East African Community Act

In this Act, unless the context otherwise requires

Where after the commencement of this Act, the Treaty is amended or modified in accordance with Article 150 of the Treaty, and ratified under Article 123 of the Constitution, 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 Schedule (Section 1 )

Treaty for the establishment of the East African Community

Preamble WHEREAS 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 Cooperation 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 Cooperation 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 socioeconomic 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:

Chapter one Interpretation

Article 1 - Interpretation

"Act of the Community" means an Act of the Community in accordance with this Treaty;

"Audit Commission" means the Audit Commission established by Article 134 of this Treaty;

"Assembly" means the East African Legislative Assembly established by Article 9 of this Treaty;

"Bill" means a Bill of the East African Legislative Assembly;

"Civil society" means a realm of organised social life that is voluntary, self generating, self-supporting, autonomous from the state, and bound by a legal set of shared rules;

"Clerk of the Assembly" means the Clerk of the East African Legislative Assembly appointed under Article 48 of this Treaty;

"common carrier" includes a person or an undertaking engaged in the business of providing services for the carriage of goods and passengers for hire and operating as such under the laws of a Partner State;

"common external tariff" means an identical rate of tariff imposed on goods imported from third countries;

"Common market" means the Partner States' markets integrated into a single market in which there is free movement of capital, labour, goods and services;

"common standard travel document" means a passport or any other valid travel document establishing the identity of the holder, issued by or on behalf of the Partner State of which he or she is a citizen and shall also include inter-state passes;

"Community" means the East African Community established by Article 2 of this Treaty;

"Contracting Parties" means the Republic of Uganda, the Republic of Kenya and the United Republic of Tanzania;

"co-operation" includes the undertaking by the Partner States in common, jointly or in concert, of activities undertaken in furtherance of the objectives of the Community as provided for under this Treaty or under any contract or agreement made there under or in relation to the objectives of the Community;

"Co-ordination Committee" means the Co-ordination Committee established by Article 9 of this Treaty;

"Council" means the Council of Ministers of the Community established by Article 9 of this Treaty;

"Counsel to the Community" means the Counsel to the Community provided for under Article 69 of this Treaty;

"countervailing duty" means a specific duty levied for purposes of offsetting a subsidy bestowed directly or indirectly upon the manufacture, production or export of that product;

"Court" means the East African Court of Justice established by Article 9 of this Treaty;

"customs clearing agent" means a person who is licensed in any of the Partner States to provide a service at a fee, in connection with documentation and customs clearance of import and export of consignments of goods;

"designated airline" means an airline which has been designated and authorised by a competent authority of a Partner State to operate the agreed services;

"duty drawback" means a refund of all or part of any excise or import duty paid in respect of goods confirmed to have been exported or used in a manner or for a purpose prescribed as a condition for granting duty drawback;

"East African Industrial Development Strategy" means the strategy provided for under Article 80 of this Treaty;

"East African Law Reports" means the published reports of the judgments of the former Court of Appeal for East Africa and the High Courts of Uganda, Kenya and Tanzania;

"East African Trade Regime" means a trade regime provided for under Article 74 of this Treaty;

"elected member" means an elected member of the Assembly elected under Article 50 of this Treaty;

"environment" means the natural resources of air, water, soil, fauna and flora, eco-systems, land, the man-made physical features, cultural heritage, the characteristic aspects of the landscape and the socio- economic interaction between the said factors and any living and non-living organisms;

"equitable distribution of benefits" means fair and proportionate distribution of benefits;

"financial year" means the financial year referred to under Article 132 of this Treaty;

"foreign country" means any country other than a Partner State;

"freight forwarder" means a person engaged at a fee, either as an agent for other transport operators or on his own account, in the management of transport services and related documentation;

"Gazette" means the Official Gazette of the Community;

"gender" means the role of women and men in society;

"Head of Government" means a person designated as such by a Partner State's Constitution;

"Head of State" means a person designated as such by a Partner States Constitution;

"import" with its grammatical variations and cognate expressions means to bring or cause to be brought into the territories of the Partner States from a foreign country;

"indigenous entrepreneur" means a citizen who is a business person of a Partner State but who does not possess a foreign nationality;

"institutions of the Community" means the institutions of the Community established by Article 9 of this Treaty;

"international standards" means standards that are adopted by international standardizing or standards organisations made available to the public;

"Judge" means a Judge of the East African Court of Justice and includes the President and the Vice President of the Court;

"judgment" shall where appropriate include a ruling, an opinion, an order, a directive or a decree of the Court;

"Minister" in relation to a Partner State, means a person appointed as a Minister of the Government of that Partner State and any other person, however entitled, who, in accordance with any law of that Partner State, acts as or performs the functions of a Minister in that State;

"multimodal transport" means the transport of goods and services from one point to another by two or more modes of transport on the basis of a single contract issued by the person organizing such services and while such person assumes responsibility for the execution of the whole operation and also includes any other similar equipment or facility which may hereafter be used;

"multimodal transport facilities" includes items such as heavy lift swinging devices, twin deck cranes, gantry cranes, elevators, large carriers, mechanised storage, low loaders, access facilities, low-profile straddle carriers, mobile cranes, container gantry cranes, side loaders, heavy duty forklifts, heavy duty tractors, heavy duty trailers, portable ramps, flat wagons (flats) for containers, low tare special user wagons and trucks for containers, pallets, web-slings for pre-slung cargoes for different commodities and other similar equipment or facility which may hereafter be used;

"National Assemblies" with its grammatical variation and cognate expression means the national legislatures however designated of the Partner States;

"non-tariff barriers" means administrative and technical requirements imposed by a Partner State in the movement of goods;

"organs of the Community" means the organs of the Community established by Article 9 of this Treaty;

"other charges of equivalent effect" means any tax, surtax, levy or charge imposed on imports and not on like locally produced products but does not include fees and similar charges commensurate with the cost of services rendered;

"Partner States" means the Republic of Uganda, the Republic of Kenya and the United Republic of Tanzania and any other country granted membership to the Community under Article 3 of this Treaty;

"person" means a natural or legal person;

"President of the Court" means the person appointed as President of the Court under Article 24 of this Treaty;

"principle of asymmetry" means the principle which addresses variances in the implementation of measures in an economic integration process for purposes of achieving a common objective;

"principle of complementarity" means the principle which defines the extent to which economic variables support each other in economic activity;

"principle of subsidiarity" means the principle which emphasises multi-level participation of a wide range of participants in the process of economic integration;

"principle of variable geometry" means the principle of flexibility which allows for progression in co-operation among a subgroup of members in a larger integration scheme in a variety of areas and at different speeds;

"private sector" means the part of the economy that is not owned or directly controlled by a state;

"protocol" means any agreement that supplements, amends or qualifies this Treaty;

"Registrar" means Registrar of the Court appointed under Article 45 of this Treaty;

"safeguard measures" means the measures taken by any Partner State as provided under Article 78 and 88 of this Treaty as the case may be;

"salary" and "terms and conditions of service" includes wages, overtime pay, salary and wage structures, leave, passages, transport for leave purposes, pensions and other retirement benefits, redundancy and severance payments, hours of duty, grading of posts, medical arrangements, housing, arrangements for transport and travelling on duty and allowances;

"Secretariat" means the Secretariat of the Community established by Article 9 of this Treaty;

"Secretary General" means the Secretary General of the Community provided for under Article 67 of this Treaty;

"Sectoral Committees" means the Sectoral Committees established by Article 20 of this Treaty;

"Sectoral Council" means the Sectoral Council provided for under Article 14 of this Treaty;

"shipping agent" means a local representative of a shipping company;

"Speaker of the Assembly" means the Speaker of the Assembly provided for under Article 53 of this Treaty;

"subsidy" means a financial contribution by Government or any public body within the territory of a Partner State or where there is any form of income or price support in the sense of Article XVI of GATT 1994;

"Summit" means the Summit established by Article 9 of this Treaty;

"surviving institutions of the former East Africa Community" means the East African Civil Aviation Academy, Soroti, the East African Development Bank, the East African School of Librarianship and the Inter-University Council for East Africa;

"telecommunications" means any form of transmission, emission or reception signal, writing, images and sounds or intelligence of any nature by wire, radio, optical or other electro-magnetic systems;

"trade procedure" means activities related to the collection, presentation, processing and dissemination of data and information concerning all activities constituting international trade;

"Treaty" means this Treaty establishing the East African Community and any annexes and protocols thereto.

a law or protocol shall be construed as a reference to the law or protocol as from time to time amended, added to or repealed Chapter two Establishment and principles of the Community

Article 2 - Establishment of the Community

establish among themselves an East African Community hereinafter referred to as "the Community"

the provisions of paragraph 1 of this Article and in accordance with the protocols to be concluded in this regard, the Contracting Parties shall establish an East African Customs Union and a Common Market as transitional stages to and integral parts of the Community Article 3 - Membership of the Community

in this Treaty referred to as "the Partner States", shall be the Republic of Uganda, the Republic of Kenya and the United Republic of Tanzania and any other country granted membership to the Community under this Article

terms and in such manner as they may determine, together negotiate with any foreign country the granting of membership to, or association of that country with, the Community or its participation in any of the activities of the Community

Article, the matters to be taken into account by the Partner States in considering the application by a foreign country to become a member of, be associated with, or participate in any of the activities of the Community, shall include that foreign country's (a) acceptance of the Community as set out in this Treaty;

in this Article

respect to the Community shall (a) in case of a foreign country, be the prerogative of the Summit; and

the Council Article 4 - Legal capacity of the Community

within each of the Partner States, of a body corporate with perpetual succession, and shall have to acquire, hold, manage and dispose of land and other property, and to sue and be sued in its own name

perform any of the functions conferred upon it by this Treaty and to do all things, including borrowing, that are necessary or desirable for the performance of those functions

the Secretary General Article 5 - Objectives of the Community

be to develop policies and programmes aimed at widening and deepening co-operation among the Partner States in political, economic, social and cultural fields, research and technology, defence, security and legal and judicial affairs, for their mutual benefit

the provisions of paragraph 1 of this Article, the Partner States undertake to establish among themselves and in accordance with the provisions of this Treaty, a Customs Union, a Common Market, subsequently a Monetary Union and ultimately a Political Federation in order to strengthen and regulate the industrial, commercial, infrastructural, cultural, social, political and other relations of the Partner States to the end that there shall be accelerated, harmonious and balanced development and sustained expansion of economic activities, the benefit of which shall be equitably shared

1 of this Article and as subsequently provided in particular provisions of this Treaty, the Community shall ensure (a) the attainment of sustainable growth and development of the Partner States by the promotion of a more balanced and harmonious development of the Partner States;

Article 6 - Fundamental principles of the Community The 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

1 The principles that shall govern the practical achievement of the objectives of the Community shall include:

by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights Article 8 - General undertaking as to implementation

months from the date of signing this Treaty, secure the enactment and the effective implementation of such legislation as is necessary to give effect to this Treaty, and in particular (a) to confer upon the Community the legal capacity and personality required for the performance of its functions; and

take precedence over similar national ones on matters pertaining to the implementation of this Treaty

the provisions of paragraph 4 of this Article, the Partner States undertake to make the necessary legal instruments to confer precedence of Community organs, institutions and laws over similar national ones Chapter three Establishment of the organs and institutions of the Community

Article 9 - Establishment of the organs and institutions of the Community

be such bodies, departments and services as may be established by the Summit

this Treaty, the East African Development Bank established by the Treaty Amending and Re-enacting the Charter of the East African Development Bank, 1980 and the Lake Victoria Fisheries organisation established by the Convention (Final Act) for the Establishment of the Lake Victoria Fisheries Organisation, 1994 and surviving institutions of the former East African Community shall be deemed to be institutions of the Community and shall be designated and function as such

Community shall perform the functions, and act within the limits of the powers conferred upon them by or under this Treaty

composition of the organs and institutions of the Community, gender balance shall be taken into account Chapter four The Summit

Article 10 - Membership of the Summit

Heads of State or Government of the Partner States

it is not convenient to postpone the meeting, that member may, after consultation with other members of the Summit appoint a Minister of Government to attend the meeting. A Minister so appointed shall, for purposes of that meeting, have all the powers, duties and responsibilities of the member of the Summit for whom the person is acting Article 11 - Functions of the Summit

and impetus as to the development and achievement of the objectives of the Community

the Council as provided for by this Treaty

of peace, security and good governance within the Community and the progress achieved towards the establishment of a Political Federation of the Partner States

functions as may be conferred upon it by this Treaty

subject to any conditions which it may think fit to impose, to a member of the Summit, to the Council or to the Secretary General

on the Summit by this Treaty or by an Act of the Community, to the Council or to the Secretary General

the provisions of any Act of the Community, the acts and decisions of the Summit may be signified under the hand of the Secretary General or of any officer in the service of the Community authorised in that behalf by the Summit

and orders made by it under this Treaty to be published in the Gazette; and any such rules or orders shall come into force on the date of publication unless otherwise provided in the rule or order.

referred to in paragraphs 5 and paragraphs 6 of this Article, shall not include (a) the giving of general directions and impetus;

Article 12 - Meetings of the Summit

the Summit

the Chairperson of the Summit is one year and the office of the Chairperson shall be held in rotation among the Partner States

the Council and any other matter, which may have a bearing on the Community

the provisions of this Treaty, the Summit shall determine its own procedure, including that for convening its meetings, for the conduct of business thereat and at other times, and for the rotation of the office of Chairperson among the members of the Summit Chapter five The Council

Article 13 - Membership of the Council The 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

keep under constant review the implementation of the programmes of the Community and ensure the proper functioning and development of the Community in accordance with this Treaty

the Council shall (a) make policy decisions for the efficient and harmonious functioning and development of the Community;

the Court in accordance with this Treaty

on the date of publication unless otherwise provided therein Article 15 - Meetings of the Council

the Council may be held at the request of a Partner State or the Chairperson of the Council

procedure including that for convening its meetings, for the conduct of business thereat and at other times, and for the rotation of the office of Chairperson among its members who are Ministers responsible for regional co-operation in the Partner States

the Council who is the leader of his or her Partner State's delegation to a meeting of the Council, may record his or her objection to a proposal submitted for the decision of the Council and, if any such objection is recorded, the Council shall not proceed with the proposal and shall, unless the objection is withdrawn refer the matter to the Summit for decision

the Council shall be by consensus

4 of this Article shall be concluded within a period of six months from the entry into force of this Treaty Article 16 - Effects of Regulations, Directives, Decisions and Recommendations of the Council Effects of Regulations, Directives, Decisions and Recommendations of the Council Subject 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.

Chapter six The Co-ordination Committee

Article 17 - Composition of the Co-ordination Committee The 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 Committee The Co-ordination committee:

Article 19 - Meetings of the Co-ordination Committee

the Council, the Coordination Committee shall meet at least twice in each year preceding the meetings of the Council and may hold extraordinary meetings at the request of the Chairperson of the Co-ordination Committee

own procedure including that for convening its meetings, for the conduct of business thereat and at other times, and for the rotation of the office of Chairperson among its members who are Permanent Secretaries responsible for regional co-operation in the Partner States Chapter seven Sectoral Committees

Article 20 - Establishment and composition of Sectoral Committees The 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 Committees Subject to any directions the Council may give, each Sectoral Committee shall:

Article 22 - Meetings of the Sectoral Committees

Subject 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.

Chapter eight The East African Court of Justice

Article 23 - Role of the Court The 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

i. Judges of the Court shall be appointed by the Summit from among persons recommended by the Partner States who are of proven integrity, impartiality and independence and who fulfil the conditions required in their own countries for the holding of such high judicial office, or who are jurists of recognised competence, in their respective Partner States:

Provided that no more than two Judges shall at any time be appointed on the recommendation of the same Partner State.

Provided that of the Judges first appointed to the Court, the terms of two Judges shall expire at the end of five years, the terms of two other Judges shall expire at the end of six years and the remaining two Judges shall serve their full term of seven years.

expire at the end of each of the initial periods mentioned in paragraph 2 of this Article shall be chosen by lot to be drawn by the Summit immediately after their first appointment

the Court, who shall be appointed by the Summit from among the Judges appointed under paragraph 1 of this Article Provided that the President and the Vice President of the Court were not recommended for appointment by the same Partner State.

the Court shall be held in rotation after the completion of any one term

the Court shall direct the work of the Court, represent it, regulate the disposition of matters brought before the Court, and preside over its sessions Article 25 - Tenure of office of Judges

24, a Judge appointed under paragraph 1 of Article 24 of this Treaty, shall hold office for a maximum period of seven years

the full term of his or her appointment unless he or she resigns or attains seventy (70) years of age or dies or is removed from office in accordance with this Treaty

the Court with respect to a matter which has been argued before the Court of which he or she was a member is delivered, that Judge shall, only for the purpose of completing that particular matter, continue to sit as a Judge

the Secretary General

in this Treaty shall be determined by the Summit on the recommendation of the Council Article 26 - Removal from office and temporary membership of the Court

the Court or other Judge shall not be removed from office except by the Summit for misconduct or for inability to perform the functions of his or her office due to infirmity of mind or body

the provisions of paragraph 1 of this Article, a Judge of the Court shall only be removed from office if the question of his or her removal from office has been referred to an ad hoc independent tribunal appointed for this purpose by the Summit and the tribunal has recommended that the Judge be removed from office for misconduct or inability to perform the functions of his or her office

of this Article shall consist of three eminent Judges drawn from within the Commonwealth of Nations

when the office of the President of the Court is vacant, or the person holding that office is for any reason unable to perform the functions of the office, those functions shall be performed by the Vice President of the Court

the Court shall be prescribed in rules of the Court

the Court, he or she shall immediately report the nature of his or her interest to the President of the Court, and, if in his or her opinion the President of the Court considers the Judge's interest in the case prejudicial, he or she shall make a report to the Chairperson of the Summit, and the Summit shall appoint a temporary Judge to act for that case only in place of the substantive Judge

the President of the Court is directly or indirectly interested in a case before the Court he or she shall, if he or she considers that the nature of his or her interest is such that it would be prejudicial for him or her to take part in that case, make a report to the Chairperson of the Summit and the Summit shall appoint a temporary President of the court to act as President of the court for that case only in place of the substantive President of the Court Article 27 - Jurisdiction of the Court

over the interpretation and application of this Treaty

the Council at a suitable subsequent date. To this end, the Partner States shall conclude a protocol to operationalise the extended jurisdiction Article 28 - Reference by Partner States

the Court for adjudication

the Court, the legality of any Act, regulation, directive, decision or action on the ground that it is ultra vires or unlawful or an infringement of the provisions of this Treaty or any role of law relating to its application or amounts to a misuse or abuse of power Article 29 - Reference by the Secretary General

the Secretary General considers that a Partner State has failed to fulfil an obligation under this Treaty or has infringed a provision of this Treaty, the Secretary General shall submit his or her findings to the Partner State concerned for that Partner State to submit its observations on the findings

the Secretary General within four months, or if the observations submitted are unsatisfactory, the Secretary General shall refer the matter to the Council which shall decide whether the matter should be referred by the Secretary General to the Court immediately or be resolved by the Council

the Council under the provisions of paragraph 2 of this Article and the Council fails to resolve the matter, the Council shall direct the Secretary General to refer the matter to the Court Article 30 - Reference by legal and natural persons Subject 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 employees The 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 agreements The Court shall have jurisdiction to hear and determine any matter:

Article 33 - Jurisdiction of National Courts

on the Court by this Treaty, disputes to which the Community is a party shall not on that ground alone, be excluded from the jurisdiction of the national courts of the Partner States

the Court on the interpretation and application of this Treaty shall have precedence over decisions of national courts on a similar matter Article 34 - Preliminary rulings of National Courts Where 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

pursuant to this Treaty in accordance with rules of the Court and shall deliver in public session, a reasoned judgment which, subject to rules of the Court as to review, shall be final, binding and conclusive and not open to appeal Provided that if the Court considers that in the special circumstances of the case it is undesirable that its judgment be delivered in open court, the Court may make an order to that effect and deliver its judgment before the parties privately.

the Court reached in private by majority verdict Provided that a Judge may deliver a dissenting judgment.

the Court only if it is based upon the discovery of some fact which by its nature might have had a decisive influence on the judgment if it had been known to the Court at the time the judgment was given, but which fact, at that time, was unknown to both the Court and the party making the application, and which could not, with reasonable diligence, have been discovered by that party before the judgment was made, or on account of some mistake, fraud or error on the face of the record or because an injustice has been done Article 36 - Advisory opinions of the Court

the Council or a Partner State may request the Court to give an advisory opinion regarding a question of law arising from this Treaty which affects the Community, and the Partner State, the Secretary General or any other Partner State shall in the case of every such request have the right to be represented and take part in the proceedings

the Court

the Registrar shall immediately give notice of the request, to all the Partner States, and shall notify them that the Court shall be prepared to accept, within a time fixed by the President of the Court, written submissions, or to hear oral submissions relating to the question

the Court shall be governed by this Treaty and rules of the Court relating to references of disputes to the extent that the Court considers appropriate Article 37 - Appearance before the Court

the Court may be represented by an advocate entitled to appear before a superior court of any of the Partner States appointed by that party

the Court in any matter in which the Community or any of its institutions is a party or in respect of any matter where the Counsel to the Community thinks that such an appearance would be desirable Article 38 - Acceptance of judgments of the Court

the Court pursuant to this Chapter shall not be subjected to any method of settlement other than those provided for in this Treaty

the Council or the Court, the Partner States shall refrain from any action which might be detrimental to the resolution of the dispute or might aggravate the dispute

the Council shall take, without delay, the measures required to implement a judgment of the Court Article 39 - Interim orders The 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 - Intervention A 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

the Court shall be prescribed in rules of the Court

the Court shall be either written or oral

the President or Vice President of the Court and shall be kept and maintained by the Registrar Article 42 - Rules of the Court and Oaths of Office

the Court which shall, subject to the provisions of this Treaty, regulate the detailed conduct of the business of the Court

the Registrar of the Court shall take before the Summit upon their appointment or make upon entering into their duties Article 43 - Immunity of the Judges and the holding of other offices

the Court shall be immune from legal action for any act or omission committed in the discharge of their judicial functions under this Treaty

the Court shall neither hold any political office or any office in the service of a Partner State or the Community nor engage in any trade, vocation or profession that is likely to interfere or create a conflict of interest to his or her position Article 44 - Execution of judgments The 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

the Court from among citizens of the Partner States qualified to hold such high judicial office in their respective Partner States

the Court

the Registrar and other staff of the Court shall be determined by the Council

the provisions of paragraph 1 of this Article the Registrar shall be responsible to the President of the Court for the day to day administration of the business of the Court. The Registrar shall also carry out the duties imposed upon him by this Treaty and rules of the Court Article 46 - Official language of the Court The official language of the Court shall be English.

Article 47 - Seat of the Court The Seat of the Court shall be determined by the Summit.

Chapter nine The East African Legislative Assembly

Article 48 - Membership of the Assembly

preside over and take part in its proceedings in accordance with the rules of procedure of the Assembly

the Assembly and shall perform the functions provided in respect thereof in the said rules of procedure

the Council Article 49 - Functions of the Assembly

any other functions as are conferred upon it by this Treaty Article 50 - Election of members of the Assembly

it is feasible, the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups in that Partner State, in accordance with such procedure as the National Assembly of each Partner State may determine

a person (a) is a citizen of that Partner State;

Article 51 - Tenure of office of elected members

member of the Assembly shall hold office for five years and be eligible for re-election for a further term of five years

the Members of the Assembly shall be determined by the Summit on the recommendation of the Council

shall vacate his or her seat in the Assembly upon the happening of any of the following events (a) upon the delivery of his or her resignation in writing to the Speaker of the Assembly;

Article 52 - Questions as to membership of the Assembly

any person is an elected member of the Assembly or whether any seat on the Assembly is vacant shall be determined by the institution of the Partner State that determines questions of the election of members of the National Assembly responsible for the election in question

the Speaker of the Assembly of every determination made under paragraph 1 of this Article Article 53 - Speaker of the Assembly

be elected on rotational basis by the elected members of the Assembly from among themselves to serve for a period of five years

be removed from office by a resolution supported by not less than two- thirds majority of the elected members for inability to perform the functions of his or her office, whether arising from infirmity of mind or body or for misconduct Article 54 - Invitation of persons to assist the Assembly

any person to attend the Assembly, notwithstanding that he or she is not a member of the Assembly, if in his or her opinion the business before the Assembly renders his or her presence desirable

a person so invited to take part in the proceedings of the Assembly relating to the matters in respect of which he or she was invited Article 55 - Meetings of the Assembly

be held at such times and places as the Assembly may appoint

the provisions of paragraph 1 of this Article, the Assembly shall meet at least once in every year at Arusha in the United Republic of Tanzania and at a time to be determined by the Assembly Article 56 - Presiding in the Assembly There shall preside at any sitting of the Assembly:

Article 57 - Quorum and vacancies in the Assembly

of procedure of the Assembly shall make provision as to the number and composition of the elected members that shall constitute a quorum of the Assembly

for the purposes of paragraph 1 of this Article, the person presiding shall not be taken into account

notwithstanding that there is a vacancy among its members, and the attendance or participation of any person not entitled to attend or participate in the proceedings of the Assembly shall not invalidate those proceedings Article 58 - Voting in the Assembly

the members present and voting

shall not be entitled to vote in the Assembly

the Speaker of the Assembly a member is presiding in the Assembly, the member presiding shall retain his or her right to vote

the members are equally divided upon any motion before the Assembly, the motion shall be lost Article 59 - Bills and motions in the Assembly

of the Assembly, any member may propose any motion or introduce any Bill in the Assembly Provided that a motion which does not relate to the functions of the Community shall not be proposed in the Assembly, and a Bill which does not relate to a matter with respect to which Acts of the Community may be enacted shall not be introduced into the Assembly.

the provisions of paragraphs 1 and 2 of this Article (a) the Council shall publish annually and present to a meeting of the Assembly a general report on the activities of the Community and which the Assembly shall consider at its meeting;

Article 60 - Rules of procedure of the Assembly The 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

be immune from legal action for any acts of omission or commission in the discharge of their functions under this Treaty

and effective discharge of the business of the Assembly, enact legislation for the powers, privileges and immunities of the Assembly, its Committees and members Article 62 - Acts of the Community

Community shall be effected by means of Bills passed by the Assembly and assented to by the Heads of State, and every Bill that has been duly passed and assented to shall be styled an Act of the Community

the Speaker of the Assembly shall submit the Bill to the Heads of State for assent

the Heads of State under paragraph 2 of this Article shall contain the following words of enactment

the President of the Republic of Uganda, the President of the Republic of Kenya and the President of the United Republic of Tanzania Article 63 - Assent to Bills

to or withhold assent to a Bill of the Assembly

assent as provided for in paragraph 1 of this Article within three months from the date on which it was passed by the Assembly shall be referred back to the Assembly, giving reasons, and with a request that the Bill or a particular provision thereof be reconsidered by the Assembly

the Bill, the Bill shall be resubmitted to the Heads of State for assent

assent to a re-submitted Bill, the Bill shall lapse Article 64 - Publication of Acts of the Community The 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 States In 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 cooperation between the Assembly and the National Assemblies of the Partner States hereinafter referred to as "the National Assemblies":

Chapter ten The Secretariat and staff of the Community

Article 66 - Establishment of the Secretariat

organ of the Community

in the service of the Community (a) Secretary General;

Article 67 - Secretary General

by the Summit upon nomination by the relevant Head of State under the principle of rotation

the Secretary General the Partner State from which he or she is appointed shall forfeit the post of Deputy Secretary General

principal executive officer of the Community and shall (a) be the head of the Secretariat;

the Secretary General shall be determined by the Council and approved by the Summit Article 68 - Deputy Secretaries General

of Deputy Secretaries General

the Council and on a rotational basis

serve a three year term, renewable once

the Council and approved by the Summit Article 69 - Counsel to the Community

the Community who shall be the principal legal adviser to the Community

the Council

be appointed on contract and in accordance with the staff rules and regulations and terms and conditions of service of the Community

the Council Article 70 - Other officers and staff of the Secretariat

the Council may determine

be appointed on contract and in accordance with staff rules and regulations and terms and conditions of service of the Community

the Council Article 71 - Functions of the Secretariat

1 The Secretariat shall be responsible for:

the Secretary General shall where he or she thinks it appropriate, act on behalf of the Secretariat

the Secretary General in the discharge of his or her functions

be the principal legal adviser to the Community in connection with matters pertaining to this Treaty and the Community and he or she shall by virtue of this paragraph be entitled to appear in the Courts of the Partner States in respect of matters pertaining to the Community and this Treaty Article 72 - Relationship between the Secretariat and the Partner States

any other authority external to the Community. They shall refrain from any actions which may adversely reflect on their position as international civil servants and shall be responsible only to the Community

the Council

the international character of the responsibilities of the institutions and staff of the Community and shall not seek to influence them in the discharge of their functions

for the purpose of discharging its functions Article 73 - Immunities

the Council may determine Chapter eleven Co-operation in trade liberalisation and development

Article 74 - East African Trade Regime In 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

Partner States agree to establish a Customs Union details of which shall be contained in a Protocol which shall, inter alia, include the following

the Council

the Council may establish and confer powers and authority upon such institutions as it may deem necessary to administer the Customs Union

the Council, the Partner States shall not impose any new duties and taxes or increase existing ones in respect of products traded within the Community and shall transmit to the Secretariat all information on any tariffs for study by the relevant institutions of the Community

on the importation into their territory of goods originating from the other Partner States and thereafter to refrain from imposing any further non-tariff barriers

enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Partner States

on the Establishment of a Customs Union Article 76 - Establishment of a Common Market

subject to the Protocol provided for in paragraph 4 of this Article, there shall be free movement of labour, goods, services, capital, and the right of establishment

the Council

the Council may establish and confer powers and authority upon such institutions as it may deem necessary to administer the Common Market

the Partner States shall conclude a Protocol on 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 Market For 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

the provisions of this Chapter, the Partner State concerned shall, after informing the Council through the Secretary General and the other Partner States, take necessary safeguard measures

and effect of the application of existing safeguard measures and take decisions thereon Chapter twelve Co-operation in investment and industrial development

Article 79 - Industrial development In 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

this Treaty, the Partner States shall take measures to (a) develop an East African Industrial Development Strategy;

for the purposes of Article 79 of this Treaty as the Council may determine Chapter thirteen Co-operation in standardisation, quality assurance, metrology and testing

Article 81 - Standardisation, quality assurance, metrology and testing

quality assurance, metrology and testing can facilitate sustainable modernisation in the Community

significance of standardisation, quality assurance, metrology and testing in the enhancement of the standard of living, reduction of unnecessary variety of products, the facilitation of interchangeability of products, the promotion of trade and investment, consumer protection, the enhancement of savings in public and private purchasing, improved productivity, the facilitation of information exchange, the promotion of health as well as the protection of life, property, and the environment

and apply a common policy for the standardisation, quality assurance, metrology and testing of goods and services produced and traded within the Community

a protocol on Standardisation, Quality Assurance, Metrology and Testing for the goods and services produced and traded in the Community Chapter fourteen Monetary and financial co-operation

Article 82 - Scope of co-operation

in order to establish monetary stability within the Community aimed at facilitating economic integration efforts and the attainment of sustainable economic development of the Community. To this end, the Partner States shall (a) co-operate in monetary and financial matters and maintain the convertibility of their currencies as a basis for the establishment of a Monetary Union;

the provisions of paragraph 1 of this Article, inter alia (a) maintain the existing convertibility of their currencies to promote the use of national currencies in the settlement of payments for all transactions among the Partner States thereby economising on the use of foreign currency;

Article 83 - Monetary and fiscal policy harmonisation

1 The Partner States undertake to adopt policy measures in accordance with an agreed macro-economic policy framework.

of this Article, the Partner States undertake to (a) remove all exchange restrictions on imports and exports within the Community;

Article 84 - Macro-economic co-ordination within the Community

the Council their macro-economic policies and economic reform programmes with a view to promoting the socio-economic development of the Community

within the Community, the Partner States undertake to evolve policies designed to improve their resource and production base Article 85 - Banking and capital market development The 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 capital The 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

in financing projects jointly in each other's territory, especially those that facilitate integration within the Community

in the mobilisation of foreign capital for the financing of national and joint projects Article 88 - Safeguard measures The 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.

Chapter fifteen Co-operation in infrastructure and services

Article 89 - Common transport and communications policies In 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 transport The Partner States shall:

Article 91 - Railways and rail transport

the Partner States within the Community and, where necessary, to construct additional railway connections

Article 92 - Civil aviation and civil air transport

policies on civil aviation to promote the development of safe, reliable, efficient and economically viable civil aviation with a view to developing appropriate infrastructure, aeronautical skills and technology, as well as the role of aviation in support of other economic activities

steps to facilitate the establishment of joint air services and the efficient use of aircraft as steps towards the enhancement of air transportation within the Community

Article 93 - Maritime transport and ports The Partner States shall:

Article 94 - Inland waterways transport The Partner States shall:

Article 95 - Multimodal transport The Partner States shall:

Article 96 - Freight booking centres The Partner States shall encourage the establishment of freight booking centres.

Article 97 - Freight forwarders, customs clearing agents and shipping agents

requirements for registration and licensing of freight forwarders, customs clearing agents and shipping agents

any person to register, and be licensed, as a freight forwarder, customs clearing agent and shipping agent, provided that, that person fulfils the legal and customs requirements of that Partner State

the commercial activities, rights and obligations of a lawfully registered and licensed freight forwarder or clearing agent Article 98 - Postal services The 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 - Telecommunications The Partner States shall;

Article 100 - Meteorological services

disseminate to the other Partner States meteorological information in order to facilitate the efficient operation of air navigation, coastal shipping, inland waterways transport and the issuing of cyclone warnings and other adverse weather phenomena and co-operate in the following areas (a) Expansion and upgrading of meteorological observations network and telecommunications;

on the planet

and expertise concerning new developments in meteorological science and technology including the calibration and comparison of instruments Article 101 - Energy

and mechanisms to promote the efficient exploitation, development, joint research and utilisation of various energy resources available within the region 2 For the purposes of paragraph 1 of this Article, the Partner States shall in particular promote within the Community:

Chapter sixteen Co-operation in the development of human resources, science and technology

Article 102 - Education and training

of the objectives of the Community as set out in Article 5 of the Treaty, the Partner States agree to undertake concerted measures to foster co-operation in education and training within the Community

the Council may determine Article 103 - Science and technology

and technology in economic development, the Partner States undertake to promote cooperation in the development of science and technology within the Community through (a) the joint establishment and support of scientific and technological research and of institutions in the various disciplines of science and technology;

the Council may determine Chapter seventeen Free movement of persons, labour, services, right of establishment and residence

Article 104 - Scope of co-operation

measures to achieve the free movement of persons, labour and services and to ensure the enjoyment of the right of establishment and residence of their citizens within the Community

on the Free Movement of Persons, Labour, Services and Right of Establishment and Residence at a time to be determined by the Council

in the enhancement of the social partnership between the governments, employers and employees so as to increase the productivity of labour through efficient production Chapter eighteen Agriculture and food security

Article 105 - Scope of co-operation

the agricultural sector are the achievement of food security and rational agricultural production within the Community. To this end, the Partner States undertake to adopt a scheme for the rationalisation of agricultural production with a view to promoting complementarity and specialisation in and the sustainability of national agricultural programmes in order to ensure (a) a common agricultural policy;

his Article, the Partner States undertake to co-operate in specific fields of agriculture, including (a) the harmonisation of agricultural policies of the Partner States;

Article 106 - Seed multiplication and distribution The Partner States shall:

Article 107 - Livestock multiplication and distribution The Partner States shall:

Article 108 - Plant and animal diseases control The Partner States shall:

Article 109 - Irrigation and water catchment management The 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 security The Partner States shall:

Chapter nineteen Co-operation in environment and natural resources management

Article 111 - Environmental issues and natural resources

on the environment leading to the degradation of the environment and depletion of natural resources and that a clean and healthy environment is a prerequisite for sustainable development. The Partner States therefore (a) agree to take concerted measures to foster co-operation in the joint and efficient management and sustainable utilisation of natural resources within the Community;

the environment shall have the following objectives (a) to preserve, protect and enhance the quality of the environment;

Article 112 - Management of the environment

this Treaty, the Partner States undertake to co-operate in the management of the environment and agree to (a) develop a common environmental management policy that would sustain the eco-systems of the Partner States, prevent, arrest and reverse the effects of environmental degradation;

this Article, the Partner States undertake to (a) adopt common environment control regulations, incentives and standards;

Article 113 - Prevention of illegal trade in and movement of toxic chemicals, substances and hazardous wastes

and adopt common positions against illegal dumping of toxic chemicals, substances and hazardous wastes within the Community from either a Partner State or any third party

legal and regulatory framework for the management, movement, utilisation and disposal of toxic substances

or accede to international environmental conventions that are designed to improve environmental policies and management Article 114 - Management of natural resources

this Treaty, the Partner States agree to take concerted measures to foster co- operation in the joint and efficient management and the sustainable utilisation of natural resources within the Community for the mutual benefit of the Partner States. In particular, the Partner States shall (a) take necessary measures to conserve their natural resources;

this Article, the Partner States (a) with regard to the conservation and management of forests, agree to take necessary measures through:

Chapter twenty Co-operation in tourism and wildlife management

Article 115 - Tourism

of the objectives of the Community as set out in Article 5 of this Treaty, the Partner States undertake to develop a collective and co-ordinated approach to the promotion and marketing of quality tourism into and within the Community. To this end, the Partner States shall co- ordinate their policies in the tourism industry and undertake to establish a framework of co-operation in the sector that will ensure equitable distribution of benefits

common code of conduct for private and public tour and travel operators, standardise hotel classifications and harmonise the professional standards of agents in the tourism and travel industry within the Community

a regional strategy for tourism promotion whereby individual efforts are reinforced by regional action Article 116 - Wildlife management The 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:

Chapter twenty one Health, social and cultural activities

Article 117 - Scope of co-operation In 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 - Health With respect to co-operation in health activities, the Partner States undertake to:

Article 119 - Culture and sports The Partner States shall promote close co-operation amongst themselves in culture and sports, with respect to:

Article 120 - Social welfare The Partner States undertake to closely co-operate amongst themselves in the field of social welfare with respect to:

Chapter twenty two Enhancing the role of women in socio-economic development

Article 121 - The role of women in socio-economic development The 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 business Having recognised the importance of women as a vital economic link between agriculture, industry and trade, the Partner States undertake to:

Chapter twenty three Co-operation in political matters

Article 123 - Political affairs

of the objectives of the Community as set out in Article 5 of this Treaty particularly with respect to the eventual establishment of a Political Federation of the Partner States, the Partner States shall establish common foreign and security policies

this Article, the Community and its Partner States shall define and implement common foreign and security policies

and security policies shall be to (a) safeguard the common values, fundamental interests and independence of the Community;

set out in paragraph 3 of this Article by (a) establishing systematic co-operation between the Partner States on any matter of foreign or security policies of general interest within the Community in order to define a common position to be applied by the Partner States;

when the provisions of paragraphs 2, 3 and 4 of this Article shall become operative and shall prescribe in detail how the provisions of this Article shall be implemented

the Council to undertake the process

the Council Article 124 - Regional peace and security

In this regard, the Partner States agree to foster and maintain an atmosphere that is conducive to peace and security through co-operation and consultations on issues pertaining to peace and security of the Partner States with a view to prevention, better management and resolution of disputes and conflicts between them

and maintain good neighbourliness as a basis for promoting peace and security within the Community

in this area

common mechanisms for the management of refugees

the Partner States undertake to adopt the following measures for maintaining and promoting security in their territories to (a) enhance the exchange of criminal intelligence and other security information between the Partner States' central criminal intelligence information centres;

on the threat of terrorism and formulate security measures to combat terrorism Article 125 - Defence

of the objectives of the Community as set out in Article 5 of this Treaty particularly with respect to the promotion of peace, security and stability within, and good neighbourliness among the Partner States, and in accordance with Article 124 of this Treaty, the Partner States agree to closely co-operate in defence affairs

this Article, the Partner States agree to establish a framework for co- operation Chapter twenty four Legal and judicial affairs

Article 126 - Scope of co-operation

of the objectives of the Community as set out in Article 5 of this Treaty, the Partner States shall take steps to harmonise their legal training and certification; and shall encourage the standardisation of the judgments of courts within the Community

this Article, the Partner States shall through their appropriate national institutions take all necessary steps to (a) establish a common syllabus for the training of lawyers and a common standard to be attained in examinations in order to qualify and to be licensed to practice as an advocate in their respective superior courts;

the Council may determine Chapter twenty five The private sector and the civil society

Article 127 - Creation of an enabling environment for the private sector and the civil society

the Partner States undertake to formulate a strategy for the development of the private sector and to (a) promote a continuous dialogue with the private sector and civil society at the national level and at that of the Community to help create an improved business environment for the implementation of agreed decisions in all economic sectors; and

this Article, the Partner States undertake to (a) improve the business environment through the promotion of conducive investment codes, the protection of property rights and other rights and the proper regulation of the private sector;

enabling environment for the participation of civil society in the development activities within the Community

forum for consultations between the private sector, civil society organisations, other interest groups and appropriate institutions of the Community Article 128 - Strengthening the private sector

adopt programmes that would strengthen and promote the role of the private sector as an effective force for the development of their respective economies

this Article, the Partner States undertake to (a) encourage the efficient use of scarce resources and to promote the development of private sector organisations which are engaged in all types of economic activity, such as, the chambers of commerce and industry, confederations and associations of industry, agriculture, manufacturers, farmers, traders, and service providers and professional groups;

the Council may determine Article 129 - Co-operation among business organisations and professional bodies

the Partner States agree to (a) support joint activities which will promote trade and investment among the Partner States;

would enable the business organisations or associations, professional bodies and the civil society in the Partner States to contribute effectively to the development of the Community

and business related dispute settlement mechanism Chapter twenty six Relations with other regional and international organisations and development partners

Article 130 - International organisations and development partners

commitments in respect of other multinational and international organisations of which they are members

for a wider unity of Africa and regard the Community as a step towards the achievement of the objectives of the Treaty Establishing the African Economic Community

on the objectives of the Community

importance to co-operation with the Organisation of African Unity, United Nations Organisation and its agencies, and other international organisations, bilateral and multi- lateral development partners interested in the objectives of the Community Chapter twenty seven Co-operation in other fields

Article 131 - Other fields

1 Subject to the provisions of this Treaty, the Partner States undertake to consult with one another through the appropriate institutions of the Community for the purpose of harmonising their respective policies in such other fields as they may, from time to time, consider necessary or desirable for the efficient and harmonious functioning and development of the Community and the implementation of the provisions of this Treaty.

2 For purposes of paragraph 1 of this Article, the Partner States may take in common such other steps as are calculated to further the objectives of the Community and the implementation of the provisions of this Treaty.

Chapter twenty eight Financial provisions

Article 132 - Budget

1 There shall be a budget for the organs and institutions of the Community, save for the self accounting institutions.

the Secretary General for consideration by the Council and approval by the Assembly

the Council and shall be met from the budget

any other sources as may be determined by the Council

on the recommendation of the Council

Community shall be kept and maintained in United States dollars

shall run from 1st July to 30th June Article 133 - Other resources Other resources of the Community shall include such extra budgetary resources as:

Article 134 - Audit of accounts

made up of the Auditors General of the Partner States whose functions will be to audit the accounts of the Community

the Audit Commission to verify that any contributions received or revenue collected by the Community have been allocated and distributed in accordance with this Treaty and to include a certificate to that effect in its report

the Council which shall cause the same to be laid before the Assembly within six months of receipt for debate and for such other consultations and action as the Assembly may deem necessary

subject to the direction or control of any person or authority Article 135 - Financial rules and regulations

and regulations of the Community

the provisions of their respective enabling legislation Chapter twenty nine General, transitional and final provisions

Article 136 - Headquarters and other offices of the Community

be in Arusha in the United Republic of Tanzania

the Council may determine Article 137 - Official language

lingua franca of the Community Article 138 - Status, privileges and immunities

the Governments of the Partner States in whose territory the headquarters or offices of the Community shall be situated, agreements relating to the privileges and immunities to be recognised and granted in connection with the Community

to accord to the Community and its officers the privileges and immunities accorded to similar international organisations in its territory Article 139 - Dissolution of the permanent Tripartite Commission and its Secretariat Upon 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

the Secretary General, Deputy Secretaries General, Counsel to the Community and other staff of the Community respectively and shall be deemed to have been appointed thereto under the provisions of Articles 67, 68, 69 and 70 of this Treaty respectively Provided that the Executive Secretary and the Deputy Executive Secretaries shall serve for the remaining period of their current contractual terms.

the Council adopts its procedure, the procedure that applies to the Tripartite Commission shall apply to the Council

staff rules and regulations and terms and conditions of service and financial rules and regulations, those of the Secretariat of the Tripartite Commission shall apply

the Council determines that the Court is fully operational, a Judge appointed under Article 24 of this Treaty shall serve on an ad hoc basis. Notwithstanding the provisions of paragraph 5 of Article 25 of this Treaty, the salary and other terms and conditions of service of a Judge serving on an ad hoc basis shall be determined by the Summit on the recommendation of the Council.

on the activities of the Community and annual audit reports of the Audit Commission, shall be performed by the Council

the Council may make regulations, issue directives, take decisions, make recommendations and give opinions in accordance with the provisions of this Treaty

for the purpose of the preferential treatment of goods traded among them and originating in the Partner States Article 141 - Transfer of assets and liabilities

there shall be transferred to and vested in the Community by virtue of this Article and without further assurance, all the assets and liabilities of the Secretariat of the Tripartite Commission and from that day, the Community shall, in respect of the assets and liabilities so transferred and vested in it, have all the rights, and be subject to all the liabilities, which the Secretariat of the Tripartite Commission had, or is subject to, immediately before that day

behalf of the Secretariat of the Tripartite Commission in writing and whether or not of such a nature that rights and liabilities thereunder can be assigned by the Secretariat of the Tripartite Commission, shall have effect as if made by or, on behalf of the Community and as if references therein to the Secretariat of the Tripartite Commission or any officer or authority thereof, were references to the Community and to the corresponding officer or authority thereof

on the appointed day, shall be continued by or against the Community

Tripartite Commission, in any law or document shall on and after the appointed day, be construed as references to the Community Article 142 - Saving provisions

the provisions of this Treaty, the operation of the following tripartite agreements after the coming into force of this Treaty shall not be affected by such coming into force, but the agreements shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Treaty (a) Agreement for the Establishment of The Permanent Tripartite Commission for Co-operation Between the Republic of Uganda, the Republic of Kenya and the United Republic of Tanzania;

in terms of Article 139 of this Treaty shall not affect the decisions of the Tripartite Commission but such decisions shall be construed and implemented with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Treaty Article 143 - Sanctions A 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 Treaty This Treaty shall have perpetual duration.

Article 145 - Withdrawal of a member

1 A Partner State may withdraw from the Community provided:

from the Community shall, during the period of twelve months referred to in paragraph 1 of this Article, continue to be liable to discharge her obligations under the Treaty

by such State, upon expiry of the notice that State shall remain liable to discharge all subsisting obligations and long term commitments incurred during membership Article 146 - Suspension of a member

if that State fails to observe and fulfil the fundamental principles and objectives of the Treaty including failure to meet financial commitments to the Community within a period of eighteen (18) months

with paragraph 1 of this Article, shall cease to enjoy the benefits provided for under this Treaty but shall continue to be bound by membership obligations until the suspension is lifted Article 147 - Expulsion of a member

State from the Community for gross and persistent violation of the principles and objectives of this Treaty after giving such Partner State twelve months' written notice

specified in paragraph 1 of this Article, the Partner State concerned shall cease to be a member of the Community unless the notice is cancelled

the provisions of this Treaty and be liable to discharge all subsisting obligations and long-term commitments incurred during membership Article 148 - Exceptions to the rule of consensus Notwithstanding 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

is expelled in accordance with Articles 145 and 147 respectively of this Treaty the property of the Community in that Partner State's territory shall remain vested in the Community

be a Partner State of the Community shall have no claim to or any rights over any property and assets of the Community

notwithstanding withdrawal or expulsion of any Partner State Article 150 - Amendment of the Treaty

any time by agreement of all the Partner States

the Council may submit proposals for the amendment of this Treaty

the Secretary General in writing who shall, within thirty days (30) of its receipt, communicate the proposed amendment to the Partner States

on the proposals shall do so within ninety days (90) from the date of the dispatch of the proposal by the Secretary General

the Secretary General shall submit the proposals and any comments thereon received from the Partner States to the Summit through the Council

be adopted by the Summit and shall enter into force when ratified by all the Partner States Article 151 - Annexes and Protocols to the Treaty

Protocols as may be necessary in each area of co-operation which shall spell out the objectives and scope of, and institutional mechanisms for co-operation and integration

on the recommendation of the Council

subject to signature and ratification by the parties hereto

Treaty shall form an integral part of this Treaty Article 152 - Entry into force This 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

the Secretary General who shall transmit certified true copies thereof to all the Partner States

the Council may determine