East African Community Treaty (1999)
Previous page Next page

(c) improve water catchment management, including rainwater harvesting; and

(d) adopt and promote the use of environmentally safe methods of land use.

Article 110. Food Security

The Partner States shall:

(a) establish a mechanism for exchange of information on demand and supply surpluses and deficits, trade, forecasting and state of food nutrition;

(b) harmonise quality and standards of inputs and products including food additives;

(c) develop modalities to have timely information on market prices;

(d) harmonise food supply, nutrition and food security policies and strategies;

(e) initiate and maintain strategic food reserves; and

(f) develop marine and inland aquaculture and fish farming.

Chapter Nineteen. Co-operation In Environment and Natural Resources Management

Article 111. Environmental Issues and Natural Resources

The Partner States recognise that development activities may have negative impacts 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;

(b) undertake, through environmental management strategy, to co-operate and co-ordinate their policies and actions for the protection and conservation of the natural resources and environment against all forms of degradation and pollution arising from developmental activities;

(c) undertake to co-operate and adopt common policies for control of trans-boundary movement of toxic and hazardous waste including nuclear materials and any other undesirable materials;

(d) shall provide prior and timely notification and relevant information to each other on natural and human activities that may or are likely to have significant trans-boundary environmental impacts and shall consult with each other at an early stage; and

(e) shall develop and promote capacity building programmes for sustainable management of natural resources.

2. Action by the Community relating to the environment shall have the following objectives:

(a) to preserve, protect and enhance the quality of the environment;

(b) to contribute towards the sustainability of the environment;

(c) to ensure sustainable utilisation of natural resources like lakes, wetlands, forests and other aquatic and terrestrial ecosystems; and

(d) to jointly develop and adopt water resources conservation and management policies that ensure sustenance and preservation of ecosystems.

Article 112. Management of the Environment

1. For purposes of Article 111 of 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;

(b) develop special environmental management strategies to manage fragile ecosystems, terrestrial and marine resources, noxious emissions and toxic and hazardous chemicals;

(c) take measures to control trans-boundary air, land and water pollution arising from developmental activities;

(d) take necessary disaster preparedness, management, protection and mitigation measures especially for the control of natural and man-made disasters. These include oil spills, bio-hazards, floods, earthquakes, marine accidents, drought and bush fires; and

(e) integrate environmental management and conservation measures in all developmental activities such as trade, transport, agriculture, industrial development, mining and tourism in the Community.

2. For purposes of paragraph 1 of this Article, the Partner States undertake to:

(a) adopt common environment control regulations, incentives and standards;

(b) develop capabilities and measures to undertake environmental impact assessment of all development project activities and programmes;

(c) encourage the manufacture and use of bio-degradable pesticides, herbicides and packaging materials;

(d) encourage public awareness and education on the use of agricultural and industrial chemicals and fertilisers;

(e) adopt environmentally sound management techniques for the control of land degradation, such as soil erosion, desertification and forest encroachment;

(f) promote the use of non-ozone depleting susbstances and environment-friendly technologies;

(g) promote and strengthen the utilisation of training facilities and research institutions within the Community;

(h) adopt common environmental standards for the control of atmospheric, terrestrial and water pollution arising from urban and industrial development activities;

(i) exchange information on atmospheric, industrial and other forms of pollution and conservation technology;

(j) harmonise their policies and regulations for the sustainable and integrated management of shared natural resources and ecosystems;

(k) adopt measures and policies to address the existing demographic profiles such as high growth rates and fertility rates, high dependency ratio, poor social conditions and poverty in order to mitigate their adverse impact on the environment and development;

(l) adopt community environmental management programmes;

(m) promote enhancement of the quality of the environment through adoption of common measures and programmes of tree planting, afforestation and reforestation, soil conservation and recycling of materials; and

(n) adopt common policies for conservation of biodiversity and common regulations for access to, management and equitable utilisation of genetic resources.

Article 113. Prevention of Illegal Trade In and Movement of Toxic Chemicals, Substances and Hazardous Wastes

1. The Partner States undertake to co-operate 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.

2. The Partner States shall harmonise their legal and regulatory framework for the management, movement, utilisation and disposal of toxic substances.

3. The Partner States undertake to ratify or accede to international environmental conventions that are designed to improve environmental policies and management.

Article 114. Management of Natural Resources

1. For purposes of Article 111 of 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;

(b) co-operate in the management of their natural resources for the conservation of the eco-systems and the arrest of environmental degradation; and

(c) adopt common regulations for the protection of shared aquatic and terrestrial resources.

2. For purposes of paragraph 1 of this Article, the Partner States:

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

(i) the adoption of common policies for, and the exchange of information on, the development, conservation and management of natural forests, commercial plantations and natural reserves;

(ii) the joint promotion of common forestry practices within the Community;

(iii) the joint utilisation of forestry training and research facilities;

(iv) the adoption of common regulations for the conservation and management of all catchment forests within the Community;

(v) the establishment of uniform regulations for the utilisation of forestry resources in order to reduce the depletion of natural forests and avoid desertification within the Community; and

(vi) the establishment of Api-Agro Forestry Systems.

(b) with regard to the management of their water and marine resources, agree to co-operate through:

(i) the establishment and adoption of common regulations for the better management and development of marine parks, reserves, wetlands and controlled areas;

(ii) the adoption of common policies and regulations for the conservation, management and development of fisheries resources;

(iii) the establishment of common fisheries management and investment guidelines for inland and marine waters;

(iv) the strengthening of regional natural resources management bodies;

(v) the establishment of common rules of origin for flora and fauna; and

(vi) the establishment of a body for the management of Lake Victoria;

(c) with regard to the management of the mineral resources sector, agree:

(i) to promote joint exploration, efficient exploitation and sustainable utilisation of shared mineral resources;

(ii) to pursue the creation of an enabling environment for investment in the mining sector;

(iii) to promote the establishment of databases, information exchange networks and the sharing of experiences in the management and development of the mineral sector using electronic mail, internet and other means for the interactive dissemination of mineral information;

(iv) to harmonise mining regulations to ensure environmentally friendly and sound mining practices;

(v) to adopt common policies to ensure joint fossil exploration and exploitation along the coast and rift valley; and

(vi) to establish a regional seismological network whose primary objective is to monitor seismicity and advice on mitigation measures.

Chapter Twenty. Co-operation In Tourism and Wildlife Management

Article 115. Tourism

1. 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 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.

2. The Partner States shall establish a 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.

3. The Partner States undertake to develop 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:

(a) harmonise their policies for the conservation of wildlife, within and outside protected areas;

(b) exchange information and adopt common policies on wildlife management and development;

(c) co-ordinate efforts in controlling and monitoring encroachment and poaching activities;

(d) encourage the joint use of training and research facilities and develop common management plans for trans-border protected areas; and

(e) take measures to ratify or accede to, and, implement relevant international conventions.

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:

(a) take joint action towards the prevention and control of communicable and non-communicable diseases and to control pandemics and epidemics of communicable and vector-borne diseases such as HIV-AIDS, cholera, malaria, hepatitis and yellow fever that might endanger the health and welfare of the residents of the Partner States, and to co-operate in facilitating mass immunization and other public health community campaigns;

(b) promote the management of health delivery systems and better planning mechanisms to enhance efficiency of health care services within the Partner States;

(c) develop a common drug policy which would include establishing quality control capacities and good procurement practices;

(d) harmonise drug registration procedures so as to achieve good control of pharmaceutical standards without impeding or obstructing the movement of pharmaceutical products within the Community;

(e) harmonise national health policies and regulations and promote the exchange of information on health issues in order to achieve quality health within the Community;

(f) co-operate in promoting research and the development of traditional, alternate or herbal medicines;

(g) co-operate in the development of specialised health training, health research, reproductive health, the pharmaceutical products and preventive medicine;

(h) promote the development of good nutritional standards and the popularisation of indigenous foods; and

(i) develop a common approach through the education of the general public and their law enforcement agencies for the control and eradication of the trafficking and consumption of illicit or banned drugs.

Article 119. Culture and Sports

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

(a) the promotion and enhancement of diverse sports activities;

(b) the development of mass media programmes on matters that will promote the development of culture and sports within the Community;

(c) the promotion of cultural activities, including the fine arts, literature, music, the performing arts and other artistic creations, and the conservation, safeguarding and development of the cultural heritage of the Partner States including, historical materials and antiquities;

(d) the development and promotion of indigenous languages especially Kiswahili as a lingua franca;

(e) the regulation of cross border trade in ethnographic materials, licensing of antique dealers and adoption of a common approach and co-operation in tackling the illicit cross border trade in cultural property;

(f) acceding to and ratification of international conventions that directly bear upon culture such as:

(i) the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict; and

(ii) the UNESCO Convention on the Means of Prohibition and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property;

(g) harmonising their policies for the conservation of their national antiquities and museums and the prevention of illegal trade in cultural property; and

(h) any other activities aimed at promoting an East African identity.

Article 120. Social Welfare

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

(a) employment, poverty alleviation programmes and working conditions;

(b) vocational training and the eradication of adult illiteracy in the Community; and

(c) the development and adoption of a common approach towards the disadvantaged and marginalised groups, including children, the youth, the elderly and persons with disabilities through rehabilitation and provision of, among others, foster homes, health care education and training.

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:

(a) promote the empowerment and effective integration and participation of women at all levels of socio-economic development especially in decision-making;

(b) abolish legislation and discourage customs that are discriminatory against women;

(c) promote effective education awareness programmes aimed at changing negative attitudes towards women;

(d) create or adopt technologies which will ensure the stability of employment and professional progress for women workers; and

(e) take such other measures that shall eliminate prejudices against women and promote the equality of the female gender with that of the male gender in every respect.

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:

(a) increase the participation of women in business at the policy formulation and implementation levels;

(b) promote special programmes for women in small, medium and large scale enterprises;

(c) eliminate all laws, regulations and practises that hinder women's access to financial assistance including credit;

(d) initiate changes in educational and training strategies to enable women to improve their technical and industrial employment levels through the acquisition of transferable skills offered by various forms of vocational and on-the-job training schemes; and

(e) recognise and support the national and regional associations of women in business established to promote the effective participation of women in the trade and development activities of the Community.

Chapter Twenty-Three. Co-operation In Political Matters

Article 123. Political Affairs

1. In order to promote the achievement 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.

2. For purposes of paragraph 1 of this Article, the Community and its Partner States shall define and implement common foreign and security policies.

3. The objectives of the common foreign and security policies shall be to:

(a) safeguard the common values, fundamental interests and independence of the Community;

(b) strengthen the security of the Community and its Partner States in all ways;

(c) develop and consolidate democracy and the rule of law and respect for human rights and fundamental freedoms;

(d) preserve peace and strengthen international security among the Partner States and within the Community;

(e) promote co-operation at international fora; and

(f) enhance the eventual establishment of a Political Federation of the Partner States.

4. The Community shall pursue the objectives 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;

(b) the co-ordination of the actions of the Partner States and the upholding by them of such co-ordinated actions in international organisations and at international conferences;

(c) the unreserved support of the Partner States of the Community’s foreign and security policies and the avoidance by the Partner States of any action on their part which is contrary to the interests of the Community or is likely to impair the effectiveness of the Community as a cohesive force in international relations;

(d) peaceful resolution of disputes and conflicts between and within the Partner States; (e) the co-ordination of the defence policies of the Partner States; and

  • 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