Treaty Established

TREATY ESTABLISHING THE EAST AFRICAN COMMUNITY

PREAMBLE

WHEREAS the Republic of Kenya, the Republic of Uganda and the United Republic of Tanzania have enjoyed close historical, commercial, industrial, cultural and other ties for many years.

AND WHEREAS formal economic and social integration in the East African region commenced with, among other things, the construction of the Kenya-Uganda Railway (1897–1901), the establishment of the Customs Collection Centre (1900), the East African Currency Board (1905), the Postal Union (1905), the Court of Appeal for Eastern Africa (1909), the Customs Union (1919), the East African Governors Conference (1926), the East African Income Tax Board (1940) and the Joint Economic Council (1940).

AND WHEREAS provision was made by the East Africa (High Commission) Orders in Council (1947–1961), the East African Common Services Organisation Agreements (1961–1966), and the Treaty for East African Co-operation (1967) for the establishment of the East Africa High Commission, the East African Common Services Organisation and the East African Community respectively. These were successive joint organisations of the said countries to control and administer matters of common interest and to regulate commercial and industrial relations and transactions between them, including the enactment of relevant laws through a central legislature.

AND WHEREAS in 1977 the Treaty for East African Co-operation establishing the East African Community was officially dissolved. The main reasons for the collapse included lack of strong political will, inadequate participation of the private sector and civil society in co-operation activities, unequal sharing of benefits among Partner States due to different levels of development, and the absence of adequate policies to address these challenges.

AND WHEREAS upon the dissolution of the East African Community, the said countries signed the East African Community Mediation Agreement on the 14th day of May 1984 at Arusha, Tanzania. This Agreement, referred to as “the Mediation Agreement”, provided for the division of assets and liabilities of the former East African Community.

AND WHEREAS pursuant to Article 14.02 of the Mediation Agreement, the countries agreed to explore and identify areas for future co-operation and to make arrangements accordingly.

AND WHEREAS on the 30th day of November 1993, the Agreement for the Establishment of a Permanent Tripartite Commission for Co-operation was signed between the Republic of Kenya, the Republic of Uganda and the United Republic of Tanzania. This established the Permanent Tripartite Commission for Co-operation, hereinafter referred to as “the Tripartite Commission”, responsible for coordinating economic, social, cultural, security and political matters. A Declaration was also made by the Heads of State to promote closer East African co-operation.

AND WHEREAS on the 26th day of November 1994, a Protocol was signed to establish a Secretariat for the Permanent Tripartite Commission. This Secretariat was to support and facilitate the work of the Commission.

AND WHEREAS on the 29th day of April 1997 at Arusha, Tanzania, the Heads of State of the three countries, having reviewed the progress made by the Tripartite Commission in promoting co-operation in fiscal, monetary, immigration, infrastructure and services sectors, approved the East African Co-operation Development Strategy for the period 1997 to 2000. They directed the Tripartite Commission to begin negotiations to transform the Agreement into a Treaty.

AND WHEREAS the said countries, aiming to strengthen their co-operation, are committed to the fundamental and operational principles guiding the objectives set out in this Treaty and to international law governing relations between sovereign states.

AND WHEREAS the said countries, aiming to achieve fast and balanced regional development, are committed to creating enabling environments in all Partner States to attract investment and empower the private sector and civil society to lead socio-economic development. This will be done through sound macroeconomic and sectoral policies and efficient management, while taking into account global economic developments including the Marrakesh Agreement Establishing the World Trade Organization (1995), referred to as “the WTO Agreement,” and future decisions by the Partner States, including the development of technological capacity for improved productivity.

AND WHEREAS the said countries desire to promote a greater awareness of the shared interests of their people.

AND WHEREAS the said countries are resolved to work together to achieve the stated objectives.

NOW THEREFORE the Republic of Kenya, the Republic of Uganda and the United Republic of Tanzania are determined to strengthen their economic, social, cultural, political, technological and other ties. They aim to achieve fast, balanced and sustainable development through the establishment of an East African Community. This shall include an East African Customs Union and a Common Market as transitional stages, followed by a Monetary Union and ultimately a Political Federation.

CONVINCED that co-operation at sub-regional and regional levels in all fields of human endeavour will raise the standard of living of African peoples, maintain and enhance economic stability, foster close and peaceful relations among African states and accelerate the establishment of the African Economic Community and Political Union.