EAST AFRICAN COMMUNITY TREATY (1999)

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 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 Cooperation 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 Kenya, the Republic of Uganda and the United Republic of Tanzania for the establishment of the Permanent Tripartite Commission for Co-operation hereinafter referred to as "the Tripartite Commission" to be responsible for the coordination 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 Kenya, the Republic of Uganda and the United Republic of Tanzania, for the establishment of the Secretariat of the Permanent Tripartite Commission for Co-operation Between the Republic of Kenya, the Republic of Uganda 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 Cooperation Development Strategy for the period 1997 - 2000, directed the Tripartite Commission to embark on negotiations for the upgrading of the Agreement establishing the Tripartite Commission into a Treaty;

AND WHEREAS the said countries, with a view to strengthening their co-operation are resolved to adhere themselves to the fundamental and operational principles that shall govern the achievement of the objectives set out herein and to the principles of international law governing relationships between sovereign states;

AND WHEREAS the said countries, with a view to realising a fast and balanced regional development are resolved to creating an enabling environment in all the Partner States in order to attract investments and allow the private sector and civil society to play a leading role in the socio-economic development activities through the development of sound macro-economic and sectoral policies and their efficient management while taking cognisance of the developments in the world economy as contained in the Marrakesh Agreement Establishing the World Trade Organisation, 1995 referred to “as the WTO Agreement” and as may be decided by the Partner States, the development of technological capacity for improved productivity;

AND WHEREAS the said countries desire to foster and to promote greater awareness of the shared interests of their people;

AND WHEREAS the said countries are resolved to act in concert to achieve the objectives set out hereinbefore;

NOW THEREFORE the Republic of Kenya, the Republic of Uganda 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

1.       In this Treaty, except where the context otherwise requires -

"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 Kenya, the Republic of Uganda 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 thereunder 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 judgements of the former Court of Appeal for East Africa and the High Courts of Kenya, Tanzania and Uganda;

"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 State’s 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 standardising 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 organising 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 any 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 Kenya, the Republic of Uganda 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 sub-group 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 the 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 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 African 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 electromagnetic 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;

2.       In this Treaty, a reference to 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

1.       By this Treaty the Contracting Parties establish among themselves an East African Community hereinafter referred to as “the Community”.

2.       In furtherance of 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

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

2.       The Partner States may, upon such 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.

3.       Subject to paragraph 4 of this 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;

(b)     adherence to universally acceptable principles of good governance, democracy, the rule of law, observance of human rights and social justice;

(c)     potential contribution to the strengthening of integration within the East African region;

(d)     geographical proximity to and inter-dependence between it and the Partner States;

(e)     establishment and maintenance of a market driven economy; and

(f)      social and economic policies being compatible with those of the Community.

4.       The conditions and other considerations that shall govern the membership or association of a foreign country with the Community or its participation in any of the activities of the Community shall be as those prescribed in this Article.

5.       The granting of observer status with respect to the Community shall:

(a)     in case of a foreign country, be the prerogative of the Summit; and

(b)     in case of an inter-governmental organization or civil society organisation, be the prerogative of the Council.

6.       The procedure to be followed with respect to the foregoing provisions of this Article shall be prescribed by the Council.

Article 4: LEGAL CAPACITY OF THE COMMUNITY

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

2.       The Community shall have power to 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.

3.       The Community shall, as a body corporate, be represented by the Secretary General.

Article 5: OBJECTIVES OF THE COMMUNITY

1.       The objectives of the Community shall be to develop policies and programmes aimed at widening and deepening cooperation 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.

2.       In pursuance of 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.

3.       For purposes set out in paragraph 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;

(b)     the strengthening and consolidation of co-operation in agreed fields that would lead to equitable economic development within the Partner States and which would in turn, raise the standard of living and improve the quality of life of their populations;

(c)     the promotion of sustainable utilisation of the natural resources of the Partner States and the taking of measures that would effectively protect the natural environment of the Partner States;

(d)     the strengthening and consolidation of the long standing political, economic, social, cultural and traditional ties and associations between the peoples of the Partner States so as to promote a peoplecentred mutual development of these ties and associations;

(e)     the mainstreaming of gender in all its endeavours and the enhancement of the role of women in cultural, social, political, economic and technological development;

(f)      the promotion of peace, security, and stability within, and good neighbourliness among, the Partner States;

(g)     the enhancement and strengthening of partnerships with the private sector and civil society in order to achieve sustainable socio-economic and political development; and

(h)     the undertaking of such other activities calculated to further the objectives of the Community, as the Partner States may from time to time decide to undertake in common.

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:

(a)     mutual trust, political will and sovereign equality;

(b)     peaceful co-existence and good neighbourliness;

(c)     peaceful settlement of disputes;

(d)     good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights;

(e)     equitable distribution of benefits; and (f) co-operation for mutual benefit.

Article 7: OPERATIONAL PRINCIPLES OF THE COMMUNITY

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

(a)     people-centred and market-driven co-operation;

(b)     the provision by the Partner States of an adequate and appropriate enabling environment, such as conducive policies and basic infrastructure;

(c)     the establishment of an export oriented economy for the Partner States in which there shall be free movement of goods, persons, labour, services, capital, information and technology;

(d)     the principle of subsidiarity with emphasis on multilevel participation and the involvement of a wide range of stake- holders in the process of integration;

(e)     the principle of variable geometry which allows for progression in co-operation among groups within the Community for wider integration schemes in various fields and at different speeds;

(f)      the equitable distribution of benefits accruing or to be derived from the operations of the Community and measures to address economic imbalances that may arise from such operations;

(g)     the principle of complementarity; and

(h)     the principle of asymmetry.

2.       The Partner States undertake to abide 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

1.       The Partner States shall:

(a)     plan and direct their policies and resources with a view to creating conditions favourable for the development and achievement of the objectives of the Community and the implementation of the provisions of this Treaty;

(b)     co-ordinate, through the institutions of the Community, their economic and other policies to the extent necessary to achieve the objectives of the Community; and

(c)     abstain from any measures likely to jeopardise the achievement of those objectives or the implementation of the provisions of this Treaty.

2.       Each Partner State shall, within twelve 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

(b)     to confer upon the legislation, regulations and directives of the Community and its institutions as provided for in this Treaty, the force of law within its territory.

3.       Each Partner State shall -

(a)     designate a Ministry with which the Secretary General may communicate in connection with any matter arising out of the implementation or the application of this Treaty, and shall notify the Secretary General of that designation;

(b)     transmit to the Secretary General copies of all relevant existing and proposed legislation and its official gazettes; and

(c)     where it is required under this Treaty, to supply to or exchange with another Partner State any information, send copies of such information to the Secretary General.

4.       Community organs, institutions and laws shall take precedence over similar national ones on matters pertaining to the implementation of this Treaty.

5.       In pursuance of 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

1.       There are hereby established as organs of the Community:

(a)     the Summit;

(b)     the Council;

(c)     the Co-ordination Committee;

(d)     Sectoral Committees;

(e)     the East African Court of Justice;

(f)      the East African Legislative Assembly;

(g)     the Secretariat; and

(h)     such other organs as may be established by the Summit.

2.       The institutions of the Community shall be such bodies, departments and services as may be established by the Summit.

3.       Upon the entry into force of 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.

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

5.       In the appointment of staff and 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

1.       The Summit shall consist of the Heads of State or Government of the Partner States.

2.       If a member of the Summit is unable to attend a meeting of the Summit and 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 that person is acting.

Article 11: FUNCTIONS OF THE SUMMIT

1.       The Summit shall give general directions and impetus as to the development and achievement of the objectives of the Community.

2.       The Summit shall consider the annual progress reports and such other reports submitted to it by the Council as provided for by this Treaty.

3.       The Summit shall review the state of peace, security and good governance within the Community and the progress achieved towards the establishment of a Political Federation of the Partner States.

4.       The Summit shall have such other functions as may be conferred upon it by this Treaty.

5.       Subject to this Treaty, the Summit may delegate the exercise of any of its functions, 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.

6.       An Act of the Community may provide for the delegation of any powers, including legislative powers, conferred on the  Summit by this Treaty or by any Act of the Community, to the Council or to the Secretary General.

7.       Subject to 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.

8.       The Summit shall cause all rules 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.

9.       The delegation of powers and functions referred to in paragraphs 5 and 6 of this Article, shall not include:

(a)     the giving of general directions and impetus;

(b)     the appointment of Judges to the East African Court of Justice;

(c)     the admission of new Members and granting of Observer Status to foreign countries; and

(d)     assent to Bills.

Article 12: MEETINGS OF THE SUMMIT

1.       The Summit shall meet at least once in every year and may hold extraordinary meetings at the request of any member of the Summit.

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

3.       The decisions of the Summit shall be by consensus.

4.       The Summit shall discuss business submitted to it by the Council and any other matter which may have a bearing on the Community.

5.       Subject to 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

1.       The Council shall be the policy organ of the Community.

2.       The Council shall promote, monitor and 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.

3.       For purposes of paragraph 1 of this Article, the Council shall:

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

(b)     initiate and submit Bills to the Assembly;

(c)     subject to this Treaty, give directions to the Partner States and to all other organs and institutions of the Community other than the Summit, Court and the Assembly;

(d)     make regulations, issue directives, take decisions, make recommendations and give opinions in accordance with the provisions of this Treaty;

(e)     consider the budget of the Community;

(f)      consider measures that should be taken by Partner States in order to promote the attainment of the objectives of the Community;

(g)     make staff rules and regulations and financial rules and regulations of the Community;

(h)     submit annual progress reports to the Summit and prepare the agenda for the meetings of the Summit;

(i)      establish from among its members, Sectoral Councils to deal with such matters that arise under this Treaty as the Council may delegate or assign to them and the decisions of such Sectoral Councils shall be deemed to be decisions of the Council;

(j)      establish the Sectoral Committees provided for under this Treaty;

(k)     implement the decisions and directives of the Summit as may be addressed to it;

(l)      endeavour to resolve matters that may be referred to it; and

(m)    exercise such other powers and perform such other functions as are vested in or conferred on it by this Treaty.

4.       The Council may request advisory opinions from the Court in accordance with this Treaty.

5.       The Council shall cause all regulations and directives made or given by it under this Treaty to be published in the Gazette; and such regulations or directives shall come into force on the date of publication unless otherwise provided therein.

Article 15: MEETINGS OF THE COUNCIL

1.       The Council shall meet twice in each year, one meeting of which shall be held immediately preceding a meeting of the  Summit. Extraordinary meetings of the Council may be held at the request of a Partner State or the Chairperson of the Council.

2.       The Council 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 its members who are Ministers responsible for regional co-operation in the Partner States.

3.       A member of 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.

4.       Subject to a protocol on decision-making, the decisions of the Council shall be by consensus.

5.       The protocol referred to in paragraph 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

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:

(a)     shall submit from time to time, reports and recommendations to the Council either on its own initiative or upon the request of the Council, on the implementation of this Treaty;

(b)     shall implement the decisions of the Council as the Council may direct;

(c)     shall receive and consider reports of the Sectoral Committees and co-ordinate their activities;

(d)     may request a Sectoral Committee to investigate any particular matter; and

(e)     shall have such other functions as are conferred upon it by this Treaty.

Article 19: MEETINGS OF THE CO-ORDINATION COMMITTEE

1.       Subject to any directions which may be given by the Council, the Co-ordination 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.

2.       The Co-ordination Committee 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 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:

(a)     be responsible for the preparation of a comprehensive implementation programme and the setting out of priorities with respect to its sector;

(b)     monitor and keep under constant review the implementation of the programmes of the Community with respect to its sector;

(c)     submit from time to time, reports and recommendations to the Co-ordination Committee either on its own initiative or upon the request of the Co-ordination Committee concerning the implementation of the provisions of this Treaty that affect its sector; and

(d)     have such other functions as may be conferred on it by or under this Treaty.

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

1.       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.

2.       The number of Judges of the Court shall be a maximum of six: 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.

3.       The Judges whose terms are to 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.

4.       There shall be a President and a Vice-President of 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.

5.       The office of President of the Court shall be held in rotation after the completion of any one term.

6.       The President of 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

1.       Subject to paragraph 2 of Article 24, a Judge appointed under paragraph 1 of Article 24 of this Treaty, shall hold office for a maximum period of seven years.

2.       A Judge shall hold office for 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.

3.       Where the term of office of a Judge comes to an end by effluxion of time or on resignation before a decision or opinion of 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.

4.       A Judge may, at any time, resign his or her office by giving three months' written notice to the Chairman of the Summit through the Secretary General.

5.       The salary and other terms and conditions of service of a Judge not provided for 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

1.       The President of 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.

2.       Notwithstanding 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.

3.       The tribunal appointed under paragraph 2 of this Article shall consist of three eminent Judges drawn from within the Commonwealth of Nations.

4.       At any time 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 that office, those functions shall be performed by the Vice President of the Court.

5.       The procedure for filling other vacancies in the Court shall be prescribed in rules of the Court.

6.       If a Judge is directly or indirectly interested in a case before 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.

7.       If 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