East African Community Treaty (1999)
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(g) agree to provide space without discrimination on board vessels registered in their territories for goods consigned to and from their territories;

(h) wherever possible, promote co-operation among themselves by undertaking joint ventures in inland waterways transport including the establishment of joint shipping services;

(i) co-ordinate measures with respect to, and co-operate in the maintenance of, safety in inland waterways transport services including the provision and maintenance of communication equipment to receive distress positions promptly and joint search and rescue operations;

(j) facilitate the deployment of inland waterways vessels and equipment for efficient conveyance of all classes of traffic to and from each Partner State;

(k) integrate efforts to control and eradicate the water hyacinth menace and its effects on inland waterways transport;

(l) facilitate joint studies in the use and management of inland waterways;

(m) provide regional training and research facilities for the promotion and development of marine operations and meteorology;

(n) undertake joint surveying, mapping and production of navigational charts and provision of navigational aids;

(o) facilitate provision of adequate meteorological equipment, communication and safety facilities to vessels plying the lakes within the Partner States;

(p) jointly tackle issues on inland water pollution with a view to achieving effective monitoring and control thereof;

(q) jointly explore utilisation of unexploited inland waterways transport resources and tackle matters related to shipping and port services; and

(r) harmonise national policies on inland waterways transport.

Article 95. Multimodal Transport

The Partner States shall:

(a) harmonise and simplify regulations, goods classification, procedures and documents required for multimodal transport within the Community;

(b) apply uniform rules and regulations with respect to the packaging, marking and loading of goods;

(c) provide where feasible, technical and other facilities for direct trans-shipment of goods at main trans-shipment points including intermodal cargo exchange points, inland clearance depots, dry ports or inland container depots;

(d) agree to allocate multimodal transport facilities for goods consigned to or from the Partner States;

(e) take measures to ratify or accede to international conventions on multimodal transport and containerisation and take such steps as may be necessary to implement them; and

(f) promote communication and information exchange to enhance the efficiency of multimodal transport.

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

1. The Partner States shall harmonise the requirements for registration and licensing of freight forwarders, customs clearing agents and shipping agents.

2. The Partner States shall allow any person to register, and be licensed, as a freight forwarder, customs clearing agent and shipping agent, provided that, that person fulfills the legal and customs requirements of that Partner State.

3. The Partner States shall not restrict 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:

(a) strengthening of postal sorting, routing, transit and distribution centres within the Community;

(b) pooling financial, technical and human resources to modernise, mechanise and automate mail and postal financial services so as to provide timely and efficient services to postal users or customers and, further introduce value-added postal services thus turning postal outlets one-shop for communication services;

(c) adopting competitive marketing strategies to increase market shares in the international courier services and further introduce on-line track and trace system Electronic Data Inter-Change (EDI) for customer information and expedited inquiry handling systems;

(d) conducting joint market research activities with a view to launching new postal products or services;

(e) introducing appropriate postal security systems and procedures in the postal networks; and

(f) co-operating in the development and design of relevant human resources training and development programmes.

Article 99. Telecommunications

The Partner States shall;

(a) adopt common telecommunications policies to be developed within the Community in collaboration with other relevant international organisations including the Pan-African Telecommunications Union (PATU), International Telecommunications Union (ITU), Regional African Satellite Communication (RASCOM), International Telecommunication Satellite Organisation (INTELSAT), International Maritime Satellite Organisation (INMARSAT), Commonwealth Telecommmunications Organisation (CTO) and other related organisations;

(b) improve and maintain inter-connectivity and modernize equipment to meet the common standards required for efficient telecommunications traffic within the Community;

(c) harmonise and apply non-discriminatory tariffs among themselves and where possible, agree on preferential tariff treatment applicable within the Community;

(d) co-operate and co-ordinate their activities in the maintenance of telecommunications facilities including training and the exchange of manpower;

(e) encourage co-operation in local manufacturing of info-telecommunication equipment, research and development;

(f) facilitate a conducive environment to promote private sector investors in the info-telecommunication equipment within the;Community; and

(g) adopt a common frequency management and monitoring scheme, assign mutually agreed upon frequencies for cross-border mobile radio communications and issue operating licences agreed upon by the Partner States.

Article 100. Meteorological Services

1. Each Partner State shall collect and 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;

(b) Training and research in meteorology, by using common facilities such as the Regional Meteorology Training Centre (RMTC), Drought Monitoring Centre (DMC) and other similar institutions;

(c) Provision of meteorological services which would include the exchange of observations and products for safety of air navigation, coastal shipping, inland waterways and transport as well as meteorological support to key sectors of the economy which include agriculture, water resources, tourism and construction;

(d) Support to early warning systems and remote sensing for food security;

(e) Meteorological support to environment management;

(f) Harmonisation of policies for the provision of meteorological services;

(g) Co-operation in human resources development and information exchange; and

(h) Climate analysis and seasonal forecast.

2. The Partner States shall co-operate and support each other in all activities of the World Meteorological Organisation (WMO) affecting the interests of the Community especially the monitoring of the atmospheric and climatic changes on the planet.

3. The Partner States shall exchange information and expertise concerning new developments in meteorological science and technology including the calibration and comparison of instruments.

Article 101. Energy

1. The Partner States shall adopt policies 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:

(a) the least cost development and transmission of electric power, efficient exploration and exploitation of fossil fuels and utilisation of new and renewable energy sources;

(b) the joint planning, training and research in, and the exchange of information on the exploration, exploitation, development and utilisation of available energy resources;

(c) the development of integrated policy on rural electrification;

(d) the development of inter-Partner State electrical grid interconnections;

(e) the construction of oil and gas pipelines; and

(f) all such other measures to supply affordable energy to their people taking cognisance of the protection of the environment as provided for by this Treaty.

Chapter Sixteen. Co-operation In the Development of Human Resources, Science and Technology

Article 102. Education and Training

1. In order to promote the achievement 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.

2. The Partner States shall, with respect to education and training:

(a) co-ordinate their human resources development policies and programmes;

(b) strengthen existing and where necessary establish new common research and training institutions;

(c) co-operate in industrial training;

(d) develop such common programmes in basic, intermediary and tertiary education and a general programme for adult and continuing education in the Partner States as would promote the emergence of well trained personnel in all sectors relevant to the aims and objectives of the Community;

(e) harmonise curricula, examination, certification and accreditation of education and training institutions in the Partner States through the joint action of their relevant national bodies charged with the preparation of such curricula;

(f) revive and enhance the activities of the Inter-University Council for East Africa;

(g) encourage and support the mobility of students and teachers within the Community;

(h) exchange information and experience on issues common to the educational systems of the Partner States;

(i) collaborate in putting in place education and training programmes for people with special needs and other disadvantaged groups;

(j) encourage and support the participation of the private sector in the development of human resources through education and training; and

(k) identify and develop centres of excellence in the region including universities.

3. For the purposes of paragraph 1 of this Article, the Partner States shall undertake such additional activities in respect of the development of human resources as the Council may determine.

Article 103. Science and Technology

1. Recognising the fundamental importance of science and technology in economic development, the Partner States undertake to promote co-operation 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;

(b) the creation of a conducive environment for the promotion of science and technology within the Community;

(c) the encouragement of the use and development of indigenous science and technologies;

(d) the mobilisation of technical and financial support from local and foreign sources and from international organisations or agencies for the development of science and technology in the Community;

(e) the exchange of scientific information, personnel and the promotion and publication of research and scientific findings;

(f) the collaboration in the training of personnel in the various scientific and technological disciplines at all levels using existing institutions and newly established ones;

(g) the promotion, development and application of information technology and other new ones throughout the Community;

(h) establishment of common ethical guidelines for research; and

(i) the harmonisation of policies on commercialisation of technologies and promotion and protection of intellectual property rights.

2. For purposes of paragraph 1 of this Article, the Partner States shall undertake such additional activities with regard to science and technology as the Council may determine.

Chapter Seventeen. Free Movement of Persons, Labour, Services, Right of Establishment and Residence

Article 104. Scope of Co-operation

1. The Partner States agree to adopt 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.

2. For purposes of paragraph 1 of this Article, the Partner States agree to conclude a Protocol on the Free Movement of Persons, Labour, Services and Right of Establishment and Residence at a time to be determined by the Council.

3. The Partner States shall as may be determined by the Council:

(a) ease border crossing by citizens of the Partner States;

(b) maintain common standard travel documents for their citizens;

(c) effect reciprocal opening of border posts and keep the posts opened and manned for twenty four hours;

(d) maintain common employment policies;

(e) harmonise their labour policies, programmes and legislation including those on occupational health and safety;

(f) establish a regional centre for productivity and employment promotion and exchange information on the availability of employment;

(g) make their training facilities available to persons from other Partner States; and

(h) enhance the activities of the employers' and workers' organisations with a view to strengthening them.

4. The Partner States undertake to co-operate 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

1. The overall objectives of co-operation in 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;

(b) food sufficiency within the Community;

(c) an increase in the production of crops, livestock, fisheries and forest products for domestic consumption, exports within and outside the Community and as inputs to agro-based industries within the Community; and

(d) post harvest preservation and conservation and improved food processing.

2. For purposes of paragraph 1 of this Article, the Partner States undertake to co-operate in specific fields of agriculture, including:

(a) the harmonisation of agricultural policies of the Partner States;

(b) the development of food security within the Partner States and the Community as a whole, through the production and supply of foodstuffs;

(c) agro-meteorology and climatology to promote the development of early climatological warning systems within the Community;

(d) the development and application of agricultural training and research and extension services;

(e) the adoption of internationally accepted quality standards for food processing;

(f) the establishment of joint programmes for the control of animal and plant diseases and pests;

(g) the marketing of food and the co-ordination of the export and import of agricultural commodities;

(h) joint actions in combating drought and desertification ; and

(i) in such other fields of agriculture as the Council may determine.

Article 106. Seed Multiplication and Distribution

The Partner States shall:

(a) strengthen co-operation in quality seed development and production through research and plant breeding;

(b) support co-operation in the establishment of gene banks;

(c) enhance capacity in seed technology;

(d) initiate and maintain strategic seed reserves;

(e) harmonise quarantine policies, legislation and regulations to ease trade in seeds; and

(f) create an enabling environment for private sector seed multiplication and distribution.

Article 107. Livestock Multiplication and Distribution

The Partner States shall:

(a) develop mechanism for co-operation in livestock breeding, including artificial insemination institutions and livestock breeding centres;

(b) encourage and facilitate exchange of genetic material to widen the base of livestock development;

(c) encourage private sector participation in livestock multiplication and distribution;

(d) develop common regulatory framework in livestock multiplication, trade in semen, embryos, breeding stock, drugs and vaccines; and

(e) harmonise quarantine regulations in artificial insemination and livestock breeding centres.

Article 108. Plant and Animal Diseases Control

The Partner States shall:

(a) harmonise policies, legislation and regulations for enforcement of pests and disease control;

(b) harmonise and strengthen regulatory institutions;

(c) harmonise and strengthen zoo–sanitary and phyto-sanitary services inspection and certification;

(d) establish regional zoo–sanitary and phyto-sanitary laboratories to deal with diagnosis and identification of pests and diseases;

(e) adopt common mechanism to ensure safety, efficacy and potency of agricultural inputs including chemicals, drugs and vaccines; and

(f) co-operate in surveillance, diagnosis and control strategies of trans-boundary pests and animal diseases.

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:

(a) co-operate in formulating and implementing national and Community irrigation programmes;

(b) co-operate in developing and preserving traditional irrigation systems;

  • Chapter   One Interpretation 1
  • Article   1 Interpretation 1
  • Chapter   Two Establishment and Principles of the Community 1
  • Article   2 Establishment of the Community 1
  • Article   3 Membership of the Community 1
  • Article   4 Legal Capacity of the Community 1
  • Article   5 Objectives of the Community 1
  • Article   6 Fundamental Principles of the Community 1
  • Article   7 Operational Principles of the Community 1
  • Article   8 General Undertaking as to Implementation 2
  • Chapter   Three Establishment of the Organs and Institutions of the Community 2
  • Article   9 Establishment of the Organs and Institutions of the Community 2
  • Chapter   Four The Summit 2
  • Article   10 Membership of the Summit 2
  • Article   11 Functions of the Summit 2
  • Article   12 Meetings of the Summit 2
  • Chapter   Five The Council 2
  • Article   13 Membership of the Council 2
  • Article   14 Functions of the Council 2
  • Article   15 Meetings of the Council 2
  • Article   16 Effects of Regulations, Directives, Decisions and Recommendations of the Council 2
  • Chapter   Six The Co-ordination Committee 2
  • Article   17 Composition of the Co-ordination Committee 2
  • Article   18 Functions of the Co-ordination Committee the Co-ordination Committee: 2
  • Article   19 Meetings of the Co-ordination Committee 2
  • Chapter   Seven Sectoral Committees 2
  • Article   20 Establishment and Composition of Sectoral Committees 2
  • Article   21 Functions of the Sectoral Committees 2
  • Article   22 Meetings of the Sectoral Committees 2
  • Chapter   Eight The East African Court of Justice 2
  • Article   23 Role of the Court 2
  • Article   24 Judges of the Court 2
  • Article   25 Tenure of Office of Judges 2
  • Article   26 Removal from Office and Temporary Membership of the Court 2
  • Article   27 Jurisdiction of the Court 3
  • Article   28 Reference by Partner States 3
  • Article   29 Reference by the Secretary General 3
  • Article   30 Reference by Legal and Natural Persons 3
  • Article   31 Disputes between the Community and Its Employees 3
  • Article   32 Arbitration Clauses and Special Agreements 3
  • Article   33 Jurisdiction of National Courts 3
  • Article   34 Preliminary Rulings of National Courts 3
  • Article   35 Judgment of the Court 3
  • Article   35A Appeals 3
  • Article   36 Advisory Opinions of the Court 3
  • Article   37 Appearance Before the Court 3
  • Article   38 Acceptance of Judgments of the Court 3
  • Article   39 Interim Orders 3
  • Article   40 Intervention 3
  • Article   41 Proceedings 3
  • Article   42 Rules of the Court and Oaths of Office 3
  • Article   43 Immunity of the Judges and the Holding of other Offices 3
  • Article   44 Execution of Judgments 3
  • Article   45 Registrar of the Court and other Staff 3
  • Article   46 Official Language of the Court 3
  • Article   47 Seat of the Court 3
  • Chapter   Nine The East African Legislative Assembly 3
  • Article   48 Membership of the Assembly 3
  • Article   49 Functions of the Assembly 3
  • Article   50 Election of Members of the Assembly 3
  • Article   51 Tenure of Office of Elected Members 3
  • Article   52 Questions as to Membership of the Assembly 3
  • Article   53 Speaker of the Assembly 3
  • Article   54 Invitation of Persons to Assist the Assembly 3
  • Article   55 Meetings of the Assembly 3
  • Article   56 Presiding In the Assembly 3
  • Article   57 Quorum and Vacancies In the Assembly 3
  • Article   58 Voting In the Assembly 3
  • Article   59 Bills and Motions In the Assembly 3
  • Article   60 Rules of Procedure of the Assembly 4
  • Article   61 Powers, Privileges and Immunities of the Assembly and Its Members 4
  • Article   62 Acts of the Community 4
  • Article   63 Assent to Bills 4
  • Article   64 Publication of Acts of the Community 4
  • Article   65 Relations between the Assembly and the National Assemblies of the Partner States 4
  • Chapter   Ten The Secretariat and Staff of the Community 4
  • Article   66 Establishment of the Secretariat 4
  • Article   67 Secretary General 4
  • Article   68 Deputy Secretaries General 4
  • Article   69 Counsel to the Community 4
  • Article   70 Other Officers and Staff of the Secretariat 4
  • Article   71 Functions of the Secretariat 4
  • Article   72 Relationship between the Secretariat and the Partner States 4
  • Article   73 Immunities 4
  • Chapter   Eleven Co-operation In Trade Liberalisation and Development 4
  • Article   74 East African Trade Regime 4
  • Article   75 Establishment of a Customs Union 4
  • Article   76 Establishment of a Common Market 4
  • Article   77 Measures to Address Imbalances Arising from the Application of the Provisions for the Establishment of a Customs Union and a Common Market 4
  • Article   78 Safeguard Clause 4
  • Chapter   Twelve Co-operation In Investment and Industrial Development 4
  • Article   79 Industrial Development 4
  • Article   80 Strategy and Priority Areas 4
  • Chapter   Thirteen Co-operation In Standardisation, Quality Assurance, Metrology and Testing 5
  • Article   81 Standardisation, Quality Assurance, Metrology and Testing 5
  • Chapter   Fourteen Monetary and Financial Co-operation 5
  • Article   82 Scope of Co-operation 5
  • Article   83 Monetary and Fiscal Policy Harmonisation 5
  • Article   84 Macro-economic Co-ordination Within the Community 5
  • Article   85 Banking and Capital Market Development 5
  • Article   86 Movement of Capital 5
  • Article   87 Joint Project Financing 5
  • Article   88 Safeguard Measures 5
  • Chapter   Fifteen Co-operation In Infrastructure and Services 5
  • Article   89 Common Transport and Communications Policies 5
  • Article   90 Roads and Road Transport 5
  • Article   91 Railways and Rail Transport 5
  • Article   92 Civil Aviation and Civil Air Transport 5
  • Article   93 Maritime Transport and Ports 5
  • Article   94 Inland Waterways Transport 5
  • Article   95 Multimodal Transport 6
  • Article   96 Freight Booking Centres 6
  • Article   97 Freight Forwarders, Customs Clearing Agents and Shipping Agents 6
  • Article   98 Postal Services 6
  • Article   99 Telecommunications 6
  • Article   100 Meteorological Services 6
  • Article   101 Energy 6
  • Chapter   Sixteen Co-operation In the Development of Human Resources, Science and Technology 6
  • Article   102 Education and Training 6
  • Article   103 Science and Technology 6
  • Chapter   Seventeen Free Movement of Persons, Labour, Services, Right of Establishment and Residence 6
  • Article   104 Scope of Co-operation 6
  • Chapter   Eighteen Agriculture and Food Security 6
  • Article   105 Scope of Co-operation 6
  • Article   106 Seed Multiplication and Distribution 6
  • Article   107 Livestock Multiplication and Distribution 6
  • Article   108 Plant and Animal Diseases Control 6
  • Article   109 Irrigation and Water Catchment Management 6
  • Article   110 Food Security 7
  • Chapter   Nineteen Co-operation In Environment and Natural Resources Management 7
  • Article   111 Environmental Issues and Natural Resources 7
  • Article   112 Management of the Environment 7
  • Article   113 Prevention of Illegal Trade In and Movement of Toxic Chemicals, Substances and Hazardous Wastes 7
  • Article   114 Management of Natural Resources 7
  • Chapter   Twenty Co-operation In Tourism and Wildlife Management 7
  • Article   115 Tourism 7
  • Article   116 Wildlife Management 7
  • Chapter   Twenty-One Health, Social and Cultural Activities 7
  • Article   117 Scope of Co-operation 7
  • Article   118 Health 7
  • Article   119 Culture and Sports 7
  • Article   120 Social Welfare 7
  • Chapter   Twenty-Two Enhancing the Role of Women In Socio-economic Development 7
  • Article   121 The Role of Women In Socio-economic Development 7
  • Article   122 The Role of Women In Business 7
  • Chapter   Twenty-Three Co-operation In Political Matters 7
  • Article   123 Political Affairs 7
  • Article   124 Regional Peace and Security 8
  • Article   125 Defence 8
  • Chapter   Twenty Four Legal and Judicial Affairs 8
  • Article   126 Scope of Co-operation 8
  • Chapter   Twenty Five The Private Sector and the Civil Society 8
  • Article   127 Creation of an Enabling Environment for the Private Sector and the Civil Society 8
  • Article   128 Strengthening the Private Sector 8
  • Article   129 Co-operation Among Business Organisations and Professional Bodies 8
  • Chapter   Twenty Six Relations with other Regional and International Organisations and Development Partners 8
  • Article   130 International Organisations and Development Partners 8
  • Chapter   Twenty Seven Co-operation In other Fields 8
  • Article   131 Other Fields 8
  • Chapter   Twenty Eight Financial Provisions 8
  • Article   132 Budget 8
  • Article   133 Other Resources 8
  • Article   134 Audit of Accounts 8
  • Article   135 Financial Rules and Regulations 8
  • Chapter   Twenty Nine General, Transitional and Final Provisions 8
  • Article   136 Headquarters and other Offices of the Community 8
  • Article   137 Official Language 8
  • Article   138 Status, Privileges and Immunities 8
  • Article   139 Dissolution of the Permanent Tripartite Commission and Its Secretariat 8
  • Article   140 Transitional Provisions 8
  • Article   140 (A) Transition 8
  • Article   141 Transfer of Assets and Liabilities 8
  • Article   142 Saving Provisions 8
  • Article   143 Sanctions 8
  • Article   144 Duration of the Treaty 8
  • Article   145 Withdrawal of a Member 8
  • Article   146 Suspension of a Member 8
  • Article   147 Expulsion of a Member 8
  • Article   148 Exceptions to the Rule of Consensus 8
  • Article   149 Rights Over Property and Assets of the Community Upon Cessation of Membership 8
  • Article   150 Amendment of the Treaty 9
  • Article   151 Annexes and Protocols to the Treaty 9
  • Article   152 Entry Into Force 9
  • Article   153 Depository and Registration 9