Structural challenges impeding deeper EAC integration

 

By Juma Mwapachu

In Summary

• What I want to outline in this article is that there are, in fact, deeper underlying difficulties facing the EAC beyond the Rwanda-Tanzania diplomatic skirmish.

Last year, I published a landmark book entitled ‘Challenging the Frontiers of African Integration-The Dynamics of Policies, Politics and Transformation in the East African Community’. The book contains interesting materials on the role of the East African Court of Justice and the challenges which the East African Community (EAC) is undergoing partly flowing from the inadequacies of the
Treaty establishing the institution and partly from what I view as a clash of speeds within the thinking of EAC Heads of State over deepening and widening EAC’s integration. I wish to address, from a legal standpoint, a few of these structural challenges and the resultant emerging trends that point towards addressing or mitigating such a dysfunction.

Rwanda-Tanzania Relationship

To a cursory observer, which is what one discerns from recent publications in the East African media, as well as from unfortunate, off the hip, ex tempore statements made by some political leaders, the recent diplomatic fall out between Tanzania and Rwanda speaks to these structural EAC travails. Of course, there can be little doubt that the war of words between Rwanda and Tanzania have actually contributed to the dark clouds in the EAC regional integration environment. I truly hope, however, that the recent meeting between Presidents Kagame and Kikwete in Kampala would have calmed the fury even when we are yet to learn of the real outcome of that meeting.

Struggle over Tanzania Land?

Let me also quickly add that the recent comments made by a Tanzanian member of the East African Legislative Assembly in an interview with the East African newspaper to the effect that Tanzania is ostensibly being side-lined by other EAC Partner States because of its land ownership policy is short of preposterous and totally unhelpful. I am always curious about how some Tanzanians like to front stage the land issue in EAC’s integration as if it were pivotal.

Some Tanzanians easily and conveniently choose to close their minds to the fact that that the Amos Wako Report on Fast Tracking the East African Political Federation did in fact clearly spell out, that even under the political federation, land would still remain a national issue. The Common Market Protocol equally recognises this fact. So where is this land-led controversy coming from?

Underlying Challenges

What I want to outline in this article is that there are, in fact, deeper underlying difficulties facing the EAC beyond the Rwanda-Tanzania diplomatic skirmish. The worrying challenges within the EAC involve how deeper and wider cooperation and integration can be realised by the contracting parties pursuant to the objectives set out under Article 5 of the EAC Treaty.

In this regard, there is a sense in some EAC Partner States that Tanzania, specifically, is stalling and prevaricating over a more vigorous pursuit of measures that could speed up the realisation of integration goals. This concern is not new. It has existed for quite some time and this is why the attempt to link Tanzania’s posture to deeper EAC integration to the current or recent political tensions between Tanzania and Rwanda is misplaced even when such tensions can indeed add fuel to EAC’s structural problems if not quickly resolved.

Legal Advisory Opinion

As a result of the concerns of some Partner States over EAC’s failure to move more expeditiously towards deeper cooperation and integration, it was decided by the EAC Council of Ministers in 2008 that the East African Court of Justice be petitioned to offer an Advisory Opinion pursuant to Article 36 of the EAC Treaty on two issues.

One, on the application of the Principle of Variable Geometry as provided under Article 7(1) (e) and two, on the application of the Principle of Variable Geometry vis a vis the requirement for ‘Consensus’ in decision making. Reference can be made to EACJ Application No. 1, 2008 In the Matter of the Request by the Council of Ministers of the East African Community for An Advisory Opinion.