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PROTOCOLS AND OTHER ANNEXES TO THE TREATY FOR THE ESTABLISHMENT OF THE EAST AFRICAN COMMUNITY

EAC PROTOCOLS AND BILLS OF THE EAST AFRICAN COMMUNITY

NO DOCUMENT AREA OF CO-OPERATION DATE CONCLUDED PURPOSE STATUS COMMENTS
1 Protocol on Immunities and Privileges The Secretariat and Staff of the Community Article 73 30th November 2015 The Republic of Kenya ratified and deposited the Instruments of ratification in October, 2017. Uganda has ratified the Protocol and deposited the Instruments of ratification in August, 2018. The United Republic of Tanzania ratified the protocol and deposited the Instruments of ratification on 30th January, 2020. For the Republic of Rwanda, the protocol was ratified in November, 2018
2 Protocol on Meteorology Co-operation in Infrastructure and Services The Protocol has not yet been ratified
3 Protocol on the Extension of Jurisdiction of the EACJ. The East African Court of Justice To enable the Court carry out Jurisdiction Kenya and Rwanda ratified and deposited the January, 2019
5 Protocol on Foreign Policy Coordination Co-operation in the establishment of a common foreign policy for the Partner States June 30th 2011. The Protocol has been ratified by the four Partner States, United Republic of Tanzania is yet to ratify
6 East African Community Double Taxation Agreement into force by 30th September, 2015 30th September, 2015 Kenya, Rwanda, Uganda brought the DTA into force, Burundi and URT are still in the process
7 Tripartite Free Trade Area (TFTA) Agreement by Co-operation in Trade Liberalization and Development 31st December, 2016 Republic of Uganda, the Cabinet paper was prepared and forwarded to cabinet Secretariat. Republic of Rwanda has Not yet ratified pending the conclusion of Annex on tariff liberalization; Tanzania has initiated the process of ratification. Kenya, the Cabinet memo on ratification of the protocol is ongoing with stakeholder’s consultations. URT has started the process of ratification.
8 Protocol on Decision-Making by the Council. To guide Decision-Making at Meetings of the Council (Article 15(4)) 21.04.2001 To provide for procedure for decision-making by the Council of Ministers. All the Partner States ratified. The Protocol is in force.
9 Protocol on Combating Drug Trafficking in the East African region. Regional peace and security (Article 124(5)(e)) 13.01.2001 To provide for a regional mechanism and institutional framework on combating illicit drug supply, demand and related corruption in the Partner States All the Partner States ratified. The Protocol is in force.
10 Protocol on Standardization, Quality Assurance, Metrology and Testing Standardization, Quality Assurance, Metrology and Testing (Article 81(4)) 15.01.2001 To provide for a regional mechanism on standardization, quality assurance, metrology and testing for goods and services produced and traded in the East African Community. The Protocol is in force (since date of signature)
11 Tripartite Agreement on Road Transport Co-operation in infrastructure and services (Roads and Road Transport) (Article 90) 29.11.2001 Promotion and facilitation of international road transport services in the region. All the Partner States Ratified. The Agreement is in force
12 Tripartite Agreement on Inland Waterway Transport Co-operation in infrastructure services (Inland Waterways Transport) (Article 94) 30.11.2002 Facilitation of interstate inland waterways transport All the Partner States ratified. The Agreement is in force.
13 Protocol on the Establishment of the Inter-University Council for East Africa Establishment of the Organs and Institutions of the Community (Inter-University Council) (Article 9) 13.09.2002 To provide for the establishment objectives, functions and modus operandi of the Inter-University Council for East Africa All the Partner States ratified. The Protocol is in force.
14 Search and Rescue Agreement Co-operation in search and rescue operations (security) (Article 124) 13.09.2003 Co-ordination of Interstate of search and rescue operations All the Partner States ratified. The Agreement is in force.
15 Protocol for the Sustainable Development of Lake Victoria Basin Management of Natural Resources (Article 114). 29.11.2003 Provision for a coordinated system for the sustainable development of Lake Victoria Basin as an economic growth zone – including the establishment of Lake Victoria Basin Commission as an apex body for the management of Lake Victoria. All the Partner States ratified. The Protocol is in force.
15 Protocol on the Establishment of the East African Community Customs Union Trade liberalization and development (Article 75(7)) 02.03.2004 Establishment of the EAC Customs Union. All the Partner States ratified. The Protocol is in force.
16 Protocol on Environment and Natural Resources Environment and Natural Resources Management (Articles 111 – 114). 03.04.200 Harmonization of the Partner States’ environment and natural resources’ management policies and practices. Only the Republic of Uganda and the Republic of Kenya ratified this Protocol. At its 29th Meeting, held on 20th September 2014, the Council of Ministers directed the Sectoral Council on Environment and Natural Resources to study comments submitted by The United Republic of Tanzania and any other Partner States on this Protocol and make proposals for consideration by the Council at its 30th Meeting. Republic of Rwanda, Burundi and URT to ratify the Protocol
17 Protocol on the Establishment of the East African Science and Technology Commission Co-operation in Science and Technology (Article 103). 18.04.2007 Establishment of an apex body to promote and co-ordinate the development, management and application of science and technology in the Partner States. All the Partner States ratified. The Protocol is in force.
18 Protocol on the Establishment of the East African Civil Aviation Safety and Security Oversight Agency. Harmonization of policies on Civil Aviation (Article 92). 18.04.2007 Establishment of a regional agency to promote the safe, secure and efficient use and development of civil aviation within and outside the Partner States. All the Partner States ratified. The Protocol is in force.
19 Protocol on the Establishment of the East African Kiswahili Commission. Development and Promotion of indigenous languages especially Kiswahili as a lingua franca (Article 119) 18.04.2007 Establishment of a Commission to advise the Partner States on Kiswahili research, teaching, learning and development. All the Partner States ratified. The Protocol is in force.
20 Protocol on the Establishment of the East African Health Research Commission. Co-operation in Health activities (Article 118) 18.04.2007 Establishment of a Commission charged with improvement of health of the citizens of the Partner States through capacity building and poverty reduction through health research. Full ratified
21 Protocol on the Establishment of EAC Common Market Trade liberalization and development (Article 76) 20.11.2009 Establishment of the EAC Common Market. All the Partner States ratified. The Protocol is in force.
22 Protocol on Co-operation in Defence Affairs Co-operation in Defence Affairs 28.04.2012 Co-operation in Defence Ratification was required by 30th November 2012; The Republic of Uganda, the Republic of Rwanda, the Republic of Burundi, Republic of Kenya have ratified and the United Republic of Tanzania has ratified the Protocol
23 Protocol on Peace and Security Co-operation in maintaining peace and security in the region 16.02.2013 Promotion of peace and Security Ratification process underway (Was expected to be finalized by 16. 01. 2014). The Republic of Uganda, the Republic of Rwanda, and Republic of Kenya and United Republic of Tanzania have ratified. Republic of Burundi to ratify
24 Protocol on Information, Communications and Technology Co-operation in Telecommunications and the development of science and technology (Articles 99 and 103) 23.08.2013 Improvement and maintenance of interconnectivity and modernization of equipment to meet the common standards required for efficient telecommunications traffic within the Community Ratification Process reportedly underway. All Partner States to ratify
25 Protocol on Sanitary and Phytosanitary Measures Harmonization of Sanitary and Phytosanitary measures (Articles 105-111) 12.07.2013, New deadline given to Republic of Burundi and URT be the 34th Council November , 2016 Harmonization of SPS Measures The Republic of Uganda, Kenya, Rwanda and Burundi have ratified the Protocol. United Republic of Tanzania is in the process of ratification URT to ratify
26 Protocol on Foreign Policy Co-ordination Co-operation in the establishment of a common foreign policy for the Partner States 03.12.2010 Establishment of a common foreign policy as part of Co-operation in Political Matters. Ratification was required by 30th June 2011. The Republic of Uganda, the Republic of Burundi, the Republic of Kenya and the Republic of Rwanda have ratified this Protocol. URT to ratify
27 Protocol on the Establishment of the East African Monetary Union Monetary and Financial Co-operation (Chapter Fourteen) 30.11.2013 Establishment of the East African Monetary Union All Partner States have ratified the Protocol on East African Monetary Union

BILLS

NO DOCUMENT AREA OF CO-OPERATION DATE CONCLUDED PURPOSE STATUS COMMENTS
1 The EACJ Bill The EACJ Bill is due for assent. Advance copies already submitted to Partner States.
2 The LVBC Bill 2019 Passed not yet assented to.
3 The Administration of EALA (Amendment) Bill currently under consideration by the Committee on Legal, Rules and Privileges
4 The EAC Integrity and Anti -Corruption Bill Currently under consideration by the Committee on Regional Affairs and Conflict Resolutions.
5 The EAC Financial Management Bill Under consideration by the Committee on General Purpose.
6 The East African Community Customs Management (Amendment) (No.2) Bill, 2018 The Bill seeks to facilitate the ability of customs administrations to detect high risk consignments ahead of the arrival of the vessel carrying the good to enable the customs administrations to take appropriate action on such consignments and to distinguish between high risks goods from those that are not of high risk. The Bills was passed in the process of assent
7 The East African Community Supplementary Appropriation Bill, 2019 The Bill seeks to make provision for the appropriation out of the budget of the Community, of specified amounts of money to meet additional expenditure for the organs and institutions of the Community for the financial year ending 30th June, 2019 The Bills was passed in the process of assent
8 The East African Community Appropriation Bill, 2019. The Bill seeks to make provision for the appropriation out of the budget of the Community, of specified amounts of money for the services and purposes of the Community for the financial year ending the 30th of June, 2020. The Bills was passed in the process of assent
9 The East African Community Integrity and Anti-Corruption Bill, 2019.
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11 The East African Monetary Institute Bill Monetary and Financial co-operation (Article 83) 16th Summit Necessary for the implementation of the EAMU Passed
12 The East African Statistics Bureau Bill 2017 to be responsible for State Bill Monetary and Financial co-operation (Article 83) 16th Summit Necessary for the implementation of the EAMU The Bills was passed in the process of assent
13 The East African Surveillance, Compliance and Enforcement Commission to be responsible for Surveillance Bill Monetary and Financial co-operation (Article 83) 16th Summit Necessary for the implementation of the EAMU Draft Bill have been Developed and is being discussed by Partner states
14 The East African Financial Services Commission to be responsible for Financial Services Bill. Monetary and Financial co-operation (Article 83) 16th Summit Necessary for the implementation of the EAMU Draft Bill have been Developed and is being discussed by Partner states
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16 The EAC Industrialization Bill Co-operation in Investment and Industrial Development No timeline set To promote the Industrial Sector in general and to ensure increased productivity and value addition on the EAC Region EAC Secretariat has commissioned a consultant to draft the Bill and procurement is ongoing
17 Draft East African Community Standardization, Quality Assurance Metrology and Testing Act (Amendment) Bill; Co-operation in Standardization, Quality Assurance Metrology and Testing Not yet done
18 The East African Community Disaster Risk Reduction and Management Bill, 2013) Co-operation in Investment and Industrial Development No timeline set To manage disaster risks and to provide support in terms of adaption and mitigation against those risks The final East African Community Disaster Risk Reduction and Management Bill, 2013) was passed by EALA and forwarded for Assent to the Summit

Note

  1. According to the Treaty (Article 151 (3)) read together with respective provisions under the protocols), each protocol once negotiated, concluded and signed by the Partner States as contracting parties enters force upon the Partner States’ ratification and deposit of instruments of ratification with the Secretary General.
  2. Upon their accession to the Treaty each of the Republic of Burundi and the Republic of Rwanda and RSS acceded to the then existing annexes to the Treaty which were part of pre-existing acquis Communautaire.
  3. The negotiations/preparation of a draft Protocol on Good Governance is in progress.