner States agree to take concerted effort to expand agricultural land through irrigation and water catchment strategies and for this purpose, shall:
Article 110 – Food securityThe Partner States shall:
Co-operation in environment and natural resources management
Article 111 – Environmental issues and natural resources
Article 112 – Management of the environment
Article 113 – Prevention of illegal trade in and movement of toxic chemicals, substances and hazardous wastes
Article 114 – Management of natural resources
Co-operation in tourism and wildlife management
Article 115 – Tourism
Article 116 – Wildlife managementThe Partner States undertake to develop a collective and co-ordinated policy for the conservation and sustainable utilisation of wildlife and other tourist sites in the Community. In particular, the Partner States shall:
Health, social and cultural activities
Article 117 – Scope of co-operationIn order to promote the achievement of the objectives of the Community as set out in Article 5 of this Treaty, the Partner States undertake to co-operate in health, cultural and sports and social welfare activities within the Community.
Article 118 – HealthWith respect to co-operation in health activities, the Partner States undertake to:
Article 119 – Culture and sportsThe Partner States shall promote close co-operation amongst themselves in culture and sports, with respect to:
Article 120 – Social welfareThe Partner States undertake to closely co-operate amongst themselves in the field of social welfare with respect to:
Enhancing the role of women in socio-economic development
Article 121 – The role of women in socio-economic developmentThe Partner States recognise that women make a significant contribution towards the process of socio-economic transformation and sustainable growth and that it is impossible to implement effective programmes for the economic and social development of the Partner States without the full participation of women. To this end, the Partner States shall through appropriate legislative and other measures:
Article 122 – The role of women in businessHaving recognised the importance of women as a vital economic link between agriculture, industry and trade, the Partner States undertake to:
Co-operation in political matters
Article 123 – Political affairs
Article 124 – Regional peace and security
Article 125 – Defence
Legal and judicial affairs
Article 126 – Scope of co-operation
The private sector and the civil society
Article 127 – Creation of an enabling environment for the private sector and the civil society
Article 128 – Strengthening the private sector
Article 129 – Co-operation among business organisations and professional bodies
Relations with other regional and international organisations and development partners
Article 130 – International organisations and development partners
Co-operation in other fields
Article 131 – Other fields
Article 132 – Budget
Article 133 – Other resourcesOther resources of the Community shall include such extra budgetary resources as:
Article 134 – Audit of accounts
Article 135 – Financial rules and regulations
General, transitional and final provisions
Article 136 – Headquarters and other offices of the Community
Article 137 – Official language
Article 138 – Status, privileges and immunities
Article 139 – Dissolution of the Permanent Tripartite Commission and its SecretariatUpon the coming into force of this Treaty, hereinafter referred to as “the appointed day”, the Tripartite Commission and the Secretariat of the Tripartite Commission respectively established on the 30th day of November, 1993, by the Agreement for the Establishment of a Permanent Tripartite Commission for Co-operation Between the Republic of Uganda, the Republic of Kenya and the United Republic of Tanzania, and on the 26th day of November, 1994, by the Protocol on the Establishment of the Secretariat of the Permanent Tripartite Commission for Co-operation Between the Republic of Uganda, the Republic of Kenya and the United Republic of Tanzania, shall both cease to exist.
Article 140 – Transitional provisions
Article 141 – Transfer of assets and liabilities
Article 142 – Saving provisions
Article 143 – SanctionsA Partner State which defaults in meeting its financial and other obligations under this Treaty shall be subject to such action as the Summit may on the recommendation of the Council, determine.
Article 144 – Duration of the TreatyThis Treaty shall have perpetual duration.
Article 145 – Withdrawal of a member
Article 146 – Suspension of a member
Article 147 – Expulsion of a member
Article 148 – Exceptions to the rule of consensusNotwithstanding the provisions of paragraph 3 of Article 12 of this Treaty, the views of the Partner State being considered for suspension or expulsion shall not count, for the purposes of reaching a decision under the provisions of Articles 146 and 147 of this Treaty.
Article 149 – Rights over property and assets of the Community upon cessation of membership
Article 150 – Amendment of the Treaty
Article 151 – Annexes and protocols to the Treaty
Article 152 – Entry into forceThis Treaty shall enter into force upon ratification and deposit of instruments of ratification with the Secretary General by all Partner States.
Article 153 – Depository and registration
History of this document
15 January 2005
10 May 2002 this version
04 May 2002