The Ongoing Expansion of the EAC and the People-Centered Principle of Integration

An Introduction to the East African Community

On 24 November 2023, Somalia joined the East African Community (EAC),[1] making the EAC have a total of eight partner States: Tanzania, Kenya, Uganda, Rwanda, Burundi, South Sudan, the Democratic Republic of Congo (DRC), and Somalia.[2] The EAC was founded by three States, Tanzania, Kenya, and Uganda, when the Treaty for the Establishment of the East African Community (EAC Treaty) was concluded in 1999.[3] Article 3(1) of the EAC Treaty[4] explicitly mentions the three partner states and finishes with the words “…and any other country granted membership to the Community…”.

Therefore, twenty-five years after its birth, the EAC made a significant expansion by admitting five other partner States. Current reports from the EAC Secretariate indicate that two other countries, Djibouti and Ethiopia, are on their way to join the Community.[5]

People-Centered Community as a Principle of EAC Integration

The EAC Treaty stipulates several principles that govern the EAC integration agenda.[6] Among such principles is people-centered cooperation which is embraced as an operational principle of the Community under Article 7(1)(a).[7] Primarily, the EAC Treaty does not define what the principle entails. However, the principle can mean the active involvement of the partner States’ citizens in different matters of integration that may affect their welfare.[8] Whereby, the community was created for the people to integrate economically, socially, politically, and culturally, thus power is given to the people and it is upon them to provide directions on the path that the community intends to take.[9] Therefore, the principle of people-centered can also be explained as people’s democratic participation or the principle of popular participation.

Is the Admission of New Partner States People-Centered?

Article 3(3) of the EAC Treaty[10] mentions the criteria to be considered in admitting a new partner State. The criteria are the following: acceptance from other partner States; adherence to universally acceptable principles of good governance, democracy, rule of law, observance of human rights and social justice; potential contribution to the strengthening of integration within the East African region; geographical proximity with Partner States; establishment and maintenance of a market-driven economy; and social and economic policies being compatible with those of the Community.[11]

The previous and current expansion of the EAC from three founding States to eight partner States brings the question of whether the said expansion takes on board the principle of a people-centered community. That is whether the citizens of a State that has applied to join the EAC are being involved in the process of joining the EAC.[12]

In the EAC admission process, the citizens of a partner State wishing to join the EAC are never consulted in the way of referendums and other democratic processes with a view of seeking their permission to join the Community. The process of joining the EAC has been handled from the grassroots to the fully grown branches by a few elites in power in a respective applicant State and a few elites in Arusha on behalf of the EAC. For a country to join the EAC, there tend to be a series of diplomatic meetings to examine whether the abovementioned criteria, stipulated under Article 3(3) of the EAC Treaty, have been met. Upon fulfillment of the criteria, it is when the announcement of the admission of a new partner State is brought before the public. Consequently, the answer to the foregone question is that, unfortunately, the entire journey for States to join the EAC contradicts the principle of a people-centered community.

Challenges Associated with the Absence of the Principle of a People-Centered

The exclusion of peoples’ participation contradicts the principle of a people-centered community as embraced within the EAC Treaty. It can be argued that the citizens of an applicant state are not regarded as people of EAC until their State is admitted to the EAC. However, the admission of their State to the community ought to involve them by application of the principle of a People-Centered Community to inquire whether such citizens are willing to join the EAC.

The lack of the feeling of belongingness to the Community: admission of a new partner State without involving the citizens of that State has constantly painted a picture that EAC integration is of the few elites holding government posts in respective countries. This has made the partner states’ citizens feel excluded from the integration agenda and lack a sense of belonging in the Community.[13] In most instances, the non-involvement of the citizens in the admission of their State to the EAC has been among the factors in the low level of awareness of the citizens on their membership to the EAC.

Improvement Opportunities

The involvement of the citizens of an applicant State eligible to join the EAC during the admission process of their State to the EAC is crucial. It is one of the ways through which the principle of a people-centered community can be adhered to. Also, it is one of the ways through which democracy can be harnessed. It is suggested that there should be an introduction of referendum systems, whereby, citizens of a state wishing to join the EAC may consent to joining the EAC. On the other side conducting referendums can be associated with financial-related costs. Therefore, before applying to join the EAC, an interested State should mobilize adequate funds from domestic sources and local and international development partners to avoid unforeseeable financial crises after allocating funds to referendums. Also, referendums may face awareness-related challenges if the citizens are not well-informed about the regional integration and the prospects within the membership to the EAC which may attract objections from the citizens. This challenge can be avoided by effective dissemination of knowledge concerning EAC integration to the public.

[1] Vicent Owino, ‘Somalia Officially Admitted into EAC’ The EastAfrican (Nairobi, 24 November 2023) <https://www.theeastafrican.co.ke/tea/news/east-africa/somalia-officially-admitted-into-eac-4444168>  accessed 22 January 2024.

[2] Pauline Kairu, ‘East African Community Expands with Admission of Somalia’ The EastAfrican (Nairobi, 16 December 2023) 2.

[3] Treaty on the Establishment of the East African Community [1999].

[4] Treaty on the Establishment of the East African Community [1999], art 3(1).

[5] Edward Qorro, ‘Ethiopia, Djibouti to join EAC’ Daily News (Arusha, 5 October 2023).

[6] Khoti Kamanga and Ally Possi, ‘General Principles Governing EAC Integration’ in Emmanuel Ugirashebuja et (eds), Institutional, Substantive and Comparative EU Aspects, (Leiden, 2017).

[7] Treaty on the Establishment of the East African Community [1999], art 7(1)(a).

[8] Gotrib Mgaya, ‘Legal, Institutional and Practical Challenges of the People-Centered Principle in the East African Community’ (University of Dodoma, 2021).

[9] Louise Mdachi, ‘Regional Integration and People-Centeredness; An Assessment of the Mechanisms for Popular Involvement in the Decision-Making of the East African Community’(CUNY 2014).

[10] Treaty on the Establishment of the East African Community [1999], art 3(3).

[11] East African Community, ‘Admission of the Democratic Republic of the Congo (DRC) into the EAC: Frequently Asked Questions (FAQs) <https://www.eac.int/integration-pillars/17-basic-page> accessed 18 January 2024.

[12] Petro Protas and Theofil Romward, ‘Reflection on “People-Centered Principle” in the East African Community: The Current Legal Controversy’ (2015) 42(2) Eastern Africa Law Review, 17. 

[13] Josie Knowles ‘East African Federation: Tanzanian Awareness of Economic and Political Integration Remains Poor, But There is Growing Support for Political Links’ (2014) 146 Afrobarometer Briefing Paper 1, 9.