Popular Participation in the Integration of the East African Community: Eastafricanness and Eastafricanization 2020930647, 9781793605498, 9781793605504

Citation preview

Copyright © 2020. Lexington Books. All rights reserved.

Popular Participation in the Integration of the East African Community

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Popular Participation in the Integration of the East African Community Eastafricanness and Eastafricanization

Copyright © 2020. Lexington Books. All rights reserved.

Edited by Korwa Gombe Adar, Kasaija Phillip Apuuli, Agnes Lucy Lando, PLO-Lumumba, and Juliana Masabo

LEXINGTON BOOKS

Lanham • Boulder • New York • London

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Published by Lexington Books An imprint of The Rowman & Littlefeld Publishing Group, Inc. 4501 Forbes Boulevard, Suite 200, Lanham, Maryland 20706 www.rowman.com 6 Tinworth Street, London SE11 5AL, United Kingdom

Copyright © 2020. Lexington Books. All rights reserved.

Copyright © 2020 by The Rowman & Littlefeld Publishing Group, Inc. All rights reserved. No part of this book may be reproduced in any form or by any electronic or mechanical means, including information storage and retrieval systems, without written permission from the publisher, except by a reviewer who may quote passages in a review. British Library Cataloguing in Publication Information Available Library of Congress Control-Number: 2020930647 ISBN 978-1-7936-0549-8 (cloth : alk. paper) ISBN 978-1-7936-0550-4 (electronic) ∞ ™ The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences—Permanence of Paper for Printed Library Materials, ANSI/NISO Z39.48-1992.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

This volume is dedicated to all the ordinary East Africans from Minago (Burundi), Sori (Kenya), Cyimbili (Rwanda), Tonga (South Sudan), Ujiji (Tanzania), and Abok (Uganda) whose EAC identity and easafricanness remain in the balance and are longing to be tangibly empowered by the EAC integration agenda.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Contents

Abbreviations and Acronyms

xi

Foreword John Eudes Ruhangisa

xv

Preface Amb. Dr. Francis K. Muthaura

xvii

Acknowledgments xix

Copyright © 2020. Lexington Books. All rights reserved.

PART I: EAC CITIZENS’ SOVEREIGNTY, POPULAR PARTICIPATION, AND THE EAST AFRICAN LEGISLATIVE ASSEMBLY-NATIONAL ASSEMBLIES NEXUS: POLITICAL DIMENSIONS Introduction: Setting the Theoretical, Conceptual, and Epistemological Contexts Korwa Gombe Adar, Kasaija Phillip Apuuli, Agnes Lucy Lando, PLO-Lumumba, and Juliana Masabo

1 3

1 The Locus of the EAC Citizens’ Sovereignty and Popular Participation in the Integration Project Pontian G. Okoth

21

2 Burundi Citizens’ Empowerment, Popular Participation, and the EAC Integration Process Alfred Burimaso

37

3 Kenya Citizens’ Sovereignty, Popular Participation, and the EAC Integration and Democratization Mercy Kathambi Kaburu and Korwa Gombe Adar

55

vii

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

viii

Contents

4 Rwandan Citizens’ Sovereignty, Popular Participation, and the EAC Integration and Democratization Nicasius Achu Check

77

5 Sovereignty, Popular Participation, and Democratization: South Sudan in the East African Community Yosa Wawa

93

6 Tanzania Citizens’ Sovereignty, Popular Participation, and the EAC Integration and Democratization Nicodemus Minde

107

7 Uganda Citizens’ Sovereignty, Popular Participation, and the EAC Integration and Democratization Aaron Ayeta Mulyanyuma

123

Copyright © 2020. Lexington Books. All rights reserved.

PART II: EAC CITIZENS’ SOVEREIGNTY, NATIONAL CONSTITUTIONS, AND EAST AFRICAN COMMUNITY TREATY NEXUS: LEGAL DIMENSIONS

145

8 Burundian Citizens’ Sovereignty, National Constitution, and the EAC Treaty Nexus François Xavier Senene

147

9 Kenya Citizens’ Sovereignty, National Constitution, and the EAC Treaty Nexus PLO-Lumumba

163

10 Rwanda Citizens’ Sovereignty, National Constitution, and the EAC Treaty Nexus Andre Mbata Mangu

183

11 Tanzania Citizens’ Sovereignty, National Constitution, and the EAC Treaty Nexus Petro Protas and Juliana Masabo

197

12 Uganda Citizens’ Sovereignty, National Constitution, and the EAC Treaty Nexus Kasaija Phillip Apuuli

217

PART III: EAST AFRICAN CITIZENS SOVEREIGNTY– EAST AFRICAN COMMUNITY NEXUS: COMMUNICATION AND AWARENESS DIMENSIONS 13 The System of Communication within the EAC: Case Study of Burundi Clément Bigirimana

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

229 231

Contents

ix

14 Kenya Citizens’ Sovereignty and the EAC Nexus: The Role of Communication Agnes Lucy Lando and Faith Wariara Nguru

251

15 Rwanda Citizens’ Sovereignty and the EAC Nexus: The Role of Communication Willy Mugenzi

271

16 Communication and Awareness Dimensions: South Sudan and the EAC in Perspectives Martin Logo Gogonya

295

17 Tanzania’s New Media Policies and New Hopes: Role of Communication, Popular Participation, and the EAC Integration Hassan Abbasi 18 Uganda Citizens’ Sovereignty and the EAC Nexus: The Role of Communication and Awareness Emilly Comfort Maractho Conclusion and Recommendations: Toward Eastafricanness and Eastafricanization Epistemological Debate Korwa Gombe Adar, Kasaija Phillip Apuuli, Agnes Lucy Lando, PLO-Lumumba, and Juliana Masabo

309

329

345

Index 363

Copyright © 2020. Lexington Books. All rights reserved.

About the Editors and the Contributors

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

373

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Abbreviations and Acronyms

Copyright © 2020. Lexington Books. All rights reserved.

ACP ACDEG ACHPR ACPPDT

African, Caribbean Group of States African Charter on Democracy, Elections and Governance African Charter on Human & People’s Rights African Charter for Popular Participation in Development & Transformation Arab League AL ARII African Regional Integration Index Association of Southeast Asian Nations ASEAN ASP Afro-Shiraz Party BCC Behavior Change Communication CAEA Court of Appeal for East Africa CCEDU Citizen’s Coalition for Electoral Democracy in Uganda CCM Chama Cha Mapinduzi Community Economique de l’Afrique de l’quest CEAO CEN-SAD Community of Sahel-Saharan States CHADEMA Chama Cha Demokrasia na Maendeleo CLA Central Legislative Assembly COMESA Common Market for Easter and Southern Africa Coalition of the Willing CoW CSOs Civil Society Organizations Democratic Republic of Congo DRC EAA East African Airways EAC East African Community EABC East African Business Council EACB East African Currency Board EACCD East African Centre for Constitutional Development EAC-CMP East African Community Common Market Protocol xi

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

xii

EACJ EACM EACSOF EACSO EADB EAHC EALA EALGA EALS EAMD EAMU EAPT EARH EC ECA ECB ECCAS ECJ ECOWAS EP EU FDC FDLR FTAs GDP GLR GoR HoC ICAO ICJ ICCPR ICT ICTR ID IGAD IGO IMO IUCEA JKUAT KANU KCB KU

Abbreviations and Acronyms

East African Court of Justice East African Common Market East African Civil Society Organization Forum East African Common Services Organization East African Development Bank East African High Commission East Africa Legislative Assembly East African Local Governments’ Association East African Law Society East African Meteorological Department East African Monetary Union East African Posts and Telegraphs East African Railways and Harbors European Commission/European Council Economic Commission for Africa European Central Bank Economic Community of Central African States European Court of Justice Economic Commission of West African States European Parliament European Union Forum for Democratic Change Democratic Forces for the Liberation of Rwanda Free Trade Areas Gross Domestic Product Great Lakes Region Government of Rwanda House of Commons International Civil Aviation Organization International Court of Justice International Covenant on Civil and Political Rights Information and Communications Technology International Criminal Tribunal for Rwanda Identity Card Intergovernmental Authority on Development International Governmental Organization International Maritime Organization Inter-University Council for East Africa Jomo Kenyatta University of Agriculture and Technology Kenya African National Union Kenya Commercial Bank Kenyatta University

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Abbreviations and Acronyms

Copyright © 2020. Lexington Books. All rights reserved.

LEGCO LNMT LVBC LVDP LVFO MEACA MINEACs MP NARC NATO NRM NRM-O OAU OCCEAC

Legislative Council League of Nations Mandated Territory Lake Victoria Basin Commission (LVBC) Lake Victoria Development Programme Lake Victoria Fisheries Organization Ministry of East African Community Affairs Ministry of East African Community Media Practitioner/Member of Parliament National Rainbow Coalition North Atlantic Treaty Organization National Resistance Movement National Resistance Movement-Organization Organization of African Unity Organisation Commune de Cooperation Economique d’Afrique Centrale ODM Orange Democratic Movement OTT Over the Top Tax PAP Pan African Parliament POMA Public Order Management Act PRA Peoples Redemption Army PTA Preferential Trade Agreements PTC Permanent Tripartite Commission RC Revolutionary Council RECs Regional Economic Communities REPOA Research on Poverty Alleviation RGB Rwanda Governance Board RGZ Revolutionary Government of Zanzibar RIA Regional Integration Arrangements RIC Regulations of Interception of Communications RMB Rwanda Media Barometer RPR Rwandan Patriotic Front RTLM Radio-Télévision des Milles Collines RURA Rwanda Utilities Regulatory Authority SADC Southern Africa Development Community SG Secretary General SHIHATA Shirika la Habari Tanzania SME Small and Medium-Sized Enterprises SPLM Sudan People’s Liberation Movement TANU Tanganyika African National Union TUM Technical University of Mombasa TV Television UBC Uganda Broadcasting Corporation

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

xiii

xiv

UBOS UCC UDHR UEMOA UG UGX UHRC UMA UMWA UNAMIR UNDP UNECA UNESCO UNHRC UNICEF UNPAARD

Uganda Bureau of Statistics Uganda Communications Commission Universal Declaration of Human Rights Parliament de I’Union Economiue et Monetaire Quest Africaine Union Government Uganda Shilling Uganda Human Rights Commission Union of Arab Maghreb Uganda Media Women’s Association United Nations Assistance Mission for Rwanda United Nations Development Program United Nations Economic Commission for Africa United Nations Educational, Scientific and Cultural Organization United Nations Human Rights Council United Nations Children’s Fund United Nations Programme of Action for African Economic Recovery & Development United Nations Trust Territory Union Parliament United States Union of Soviet Socialist Republics Virtual Private Networks World Health Organization World Trade Organization Zanzibar House of Representatives

Copyright © 2020. Lexington Books. All rights reserved.

UNTT UP US USSR VPN WHO WTO ZHR

Abbreviations and Acronyms

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Foreword

Democratization and Integration are topical issues in the contemporary world characterized by the mushrooming of various regional and subregional Economic Communities. Africa as a region has not been left behind in this movement that has witnessed the appearance of numerous subregional communities including the resurfacing of the East African Community. A somewhat newly born East African Community sought to raise the standards of living of the peoples, maintain and enhance the economic stability with a view to achieving political union. In order to achieve this objective, the Partner States committed themselves under the treaty to make a newly born cooperation as people-centered and market-driven so that a difference with the defunct East African Community can be made. This aspiration was made one of the operational principles of the community. Has East African Community fulflled its promise and commitment under the Treaty? This book through a section of articles attempts to survey and answer the question after navigating through the operations of the organs of the community in discharge of their mandate. The book has come at the right time in the life of the East African Community when the issue of democracy in the subregion is a matter of great concern to the East Africans and the world. To what extent have the East Africans owned the community by getting involved or participating in making decisions over the matters that affect them? Has the private sector been on the driving seat as directed by the Treaty or the executives are the ones dictating terms for everyone to follow? These are some of the questions that this book endeavors to provide answers for. Regional integration as the emerging concept in international law requires credence of certain amount of sovereignty by the Partner States to the institutions of the community. Such institutions of the community being referred to xv

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

xvi

Foreword

include the East African Legislative Assembly (EALA) and the East African Court of Justice (EACJ) just to mention a few. However, the situation as it seems to prevail, Partner States are reluctant to give the institutions of the community the supranationality status they deserve. Contrary to the spirit of integration, Partner States still wish to remain full sovereign states with their fully fedged respective institutions such as National Assemblies and National Courts taking precedence over community institutions. Issues of democracy such as election procedures within the community structures and even outside, changing the national constitutions to suit the interests of those in power, political parties’ freedom, and rule of law in the subregion leave a lot to be desired. This book tackles the social and legal aspects of these concerns. I wish to commend those who contributed their intellectual assets in form of chapters to this publication for a job well done. They are scholars of impeachable character in the academic world. To all I say “You will be remembered for a master piece legacy put across during this time in this publication and also for use by future generation on the subject.” The readers of this work will be in contact with a substantial amount of innovativeness and originality of the authors in terms of new concepts developed therein such as eastafricanization and eastafricanness expressing a sense of belonging, attachment, and identity or feeling part of the EAC by the East African citizens. By so doing this book addresses, in a comprehensive and empirical way the role of the East African citizens’ sovereignty and popular participation in the integration and democratization of the region. This is a considerable contribution to the existing knowledge in the discourse. This book is of great interest to the citizens of East African Community and the world at large as the tendency has been to learn from each other. It is an invaluable to lawyers, social scientists, judges, researchers, scholars, and students of international law and social science, communication and media relations as well as specialists of human rights, and community law. Undoubtedly, the contribution of the authors through this publication will be of beneft to a wide range of stakeholders. Prof. John Eudes Ruhangisa (PhD) Judge (retired) cum Founding Registrar, East African Court of Justice, Tumaini University Makumira, Arusha, Tanzania

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Preface

I thank the editors for honoring me with a request to write this preface to this important book. As the founder Secretary General of the East African Community (2000), I am delighted by the huge interest the regional organization has created among academicians and students of international politics and economics, in addition to the peoples of East Africa and beyond, who continue to enjoy the benefts generated by the East African Community. The East African Community is de jure a creation of the original three member states, later joined by three neighboring sister states. De facto, East African communities were spread across borders which did not exist prior to the Berlin Conference of 1884–1885 that apportioned Africa among European powers. Communities traded and migrated freely, for example, the Luos spread from South Sudan to the Lake Victoria regions of Kenya, Tanzania, and Uganda. The Masai spread throughout the Rift Valley, transversing Kenya and Tanzania. The same may be said about the Turkana and Karamajong of Northern Kenya and North Eastern Uganda. The people of Western Uganda and those of Rwanda as well as of Kagera and Kigoma regions of Tanzania and those of Burundi are basically one, who traded, grazed animals and freely migrated from one region to the other. Similarly, the Bantu of Western Kenya and those of Uganda—the Samia and the Bukusu, the Bantu of the neighboring Coastal region of Kenya and Tanzania and the areas around Mount Kilimanjaro are basically the same people. It is therefore, ironic that because of rivalries created by artifcial colonial boundaries and postindependence nationalism, the process of reintegrating East Africa is not as smooth as it should be. Interestingly, even after the colonial partition of East Africa between the Germans, the British, and the Belgians than the victorious Britain, after the World War I embarked on building reunifcation structures for the region; The East African Customs xvii

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

xviii

Preface

Union, The East African High Commission, and The East African Currency Board to build an integrated regional economy and common services. Almost twenty years ago, the second bold postindependence integration effort culminated in the Treaty for the Establishment of the East African Community that created a four-phase integration process starting with a Customs Union, a Common Market, followed by a Monetary Union and eventually a Political Federation. Strict timeframes were not prescribed as everything was intended to be subject to negotiation and consensus building. No economist, social or political scientist can fail to see and appreciate the enormous benefts to be derived from a completely integrated East African Community. However, Members States will have to be patient to manage the egos of leadership and competition among themselves. Fortunately, the integration effort at the African continental level spearheaded by the AU, other Regional Economic Blocs, and the UN Economic Commission for Africa as well as the African Development Bank resulting to the establishment of the African Economic Free Trade Area is immensely supportive of the regional efforts of the East African Community. The East African Community Treaty places a high responsibility on the East African People to hold frmly onto the integration agenda and not allow prophets of doom to push the boat off course. For example, the East African Legislative Assembly Members are elected by National Parliaments but also represent the diversity of different opinions in those Parliaments. It was intended to be a transitional arrangement before the community was mature enough to hold direct elections for the Legislative Assembly. That time is overdue. In addition, the Treaty has enabling provisions for creation of Civil Society, Professional, and Business associations across East Africa. For example, the East African Business Council and the East African Law Society. The new challenges caused by expansion of the community, calls for deeper understanding of the strengths and weaknesses of the regional body which are extensively analyzed by the authors of this book to provide insights into sustainable solutions for the betterment of the region. Suffce to say that the success of the East African Community has been emphatically demonstrated by the fact that since its launching twenty years ago the region has been ranked consistently as one of fastest growing regions of the world. The readers of this book will beneft greatly from the deep analysis of the history, the wide scope, and the challenges as well as the opportunities highlighted in this book. Congratulations to the authors and all those who made this book a reality. Amb. Dr. Francis K. Muthaura, MBS, EGH Founder Secretary General, East African Community.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Acknowledgments

This volume is centered on and operationalizes the ongoing ontological and epistemological debate among East African scholars and East Africanists on the integration agenda in the region, a project that dates back to the colonial period in the 1940s. Using the case studies of six East African Community (EAC) Partner States, the authors have addressed issues attached to communication, awareness, and politico-constitutional place of the East African citizens and the EAC integration agenda. Scholarly works of this magnitude require independent, professional, and blind critical evaluations by experts in the relevant disciplines in order to improve the academic value, quality, and relevance of the study. To this end, the volume beneftted immensely from scholars, experts, and practitioners who gave us very useful and constructive inputs on the earlier drafts of the chapters of this manuscript. The comments and assistance provided by some of the experts but whose names are not listed herein due to space and other reasons are highly acknowledged and appreciated. First, we acknowledge and appreciate the inside story given by Ambassador Juma Mwapachu, the former Secretary-General of the East African Community who after going through parts of the manuscript was unable to write the Foreword for the book as he had originally planned and Ambassador Mwapachu who served as the Secretary General of the EAC from 2006 to 2011. The overwhelming commitments that came across his desire to be part of this book project overshadowed his envisaged plans. We still remain appreciative and acknowledge Your Excellency’s concerns about the future of the EAC regional integration agenda. Second, we appreciate the comments by many scholars whose views enriched this volume through formal and informal debates with the editors and the chapter contributors about the future of the EAC and the citizens xix

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

xx

Acknowledgments

thereof. Due to space, only a few who, among other things, read the draft chapters will be mentioned in this volume. They include

Copyright © 2020. Lexington Books. All rights reserved.

Richard Bosire, University of Nairobi, Kenya. Edgar Bwalya, University of Botswana, Botswana. Giovanni Finizio, University of Turin, Italy. John W. Forje, Cameroon. Centre for Action-Oriented Research on Africa’s Development (CARAD), Cameroon. Richard Obinna Iroanya, University of Namibia, Namibia. Margaret Jjuuko, University of Rwanda, Rwanda. Evariste Karangwa, University of Rwanda, Rwanda. Musambayi Katumanga, University of Nairobi, Kenya. Joshua Kivuva, University of Nairobi, Kenya. Kebapetse Lotshwao, University of Botswana, Botswana Patrick Maluki, Institute of Diplomacy and International Studies, University of Nairobi, Kenya. Rasul A. Minja, University of Dar es Salaam, Tanzania. Winnie Mitula, Institute of Development Studies, University of Nairobi, Kenya. Jane Mueni wa Muiu Martin, United States, Winston-Salem State University, United States. Oscar G. Mwangi, University of Lesotho, Lesotho. Dorothy Akoth Nyakwaka, Egerton University, Kenya. Paul Omach, Makerere University, Uganda. Kizito Sabala, Institute of Diplomacy and International Studies, University of Nairobi, Kenya. Cassandra Veney, United States International University-Africa, Kenya. Third, we highly appreciate and acknowledge with gratitude the anonymous scholars whose comments and suggestions also enriched this volume. Fourth, Perpetua Akoth Adar, School of Oriental and African Studies (SOAS), University of London, United Kingdom, put in many hours to comb through the editorial and technical issues in the draft manuscript. We sincerely acknowledge your help toward the completion of the manuscript and wish you a success in your academic endeavors. Fifth, the constant support and encouragement from our families and friends made this long and exhausting journey worthwhile. Without you we could have not been able to see the end of the tunnel with the EAC book in our hands and also foating in, among other places, libraries in universities and colleges as well as in international governmental organizations (IGOs), international nongovernmental organizations (INGOs) offces, and government departments.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Part I

EAC CITIZENS’ SOVEREIGNTY, POPULAR PARTICIPATION, AND THE EAST AFRICAN LEGISLATIVE ASSEMBLYNATIONAL ASSEMBLIES NEXUS

Copyright © 2020. Lexington Books. All rights reserved.

POLITICAL DIMENSIONS

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Introduction Setting the Theoretical, Conceptual, and Epistemological Contexts

Copyright © 2020. Lexington Books. All rights reserved.

Korwa Gombe Adar, Kasaija Phillip Apuuli, Agnes Lucy Lando, PLO-Lumumba, and Juliana Masabo

The historical development surrounding the integration of the East African region has its roots during the colonial period when the 1895–1903 Uganda Railway from Mombasa (Kenya) to Kampala (Uganda) was completed. However, the establishment of the 1948 East African High Commission (EAHC), as inchoate as it was at the time, tangibly laid the foundation for the transformation of the region into a functioning ontological unit. The formation of the EAHC (1948–1961) and its corollary, the East African Central Legislative Assembly (EACLA) by the Governors of Kenya, Tanganyika (later, Tanzania), and Uganda set the stage for the ongoing epistemological debates attached to the postindependence East African Community’s (EAC) raison d’etre (Adar 2014; Delupis 1970). As the East African colonies gradually acquired their international legal personalities as sovereign states in the 1960s with rights and duties in International Relations, the existing EAHC paved the way for the 1961 formation of the East African Common Services Organization (EACSO-1961–1967) and the Central Legislative Assembly (CLA), the judicial and legislative organs respectively. The EAC II (2000-) the successor of the EAC I (1967–1977) has ushered in a broadly based regional organization with clear mandates and objectives on its structural-functional responsibilities. More specifcally, the EAC II in Article 5 (2) of the Treaty explicitly and expressis verbis confer responsibilities on the EAC to meet its integration mandate incrementally, that is, by establishing Customs Union, Common Market, Monetary Union, and ultimately Political Federation. This step-by-step integration process provided for in the Treaty, it can be argued, is a clear sui generis model in Africa and perhaps the world in general.

3

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

4

Korwa Gombe Adar et al.

Burundi and Rwanda joined the EAC in 2007 while South Sudan became the sixth member state in 2016. The challenges that have faced the integration agenda in the region notwithstanding, the successive leaders have since the decolonization period in the 1960s remained committed to the expansion, development, and institutionalization of the EAC for the benefts of the East African citizens. One of the key questions which have remained unanswered in the region since the idea of integration was mooted by the colonialists in the 1940s is the locus or the place of the East African citizens in the integration agenda? More specifcally for this study is that integration is about the East African citizens, the key grounding ontological unit or human agency and the benefciaries thereof and not necessarily the abstract entities or units called Partner States. For the EAC integration process to tangibly actualize its institutionalization and consolidation, we argue, it must be reinforced with explicit entrenchment of East African citizenship in the Treaty, that is, a clear reciprocal commitment and attachment between the EAC citizen and the EAC. In this context the issue of ownership of by the East African citizens and their attendant genuine link with the integration agenda are a fortiori critical, particularly for purposes of the survival and durability of the EAC (Adar 2018). A locus or place as Castellus (1996, 423) argues “is a locale whose form, function, and meaning are self-contained within the boundaries of physical contiguity.” In the EAC region, the East African citizens are bound together in the EAC’s contiguous boundaries, yet with nominal sovereign rights of ownership ever since the integration agenda was mooted in the 1890s by the colonialists. In this study we consider the locus of the East African citizens’ sovereign rights in the integration process as a priori source of power for governance of the EAC. It is the source of power mainly because the EAC as a functioning ontological entity needs to derive its international legal personality directly from the sovereignty of the East African citizens. Specifcally, durability, legitimacy, authority, and raison d’entre of the EAC, it can be argued, needs to rest on the symbiotic relationship with the sovereigns, that is, the East African citizens. It is therefore imperative to reiterate that the EAC has the fduciary duty and responsibility to ensure that the sovereigns derive their benefts, in a holistic sense, directly from the integration process. The symbiotic relationship and the benefts thereof can only occur tangibly if the sovereigns exercise their sovereign rights through popular participation in the EAC integration agenda. As La France (1989, 30) argues, popular sovereignty “is the notion that no law or rule is legitimate unless it rests directly . . . on the consent of the individuals concerned, that is, the people.” Popular participation is based on the idea that the people are empowered to become useful payers in governance and law-making. If entrenched a constitution and implemented popular participation would lay the foundation for the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Introduction

5

sensitization and consolidation of awareness of the citizenry. This resonates with Jean-Jacques Rousseau’s doctrine of sovereignty that it resides with the people themselves expressed in “general will” (Heywood 2004). It is the people who have to be the driving force in collectively shaping their own destiny (Bickerton et al. 2007). This direct genuine link with the consent of the East African citizens is ipso facto critical for the institutionalization and consolidation of the EAC integration process. Embedding integration process with ownership by the East Africans as the key factor is necessary for the durability of the integration agenda. Direct involvement of the East Africans in the management of the EAC is necessary for purposes of governance and benefts thereof. In this context, we argue that exercising sovereign rights through popular participation is both a means and an end. As a means, exercising sovereign right is an instrument which empowers the East African citizens to participate in the integration process. As an end in itself, popular participation is a sovereign right. This right is recognized in Article 7 of the EAC draft Protocol on Good Governance that stipulates, inter alia, that “Partner States commit themselves to the principle that the exercise of public authority emanates from the will of the people through regular, transparent, free and fair elections” (EAC n.d.; Adar 2018, 68). Yet this important component of integration agenda remains an elusive dream for the East Africans nearly sixty years when the idea of integration of the region was launched by the colonialists in the 1940s. Without the direct involvement of the East African citizens, the EAC operates in a situation which can meaningfully be categorized as “representation without corresponding power” and “representation without participation” (Auel 2013, 3). The EALA II, the legislative arm of the EAC II, as was the case of its predecessor the East African Community I (EALA I), has remained ambivalent on the issue of empowering the East African citizens by not instituting Acts of the Assembly that could institutionalize popular participation. More specifcally, as the organ bestowed with the legislative authority, the EALA II, to our knowledge, has thus far not prescribed any Act of the Community that would operationalize popular participation by the East Africans, that is, by empowering the EAC citizens to participate in direct election of the EALA II representatives. While Article 5 (3) (d) of the 2000 Treaty stipulates that the EAC shall be people-centered, Article 7 (1) (a) envisages a people-centered and market-driven organization [EAC 2002, Articles 5 (3) and 7(1) (a)]. Even though the Treaty was amended in 2006 and 2007, the people-centered vision has not been broadened to accommodate the idea of the East African citizens’ sovereignty, particularly with respect to popular participation. Popular sovereignty and popular participation, if they were to be genuinely and tangibly actualized in the EAC integration agenda should, in our view,

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

6

Korwa Gombe Adar et al.

reinforce the East Africans’ right to participate in their own development. As Acheampong (2000, 112) argues popular participation underpins developmental democracy which is centered on the premise that “citizens should be allowed to formulate their own developmental goals.” To this end, we reiterate that the nexus between the East Africa citizens and the EAC integration process as envisaged in the objectives of the Organization, particularly Article 5(2) of the EAC Treaty, is a sine qua non if a people-cetered agenda is to be holistically realized and sustained in the region. The importance of linking people’s right to development was emphasized in the 1986 UN General Assembly Declaration on the Right to Development which stipulated that “the human person is the central subject of development and should be the active participant and benefciary of the right of development” (UN 1987). In the context of the EAC, this would institutionalize and consolidate a sense of regional legitimacy. In other words, the EAC needs to be the key reservoir for the East Africans’ identity, providing a clear and genuine sense of belonging or what we call eastafricanness. This view is centered on the idea that integration process has to be attached to its concomitant foundation namely ownership of the EAC by the East African citizens and their genuine link and identity with the regional integration agenda.

Copyright © 2020. Lexington Books. All rights reserved.

DEMOCRATIZATION, EASTAFRICANIZATION, EASTAFRICANNESS, AND INTEGRATION: THEORETICAL AND CONCEPTUAL FRAMEWORKS FOR ANALYSIS The explicit inscription of the normative principles of people-centered mutual development in Article 5 (3) (d) and people-centered and market-driven in Article 7(1)(a) of the EAC Treaty as part of the key operational principles of the integration agenda can be interpreted in many ways (our emphasis). First, it can be argued that it is recognition of the EAC citizens’ sovereign rights to participate directly in the integration agenda. Second, it can be argued that the founding fathers took cognizance of the issue of ownership by the EAC citizens in the integration agenda. Third, it is a recognition that integration is about people. In other words, the EAC regional integration is about the East Africans and as such their direct participation and contribution are necessary for the EAC’s raison d’etre and durability. Fourth, it recognizes the fduciary genuine link between the East Africans and the EAC integration agenda (Adar 2018, 67). In our view, there needs to be a symbiotic relationship between these rights at the national and regional levels. Specifcally, people-centered and mutual development and people-centered and market-driven conceptions must be

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Introduction

7

directly linked to, among other things, sovereign rights, ownership, and genuine link enjoyed by the citizens both at the national (Partner States) and regional (EAC) levels. To render any of these rights nugatory at the regional level is to bury the very fundamental objective of the EAC integration agenda. Suffce it to say, the EAC member states derive their sovereignties from the people. In a similar vein, the EAC should directly derive its regional sovereignty from the East African citizens. In other words, the legitimacy and authority of the EAC should be derived from the East Africans. These linkages and relationships set the stage for the grounding of the debate on democratization, eastafricanization, eastafricanness, and integration in the member state case studies.

Copyright © 2020. Lexington Books. All rights reserved.

DEMOCRATIZATION Democratization can be defned to mean “the process in which democracy spreads within a given system of governance” (Wanyama 2010, 64). It is democracy enlargement that is broadening the scope of democracy. This process occurs within a constitutional order established and recognized by the people in a given society. It is embodied in the Weberian rational-legal order. The EAC and its member states operate with their respective constitutional orders, with one particular objective, that is, to promote the interests of the citizens at the national and regional levels. In its holistic sense, democratization permeates national and regional boundaries. Democratization process is not confned to the member states but serves the dual purpose of spreading within the EAC itself. This is not to argue that the EAC is similar to the ideal of the Westphalian conception of nation-state enjoying sovereign rights under national and international law. We argue that democratization occurs within the EAC because the member states have accepted what Keohane and Hoffmann (1991) have called pooling of sovereignty, that is, accepting limits to their sovereignty by ratifying the Treaty. State sovereignty, in this case, therefore does not remain indivisible or a rigid Westphalian conceptual construct. However, it is important to reiterate that democratization is an ongoing process which has not reached its logical conclusion in the EAC region. Borrowing from one of Bakari and Mushi’s (2005) scenarios of democratic transition, we would rather argue that democratization process within the EAC member states exhibits both forward and backward movements which have not paved the way for actual enlargement and consolidation of democracy, that is, democracy becoming institutionalized or ingrained in the political culture of the member states and concomitantly the East African citizens. One of the means by which sustainable regional democratization process can be achieved is through popular participation by the people of a

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

8

Korwa Gombe Adar et al.

functioning regional organization established by a Treaty such as the EAC. Popular participation through electoral process confers legitimacy and authority on a system of governance whether at the national or regional level. The East Africans were given opportunity by the colonialists to exercise their sovereign rights through electoral process, at least at the national level, during the decolonization period in the 1960s. This experience and process need to be tangibly replicated and realized if the people-centered and market-driven operational principles were to be tangibly actualized in toto. To confne this important process of democratization on the National Assemblies of the Partner States is, in our view, to derogate the East African citizens’ sovereign rights and to undermine the foundation of the EAC integration agenda. It can be noted that the process of nominating members of the EALA has been found wanting and actually challenged in both domestic and at the EACJ by aggrieved parties in Kenya, Tanzania, and Uganda. Article 50(1) of the EAC Treaty empowers the National Assemblies of each member state to elect nine members of the East African Legislative Assembly (EALA) “who shall represent . . . the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups in that Partner State, in accordance with such procedure as the National Assembly of each Partner State may determine” (EAC 2002, Art 50(1)) (our emphasis). One central observation arises in relation to this Article in the EAC Treaty. Empowering political parties in each member state to nominate candidates whose names are thereafter submitted to the National Assembly for election consideration presupposes that the process of nomination is democratic. More specifcally, nomination and by extension electoral processes, in our view, encourage patronage and undermine the very foundation of democratization process needed within an international organization for the consolidation and institutionalization of democracy enlargement (Papanagnou, Kingah, and van Langenhove 2014). It has been correctly observed that “the paradox of the majority of the African political parties is that most of them are poorly organized and lack institutional capacity, their decision making often lies in the hands of the party leader and a few of his cronies” (Maiyo 2008, 17). The epistemological debates around some of these pertinent issues in relation to political, legal, and communication dimensions will be discussed and analyzed by the chapter contributors focusing on the member states’ case studies. EASTAFRICANIZATION The EAC II, like any other constitutionally established and functioning organization, makes decisions which in some cases would have implications

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Introduction

9

or legal effect on its member states. Its decisions permeate and regulate the operational functions of the institutional structures of member states. In this respect, it can be argued that it transfers policies to the member states. These processes are in many ways in the EAC II case linked to what has been called eastafricanization. The concept of eastafricanization has been defned to mean “a process whereby a change at the domestic level of a partner state in East Africa is caused by integration at the EAC regional level” (Adar 2014, 235; 2010, 71; 2008; 2018). It is centered on the actions that in many ways challenge the very notion of state sovereignty and legitimacy. In other words, a decision by the EAC can transform or have ramifcations on the policies of a member state or member states through directives imposed by the regional organization. In 2006, for example, Kenya was directed by the East African Court of Justice (EACJ) to adhere strictly to Article 50(1) of the Treaty when electing its EALA representatives. A case had been brought before the EACJ by a member of Kenya’s Legislative Assembly in which he disputed the procedures followed in the National Assembly when electing the Kenyan representatives. The Kenyan National Assembly obliged and repeated the process and participated in electing new EALA representatives a second time in conformity with the EACJ ruling and directives. In this instance, it can be argued, the EAC legal norms permeated the domestic jurisprudence and practice in Kenya, a member state enlarging constitutionalism in the region. In many respects, this is a reciprocal process, that is, the EAC regional authority institutionalized and consolidated the legal norms and practices within the member state. Similarly, the adherence by Kenya to the directive of the EACJ laid the foundation for the consolidation and enlargement of the EAC Treaty ratifed by the member state. This is a reciprocal top-down (EAC-Kenya) and bottomup (Kenya-EAC) process. It is a form of exchanging legal, normative, and governance procedures akin to what has been called dual legitimacy (Linz 1990). Eastafricanization process impacts on structural and policy changes in the domestic affairs of member states as well as at the regional level. The chapter contributors unravel and put into proper perspectives these complex and interrelated issue areas in the member state case studies. EASTAFRICANNESS The epistemological debate surrounding the historical development of the EAC integration process would be incomplete without examining eastafricanness, a concept which as in the case of eastafricanization, has largely been ignored by the East African scholars, practitioners, and East Africanists. Eastafricanness as used in this study means a sense of belonging, attachment, and

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

10

Korwa Gombe Adar et al.

identity or feeling part of the EAC by the East African citizens. It is a stage in which the East Africans recognize their individual and collective sense of belonging and ownership of the EAC raison d’etre that implies an accommodative attitude toward the whole, that is, the community. It is a sense of community and oneness in a collectivity or becoming East African. The eastafricanness is based on the idea of a dual social contract that is between each member state and its citizens and between the East African citizens and EAC as a whole. In this case the issue of awareness by the East African citizens is condition sine qua non, that is, without which the regional organization cannot exist, at least for purposes of the promotion of the EAC’s integrations agenda. More specifcally, as in the case at the national level, the socioeconomic, legal, and political attachment to the EAC by the East African citizens is necessary for the sustainability and survival of the organization. Ownership and identity are Lockean, Rousseauan, and Kantian conceptions of social contract in which the principles of, among others, political rights, life, liberty, equality, property, and freedoms of the individual are paramount. Ownership as is used in this study has a number of dimensions namely, self, collective, and sovereign (Brewer 2007). Self-ownership is centered on the individual person participating in the establishment of an entity. Collective ownership on the other hand is centered on a generally agreed-upon joint possession of an entity and being attached to it for enjoyment of collective and individual benefts. Sovereign ownership is attached to an entity in which an individual exercises rightful authority with benefts accruing therefrom (Brewer 2007; Tajfel and Jaspars 1981). In other words, the East African citizens must feel a sense of self-attachment to the collectivity, that is, the EAC, based on clear and shared norms and beliefs aimed at achieving cohesion. These processes of interrelationships at the individual and collectivity levels lay the foundation for social, political, and group identities. Social identity is “an individual’s knowledge of his membership in a social group together with the value and emotional signifcance attached to the membership” (Tajfel and Jaspars 1981, 255). Political identity, on the other hand is an identity as a group with norms based on shared political beliefs aimed at achieving a particular course of political action (Campbell et al. 1960). Group identity is a sense of self in a collectivity or group based on shared norms geared toward political cohesion (Brewer 2007; Taylor and Moghaddan 1996). As rightly put by Biira (2017, 18), “The essence of collective identity presides in a shared sense of ‘oneness’ anchored in real or imagined shared attributes and experiences among those who comprise the collectivity and in relation or contrast to one or more actual or imagined sets of ‘others.’” It can be argued that the concepts of, among others, people-centered mutual development and people-centered and market-driven enshrined in Articles 5(3)(d) and 7(1) (a) of the Treaty

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Introduction

11

respectively, are envisaged by the founding fathers of the EAC to meet the rightful needs of the East African citizens, particularly with respect to broadening the scope of their participatory responsibilities, identity, and attachment to the regional organization. One of the nagging questions this volume will attempt to provide answers to is whether the EAC integration project thus far has altogether managed to transform from being a preserve of the elites and statesmen who are preoccupied with comanaging common projects and services, one of the attributes that afficted the EAC I, to placing itself on the envisaged path toward a people-centered community. These are some of the issues that the authors will probe in their chapters’ case studies.

Copyright © 2020. Lexington Books. All rights reserved.

INTEGRATION Integration or unity of the East African region gained its momentum during the decolonization period through the initiatives of the founding presidents Jomo Kenyatta (Kenya), Julius K. Nyerere (Tanzania), and Apollo Milton Obote (Uganda). President Nyerere was even prepared to delay the independence of Tanganyika (later, Tanzania) if that could have paved the way for the federation of Kenya, Tanzania, and Uganda. This euphoria for the integration of the region, the key focal concern of the study, remained an ongoing project. Integration has been defned to mean the “process of the formation and development of institutions through which certain values are authoritatively allocated for a certain group of political actors or unit” (de Vree 1972, 11; Haas 2008; Mitrany 1966). In this context, integration in its broad context, that is, political and economic, is conceptualized to mean the institutionalization and consolidation of activities between two or more contiguous states in a region. Haas (1958, 16) on the other hand defnes integration as a process “whereby political actors in several distinct national settings are persuaded to shift their loyalties, expectations, and political activities towards a new center, where institutions possess or demand jurisdiction over preexisting national states.” Haas (1958) and de Vree (1972), therefore, conceptualize integration as a process in which political actors in a given geographical area shift or transform their loyalties toward a new center established for purposes of authoritative allocation of resources. Integration in this sense is a political process centered on uniting, unifying, organizing, and centralizing two or more states (Ilievski 2015). This process of centralization of political activities as Ilievski (2015, 2) argue is aimed at “establishing unifed law, creating common institutions, developing decision-making center, and projecting identity.” In this case, the units (states) delegate their autonomy to the center or the community.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

12

Korwa Gombe Adar et al.

In many respects, it can be argued that this process of integration has elements of Hobbesian, Lockean, Roussean, and Kantian, among others, social contract philosophical underpinnings. Social contract in this sense implies individual integration in the community. As Ilievski (2015, 3) correctly observe, “The subjects of the integration are the individuals, which limit their freedom in a [sic] favor of a newly established political community.” In the philosophical conception of Thomas Hobbes, the Leviathan (the state led by absolute sovereign) becomes the solution to humans whose selfshness is characterized with warlike conditions. The state is therefore the key in the integration process. In the philosophical conceptions of John Locke human life, liberty, and property rights are intertwined with the state and individual integration in the community (Locke 2006). In the context of Jean Jacques Rousseau on the other hand, social contract leads to social consensus, with individual integration incorporated in the process (Graham 2015). As Rousseau opined in one of his writings, “It is the common people who compose the human race; what are not the people is hardly worth taking into account. Man is the same in all ranks; that being so, the ranks which are most numerous deserve most respect” (Morley 1886, 226). In this case, individual integration in a community is part of Rousseau’s conception of social contract. In the context of Immanuel Kant, it can be argued that perpetual peace driven by rights and freedom promotes individual integration in a community. Integration project in the EAC is infuenced particularly by neofunctionalist thinking. Neofunctionalism can be defned to mean a process of integration which develops through a gradual integration from one specifc sector to another, with functional spillover effects at the functional and political levels. The concept spillover has been defned to mean “the process whereby a given action, related to a specifc goal, creates a situation in which the original goal can be assured only by taking further actions, which in turn create a further condition and a need for more and so forth” (Lindberg 1963, 9). Functional spillover, as Lindberg (1963) argues, comes about when an objective in relation to integration in a sector can be assured by taking action in other sectors. Political spillover is the process whereby political elites realize that major problems cannot be resolved at the domestic level, but through cooperation at the regional level. Niemann and Ioannou (2015) also argue that the role of supranational institutions lead to what they call cultivated spillover, that is, once established organizations increase their powers by fostering integration process through directives to member states. This neofunctionalist thinking is incorporated in a number of Articles in the EAC Treaty, particularly Articles 5(2), 7(1), and 123. Article 5(2) of the EAC Treaty, for example, provides in part that “in pursuance of the provisions of

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Introduction

13

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” (EAC 2002, Article 5(2)). Article 7 deals with the operational principles of the community. Article 7(1) (a) which provides for “people-centred and market-driven” process of integration, it can be argued, incorporates the idea of individual integration. Articles 123 outlines cooperation in political affairs among the EAC Partner States which in the view of the founding fathers of the EAC II would lay the foundation for “the eventual establishment of a political federation of the Partner States” (EAC 2002, Article 123 (1)). The processes entailed in Articles 5(2), 7(1), and 123(1) are governed by the fundamental principles of the community enshrined in Article 6 which include, among others, mutual trust, political will, sovereign equality, peaceful coexistence, good neighborliness, peaceful settlement of disputes, good governance, democracy, the rule of law, gender equality, accountability, and transparency. The Articles in the Treaty provide explicit neofunctional incremental (Hamad 2016; Adar 2005) undertaking put in place by the founding fathers of the community and meant to lay the foundation for the EAC-identity for purposes of the enlargement of democratization, eastafricanization, eastafricanness, and integration, our key theoretical and conceptual underpinnings in the study. Figure 0.1 depicts the interlocking factors associated with the EAC integration process. We take cognizance of the fact that the prevailing intramember state, intermember states, intra-EAC, and intermember states-EAC interlocking cobweb of linkages are more complex than depicted in fgure 0.1 in this study. Figure 0.1 is meant to provide a general picture of what we consider to be the historical missing genuine link between the East African citizens and the EAC integration agenda. The 1948–1960 EAHC (fgure 0.1) operated at a time when the East African citizens had not acquired their individual sovereignty through self-determination and by implication were still considered objects of international law. As indicated in fgure 0.1 by dotted lines, popular participation by the EAC citizens was nonexistent. As shown in fgure 0.1, even though the East African citizens acquired their self-determination following the decolonization in the 1960s and by implication becoming subjects of international with sovereign rights, popular participation has historically remained an elusive concept for the East Africans particularly in relation to the operational functions of the EACSO (1960–1967), the EAC I (1967– 1977), and the EAC II (2000–). The election of the EALA representatives in the National Assemblies of the Partner States as provided for in Article 50 of the EAC Treaty does not, in our view, directly confer integration rights on the East African citizens.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Figure 0.1  Toward EAC Citizens’ Sovereignty versus Democratization and Integration Nexus.

Korwa Gombe Adar et al.

Copyright © 2020. Lexington Books. All rights reserved.

14

Introduction

15

Copyright © 2020. Lexington Books. All rights reserved.

THE UNDERLYING EPISTEMOLOGICAL DEBATE: SYNOPSIS OF THE CHAPTERS As we have explained, integration is about citizens, that is, human agency, and not necessarily the abstract ontological entities, called nation-states (read, partner/member states) and as such it is imperative that they, East Africans, exercise their sovereign rights a priori in relation to the development of the EAC the integration agenda. The chapters in this book examine the complex issues and epistemological debates thereof` focusing on, inter alia, the concepts of democratization, eastafricanization, eastafricanness, East African citizens’ sovereignty, integration, and popular participation. In order to comprehensively capture and assess these complex, but interrelated, centrifugal and centripetal factors as well as issue areas inherent in the epistemological debate, this book is divided into three parts. Using the case studies of the member states, part I of the book focuses on political dimensions. The debate in these chapters is centered on the key concepts of citizens’ sovereignty, popular participation, eastafricanness, and eastafricanization, democratization, among others, and their linkages thereof to the East African citizens and the integration agenda. In other words, where is the locus of the East African citizens’ in the integration agenda? Chapter 1 by Pontian G. Okoth sets the stage by tracing, from a historical trajectory, the EAC integration agenda. Okoth puts into proper perspective the role and operational functions of the EALA as provided for in the EAC I and the EAC II treaties. These are analyzed in relation to the EAC citizens’ sovereignty. Okoth identifes and analyzes a number of areas in which the EAC citizens are accorded the opportunity to participate in the integration agenda. However, as Okoth opines, since the 1960s with the establishment of the EAC I, the EALA continues not to refect and “enhance representative democracy” particularly when representation of nine (9) from each member state is calculated vis-à-vis the total population of each member state. The retention of this historical magic number of nine EALA representatives per member state irrespective of the population growth since the 1960s, Okoth observes, remains questionable and a mystifcation. Alfred Burimaso, chapter 2, deals with the case of Burindi since the country was admitted into the EAC membership in 2007. Burimaso observes that due to the persistent internal political crisis in Burundi, participation by the citizens of Burundi in the EAC integration agenda remains at the rudimentary level. As the author observes the election of the Burundi EALA representatives based on what is known as established list and block list gives the citizens minimal input particularly in relation to representative democracy. These and other related issues are developed in the chapter by Burimaso. In chapter 3, Mercy Kathambi Kaburu and Korwa Gombe Adar assess the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

16

Korwa Gombe Adar et al.

genuine link or lack thereof between the sovereign rights of Kenya citizens and Kenya EALA representatives. The Kenya citizens’ EALA representatives’ nexus is examined in the context of the key concepts as well as the EAC integration agenda. The authors argue that the centralization of the EALA electoral process within the National Assembly in conformity with the EAC Treaty has not only denied the Kenya citizens’ right of popular participation but has also encouraged and institutionalized political patronage and nepotism. Rwanda joined the EAC in 2007, and has since then been one of the proactive member states in the region. Nicasius Achu Check in chapter 4 on Rwanda analyzes into details the potential benefts the country stands to achieve by joining the EAC. The author assesses the nexus between the citizens of Rwanda vis-à-vis their representatives in EALA. Yosa Wawa, in chapter 5, puts into perspective South Sudan’s internal instability and its implications on the country’s participation in the EAC integration agenda. He analyzes the interplay between the Legislative Assembly and the Presidency, with the latter exerting more institutional infuence in relation to the elections of EALA representatives. The author gives an interesting example in which the EACJ ruled against the list of EALA representatives submitted to the EAC by South Sudan. The EACJ ruling forced South Sudan to revisit the rules governing the electoral process as provided for by the EAC Treaty, a practical example of eastafricanization. In chapter 6, Nicodemus Minde examines Tanzania’s participation in the EAC integration agenda. Minde states that though its policy toward the EAC has historically been punctuated with nationalistic tendencies, John Joseph Pombe Magufuli has, since taking over the presidency in 2015, encouraged the “spirit and culture of eastafricanness and eastafricanization.” On the question of Tanzania citizens’ popular participation, Minde observes that electoral process of EALA representatives is still characterized by political patronage and dominance of the CCM. The case of Uganda (chapter 7), one of the EAC founding member states, is analyzed by Aaron Ayeta Mulyanyuma. The author argues that Uganda citizens’ participation in the EAC integration agenda is limited and remains the preserve of the political leaders. In part II of the book, the chapter contributors focus on the legal dimensions with special emphasis on the EAC citizens’ sovereignty, national constitutions, and the EAC Treaty nexus. Francis Xavier Senene (chapter 8) states that since Burundi joined the EAC in 2007, the Constitution of the country has been amended to accommodate the integration agenda. However, on the question of popular participation he argues that Article 50(1) of the EAC Treaty deprives the citizens of Burundi their sovereign rights to take part in direct development of the laws of the regional organization. More specifcally, he argues that the EAC Treaty confers electoral process of EALA representatives on national assemblies of the Partner States. In chapter 9,

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Introduction

17

PLO-Lumumba traces the history of integration within the region from the precolonial period. He notes that the existence of the Court of Appeal for East Africa (CAEA) established in 1902 is also one of the examples, which attests to the efforts of the colonialists in their endeavor to promote integration in the region. The author argues that the involvement of the East African citizens in the EAC II integration agenda is still at its rudimentary stage. PLO-Lumumba observes that “even within East African Parliaments ‘East Africanism’ is not palpable.” Rwanda has made a lot of strides in the areas of economic, political, and constitutional developments, particularly since the 1994 genocide. Andre Mbata Mangu in chapter 10 on Rwanda observes that the country is bound by the EAC Treaty following accession to the regional Constitution in 2007. He argues that the nexus between Rwanda citizens’ sovereignty and the EAC exists given the country’s accession to the Treaty. Chapter 11 by Petro Protas and Juliana Masabo traces the linkage between Tanzania citizens’ sovereignty and the Constitution of the country as well as in relation to the EAC Treaty. They argue that the EAC Treaty does not confer what they call “Community citizens or EAC-citizens” on East Africans. These observations are well developed in the chapter in relation to the EAC and Tanzania in particular. In chapter 12 on Uganda, Kasaija Phillip Apuuli observes that the EALA representatives from Uganda are more accountable to the leadership in the country than the people. Part III of the book focuses on the EAC citizens’ sovereignty and the EAC nexus, with a special emphasis on communication and awareness dimensions. Chapter 13 by Clement Bigirimana deals with the case study of Burundi. In the chapter, Bigirimana argues that as a French-speaking country, Burundi has what he calls double identity in the EAC. The double identity conception according to Bigirimana makes Burundi an asset within the EAC mainly because the country is on edge geographically with ECCAS. Bigirimana develops this linkage and the potential benefts thereof in the chapter. In relation to eastafricanness, Bigirimana argues that Burundi still needs to popularize English and Kiswahili languages which are widely spoken in the EAC region. Chapter 14 by Agnes Lucy Lando and Faith Wariara Nguru deals with the case study of Kenya. Focusing their analysis on the data they collected through interviews and survey, Lando and Nguru found out that Kenya citizens’ awareness about the EAC integration agenda remains perfunctory due to lack of clear efforts on the part of the leadership across the political divide. Lando and Nguru develop these and other issues into details in the chapter. Willy Mugenzi in chapter 15 traces the nexus between Rwanda citizens’ sovereignty and the EAC integration agenda since 2007, the year the country became a member state. More specifcally, Mugenzi assesses the level of awareness of Rwanda citizens in relation to the EAC integration agenda. The author observes that awareness of the EAC integration is low, a fact which is infuenced mainly by

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

18

Korwa Gombe Adar et al.

lack of direct participation by the citizens of the country on the EAC issues, particularly in relation to the elections of Rwanda representatives in EALA. Martin Logo Gogonya (chapter 16) on South Sudan argues that the EAC integration agenda remains the domain of the top leadership in the country making the issue of awareness by the citizens of South Sudan remote. He observes that the perpetual internal confict in South Sudan makes the issue of the EAC integration agenda less of a priority in the country. In chapter 17, Hassan Abbasi traces Tanzania citizens’ awareness of the EAC integration goals and objectives. Abbasi offers recommendations which, in his view, have the potential of popularizing and promoting awareness of the EAC integration agenda in Tanzania and the region in general. Focusing on the case study of Uganda, Emilly Comfort Maractho, chapter 18, puts into perspective Uganda citizens’ sovereignty and the EAC nexus, particularly in relation to their awareness of the integration agenda. The author observes that Uganda has not put in place an offcial communication policy—a situation, Maractho argues, that continues to impose limitations on the possibilities of the enlargement and consolidation of Uganda citizens’ awareness of the EAC integration agenda.

Copyright © 2020. Lexington Books. All rights reserved.

REFERENCES Acheampong, Kenneth. 2000. “Human Rights and the African Renaissance.” African Journal of Political Science 5, no. 1: 105–123. Adar, Korwa G. 2018. “Sovereignty of East Africans in the Balance: The Role of the East African Legislative Assembly and the Integration Process of the EAC.” In Building Regionalism from Below: The Role of Parliaments and Civil Society in Regional Integration in Africa, edited by Korwa G. Adar, Giovanni Finizio, and Angela Meyer, 65–89. Brussels: Peter Lang Publishers. Adar, Korwa G. 2014. “East African Community.” In The Democratization of International Institutions: First International Democracy Report, edited by Lucio Levi, Giovanni Finizio, and Nicola Vallinoto, 230–241. London: Routledge. Adar, Korwa G. 2010. “Fast Tracking Federation: A Problematic Dynamic?” In A Region in Transition: Towards a New Integration Agenda in East Africa, edited by Rok Ajulu, 64–98. Midrand: Institute for Global Dialogue. Adar, Korwa G. 2008. “Fast Tracking East African Political Federation: The Role and Limitations of the East African Legislative Assembly.” Africa Insight 37, no. 4: 76–97. Adar, Korwa G. 2005. “New Regionalism and Regional Reconstruction. The Case of the East African Community.” Politeia: Journal for Political Science and Public Administration 24, no. 1: 28–48. Auel, Katrin. 2013. “De-Parliamentarisation Re-Considered: Representation without Corresponding Communication in European Affairs.” Paper Prepared for the 13th Biennial Conference of the European Union Studies Association, Baltimore,

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Introduction

19

9–11 May: 1–24. http:​//www​.ihs.​ac.at​/publ​icati​ons/p​ol/pa​perAuelEUSA2013.pdf. Accessed April 2, 2018. Bakari, Mohamed, and Samuel S. Mushi. 2005. “Prerequisites for Democratic Consolidation in Tanzania.” In Democratic Transition in East Africa by REDET publication, 31–48. Dar es Salaam: E & D Limited. Bickerton, Christopher J., Philip Cunliffe, and Alexander Gourevitch. 2015. Politics without Sovereignty A Critique of Contemporary International Relations. Oxford: University College London Press. Biira, Catherine Promise. 2017. Crafting a Political Union: Collective Identity Dynamics in the East African Community. Nairobi: Catholic University of East Africa Press. Brewer, Marilynn B. 2007. “The Importance of Being We: Human Nature and Intergroup Relations.” American Psychologist 62, no. 8: 728–738. Campbell, Angus, et al. 1960. The American Voter. New York: John Wiley & Sons. Castellus, Manuel. 1996. The Rise of the Network Society, The Information Age: Economy, Society and Culture. Oxford: Blackwell. Delupis, Ingrid D. 1970. The East African Community and Common Market. London: Longman. De Vree, Johan K. 1972. Political Integration: The Formation of Theory and Its Problems. Paris: Mouton. East African Community. 2002. Treaty for the Establishment of the East African Community (As amended on December 14, 2006 and August 20, 2007). Arusha: EAC Secretariat. East African Community. n.d. Protocol on Governance (Draft). http:​www.e​ac.in​t/fed​ erati​on/in​dex.p​hp?op​tion=​com_d​ocman​&task​=doc-​detai​ls&gi​d=144​&Item​id-36​. Accessed March 20, 2018. Graham, George J. 2015. “Rousseau Concept of Consensus.” Political Science Quarterly 85, no. 1: 80–98. Haas, Ernst. 2008. Beyond the Nation State: Functionalism and International Organization. London: ECPR Books. Haas, Ernst. 1958. The Uniting of Europe: Political, Social and Economic Forces, 1950–1957. Stanford: Stanford University Press. Hamad, Hamad B. 2016. “Neo-Functionalism: Relevance for EAC Integration.” Africology: The Journal of Pan-African Studies 19, no. 7: 69–81. Heywood, Andrew. 2004. Political Theory: An Introduction. New York: Palgrave Macmillan. Ilievski, Nikola L. J. 2015. “The Concept of Political Integration: The Perspectives of Neofunctionalism Theory.” Journal of Liberty and International Affairs 1, no. 1: 1–14. Keohane, R., and S. Hoffmann, ed. 1991. The New European Community. Boulder: Westview. La France, Guy, ed. 1989. Studies of the Social Contract. Ottawa, Canada: Ottawa University Press. Lindberg, Leon N. 1963. The Political Dynamics of European Economic Integration. Stanford: Stanford University Press.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

20

Korwa Gombe Adar et al.

Copyright © 2020. Lexington Books. All rights reserved.

Linz, Juan. 1990. “The Perils of Presidentialism.” Journal of Democracy 1, no. 1: 51–59. Locke, John. 2006. A Letter Concerning Toleration & Two Treatises of Government. Skopje: Az-Buki. Translated to Macedonian: Stamatov Aleksandar & Nichevski Dejan. Maiyo, Josh. 2008. Political Parties and Intra-Party Democracy in East Africa: From Representative to Participatory Democracy. Unpublished MA Thesis. African Studies Centre, Leiden University, The Netherlands. Mitrany, David. 1966. A Working Peace System. Chicago: Quadrangle Books. Morley, John. 1886. Rousseau. London: Macmillan & Co. Niemann, Arne, and Demosthenes Ioannou. 2015. “European Economic Integration in Times of Crisis: A Case of Neofunctionalism.” Journal of European Public Policy 22, no. 3: 1–33. Papanagnou, G., S. Kingah, and L. van Langenhove. 2014. Democracy Building in the Regional Context: Insights from the European Parliament and Beyond. Stockholm: International IDEA. Tajfel, H., and J. M. F. Jaspars. 1981. Human Groups and Social Categories. Cambridge: Cambridge University Press. Taylor, Donald M., and Fathali M. Moghaddan. 1996. Theories of Intergroup Relations. Westport, CT: Praeger. United Nations. 1987. Human Rights: Questions and Answers. New York: United Nations. Wanyama, Fredrick O. 2010. “Voting Without Institutionalized Political Parties: Primaries, Manifestos and the 2007 General Elections in Kenya.” In Tensions and Reversals in Democratic Transitions: The Kenya 2007 General Elections, edited by Karuti Kanyinga and Duncan Okello, 61–100. Nairobi: SID and IDS.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 1

The Locus of the EAC Citizens’ Sovereignty and Popular Participation in the Integration Project Pontian G. Okoth

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION The literature on regional integration espouses a tri-pronged dimension to regional integration. According to Nye (1968, 860), integration has three dimensions: economic integration which entails the formation of a transnational economy; social integration which entails the formation of a transnational society; and political integration which entails the formation of transnational political interdependence. Political integration, according to Jacob et al. (1964, 18), implies a relationship of a given community that possesses a feeling of identity and self-awareness, toward collective action for the promotion of its mutual interests. They also argue that there are two critical subcategories of institutional integration, namely jurisdictional and bureaucratic. Jurisdictional integration is measured by looking at decisionmaking at the supranational level. This supranational integration scheme can be distinguished based on various levels of binding decisions, which include the following measures (Jacob et al. 1964, 19). The European Union (EU), for example, has both jurisdictional and bureaucratic integration vested in its core institutions, which are the European Council (EC), the European Parliament (EP), the European Commission (EC), the European Court of Justice (ECJ), and the European Central Bank (ECB). In all these institutions, the EU citizens are consulted and their opinions considered during decision-making and implementation of policies. Thus, the EU which has proven to be a vehicle for peaceful channeling and bypassing national antagonisms and thus earned its place as one of the most remarkable developments in the area of international integration relationships (Nye 1968, 863) 21

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

22

Pontian G. Okoth

In contrast, regional integration in Africa, according to Nyong’o (1990, 2) is dogged by contradictions stemming from the absence of a clear consensus on the benefts of integration, lack of political will necessary to make it work, vested interests, and a proliferation of a variety of groupings with multiple memberships. This observation rings true for the EAC and serves to complicate its regional integration agenda. Ultimately, the EAC desires to become a political federation. However, it suffers from several institutional challenges that ought to be addressed for the successful achievement of its goals. Early attempts at EAC regional integration began in the colonial era. Muthaura (2001, 49) believes the integration of the EAC is a process based on the experience that the three initial Partner States (Kenya, Uganda, and Tanzania) had resulting from their experiences under the defunct EAC of 1967–1977 and the East African Common Services (EACSO) of 1961–1967 and the challenges of the globalization of economic, monetary, and information policies of the new world order. On his part, Straubhaar (2001, 29) suggests that the “new” EAC can beneft substantially from anticipating potential controversial issues well in advance. One of these issues is the anatomy of the East African Legislative Assembly (EALA). The main purpose for the establishment of legislative arms is to be the voice of the people through representation by a select few, to either national or regional parliaments. These parliaments are required to be the project and promote the interest of the citizens through popular participation in matters that affect them directly or indirectly. According to Schmitter and Trechsel (2005, 1), democracy in any polity be it the local, national, or supranational level espouses a number of ideals, including key among them, a sovereign citizenry; second, a transparent polity; and third, a supremely accountable and disposable ruler. It is these key tenets that the two scholars see defning the paths that both polities and citizens should follow if they are to satisfy a plurality of needs emanating from a highly diversifed demos (Schmitter and Trechsel 2005, 1). In an analysis of the democratization of international organizations, Nilsson (2007, 15) assesses the politics of supranationalism in Latin America focusing on Mercosur that draws its membership from Latin American countries such as Argentina, Brazil, Uruguay, Paraguay, and Venezula. Mercosur was created in 1994 as an attempt by Latin American countries to enhance economic cooperation and consolidate democracy in the region. To this end, therefore, it was an integration project geared toward surging the uptake of the democratization project in a region reeling from decades of rulership by military juntas (Nilsson 2007, 15). The challenge, however, with the regional integration project and the subsequent democratization project by Mercosur is that it is different to other

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

The Locus of the EAC Citizens’ Sovereignty

23

integration projects owing to the region’s strong history of state intervention and scarce civil participation, as well as a prominent presidentialism and a current lack of transparency. However, Nilsson (2007, 13) shies away from assessing the input of Mercosur’s representative assembly as an aid to development toward democracy (Nilsson 2007, 13). In assessing the EU’s Parliament, Miller and Lunn (2014, 17) postulate that to assess the democratization project within supranational institutions, the organization must be measured within the tenets of liberal democracy. Liberal democracy as the two scholars postulate has a strong affnity for the principle of representation. The two scholars assess the reinvigoration of democracy at the international level and argue that the democratic legitimacy of the EU has long been questioned. This argument is particularly so with regard to the legislative powers of the European Parliament. Over the years, they postulate that Treaty amendments have enhanced the powers of the EP providing for citizen consultations on major policy initiatives at the EU (Miller and Lunn 2014, 17). In addition, while there are now more opportunities for Europeans citizens to infuence the EU in general and the EP in particular through petitions and the new “citizens’ initiative,” research by opinion polling institutions are of the view that these have not brought the European Parliament much closer to its citizens (Miller and Lunn 2014, 19). This view is justifed by Schmidt and Monnet (2004, 976) who postulate that democratic legitimacy for the EP is problematic if the EU is to be seen as a future nation-state (Schmidt and Monnet 2004, 976). A study by King’s College London done in 2016 found out that understanding the democratization of international organizations, such as the EU is a complex affair. The reason for this is that international organizations are a product of international agreements (Kings College London 2016). International agreements, the two scholars argue, are usually negotiated by governments, who act on behalf of their citizens in discussions. The challenge with agreements of this type is that they are negotiated at a greater distance from ordinary voters and this raises a new set of democratic challenges in ensuring citizens can make their voices heard (Kings College London 2016). For Habermas (2017, 179), the challenge for the regional integration scheme is that each European citizen fnds herself in a dual role as a citizen of the EU and a citizen of their respective state of origin. To this end, he postulates that, while the EU citizens strive for supranational democracy, they are also interested in preserving the domestic structures of self-government thus complicating the quest for democratizing the regional body. This can also be said to be true in the case of the EAC.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

24

Pontian G. Okoth

Copyright © 2020. Lexington Books. All rights reserved.

HISTORICAL BACKGROUND TO THE EALA AND ITS OPERATIONS After World War II, states have endeavored to maintain peaceful coexistence as well as the establishment of international, regional, and subregional organizations to foster issues of development, peace, and security through integration and cooperation. These processes are geared toward the creation of a logical security community. The essence of cooperation is basically to ensure that peace and security are maintained. The assumption of this argument is that groups of states in a certain region need primary security concerns of their region or subregion addressed. To this effect, they are viewed to be closely interlinked to the extent that their national security cannot be realistically considered apart from one another. As a process, regional integration entails the process whereby political actors drawn from several distinct national polities are swayed to shift their allegiances, expectations, and political activities toward a new political center. As a result, the institutions formed possess or demand jurisdiction over the preexisting national state (Haas 1958, 16). Within the Horn of Africa region, the republics of Kenya, Uganda, Tanzania, Rwanda, Burundi, and South Sudan, joined together and formed the EAC, one of the successful regional economic communities (RECs) in the African region. The seeds of regional integration within the East Africa subregion were planted by the British colonialists (see also chapter 9). The colonial powers needed to consolidate their grip on Kenya, Uganda, and Tanganyika. Therefore, they formalized cooperation among these countries through social, political, and economic integration. This cooperation existed from 1903 to 1947 (Nyakwaka 2007, 137). Better structures for cooperation were set up between 1948 and 1961. This period saw the formation of among other regional agencies, the Central Legislative Assembly (CLA) or the Legislative Council (LEGCO) in 1948 which was the main decision-making body (Tulya-Muhika 1995, 6). The CLA had limited powers (Adar 2014, 6). Bills tabled and debated on in the parliament were subjected to scrutiny by the Governors of each Protectorate. They could also be vetoed by the East African High Commission, the top organ of the organization (Delupis 1970, 29). According to Adar (2014, 6), the roots of the EAC can be traced to the 1960s when the desires of pax-East Africanism were legitimized by the postcolonial integrationist euphoria as well as the Pan-Africanist leaders of the three East African countries, namely Jomo Kenyatta of Kenya, Julius K. Nyerere of Tanzania, and Milton Obote of Uganda who wanted to marshal support for an East African political federation as a springboard to regional integration (Adar 2014, 4). This desire for a political federation was aroused when the three East African leaders signed the Nairobi Declaration in 1963

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

The Locus of the EAC Citizens’ Sovereignty

25

which committed the three countries to establishing an East African political federation by 1964 in the spirit that such a political federation was driven by a great urge among the populace for unity and an appreciation of the signifcance of federation. The leaders’ quest for a political federation was also driven in part by similar historical experiences (Adar 2014, 5). With national realities of the individual states such as Cold War alignments becoming a stumbling block to the quest for political federation, however, the top echelons of the three East African states had no alternative other than to rewrite their integrationist strategy by opting for a federation that was primarily economic-driven. It is in this backdrop that saw the three countries sign the East African Cooperation Treaty in 1967 establishing the frst East African integrationist organization, the East African Cooperation. With economic cooperation being the sole driving force of the integration scheme, the three countries opted for a joint ownership of common services (Adar 2005, 37). In 1977, however, following a decade of operation, the East African Cooperation broke up raising key issues on the nature and sustainability of regional cooperation in Africa. In addition, the breakup served as proof enough that economic integration under regional groupings devoid of political integration which was thought to have the necessary ingredients to override political concerns was a farce (Potholm 1979, 45). In 1999 however, the EAC was reinvented by member states of the three founding members of the frst regional economic scheme. Like the mythical phoenix, the EAC arose from the ashes of the East African Cooperation which collapsed in 1977. The new EAC sought to bestow sovereignty unto the people on the direction of their regional integration scheme through a legislature that would advance their interests. Against this backdrop, the new EAC Treaty envisaged under Article 49 of the East African Community Treaty (EAC 2002, 39) an EALA as the key legislative organ of the Community. The core mandate of the EALA is legislation, oversight, and representation. The founding Treaty to the regional integration scheme envisages an assembly that furthers the aspirations of a regional political community by liaising with the National Assemblies of the Community’s state members on matters relating to the scheme. In addition, the assembly is mandated with the task of debating and approving the Community’s budget and considers annual reports on the Community’s activities (EAC 2002, 38). Members of the regional Assembly are elected for a renewable fve-year term by their respective National Assemblies with a prerequisite for the ninemember country delegation to be a representation of the political diversity as of the electing Assembly (Adar 2014, 5). Other members of the regional assembly are eight ex-offcio Members (the EACs Secretary General, EAC Ministers of each Partner State responsible for regional cooperation and the legal counsel of the Community) bringing the total membership to sixty-two.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

26

Pontian G. Okoth

This is unlike the members of parliament of the national assemblies of the Partner States, who were directly elected by the citizenry via universal suffrage. Furthermore, there was a call for diversity by gender and special interests such as the business world, civil societies, and former civil service members (East African Legislative Assembly 2011). According to Terlinden (2004, 7), the EALA also debates audit reports as well as initiating bills in the Assembly. These bills are normally introduced by the member(s) of the assembly. Furthermore, the EALA may request the scheme’s Council to submit to it proposals on matters related to integration that may require the attention and scrutiny of the EALA (Terlinden 2004, 7). The Treaty establishing the EAC (EAC 2002, 39) mandates the national assemblies of the Partner States of the EAC which were obliged to enact domestic and an enabling law to domesticate the Treaty. In early 2001, Tanzania became the frst country to make rules guiding the election of its representatives to the regional legislative assembly. According to Ang’ila (2004, 2), these rules were subsequently used as a precedent in Uganda and Kenya (Ang’ila 2004, 2). The EALA holds its proceedings at least once annually. It is organized in seven Standing Committees. These committees include the Accounts Committee; the Legal, Rules, and Privileges Committee; the Regional Affairs and Confict Resolution Committee; the General Purposes Committee; the House Business Committee; the Transport, Trade and Investment Committee; the Tourism, Wildlife, and Natural Resources Committee; and the Appointments Committee. According to Kamala (2006, 8), these parliamentary committees serve important functions as they provide useful and detailed information which help the Assembly in its deliberations. In the event that a bill is enacted by the regional parliament and assented to by the Heads of State or Government of Partner States, it becomes an Act of the Community (Kamala 2006, 8). The key functions of the Assembly include representation, legislation, and oversight. The public has an opportunity to contribute ideas to this organ through their representatives. The legislators of the Assembly are required to communicate to their people through consultations, mobilizations, and other avenues. This means that the policies are conducted as per the wishes of the people (Nzioki 2013, 62). There are expert working groups which are composed of East African citizens who have expertise in different felds. They are invited by the Community to contribute to matters on policy formulation. The experts are sourced from any feld which the Community is interested in getting information from. The relevant experts are contacted from any suitable member state from the Community. Therefore, this provides an opportunity for the public to participate in (Nzioki 2013, 65). In the same Article 127, Section 2 is concerned with the improvement of business environment which promotes investments within the Community.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

The Locus of the EAC Citizens’ Sovereignty

27

This is done through protecting property and also through appropriate regulation of the Community’s private sector. The public is made free to move to any partner state to trade. Further to this, border immigration regulations of the Community have been lessened, and one-stop border points are promoted. These border points allow citizens of any state to use their national identifcation cards to cross over to another member state. This cross border initiative is a critical strategy adopted by EALA to promote public participation in the community. Through this strategy, citizens from around the border points of the community are sensitized through public barazas, road shows, and the “meet people to people tours” which allow for their participation in the affairs of the Community (Lwaitama et al. 2012, 22). Through the National Assembly and Ministries of the EAC, the national assemblies of the Partner States have stratifed various treaties and protocols regarding the EAC. This is conducted on behalf of the East African people meaning that the public have an opportunity to make contributions through the elected representatives. Further to this, the Ministries of the EAC have a partner strategy which acts as a link connecting the community’s organs and the citizens. This means that the citizens have a right to seek audience with the ministry’s staff that can be done through either writing or conferences. This shows that the people have a way of infuencing policy (Odhiambo 2010, 56). Another opportunity is through the Secretary General’s forum. The Secretary-General as the head of the EAC secretariat is required to annually hold three special meetings with nonstate actors and also members of the public. This is popularly known as the 3.6’s forum. It is in this forum where members of the public can directly infuence policy through meeting with policy implementers positioned in the secretariat (Odhiambo 2010, 56). Kidega (2016, 3) noted in a speech to the members that EALA as a regional Assembly has a rigorous and enviable task of legislation, oversight and also the representation of over 130 million citizens of the EAC region. He argued that experience has shown that regional integration cannot succeed if the policies are not people-centered. He further reiterated the fact that one of the main causes of the collapse of previous EAC regional integration arrangements including the frst EAC (1967–77), was the low level of involvement of stakeholders in their activities. This is why the new arrangement emphasizes the popular participation of all stakeholders. According to the Society for International Development (2018), the vantage position the EALA holds over other regionalized legislative assemblies is that it is vested with full powers in respect of these traditional functions of a Parliament. For instance, the European Parliament does not have full legislative powers such as the ones enjoyed by the EALA. The EALAs power is expressly defned in the Treaty establishing the EAC. These powers accord the EALA with the same functions as the national assemblies of its member

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

28

Pontian G. Okoth

states such as legislation, oversight and representation. This places it at a vantage position in ensuring that the EAC delivers the expectations of the East African people (Society for International Development 2018).

Copyright © 2020. Lexington Books. All rights reserved.

THE LOCUS OF CITIZENS’ PARTICIPATION IN THE INTEGRATION PROJECT As earlier opined, unlike the members of parliament of the constituting member states who were directly elected by the citizenry via universal suffrage, members of the EALA are indirectly elected for a renewable fve-year term by their respective national assemblies. Here, each constituting member state elects nine members with the election of the representation focusing on the political diversity of the electing national assembly. Diversity by gender and special interests such as the business world, civil societies, and former civil service members among other distinct societal groups is also a requirement (East African Legislative Assembly 2011). In a liberal democratic continuum, each and every assembly that is supposed to enact laws on behalf of the people is supposed to derive its mandate and legislative authority from the electorate to whom they also owe its undivided loyalty. With regard to the EAC under its establishing Treaty, this is not the case with the EALA as the establishing Treaty empowers the political parties and other interested parties, to participate in the nomination and thereafter election by parliament of the representatives to the EALA in effecting shifting their loyalty to the nominating bodies; the political parties and the respective national assemblies; as opposed to the electorates. Adar (2014, 22) posits that one of the key challenges of the Treaty establishing the EAC is that it does not confer sovereign rights on the people of East Africa through a direct participatory electoral process as East African citizens do not participate in direct elections of the representatives to the EALA. This is despite the fact that these representatives are supposed to advance the interests of the people in executing their legislative responsibilities (Adar 2014, 23). Furthermore, the integration scheme’s process is largely dictated by elite and state-focused forces. For instance, the initial approach of trying to fast track the establishment of the East African federation through a decision by the Summit to establish the Wako Committee led by the then Kenyan Attorney General, Hon. Amos Wako, in 2004 to study the feasibility of fast tracking the political federation of the EAC. One short fall of the report generated by the Wako Committee is that the feasibility study was undertaken without the regional citizens’ participation. This action was against the spirit and provisions of the Treaty and a departure from a people-centered community to a leaders-centered community. This

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

The Locus of the EAC Citizens’ Sovereignty

29

turned the EAC into a largely state-driven entity, right from the level of the nomination of candidates by political parties to the elections of the EALA’s representatives. The nomination is done by the Partner States’ national assemblies (Kabudi 2007, 27). It is also worth noting that the EAC and its constituent organs such as the EALA like most international governmental organizations (IGOs) have been established by a Treaty. This supranational nature of the EAC makes its activities to be largely state-driven and elite-led. While the EALA has more powers than most regional assemblies, the challenge with it is that it still lacks autonomous sovereign authority, particularly in relation to the East African Community’s Summit and the Council as well as national legislative assemblies of the member states. This makes the assembly unable to exercise the sovereign will of the people at the supranational level (Adar 2014, 24). In addition, the EALA faces a number of structural challenges. According to Adar (2014, 24), the fact that the EALA meets once a year which is by and large limited to dealing with matters of enormous magnitude and great importance that affect the EAC reduces the legislative authority of the Assembly. What is also critical to observe on the issue of the elections of the EALA representatives is that political parties in East African Countries owing to the relatively young nature of democracy this part of the world, is that they are yet to mature as institutions. As such, these political parties are still grappling with their own internal democracy enlargement especially with regards to how to consolidate institutional structures necessary for broadening their own internal democratic space (Adar 2014, 23). This argument is supported by Ang’ila (2004, 3) who drawing from the experiences of the frst three member states, Kenya, Uganda, and Tanzania, where public participation was next to zero. In Tanzania, for instance, there were no public advertisements preceding the EALA nominations and elections, despite the fact that the processes around the nominations and elections elicited a lot of public attention and comment, a scenario reiterated in the other member states. In Uganda, while the elections of the nominees/applicants were done on the foor of the Uganda Parliament with each nominee being required to make a presentation and answer questions, there was zero public participation beyond the Ugandan parliament. In Kenya and Tanzania, the nominations and elections followed party lines. Here, the nominations were done through different parties’ caucuses followed by election on the foor of parliament (Ang’ila 2004, 3). Another concern raised by Ang’ila (2004, 4) regards the diversity of the nomination and election process. As Ang’ila postulates, while gender and political diversity were key considerations, there have been innumerable cases of dissatisfaction in some quarters across the East African region. In

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

30

Pontian G. Okoth

Uganda and Tanzania, for instance, the representation of gender interests was a critical criterion and its impact was well vindicated in the membership. This, however, was not the case in Kenya particularly before the promulgation of the 2010 Constitution that mandated all public positions to be represented by at least a third of either gender (Ang’ila 2004, 4). In addition, the political parties in East Africa are in most cases dominated by personalities, which by extension make the issue of patronage and nepotism the key determining factors for the candidacy of the EALA. This renders the electoral process the EALA questionable (Adar 2011, 23). In 2012, for instance, the Kenyan Parliament was subjected personality politics taking center stage as the Assembly elected nine nominees to the EALA during a special session in a largely peaceful vote. This was because then rebel MPs from the Orange Democratic Movement (ODM); then-Eldoret North MP William Ruto and then-deputy prime minister Musalia Mudavadi met to decide on fve out of nine nominees earlier cleared to contest the elections. The duo had threatened to shoot down the list of nominees from ODM on account that they failed to get requisite slots in the party, owing to the fact that the party leader Raila Odinga had nominated his allies. The two MPs however managed to block two of Odinga’s allies. In addition, one of the parliamentarians had been unable to force the nominating party ODM to table all records of proceedings used to nominate their members making the personality politics carry the day (Mutai 2012). This raises a concern on the issue of control of the participatory and sovereign rights of the citizens of the EAC (Adar 2011, 23). Adar (2008, 27) opines that the indirect approach to the electoral process of representatives to the EALA undermines the principles of popular participation and individual sovereignty. This is because in an ideal democratic situation, it is the citizenry, who under universal suffrage confer sovereign rights on elected representatives as well as the solid sovereign legitimacy to enact laws at their behest. This creates a missing link between the EAC and the East African citizenry (Adar 2008, 27). Furthermore, the EALA does not enhance representative democracy where one is accountable to his/her constituency. As Adar (2014, 24) further attests, the fgures vary markedly when the representation is calculated against the total population of each member state. For instance, one member of the EALA in Burundi represents slightly around 889,000 people making the Burundi people the best represented citizens of the EAC. The Rwandese is slightly similar with one member of the EALA representing a million people. However, when it comes to Kenya, Uganda, and Tanzania, the mathematics change for the worse with one member of the EALA representing four million, three million, and fve million people, respectively (Adar 2014, 24).

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

The Locus of the EAC Citizens’ Sovereignty

31

Copyright © 2020. Lexington Books. All rights reserved.

Rationale behind the Nine-Member State Representation to the EALA According to Ang’ila (2004, 4), the small number of seats in the regional assembly is justifable considering the limited resources at the disposal of the EAC. The EALA members are sworn into fve-year terms worth US$12 million, which takes up a sizeable amount of the contributions to the EAC (Mathieson 2016, 12). However, the EAC Partner States are all developing economies that are unable to sustain themselves without external funding. Another possible explanation to the reason why representation is pegged at nine members per state is that contribution to the EAC is based on equal fnancial contributions by the member states to the EAC. The principle behind the equal contributions is that of equality as opposed to proportional representation notwithstanding fnancial constraints by countries such as Burundi (Adar 2011, 24). Therefore, each Partner State is required to elect the same number of representatives despite the disproportional population and economic realities that exist. Hence, therefore, this makes the number of nine elected members per member state a clear colonial legacy despite the increase of member states to six, namely Kenya, Uganda, Tanzania, Burundi, Rwanda, and South Sudan. Another reason is that the Treaty establishing the EAC expressly provides for this precise number (EAC 2002, 39), although without explaining why nine and not any other number. Thus, number nine remains and unanswered research question, why nine? Since its adoption and ratifcation, this provision has never been reviewed or amended. In fact, it seems that all Partner States are in agreement with the provision as it stands. It should be noted that the provision of the Treaty was borrowed from the colonial arrangement. Adar (2011, 23) argues that the pegging of the nine-member state representation to the EALA is largely hinged on a practice dating as far back as the 1961 EACSO period. As seen earlier, the rationale for setting up the Legislative Assembly back then was mainly administrative. With the changing times and the contemporary emerging issues, however, regional integration issues have broadened to include aspects of human security as well as the traditional economic agenda. It is, therefore, necessary to transform the Community in general and the EALA in particular to adapt to the present dispensation. The argument here is that the region ought not to be limited to the confnes of the outdated practices of the colonial era. In the current dispensation, the current EALA representation does not take into consideration the size of the population of the member states constituting the EAC (Adar 2011, 24). Statistics show that the population of the East African member states has expanded to a population size of about 150 million people (Chepkoech 2017) represented by sixty-two members

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

32

Pontian G. Okoth

of the EALA. This, therefore, means that each Member of Parliament represents close to 2.5 million citizens. This number is indeed quite large, and raises issues about how well the citizenry is represented in the Regional Assembly. Therefore, the paper doubtful of the citizens’ participation in the integration project, based on the fact that the citizenry is inadequately represented in the EALA, and if the members of the Assembly are accountable to the citizens. This argument has also been corroborated by civil society groups operating in the EAC region that have argued that the structure of the EALA as it stands underrepresents the citizenry (Otondi 2016). Furthermore, Ang’ila (2004, 4) postulates that another key reason behind maintaining of the number of seats for representatives to the EALA goes contrary to earlier recommendations by civil society organizations and other actors during the negotiations and drafting of the Treaty. Thus, the legislative representation remaining key thorny issues, the number was frozen at a representation of nine members per member state. This chapter is critical of the process of election of representatives to the EALA. The fact that the representatives are proposed by national parties in a boardroom makes their nomination to the national parliaments of the Partner States undemocratic. This criticism stems from the fact that the regional citizenry is neither consulted nor allowed the chance to choose who represents them. This is contrary to the direct election of members of the European Parliament. The European Parliament allows the regional citizens the chance to elect its representatives. The numbers of the representatives also grow depending on the number of member states admitted into the EU (European Union 2018). The paper therefore argues that the EAC leadership should review the EALA composition with a view to increasing the number of representatives and how these representatives are elected. This action would not only allow for increased democratic space in the region, but it will also assure the citizens of adequate representation at the regional level. Also interrogated is the level of commitment that the parliamentarians have and the power to infuence meaningful development within the region. The few representatives in most occasions further the interests of the local political parties that nominated them to the assembly. Little or no regard is given to masses at the grassroots level. Likewise, going by the large population of the EAC citizens and the few representatives in the EALA, it is rather diffcult to ensure that the masses are fully represented, for two reasons. One is that the elected members of the EALA have no demarcated constituencies (Ang’ila 2004, 4), such as those of the national parliaments of the EAC Partner States. The other reason is that the EALA has no enforcement mechanisms, just as its predecessor the LEGCO.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

The Locus of the EAC Citizens’ Sovereignty

33

CONCLUSION The chapter established that for functional integration to occur, the regional citizenry ought to be represented, and allowed the room to participate in decision making. They should also be allowed to voice their opinions directly through adequate representation in the Regional Assembly and holding the Legislative Assembly accountable. The EALA has the mechanism for this to take place. However, anatomy of the EALA as prescribed in the Treaty establishing the EAC is based on the colonial structure of the community that established a legislative EACLA. Therefore, there is need to overhaul the institution and fashion it in a manner that responds to the needs of the citizens, allows for adequate representation in the regional assembly and creates a forum for uninhibited citizens’ participation. This is intended to promote peace and development marked by a guarantee of rights and freedoms, increased living standards and an improvement in the quality of life for all EAC citizenry.

Copyright © 2020. Lexington Books. All rights reserved.

REFERENCES Adar, K. G. 2005. “New Regionalism and Regional Reconstruction: The Case of the East African Community.” Politeia, vol. 2, no. 1: 28–48. Adar, K. G. 2008. “The Legal Framework of the GNU and the Doctrine of Separation of Powers: Implications for Kenya’s National Legislative Assembly.” Journal of African Elections, vol. 7, no. 2: 52–76. Adar, K. G. 2014. “East African Community.” In The Democratization of International: First International Democracy Report, edited by Levi Lucio, Giovanni Finizio, and Nicola Vallinoto, 230–241. London: Routledge. Ang’ila, F. 2004. Processes for Elections to the East African Legislative Assembly. Nairobi: Friedrich Ebert Stiftung. Chepkoech, A. 2017. “High Population Piles Pressure on East African Bloc.” Business Daily. https​://ww​w.bus​iness​daily​afric​a.com​/news​/High​-popu​latio​n press​ ure-E​AC-bl​oc/53​9546-​38841​90-4y​vha4/​index​.html​. Accessed on June 12, 2018. Delupis, I. D. 1970. The East African Community and Common Market. London: Longman. East African Community Secretariat. 2002. Treaty for the Establishment of the East African Community. Arusha: EAC Secretariat. East African Legislative Assembly. 2011. East African Legislative Assembly. http:​// www​.eala​.org/​assem​bly/c​atego​ry/ma​ndate​. Accessed on June 12th, 2018. European Union. 2018. European Parliament: Overview. https​://eu​ropa.​eu/eu​ropea​ n-uni​on/ab​out-e​u/ins​titut​ions-​bodie​s/eur​opean​-parl​iamen​t_en.​ Accessed on 12th June 2018. Haas, E. B. 1958. The Uniting of Europe: Political, Social, and Economic Forces, 1950–1957. Stanford, California: Stanford University Press.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

34

Pontian G. Okoth

Habermas, J. 2017. “Citizen and State Equality in a Supranational Political Community: Degressive Proportionality and the Pouvoir Constituant Mixte.” Journal of Common Market Studies, vol. 55, no. 2: 171–182. Jacob, P. E., Toscano, J. V., Deutsch, K. W., and Teune, H. 1984. The Integration of Political Communities. J.B. Lippincott Company. Kabudi, P. 2007. “The East African Federation: Legal Framework and Legality of Decisions.” Paper Presented at the 10th Workshop on Democratic Transition in East Africa, Paradise Holiday Resort. Bagamoyo: Tanzania. Kamala, D. B. 2006. The Achievements and Challenges of the New East African Community Co-operation. Hull: University of Hull. Kidega, D. 2016. “Paper on Plan of Action to Achieve Legislative Power.” Retrieved on 12th June 2018 from http://www.eala.org/do_cumments/. Kings College London. 2016. A Three Minute Guide on Democracy and Sovereignty. The EU in a Changing Europe. Accessed from http:​//uka​ndeu.​ac.uk​/expl​ainer​s/a-t​ hree-​minut​e-gui​de-to​-demo​cracy​-and-​sover​eignt​y/ on June 12, 2018. Lwaitama, A. F., Kasombo, J., and Mkumbo, K. 2012. A Synthesis Research Report on the Participation of Citizens in the East African Community Integration Process. Arusha: EAC Secretariat. Mathieson, C. 2016. The Political Economy of Regional Integration in Africa—The East African Community (EAC). Maastricht: ECDPM. Miller, J. and Lunn, J. April 29, 2014. “The European Union: A Democratic Institution?” Research Paper 14/25 29. London: House of Commons. Mutai, E. May 31, 2012. “Parliament Picks New EALA Members” in the Standard. Accessed from on June 12, 2018 https​://ww​w.bus​iness​daily​afric​a.com​/news​/Parl​ iamen​t-pic​ks-ne​w-Eal​a-mem​bers.​ Muthaura, F. 2001. “The Process for the East African Regional Integration in the East African Community: EAC Dialogue on the Regional Integration in East Africa.” East African Dialogue No 4. EAC, Arusha. Nilsson, S. 2007. Does Regional Integration Promote the Consolidation Of Democracy Within Mercosur? Småland, Sweden: Jönköping University. Nyakwaka, D. 2007. “Regionalism and Regional Reconstruction: The Case of the EAC.” In Globalization and Emerging Trends in African Foreign Policy: A Comparative Perspective of Eastern Africa, edited by Korwa G. Adar and Peter J. Schraeder, 57–70. New York: University Press of America Inc. Nye, J. 1968. “Comparative Regional Integration: Concept and Measurement.” International Organization, vol. 22, no. 4: 855–880. Nyong’o, P. 1990. “Regional Integration in Africa: An Unfnished Agenda.” In Regional Integration in Africa: An Unfnished Agenda, edited by Peter Anyang Nyong’o, 10–23. Nairobi: Academy Science Publishers. Nzioki, S. N. 2013. “Strengthening EAC Regional Integration Through Citizen Engagement: Information Dissemination Strategy.” Research Project Presented to the University of Nairobi. Odhiambo, M. 2010. Towards Greater Civil Society Participation in the East African Community: Challenges and Prospects. Kampala: Fountain Publishers. Otondi, S. 2016. January 11. “Civil Society Organizations in the East African Community Integration Process.” http://www.life-peace.org/. Accessed on June 12, 2018.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

The Locus of the EAC Citizens’ Sovereignty

35

Copyright © 2020. Lexington Books. All rights reserved.

Potholm, C. P. 1979. “Who Killed Cock Robin? Perceptions Concerning the Breakup of the East African Community.” World Affairs, vol. 142, no. 1: 45–56. Schmidt, V. A. and Monnet, J. 2004. “The European Union: Democratic Legitimacy in a Regional State?” Journal of Common Market Studies, vol. 42, no. 5: 975–997. Schmitter, P. C. and Trechsel, A. H. 2005. The Future of Democracy in Europe: Trends, Analyses and Reforms. Strasbourg, France: Council of Europe. Society for International Development. 2018. “East African Legislative Assembly.” http:​//soe​a.sid​int.n​et/in​tergr​ation​-trac​ker/e​ast-a​frica​-legi​slati​ve-as​sembl​y/. Accessed on June 12, 2018. Strauhhaar, T. 2001. “Theoretical Expectations on Economic Integration: Regional Integration in East Africa.” East African Dialogue No 4. EAC, Arusha. Terlinden, U. 2004. African Regional Parliaments-Engines of Integration and Democratisation? Bonn: Friedrich-Ebert-Stiftung. Tulya-Muhika, S. 1995. Lessons from the Rise and Fall of the East African Community: Summary. East African Cooperation Forum. Kampala: Friedrich Ebert Foundation.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 2

Burundi Citizens’ Empowerment, Popular Participation, and the EAC Integration Process Alfred Burimaso

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTORY BACKGROUND A strongly integrated and sustainable regional body remains the ultimate goal of the East African Community (EAC). Both citizens and nation-states leaders and institutions ought to proactively participate and contribute to the achievement of that goal. However, in the case of Burundi as a member state of the EAC since 2007 when it joined the community, there is little evidence of citizens proactive participation. For instance, Burundi citizens do not directly take part in the elections of the members of the East African Legislative Assembly (EALA). That is the case essentially because there is no provision in the EAC Treaty that empowers the citizens to directly elect their representative into the Assembly. It is also argued in this chapter that the exclusion and disempowerment of the Burundian citizen from participating in the EAC integration processes results from the leadership crisis that country experiences. Burundi suffers from leadership crisis in its entire postcolonial era. It has impacted very negatively on all aspects of life in that country. It has manifested itself in institutional weakness, weak civil society, a quasi-inexistent private sector, repetitive civil wars, frequent coup d’états, predatory policies, exclusion and discrimination, and poor economic performance among other things. All these manifestations of leadership crisis are refected in very low human development index in that country. The population is severely impoverished, lacks proper educational and health facilities, as well as other basic services they need to prosper such as electricity, roads, and openness to the outside world. It is this disempowered population that ought to engage in the integration process within the EAC, which should proactively participate in 37

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

38

Alfred Burimaso

the eastafricanization process and which by implication has the potential of inculcating eastafricanness on the citizens of Burundi. So far the EAC integration process remains elitist and state-driven in practice even though the EAC Treaty stresses that the integration process should be people-centered and market-driven to avoid the failure the community experienced in the past and ensure its durability and sustainability in the future. The lack of inclusion of Burundi citizens into the EAC processes will mean that Burundians will not get the sense of ownership and will not ramify into the identity of eastafricanness. For the citizens of Burundi, therefore, the decisions taken at the regional body remain remote with limited citizens’ participatory responsibilities. This chapter examines how Burundians can participate in the EAC integration process and meaningfully contribute to the edifcation of the community and benefts derived therefrom. The chapter argues frst that there is a need to relook into the processes of the EAC integration agenda and make them practically people-centered, to allow more popular participation. Second, the Burundi number one challenge lies in leadership crisis. How well Burundians integrate and proactively participate in the eastafricanization project depends on the collective ability to deal with the systemic causes of the leadership crisis in the country during the postcolonial period, namely neopatrimonialism and neocolonialism. Burundi political elites and the general population have had divergent interests in the postcolonial period. For the political elites, their pivotal interests lie in capturing the state machinery and use it for their self-enrichment, status, and power. The well-being of the broader public remains in practice the least of their concerns. Since Burundi integrated the East African Community, the intended outcome on the mind of the citizens was and still is the improvement of their well-being. It was expected to be a people-centered process and market-driven, providing more space for popular participation, civil society organizations, and community-based organizations, business groups, and other private groups or individuals. So far however, the eastafricanization process follows a top-down approach; it remains elitist and state-centered. Could the agenda of the political elite practically be the same as of that of the Burundi citizens judging by the apparent satisfaction of the elites in the EAC integration? What do political elites do really want to achieve, for themselves and for the community in general and the Burundian citizens in particular? Could the elite-driven and state-centered approach advantage those who are in power and therefore could the exclusion of the larger citizenry be a deliberate move? Do the political elite really want the citizens to take part in the eastafricanization process and why/why not? Is the preoccupation of long-term stability and sustainability of the EAC envisaged in the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Burundi Citizens’ Empowerment, Popular Participation

39

Constitutive Act of the community the same as that of political elites in the EAC generally and in Burundi particularly? Interrogating the political will to empower and include citizens in the integration process is an important endeavor. In other words, there is a need to fnd out if the inclusion and consultation of the broader citizens in the eastafricanization is not viewed by the political elite as an impediment to their own selfsh interests. This insight result from the neopatrimonial past of Burundi, where those in power capture the state machinery and other public institutions and use them for their own beneft to the detriment of the broader population. Despite the elite not satisfying the needs of the people, they would not be punished and be voted out of power since the protection of the regime, most often than not, would be located in the fnancial and military support from foreign powers. The later would then remove or keep the regime based on the level of their satisfaction, that is if their interest are served or not. This indirect foreign control is referred to as neocolonialism. This chapter proceeds then to examine how can Burundians properly integrate the EAC, meaningfully contribute to the edifcation of the community and beneft the most out of it given the structural and systemic problems they are confronted with. To achieve that objective the paper is divided into four sections. Section one looks into key conceptual and theoretical approach. The second section elaborates on the historical divergence between Burundi political elites and the broader citizenry, leading to the designing and implementation of predatory and exclusionary policies. The third section examines the pursued objectives in the EAC integration on the part of the political elite in theory and practice. This section explores the issues of popular participation and attempts to answer the question of how citizens could proactively participate in the eastafricanization process own and strengthen the eastafricanness for the long-term durability and sustainability of the EAC. This section also explores the question of why popular participation is not yet operationalized despite the clear emphasis the EAC Treaty puts on the concept of people-centeredness. The fourth and last section concludes by once again articulating two key arguments. The chapter demonstrates frst that there is a need to relook into the processes of EAC to make them practically people-centered, to allow more popular participation as it is clearly indicated in the EAC Treaty. Second, the paper establishes that the Burundi number one challenge lies in leadership crisis. It therefore holds that for Burundi citizens to integrate and proactively participate in the eastafricanization project will depend on the collective ability to deal with the systemic causes of the leadership crisis in that country during the postcolonial period, namely neopatrimonialism and neocolonialism. These systemic and structural problems stand in the way of allowing popular participation in the EAC integration in the case of Burundi.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

40

Alfred Burimaso

CONCEPTUAL AND THEORETICAL APPROACH In order to proceed with the analysis of how Burundi citizens could proactively participate in the EAC integration, it is necessary to start the clarifcation of key concept and theories. This section provides defnitions or at least how certain concepts are understood for the purpose of this chapter. They include the concept of the people and the right to rule, eastafricanization, eastafricanness, Neopatrimonialism or neopatrimonial system, and Neocolonialism or neocolonial rule. The two last concepts and theories around them are instrumental in understanding the place of the people in the governance of Burundi and in the EAC integration.

Copyright © 2020. Lexington Books. All rights reserved.

THE CONCEPT OF THE PEOPLE AND THE RIGHT TO RULE Theoretically, the concept of the people is perceived as the real source of power and legitimacy. So the satisfaction of needs, preferences, and interests of the people implies reward to those elevated to the position of offcial power. When people are not satisfed, those in power are punished and voted out. However, the people have rarely been the source of power in the case of Burundi this chapter is concerned about. Leaders have often derived their right to rule, that is, they have accessed to power through military coups d’états and through military and fnancial support they got from foreign powers. In so doing, leaders were not so accountable to the people, nor have their interests as a priority as they would maintain power only by remaining royal to the military and foreign powers that have provided support in the process of ascending to power. Although in the last decade and at the time Burundi became member of the EAC in 2007 till now the country has elected leaders, the real input of the ordinary citizens remains very limited. It could be argued that the people, the broader citizenry does not yet constitute the real source of power and legitimacy. The concept of the people as (Dahl 1961) would ask in “Who governs” is not synonymous with the population or the broader citizenry. The people, the real source of power and legitimacy to rule remains confned to those that can infuence public policy process, from the agenda setting through policy formulation and implementation to policy evaluation. These include the political elites that hold high offcial positions, high-ranking military offcers, the rich and the educated that provide their expertise mostly during policy formulation, implementation and evaluation. Those are the ones driving the eastafricanization project.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Burundi Citizens’ Empowerment, Popular Participation

41

EASTAFRICANIZATION Eastafricanization is understood as the interaction and mutual infuence of the regional body and the member state laws. In the case of Burundi, for instance, the regional body wants the country to adjust its fnancial year to make it in accordance with the regional practices, which is now done under the new Constitution voted through referendum on May 17 and promulgated by the President of the Republic of Burundi on the June 7, 2019. Burundi on its part infuenced the regional organization to adopt the French language as one of the offcial languages, while Burundi is the only country that still uses that language as their offcial language even though many people in Rwanda, another EAC member state still use it. Moreover, Burundi has had to adjust to the use of English and Kiswahili, the two most used languages used in the EAC. The country is making a lot of effort to get these two languages taught from primary schools, secondary schools, to universities. This process of mutual infuence between Burundi and the Community amounts to eastafricanization. In the course of that interaction, citizens of the community adopt a new identity, a new way of doing things, and a new sense of belonging referred to as eastafricanness.

Copyright © 2020. Lexington Books. All rights reserved.

EASTAFRICANNESS Eastafricanness, in the case of Burundi ought to mean the sense of attachment and belonging the Burundian citizens have for the EAC. In addition, the concept expresses how much the Burundi citizens feel part of the EAC, accept and are proud of the East African identity. At this stage, it is diffcult to say that Burundians have already embraced that identity though they display eagerness to discover more the community and be fully integrated into it, contribute to, and beneft from it. One of the major challenges still in the way of Burundi citizens is the capture of state institutions by individual who use it for their own beneft and not to the beneft of the general public. It is the neopatrimonial rule. NEOPATRIMONIALISM OR NEOPATRIMONIAL SYSTEM The concept of neopatrimonialism expresses the desinstitutionalization and the deterioration of the state apparatus, a phenomenon that is widespread particularly on the African continent but exists in other developing countries in

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

42

Alfred Burimaso

Latin America, Asia, and so on. The institutional and bureaucratic apparatus left by the colonial powers is just a façade as it is captured by informal and criminal networks. The legal-bureaucratic decision-making processes coexist with a system of appropriation of power for private use. The system dominates and weakens the legal-bureaucratic process. Neopatrimonialism put differently can be expressed as authoritarian rule, corruption, clientelism, and nepotism. It is also characterized by exclusionary practices between various competing factions to capture the state machinery to use it for their own self-enrichment, power, status, and prestige. As Jean Claude Willame explained, the system comprises three fundamental and related elements: appropriation of public offces as the elites prime source of status, prestige, and reward; political and territorial fragmentation through the development of relationships based on primordial and personal loyalties; and the use of private armies, militias, and mercenaries as chief instruments of rule (Willame 1972, 2). It constitutes a serious impediment to democratization as it takes away power from the people. The system even though not serving the interests of the people, it can still survive drawing support from external forces and be subjected to indirect and disguised control of such forces. When the country is subjected to such foreign control, it is the neocolonial rule.

Copyright © 2020. Lexington Books. All rights reserved.

NEOCOLONIALISM OR NEOCOLONIAL RULE The wave of independence African countries experienced since the early 1960s until the mid-1970s constituted a great cause for concern in Western capitals. To counter the obstacle that independence presented, the West had to change its policy of overt domination for one of indirect control, and new national leaders had to learn to respect the neocolonial order (Ludo De Witte 2001, xvii) and the continued covert domination. In order to get public opinion on their side, western strategists invoked a series of noble objectives. Just as the Belgian king Leopold II had legitimized the conquest of the Congo by presenting it as liberating Africans from the hands of Arab slave traders, and colonial exploitation had been justifed as civilizing enterprise, so in 1960 the nationalists were destroyed in the name of protecting Africa from Soviet imperialism. “Saving Africa from Cold War” or “Containing Soviet infuence in the process of de-colonization” were the coded phrases used by the west (Ludo De Witte 2001, xvii). Leaders were caught in a “neocolonial trap,” that is, world powerful actors (states and multinational companies) in close but unequal cooperation with the local elite they helped to ascend to power and maintain it, exploit African states shamelessly. The stick and carrot system—rewarding local elite that

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Burundi Citizens’ Empowerment, Popular Participation

43

cooperates and assassinating those opposed to such shameless exploitation is their modus operandi. Kwame Nkrumah believed that African countries would never be free or develop unless they were fully autonomous and independent. In his view, in order to halt foreign interference in the affairs of developing countries, it is necessary to study, understand, expose, and actively combat neocolonialism in whatever guise it may appear. For the methods of neocolonialism are subtle and varied. They operate not only in the economic feld but also in the political, religious, ideological, and cultural spheres (Nkrumah 1965, 239). Neocolonialism is, therefore, considered as a subtle and indirect form of colonialism, developed and installed after formal colonial rule. It operated in economic, political, religious, cultural, and ideological spheres. Consequences of neocolonialism in the case of Burundi, subject of this chapter, will be elaborated upon. The most serious one is that the right to rule is no longer detained by the people but foreign powers. As such, the principle of peoplecenteredness and popular participation is greatly diluted.

Copyright © 2020. Lexington Books. All rights reserved.

THE IMPACT OF NEOPATRIMONIAL RULE AND NEOCOLONIALISM IN THE POSTCOLONIAL PERIOD IN BURUNDI, AND THEIR EFFECTS ON POPULAR PARTICIPATION IN THE COUNTRY’S GOVERNANCE Burundi’s economic catastrophic performance and its overall weakness are partially due to its unfavorable geographic location. The country is landlocked and relies on poor road networks for its import/exports from and to the ports of Mombasa and/or Dar-es-Salaam. The country also enjoys relatively little natural resources. However, its major impediments to development results essentially from bad governance—politics based on patronage, rent-seeking, and allocation of available resources to beneft the ruling elites and their close friends and allies to the detriment of the rest of the population, the majority of the people. This was a deliberate and machiavelic move by politicians who believed that by keeping the masses poor, uneducated, malnourished, and under the attack of all kind of diseases, the masses become easier to control since they will not have enough power to overthrow the oppressing regime. That guiding principle of disempowering the masses will lead the ruling elite to actively and deliberately prevent the masses to access proper education to the maximum possible, access proper sanitation, clean water, electricity, roads, enough and nutritious food, brief anything that could lead to the empowerment and the enlightenment of the masses. In addition, the majority of Burundians will be prevented to go beyond their borders to see what happens elsewhere as this too was considered dangerous for the regime that never

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

44

Alfred Burimaso

wanted people to go out and see how enslaved they were in the country, to get in contact with new ideas and new ways of doing things. If anyone was heard planning a trip out of the country, that was an enemy to watch closely or eliminate. The delivery of traveling documents such as passport was conditioned to knowing thoroughly who the traveling person was and what the exact purpose of travelling was. As a result of all that, very few Burundians traveled beyond their area of birth, not to mention going abroad. The only time Burundians would in large numbers go out of the border is when going as refugees and asylum seekers during the numerous catastrophic years such as in 1972 and in 1993. This explains the limited contact between Burundians and the population in their neighboring countries and elsewhere prior to the massive exodus of Burundian refugees after the assassination of the frst democratically elected President, Melchior Ndadaye in 1993. This way of conducting politics that Burundi politicians have been practicing amounts to political miscalculation this chapter holds. While they deliberately sought to keep the majority of the people weak by maintaining them in abject poverty, ignorance, hunger, and diseases, they at the same time have a population that produced very little the same politicians sought to help themselves from and get rents to sustain their patronage networks. It is miscalculation since, when empowered population, educated, healthy, and equipped with knowledge engages in productive activities not only the same population benefts but also politicians do proft by presiding over a wealthy nation. The exclusionary neopatrimonial politics were not only based on ethnic lines but also on regionalism. As Ngaruko found, most of postcolonial Burundi’s history has been dominated by military dictatorships. Three military Tutsi presidents from Rutovu, a commune of the Southern province of Bururi, have been at the helm of the country for thirty-four years out of fortyone since the country’s independence in 1962. Increasingly, the leadership’s greed and poor governance have generated grievances which, in turn, have led to a cycle of civil wars (Ngaruko 2000, 2). So the grievances that led to civil wars and other atrocities were based on ethnic exclusions but on regional issues as well. However, that exclusionary politics has not always existed in Burundi. It has specifc origins and it can be brought to an end, to allow more popular participation. THE TRIBAL ORIGIN OF THE EXCLUSIONARY AND PREDATORY POLITICS Prior to colonial rule, under monarchy the various tribes of Hutus and Tutsi had roles to play in the kingdom of Burundi which had a well-organized

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Burundi Citizens’ Empowerment, Popular Participation

45

administrative structure. When Burundi was conquered by colonizers, they applied the divide and rule strategy to make it easier for them to rule. They favored more the Tutsi, education privilege given to them more than it was to Hutus and inculcated the idea of Tutsi superiority, born to rule and Hutu inferiority, born to serve and be dominated. This idea will have devastating consequences in the postcolonial era. In the late 1950s, as both Burundi and Rwanda, two sister countries that have the same population fabric, language, and culture sought to get independence, the Belgian colonizer changed the strategy to get rid of the Tutsi rulers who manifested to be rebellious and wanted independence. In Rwanda, in 1959, the Hutu majority 85per cent of the population seized power in what was known as social revolution. Many Tutsi were killed, others went to exile in neighboring countries including many going to Burundi. In Burundi, the social revolution did not take place since the UPRONA party of Prince Rwagasore had been inclusive and its leadership included Hutus and Tutsis. The Belgian colonizers are believed to have organized the assassination of Rwagasore shortly after independence of Burundi. The tensions between the Hutus and Tutsis in Burundi would lead to cyclical violence as the Hutus sought to replicate the Social Revolution their Rwandan fellow had staged, but the Burundi Tutsis helped by the Rwanda refugees resisted as they perceived the Hutu-controlled state power and the economic power it leads to as a threat to their survival and that they risked extermination. So the Tutsi, or at least those who proclaimed to act on their behalf, would cling to power by all means and seek to perpetuate it as a long as possible. So the policies of elite fltering in education and maintaining the masses weak and easy to control were designed to meet such objectives and goal. To go even deeper to fnd the major explanation for the exclusionary and predatory politics, we fnd it at the leadership level. The country lost political leadership right after independence when the independence hero was assassinated. That remains the main reason behind the high political instability that followed the assassination of Prince Louis Rwagasore, the leader who spearheaded the country’s struggle for independence. Rwagasore was as charismatic and visionary as other well-known African nationalist fgures of the time. Arguably, it is thanks to his visionary leadership that events that took place in Rwanda during the 1959 social revolution did not spread to Burundi as explained by Ngaruko and Nkurunziza (2000). His assassination robbed the country of a leader who would have put Burundi on a different course. Countries that would have lost charismatic leaders at such a sensitive time would most probably have followed Burundi’s path (Ngaruko 2000). The assassination of the Prince Louis Rwagasore at that critical time of the country’s history left Burundi as a ship without a captain, or as a

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

46

Alfred Burimaso

body without a head, acephalous. In that situation of lack of leadership and external destabilization emerged corrupt leaders, who captured the state for their own personal beneft to the detriment of the rest of the country. What happened to Burundi at that time is similar to the effect the assassination of Patrice Lumumba has had in the former Zaire, known today as the Democratic Republic of Congo (DRC). The country was left as a ship without a captain tangling in the sea without direction. The consequences are still felt at the institutional level, but most importantly, at the level of the people disempowerment.

Copyright © 2020. Lexington Books. All rights reserved.

CONSEQUENCES OF NEOPATRIMONIAL RULE AND NEOCOLONIAL RULE ON THE PEOPLE’S PARTICIPATION IN THE COUNTRY’S GOVERNANCE Institutional weakness and exclusion of broader citizenry to participate in the country’s governance remain the major consequences of the neopatrimonial rule and excessive foreign destabilization and control known as neocolonialism. This explains why appropriate formal political and economic institutions are in place but do not fulfll their mandate. In Burundi, it is not rare to see an arsenal of legal, political, and economic institutions meant to combat corruption but in practice corruption continues. On top of such institutions, strong offcial public statements and warning such as “zero tolerance on corruption” are uttered but corruption continues and even gets worse. As offcials declare publicly “zero tolerance on corruption” nobody believes it. Everyone knows, including the same offcials making the statements that it is just for rhetorical purposes. That is how good institutions and laws exist on paper and in theory but do not work in practice. They do not manage to prevent the political elite from indulging in their extractive practices. Political elites do know what policies and proper action to take if they so desire. Popular participation features prominently among such right approaches, policies, and actions. However, if in so doing their perception is that they are hurting their own interests, political elites refuse to take such actions, even if it is mentioned in laws or Constitution as our peoplecenteredness principle in the governance of the East African community. In addition good governance and democracy are clearly stated as fundamental principles of the community as stated in Article 6 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 people’s rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights (EAC 2007, Article 6, d).

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Burundi Citizens’ Empowerment, Popular Participation

47

To illustrate even further how political elite refuse to implement some salutary measures for the general population, let us consider the case of buildings for public offces and offcial residences in Burundi. Up to this date, many public offces in Burundi are located in rented buildings. Major offces including Ministries, the offce of Burundi Revenue Authority (Offce Burundais des Recettes, OBR), residencies of senior government offcials, and even the offce of the president and his residences were privately own and rented by the state up until the China constructed presidential palace was inaugurated in September 2019. Individuals (often the same government offcials) built these houses and let them to the state, often at infated prices, to the cost of the tax payer’s money. Is it that Burundi as a country cannot build its own offces? Or is it that the same offcials do not see the necessity of doing so, as these buildings cost a lot of money every month? Doing the right thing would mean a “loss” to the elites benefting from these leasing contracts and the commissions they generate. In the EAC integration process, a deeper analysis may be required to fnd out if the elites are not just satisfed with the EAC projects sponsored by the EAC budget to the extent that making the process broad-based, people-centered allowing more popular participation would not pose any threat to the interests of the same elites. In case such inquiry proves that elites derive personal interests in adopting the top-down, state-centric and elite-driven model then the same elites may actively and deliberately frustrate any efforts to adopt the people-centered and market-driven approach.

Copyright © 2020. Lexington Books. All rights reserved.

CITIZENS POPULAR PARTICIPATION AND PROACTIVE ROLE IN THE EASTAFRICANIZATION PROJECT On paper and in offcial public rhetorical statement, public participation principle in EAC is talked about but in practice, it is not clear how this principle is used. Hannah Marie Vidmar from the Graduate Program in African American & African Studies at The Ohio State University argues that the principle of popular participation is often mentioned in theory and on documents but not visible in practice. She found out that while offcial documents and press releases published by the EAC claim to have involved public participation in the reestablishment of the EAC, it still remains unclear as to how this participation manifested itself. There are no accessible records that identify the role of public participation in the process. Rather, it is often just referenced broadly as public participation. This, once again, brings into question whether the EAC is the result of a technocratic decision-making process through elites or if it maintains some elements of democracy. Considering that no explicit

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

48

Alfred Burimaso

examples can be found regarding the forms of public participation that were utilized, it would seem that the EAC is trying to perpetuate the image that it is a democratic body, when in reality, it does not practice democracy (Vidmar 2015, 49).

Copyright © 2020. Lexington Books. All rights reserved.

THE PEOPLE ARE IN THEORY ONLY AND NOT IN PRACTICE Lack of popular participation is believed to be one of the major reasons why the East African Community I collapsed. As Mdachi Louise expressed it, the lack of strong participation of civil society and the private sector in the cooperation activities contributed to the collapse of the EAC I in 1977. Lack of popular participation of the people of East Africa was so profound that the majority of East Africans remained indifferent to the disintegration of the EAC I, even as it reached its offcial demise in 1977. Why would the population be concerned with the plight of an organization in which they had no stake (Mdachi 2014)? Even though the principle of people-centeredness is mentioned in the EACII Treaty, there are still no concrete measures of insuring popular participation. Mdachi (2014) elaborates further that the mere mention of peoplecenteredness in the EAC II Treaty does not in any concrete way constitute popular participation. The reality seems to be that, the organization’s decision-making mechanisms, as well as its survival, continue to remain frmly in the hands of the EAC political elite, in particular the Executive Branch, whose role is epitomized by the Summit (Mdachi 2014). In light of the above, it is evident that the same strong ownership of the East African Community by the elite that existed during the EAC I that caused its demise still continues today. East Africans still have little say in what happens or does not happen despite the principle of people-centeredness in the EAC Constitution. The consultation of the people remains confned to the national assemblies of the Partner States, undermining the foundation of the integration agenda as argued Professor Korwa Gombe Adar. “To confne this important process of democratization on the National Assemblies of the Partner States is, in our view, to derogate the East African citizens’ sovereign rights and to undermine the foundation of the EAC integration agenda” (Adar 2018). In Burundi for instance, the interaction between the members of parliament and their constituencies is limited. Citizens complain that MPs are only visible during election campaigns and after that they go to establish themselves in the capital city and rarely seek to know and address the concerns of citizens in their constituencies. Since this is the case, confning the entire responsibility

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Burundi Citizens’ Empowerment, Popular Participation

49

on MPs and Members of the EALA as it is stipulated in Article 65 (a, b, c, and d) to represent all the people is not enough. This amounts to the limitation of the individual sovereignty of the East African citizens. Furthermore, Burundi MPs are elected through what is known as established lists “listes bloquées.” The process of electing MPs through established lists does not give citizens chance to choose the candidate they deem ft to represent them. In fact in Burundi, elections take place following “blocked lists” to respect the Arusha agreement that was signed in Tanzania in 2000 to end the decade long civil war. On the blocked lists, there are names which citizens have to choose their representative from. The process of making the blocked lists takes very little input from the people, if any at all. Leaders of political parties make these lists on the basis of proportional ethnic representation (60/40 Hutu/Tutsi) and gender representation of at least 30 percent for women and other criteria only known by those party leaders. In the end names that appear on those list people have to choose from, may not necessarily be the ones the citizens actually wanted to choose as their representative. As to the members of the EALA, the general public only gets to know who will represent them through media. Citizens’ contribution and participation is almost inexistent. So one may aptly ask why the principles of people-centered and marketdriven are enshrined in Articles 5 (3) (d) and 7 (1) (a) of the Treaty, respectively, but not implemented in practice. The implementation problem usually happens when the goals and objectives are not clear, obscure, not properly defned and/ or unrealistic, overambitious. When the goals and objectives are clearly defned and are realistically achievable, then the implementation problem could be due to lack of resources, both human and/or fnancial resources. In case all of these resources are available, goals are clearly defned and realistically achievable but still experience implementation problem then there must be a much deeper problem, complex and often not talked about: lack of political will. Political will could be understood as a strong desire and determination from those holding offcial political position to take action to realize what they publicly declared to do or not to do in order to achieve the ultimate desired outcome. In the case of our eastafricanization project, political elite publically and offcially declare that the process of regional integration in the EAC will be people-centered and market-driven, but in practice, they do not do that. It could be argued, as the case of Burundi abundantly highlighted, that there could be a disjunction between what the political elite intend to obtain from the integration process and the expectations of the broader citizenry, the Eastafricans. It could therefore be argued that in the top-down approach, state-centric and elite-driven model currently followed in the EAC integration process, the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

50

Alfred Burimaso

political elite get their relative satisfaction in the comanagement of projects among member states, attending conferences and establishing the perdiem culture that allow them to make their own proft. In addition in the current model, the community still relies heavily on external donors. The eastafricanization project then seems as a business between political elites and donors, leaving little room for Eastafricans to have a say, supervise, and direct what is happening. External donors could have more power to direct what happens and what does not in the integration process more than Eastafrican citizens themselves due to that issue of funding.

Copyright © 2020. Lexington Books. All rights reserved.

OPERATIONALIZING THE PEOPLE-CENTEREDNESS, POPULAR PARTICIPATION, AND MARKET-DRIVEN PRINCIPLES IN EAC INTEGRATION PROCESS For Burundian citizens to actively take part in the eastafricanization project, take ownership of the process, and embrace the eastafrican identity, as the principles of people-centered and market-driven enshrined in the EAC Constitution require, a number of practical approaches could be envisaged. All those approaches or steps would aim at empowering the people so that they are in a position to know, initiate, control, fund all major projects set up in the course of the eastafricanization process. Only then power will cease to be concentrated in the executive institutions of the community epitomized by the summit, and be shared by the legislative and judicial institutions of the community. To achieve that objective of citizen active participation, this chapter emits a number of recommendations. They include establishing an inquiry to fnd out if the elites are not making their own profts out of the eastafricanization process which do not beneft the East African citizens as a whole. Investigations to be carried out at this level require sincerity from the political elites, not to perceive eastafrican projects as source of their personal proft but to beneft the broader public. Furthermore, it is important for political elites to consider empowering their citizens as a source of more power and not a threat to their personal political position. Then in every action political elites take, they will be thinking about the people and inviting the broader public to take part in it. Furthermore, the EAC ought to set up provisions for citizens to meaningfully participate in the elections of their representatives in the East African Legislative Assembly (EALA) by setting up mechanisms for directly selecting EALA MPs from a list of candidates. That step could be strengthened by more interactions between the people and their EALA MPs, not only through visits to their constituencies but also through media access, radio, television,

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Burundi Citizens’ Empowerment, Popular Participation

51

Copyright © 2020. Lexington Books. All rights reserved.

social media, and so on. This would allow the broader public to be informed of what is happening concerning the community. In addition, people need to be informed on how their representatives are defending the interests of the broader citizenry and not present in Arusha for perdiem and just go back to their private businesses; more activities that engage young people, the future of Eastafrica are required. Another important suggestion is the setting up of more plate-forms for consultation of civil society organizations, women groups, and businesses. This is because “civil society” in Burundi in the sense it is defned in the EAC Constitution is still not strong. As the EAC Constitution states “civil society” means a realm of organized social life that is voluntary, self-generating, selfsupporting, autonomous from the state, and bound by a legal set of shared rules” (EAC 2007, Article 1). The “private sector” means the part of the economy that is not owned or directly controlled by a state” (EAC 2007, Article1). Strengthening civil society and the private sector, making them play a meaningful role in the eastafricanization project will signifcantly improve popular participation more than individuals can do since they are more organized and not controlled by the state. They can better represent the voice of private citizens. In addition, it is important to encourage Burundians to travel across the EAC to immerse into the community, see what happens in other parts of Eastafrica, for more cultural and identity merging. More than inviting Burundians to travel, state institutions would do more to facilitate citizens by providing them with necessary documentations and information necessary to travel within the community. This is in line with the objectives of the EAC as stated in the Article 5, third paragraph (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 people-centered mutual development of these ties and associations” (EAC 2007, Article 5). CONCLUSION In order to ensure popular participation for the durability and sustainability of the community, it is necessary not just to rely on the role played by the national assembly but institute mechanisms of regular and direct consultation of citizens of the region. The process would allow registering and taking into account their views, be exposed to and control issues related to the integration process in the East African region. It is also important to interrogate whom eastafricanization will beneft: Could the EAC work for the people, and not only for the elites and powerful domestic or international interests?

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

52

Alfred Burimaso

The case of Burundi has highlighted the disjunction between the interests of the people or the broader public and the elites. While Burundian citizens expect the improvement of their standard of living, participating in the governance of their country, having a say in issues affecting their lives, the political elites are interested in capturing the state machinery and other public institutions for their own status, enrichment, and power. To insure their political positions are protected they design and actively implement policies that exclude the masses, the people, citizens or the broader public, keeping them weak and easier to control, so they think. This is the neopatrimonial rule. Even though the elites are not serving the people, they maintain power by becoming protégés of foreign powers that supplies fnancial and military assistance and are allowed to extract resources in the county and monopolize the markets of fnished goods. This is neocolonialism. The fnal result of this systemic or structural setting is the disempowerment of the people and the lack of popular participation. It was established that although political elite do know the importance of popular participation, they lack the political will to implement such principle as it could constitute an obstacle to their personal interests. In the eastafricanization project, an inquiry is necessary to establish if indeed the principle of people participation could be not implemented as it may be viewed by the elites as a hindrance to their personal benefts. If that is the case then, the EAC community will at some point in the future face the same problem as the EAC I that collapsed in 1977. The collapse of the community in past, according to the preamble of the EAC Constitution, was due to the lack of strong political will, lack of strong participation of the private sector and civil society in the co-operation activities (EAC 2007, Article 1). In practice, as clearly indicated in the Constitution of the community in Article 7, frst paragraph, (a), the principles that shall govern the practical achievement of the objectives of the Community shall include peoplecentered and market-driven co-operation (EAC 2007, Article 7 (a). For these principles to be practically implemented, this chapter has put forward suggestions that could enable their operationalization. They include but not limited to establishing if the elites are not deliberately and actively preventing the implementation of the people-centeredness, enabling citizens to directly elect their EALA MPs and interact often with them to know how the interests of the broader public are defended and strengthening civil society, private sector for their deeper involvement in the eastafricanization process. Ultimately, the empowerment of the people of Burundi to enable them to take part in the governance of their country and in the eastafricanization will be the result of a collective action to deal with the structural and systemic problems of neopatrimonialism and neocolonialism, in addition to the understanding by the political elites that deliberately weakening the people to control them better amounts to a political miscalculation.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Burundi Citizens’ Empowerment, Popular Participation

53

REFERENCES

Copyright © 2020. Lexington Books. All rights reserved.

Adar, Korwa G. 2005. “New Regionalism and Regional Reconstruction: The Case of the EAC.” Politeia, vol. 24 (1): 28–48. Dahl, Robert A. 1961. Who Governs? Democracy and Power in an American City. New Haven, CT: Yale University Press. EAC Secretariat. 2007. Treaty for the Establishment of the East African Community (As amended on December 14, 2006 and August 20, 2007). Arusha: EAC Secretariat. Hannah Marie, Vidmar. 2015. The East African Community: Questions of Sovereignty, Regionalism, and Identity. Master of Arts Thesis, Graduate Program in African American & African Studies at the Ohio State University. Lemarchand, René. 2009. The Dynamics of Violence in Central Africa. Philadelphia: University of Pennsylvania Press. Ludo, de Witte. 2001. The Assassination of Lumumba. London: Verso. Mdachi, Louise M. 2014. “Regional Integration and People-Centeredness; an Assessment of the Mechanisms for Popular Involvement in the Decision-Making of the East African Community.” CUNY Academic Works. http:​//aca​demic​works​.cuny​ .edu/​cc_et​ds_th​eses/​299. Ndikumana, Léonce. 1998. “Institutional Failure and Ethnic Conficts in Burundi.” African Studies Review, vol. 41 (1): 29–47. Nkrumah, Kwame. 1965. Neocolonialism, the Last Stage of Imperialism. London: Panaf Books Limited. Van de Walle, Nicolas. 2003. “Presidentialism and Clientelism in Africa’s Emerging Party.” Cambridge University press, The Journal of Modern African Studies, vol. 41 (2): 297–321. Willame, Jean Claude. 1972. Patrimonialism and Political Change in the Congo. Stanford: Stanford University Press.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 3

Kenya Citizens’ Sovereignty, Popular Participation, and the EAC Integration and Democratization Mercy Kathambi Kaburu and Korwa Gombe Adar

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION Sustained regional integration is one of the founding objectives of the East African Community (EAC). As a process, integration of EAC is not only determined by the political will of the Partner States but also by the citizens who are direct actors and benefciaries. It is however notable that the founding Treaties of EAC I and EAC II did not explicitly provide for the direct involvement of individual citizens in decision-making through popular participation. Consequently, the process of integration adopted a statist approach, raising concerns on who or what should be the focus for sustainable integration. Understandably, states are mere abstraction and the decisions regarding integration rest upon the people in whom the sovereignty of their territory is vested. With the aim of incorporating the citizenry, EAC II adopted a peoplecentered and market-driven approach to integration, but the question of individual sovereignty is imprecise. The envisioned people-centered approach to development can be achieved through, popular participation in which East African citizenry are involved in an electoral process that confers legitimacy and authority on a system of governance. As one of the founding Partner States of EAC, Kenya has remained committed to the integration process. Guided by the provisions of the 1999 Treaty, Kenya has periodically elected members to the East African Legislative Assembly (EALA). The provisions of the Treaty confer the power of electing Members of EALA to National Assemblies of Partner States, with candidates identifed through political parties represented in parliament. Thus, the Kenyan citizens are denied an opportunity to exercise their sovereign right through the principle of universal suffrage, to elect their preferred 55

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

56

Mercy Kathambi Kaburu and Korwa Gombe Adar

representatives to EALA. Consequently, Kenyan representatives to EALA are just but nominees of existing political parties, most of which lack internal democracy, sustained ideology and national representation as some of the basic components of a political party. Certainly, sustainable integration can only be attained when individual citizens who are actors and direct benefciaries own the process. In other words, a sense of belonging and identity, for our case eastafricanness and the subsequent eastafricanization of the region, can only be achieved when a genuine link is established between East Africans, EALA, and EAC. In this study, the concept eastafricanization is understood as “a process whereby a change at the domestic level of a partner state in East Africa is caused by integration at the EAC regional level,” while eastafricanness is a sense of belonging, attachment, and identity or feeling part of the EAC by the East African citizens (Adar 2018). To this end, the chapter examines the process of EAC integration and democratization, and the place of the Kenyan citizenry and the implications thereof. In particular, the chapter examines the role of parliament in enhancing the sovereignty of individual Kenyans and establishing a genuine link with EALA toward sustained integration process. The chapter proceeds from the premise that its only by establishing a genuine link between EAC and its sovereigns, who in this case include Kenyan citizens, that meaningful eastafricanization, eastafricanness and integration can be realized. The chapter is presented in different sections. Section one provides a background of the enduring integration process among Partner States of EAC. It makes a brief review of EAC I and EAC II with regard to the place of individual sovereignty in the integration process. Section two provides the framework of analysis where individual sovereignty, popular participation, and regional integration have been examined as the main concepts in the chapter. Section three examines the role of parliament within the doctrine of separation of powers. Focus has been given to the role and place of the Kenyan parliament and that of political parties in enhancing individual sovereignty. The last section evaluates the means of establishing a genuine link between the individual sovereigns, EALA, and EAC toward sustainable integration. EAST AFRICAN COMMUNITY INTEGRATION PROCESS AND INDIVIDUAL SOVEREIGNTY: BACKGROUND Pursuit for regional integration among East African states dates way back to the colonial period, an idea that led to the establishment of the East African High Commission (EAHC) as a framework for managing common services within the region (Adar 2014; Adar and Ngunyi 1994). With a failed attempt

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Kenya Citizens’ Sovereignty, Popular Participation

57

to establish the envisioned political federation, and the subsequence independence of Kenya, Tanzania, and Uganda, EAHC was replaced with East African Common Services Organization (EACSO) which lasted until 1967. The three neighboring states signed into a Treaty leading to the establishment of the East African Community hereinafter EAC 1 in 1967. Differing political ideologies and conficting national interests among other internal and systemic complexities led to the collapse of EAC I in 1977 (Adar 2005, 2010; Adar and Ngunyi 1994). It is, however, notable that the spirit of cooperation remained with the leaders as was clearly demonstrated in the East African Mediation Agreement that concluded the sharing of assets and the dissolution process of EAC I in 1984. Article 14(2) of the Mediation Agreement provided that “the States agree to explore and identify further areas for future cooperation and work out concrete arrangements for such cooperation” (Kenya 1984). The need for enhanced economic cooperation at the wake of globalization and with renewed hopes for a political federation led to the reestablishment of the East African Community herein after EAC II in 1999 with Kenya, Tanzania, and Uganda as the founding Partner States, and Rwanda and Burundi joining the community in 2007. The process of integration in EAC 1 was a state-driven and economically oriented with national interests of Partner States taking the center stage. For instance, Article 2(1) of the Treaty identifed the aim of Community as “to strengthen and regulate the industrial, commercial 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 benefts whereof shall be equitably shared” (EAC 1967). EAC II adopted a broader mandate compared to EAC I. For instance, Article 5(1) of the 1999 Treaty clearly identifes the widening and deepening social, economic, and political cooperation among Partner States as a core objective of the EAC II (EAC 2002). While achievement of political federation is yet to be actualized, concerns have been raised on the role and place of the East African citizenry in the integration process (Adar 2018, 2014, 2010). In an attempt to incorporate East African citizenry in the integration process, the 1999 Treaty adopted a people-centered and market-driven approach toward integration as provided in Article 7(1a) of the Treaty (EAC 2002). Similarly, EAC’s Vision 2050 is founded not only on the need to harmonize and consolidate the visions of Partners States and organizational institution but also brings into focus the interests of the combined population of the Community (EAC 2015). However, while the Treaty makes reference to the people, it is not explicit on how individual sovereigns will be directly involved in determining the nature and structure of the institutions that govern the Community. More particularly, the Treaty does not make provision for the citizenry to exercise their sovereign right through popular

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

58

Mercy Kathambi Kaburu and Korwa Gombe Adar

participation to elect their preferred representatives to EALA as the legislative organ of EAC II. Indeed, the Treaty provides that representatives to EALA be elected by National Assemblies of Partner States as per Article 50(1). Exclusion of the citizenry who in essence are the actors and benefciaries of the integration process raises concerns on focal unit of the integration process. In other words, who between the states as abstractions on the one hand and the citizenry on the other hand is being integrated? Furthermore, exclusion of individual sovereigns implies that institutions resulting from the envisioned integration do not derive legitimacy from the people. According to Adar (2018) such legitimacy can only be realized when people are given an opportunity to exercise their sovereign will through popular participation in periodic, free, and fair electoral process. Research on fast-tracking political federation revealed that East Africans feel left out in the integration process and that they would prefer a people-driven or a bottom-up approach to integration that is more inclusive as opposed to the commonly preferred top-down or statist approach (Kibua and Tostensen 2005; Adar 2008a; EAC 2007). Certainly, engagement of individual sovereigns would bring ownership and possible sustainability of the integration process.

Copyright © 2020. Lexington Books. All rights reserved.

INDIVIDUAL SOVEREIGNTY, POPULAR PARTICIPATION, AND EAC INTEGRATION PROCESS: A FRAMEWORK FOR ANALYSIS Regional integration is not a one off event but a process. Adar (2005) conceives integration as a process and a condition. As a process, he views it as a situation where actors such as nation states transfer part of their loyalties to newly established centers whose legal personality and jurisdiction is derived from preexisting nation-states, while as a condition, it means that the newly established institution bares some relative power to determine resource allocation and rewards among Partner States (Adar 2005). Regional integration is founded on the principle of shared sovereignty where supranational institutions, in our case, the EAC, bears authority to infuence domestic structures of its members (Krasner 2004; Adar 2010). Whether integration is viewed as a process or condition, it has a direct impact on the citizenry who are central to the legal personality of the Partner States. While states remain the custodians of political power within their geographical jurisdiction, they are mere abstractions making the citizenry key targets for meaningful integration. By implication therefore, the sovereign will of the people should be sort directly through popular participation. It is however notable that the structure of regional integration is likely to be infuenced by the nature and structure of national politics, and particularly

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Kenya Citizens’ Sovereignty, Popular Participation

59

the validity of relations between the government and the citizenry (Stein 2001; Bosire 2018). Thus, sustained eastafricanization of the region, and establishment of eastafricanness as a sense of identity and ownership, can only be achieved through direct involvement of East Africans. After all, East Africans are the ultimate actors and benefciaries of integration, and they have the mandate to empower their leaders through periodic elections. In the case of Kenya, eastafricanness serves dual social contract purposes which in our view are necessary for the EAC’s raison d’etre. Specifcally, this social contract should be between the sovereign state of Kenya and its citizens, and between the citizens of Kenya and the EAC. This social contract, we argue can only be achieved through popular participation which by implication will empower sovereignty of Kenyans at the national and regional levels. Popular participation through periodic elections creates a sense of inclusivity and legitimatizes institutions of governance. The founding Treaty of EAC I did not make any provisions for citizenry and therefore the integration process was state-driven. As opposed to the democratic practice of electing members to Legislative Assemblies, the 1967 Treaty provided for the appointment of representatives by Partner States. Article 5(1) of the Treaty provided that “of the twenty-seven appointed members of the Assembly each Partner State shall appoint nine in accordance with such procedure as each Partner State decides.” (EAC 1967). Key to this provision is the aspect of appointment and not election of representatives. However, the 1999 Treaty that founded EAC II made a deliberate attempt to include the citizenry in integration process. For instance, Article 5(3, d) makes provision for “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 people centred mutual development of these ties and associations” (EAC 2002). The people-centered and market-driven approach to the integration as provided for in the Treaty may be understood as a move toward direct involvement of the East African sovereigns in the integration process. The Treaty implores on the Partner States to uphold principles of democracy in which exercising one’s sovereign right through popular participation is core. As Tilly (2007) observes, enlargement of democracy whether within national or supranational organizations, involves a sense of inclusivity through mutually binding consultations. Contrary to this view, the process of instituting of EAC I and EAC II was dominated by the political elites with the individual rights of the sovereigns largely ignored. As Adar (2010) asserts, the negotiations that culminated to the 1967 and 1999 Treaties, and other decisions such as the admission of Burundi and Rwanda as fully pledged members without the involvement of the East African sovereigns, serve as examples of the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

60

Mercy Kathambi Kaburu and Korwa Gombe Adar

extent to which the principle of individual sovereignty has been ignored in the integration process. Based on this observation, it can be argued that the envisioned enlargement of democracy by EAC II is likely to remain just but an illusion if established structures do not embrace the principle of individual sovereignty through popular participation, to create a sense of “we ness” or eastafricanness in this case. The responsibility of enhancing sovereignty of the citizenry at a regional level is within the operational structure of individual nation-states. The next section therefore examines the role of the Kenyan parliament in ensuring that the will of individual Kenyans is incorporated in the EAC’s integration process.

Copyright © 2020. Lexington Books. All rights reserved.

INDIVIDUAL SOVEREIGNTY AND REGIONAL INTEGRATION: KENYA PARLIAMENT IN CONTEXT The role of national parliaments in regional integration cannot be overemphasized. Integration in this case is understood as situation where actors such as nation states transfer part of their loyalties to newly established centres whose legal personality and jurisdiction is derived from preexisting nation-states. As a sovereign institution, parliament represents the will of the people and protects the Constitution of the day (Boucher 2003). Such roles make parliament instrumental in actualizing regional integration. Whether at regional or national level, parliament is conceived as the custodian of democracy (Ginwala 2003). The sovereignty of parliament as an institution is inscribed within the doctrine of separation of powers as conceived and founded on thoughts of political thinkers such as Montesquieu, John Locke, Edmund Burke, Bentham, among others. Contextualizing parliament within the doctrine of separation of powers in his classical work The Spirit of Laws, Montesquieu opines that parliament is one of arms of government apart from the executive that bears sovereign authority as a representative of the will of the people, and remains a critical institution in balancing and protecting the interests of the Constitution (Kawade 2003). Inherent in the separation of powers doctrine as articulated by Adar (2008b, 56) is “the fundamental rights of citizens, largely entailed in the concept of democracy.” Key to such fundamental rights is that of popular participation in periodic free and fair election. As a sovereign institution, parliament performs three collective roles aimed at ensuring horizontal and vertical accountability across state agencies, the public and occasionally with the external environment. The roles include representation, legislation, and oversight (Barkan 2009, 2005). Akindele (2004) views parliament as the institutional link between the government and the people, particularly on policy related matters including foreign policy.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Kenya Citizens’ Sovereignty, Popular Participation

61

For instance, in most cases, parliament is expected to be consulted on matters relating to bilateral and multilateral treaties, as well as any possible engagement of the military outside of the state (Adar 2007; Barkan 2009a; Thomas and Sissokho 2005). Parliament bears the critical mandate of legislation. As was clearly articulated by Kelly (2003) cited in, An Introduction to the Principles of Morals and Legislation, the law can only be legitimate if it emanates from a sovereign body charged with the mandate of legislation which in this case is parliament. Rousseau views parliament from its representation role. In his social contract theory, he notes that by exercising their sovereign right of voting, citizens get into a social contract with the elected leaders who are presumed to be representing their interests both at the local, national, and even international levels (Boucher 2003a). On the oversight role, Edmund Burke conceives parliament as one of the sovereign institutions onto which state power is vested, in an effort to balance and avoid arbitrary application of law or absolutism by the executive (Boucher 2003). To this end, parliament approves national budget as a way of controlling government expenditure of public resources, and to safeguard the interests of their constituents. It is within this operational framework of parliament that this chapter examines role of Kenya’s Legislative Assembly in enhancing individual sovereignty of Kenyans, and establishment of a genuine link between EAC and its citizenry. Presumably, the engagement of Kenyan parliament in the EAC integration process is based on the need not only to advance national interests but also those of individual citizenry at a regional level. The interests are political, economic, social, or even environmental in nature. However, the focus of this chapter is to examine parliament’s role in enhancing individual sovereignty of the Kenyan people in EAC’s integration process. Our argument is founded on the premise that the validity of regional integration not only depends on Partner States as abstractions but also on the people of East Africa and their genuine link with EAC as an organization. Such a link we argue can only be established by enlargement of democracy through popular participation both at national and regional level resulting to the envisioned eastafricanization of the region, and eastafricanness as a sense of identity for the people. The roles and powers exercised by parliament with regard to enhancing individual sovereignty are enshrined in the Constitution. For instance, Article 94(1) provides that “the legislative authority of the Republic is derived from the people and, at the national level, it is exercised by parliament” while Article 94(2) emphasis on representational role, where parliament is a representative of the people’s sovereign will. In addition, the Constitution mandates parliament with the role of promoting good governance and democracy, while exercising oversight of the other state organs (Kenya 2010). Such provisions and as argued by Ginwala (2003), parliament is constitutionally the custodian

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

62

Mercy Kathambi Kaburu and Korwa Gombe Adar

of democracy making it instrumental in enhancing individual sovereignty at national or in our case at a regional level. While parliament bears such constitutional powers, actualization of its roles is dependent on internal factors including the government of the day and its approach to governance. In particular, the government’s will to uphold the doctrine of separation of powers which advocates for the autonomy and complementary relations among the three arms of government including parliament. In addition, party politics play an important role in shaping the reaction of parliament toward national and international issues. For instance, the introduction of Section 2A of the Constitution transforming Kenya from a de facto to a de jure one party, and later the repeal of the same allowing for the reintroduction of multiparty politics altered the relations between parliament and the executive (Brown 2004; Khadiagala 2009; Barkan and Matiangi 2009). The one-party regime witnessed consolidation of power to the presidency, while the reintroduction of multiparty politics saw parliament engage more actively not only on national matters but also on issues relating to foreign policy (Adar 2007; Kaburu 2017). Similarly, the promulgation of the new Constitution in 2010 has had signifcant impact on the structure of government and the subsequent operations of the parliament. Such factors, among others had signifcant effects on parliament’s role in enhancing the individual sovereignty of Kenyans within EAC’s integration framework. Involvement of Kenya’s National Assembly on matters relating to EALA dates back at independence when the idea for a possible political federation was born. For instance, Kenyan House of Representatives was in support of a political federation as advocated for by the then President of Tanzania Mwalimu Nyerere. Indeed, the House passed a resolution in June 1964 requesting for the ratifcation of Instruments of Federation, an idea that was later shelved in favor of a gradual approach toward integration through economic cooperation as stipulated in the founding Treaty of EAC I (Adar 2010; Adar and Ngunyi 1994). The involvement of Parliament in EAC integration process is anchored on constitutional provisions, and the founding Treaty. While Kenya’s Constitution provides for the legislative, representational and oversight roles of parliament as informed by the sovereign will of the people, the founding Treaty of EAC I excluded individual sovereigns and made emphasis to a state-driven integration. Article 2(1) of the 1967 Treaty clearly articulate the overall objective of the Community as “to strengthen and regulate the industrial, commercial 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 benefts whereof shall be equitably shared” (EAC 1967). The subsequent Article 2(2) which provides for the intended strategies toward the overall goal makes no reference to the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Kenya Citizens’ Sovereignty, Popular Participation

63

people of East Africa but rather makes emphasis on the intended trade and monitory gains for Partner States. Establishment of the EALA I as one of the key organs of the Community as per Article (3) of the Treaty that presumably would have given an opportunity for individual sovereigns to participate in electing their representatives to the Assembly, as one of the basic principles of liberal democracy. However, the Treaty provided for appointment of representatives by Partner States. According to Article 56(2) “members of the Assembly shall be (a) the three East African Ministers; (b) the three Deputy East African Ministers (if any); (c) twenty-seven appointed members; and (d) the Chairman of the Assembly, the Secretary-general and the Counsel to the Community” (EAC 1967). Appointment of representatives to EALA I by the state denied the people an opportunity to exercise their God-given right of electing their representatives through popular participation, a process that would have paved way for ownership and ultimately build a sense of eastafricanness (Adar 2018). In addition, the Treaty did not make provision for National Assemblies including that of Kenya to elect the representatives and by implication, though indirectly; represent the sovereign will of the people. Considering the neopatrimonial approach to leadership that characterized most African states including Kenya, the preferred approach of appointing representatives to EALA I made it easy for the executive to personalize the process, and reward their political allies (Adar 2018; Bratton and Van de Walle 1997). The fact that they were not subjected to a competitive process of elections implied that the appointed members to EALA I did not draw legitimacy from the people and thus could not be representatives of the people’s sovereign will at least as per social contract theory. Unfortunately, EAC I existed at a time when power was constitutionally concentrated on the presidency which by implication made the Kenyan legislature subordinate to the executive (Barkan and Matiangi 2009; Adar 2007). It can therefore be argued that parliament role to advance individual sovereignty in EAC I was signifcantly constrained by the provisions of the 1967 as Treaty and not necessarily by internal weaknesses. Contrary to the 1967 Treaty where East Africans were expressively excluded, the 1999 Treaty establishing EAC II makes reference to the people of East Africa. For instance, toward deepening and widening political, social, economic, and cultural cooperation among Partner State, Article 5(3, d) provides that the Community shall ensure “strengthening and consolidation of long standing political, economic, social cultural and traditional ties and associations between the peoples of Partner States so as to promote people centered mutual development of these ties and associations.” (EAC 2002). In addition, the Treaty makes emphasis on a people-centered approach to regional cooperation. Article 5(1) articulates one of the operational principles

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

64

Mercy Kathambi Kaburu and Korwa Gombe Adar

that govern the community as “people-centered and market-driven cooperation.” Furthermore, Article 5(2) implores on Partner States to embrace principles of democracy and good governance, the rule of law and universally accepted standards of human rights (EAC 2002). Such provisions by the Treaty imply that as opposed to EAC I integration that was a state-driven agenda, individual sovereigns have a role and place in the EAC II. The main concern at least for this chapter is the extent to which the Kenyan parliament can use such provisions to advance the sovereignty of the Kenyan citizenry in the integration process and the challenges thereof. Although the identifed provisions may be viewed as an attempt to make the EAC II integration process more inclusive and people-driven, the Treaty is not explicit on the direct involvement of East Africans in decision-making. This creates a missing genuine link between the sovereigns and the Community. Understandably, a genuine link between the people and EAC can only be established through a provision that supports the inherent principle of universal adult suffrage, which advocates for direct participation of a people in electing their representatives through periodic, fair and free elections (Adar 2010). In the case of EAC, enhancement of individual sovereignty could easily be achieved if representatives to EALA as the law making organ were to be elected directly by the East Africans, a process that would create a sense of ownership, we ness or in our case eastafricanness. The Treaty however bestows National Assemblies with the noble of responsibility to act on behalf of the citizens and elect representatives to EALA within procedures as they determine. According to Article 50(1), “The National Assembly of each Partner State shall elect not from among its members of the Assembly, in accordance with such procedure as national Assembly of each Partner State may determine” (EAC 2002). While the Treaty empowers parliament to indirectly represent the will of the people through EALA, there is no genuine link or clear and explicit statutory linkage between the Community, the people, and the institutions thereafter. As has been argued by scholars this provision by the Treaty denies East Africans an opportunity to exercise their God-given right of consciously electing their preferred candidates to position of leadership (Adar 2005, 2010, 2018; Bosire 2018). In the year 2000, Members of Parliament acting within their legislation and representational roles raised their concerns regarding the exclusion of individual sovereigns in EAC II integration process. Contributing to the motion on the bill seeking domestication of the Treaty for establishment of EAC II, a Member compared the 1967 and 1999 Treaty with regard to people’s involvement and concluded that setting up of the EALA has been done in a very shy way in the sense that we have taken the least common denominator to establish the Assembly, a

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Kenya Citizens’ Sovereignty, Popular Participation

65

Copyright © 2020. Lexington Books. All rights reserved.

denominator that was used during the defunct EAC . . . we are still using the formula of the three parliaments will nominate representatives to the Assembly, rather than asking the representatives to the Assembly be elected to directly by the people . . . we use a system which will result to paternalism, and, at best, indirect representation. (Kenya National Assembly 2000)

Making recommendation on how direct election of members to the EALA could be achieved the Member noted that “my request to this House is that one of the amendments that should be made in this Treaty is that those who seat in EALA should be elected directly be Kenyans. . . . We can also recommend two types of representation to include national representatives elected by peoples of Partner States and territorial representatives who should be elected by East Africa as a whole and as one constituency” (Kenya National Assembly 2000). Drawing from the observations by the member of Parliament, it can be argued that though the 1999 Treaty had been signed by the Heads of States as a procedure before it was brought for domestication. Parliament can therefore use its legislative power and advocate for amendments to the Treaty to include direct participation of individuals in decision-making. The Treaty makes provision for relations between EALA and National Assemblies of Partner States. For instance, Article 65 provides for the sharing of information emanating from relevant debates both in National Assemblies and EALA aimed at achievement of the core objectives of the Community. Although the relations between EALA and National Assemblies are founded on the need for popular participation on people’s opinions on achievement of the Community objectives as per Article 65, parliament can use the same platform to advocate for involvement of the people in decision-making as it remains one of the main impediment toward eastafricanization of the region, eastafricanness of the people. According to Adar (2005), the East Africans and the territory remains inseparable, and that popular sovereignty creates a genuine bond between the people and the territory paving way for sustainable political federation. As earlier noted, amendments to the Treaty to ensure people’s direct participation in the integration process was one of the strategies that was identifed by Kenyan Legislators. Parliament noted that “amendments should have made to the treaty to ensure representatives to EALA are be elected by Kenyans” (Kenya National Assembly 2000). However, the process of amending the Treaty is likely to be faced with challenges. For instance, Article 150 provides elaborate steps toward amendment of the Treaty. Of concern, however, is Article 150 (1) which provides that the Treaty can only be amended through agreement of all the Partner States, and 150 (6) which requires adoption of the amendments by the Summit. According to Article 12(3), decision

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

66

Mercy Kathambi Kaburu and Korwa Gombe Adar

by the summit is by consensus. With the understanding that each states decision is founded on its national interests within the regional framework, it is likely that any recommended amendments to the Treaty should at least serve the interests of all the Partner States, failure to which the Summit is unlikely to reach a consensus on the same. From its representative role, the Kenyan parliament pointed to the weaknesses of the Treaty even before it was domesticated to become part of the Kenyan law. Members noted that as a representative of people’s sovereign will, National Assemblies should have been familiarized with the content of Treaty and their views sought before it was signed by the three heads of State and Government. A member of Parliament noted:

Copyright © 2020. Lexington Books. All rights reserved.

I take exception to a situation where my constituents will be confronted by laws which will look strange them and to the Honorable Members of Parliament . . . the people of East Africa, 85 million have not been consulted in terms of making the provisions of the treaty. (Kenya National Legislative Assembly 2000)

Apart from regional factors that defnes Parliaments role in enhancing individual sovereignty, the Treaty empowers parliament to indirectly represent their people by electing national representatives to EALA as political parties as per Article 50(1). EALA Election Act (2011) stipulates that National Assembly of each Partner State in accordance with its rules of procedure elect not from among its members, nine members of the Assembly. Members elected shall in as much as it is feasible represent, (a) political parties represented in the National Assembly; (b) shades of opinion; (c) gender; and (d) special interest groups. Elections should also refect at least one-third of the elected members shall refect either gender (East African Legislative Assembly 2011). While Kenyan parliament has endeavored toward meeting the provisions of EALA, it has confronted by challenges. While acknowledging the existence of other challenges, the next section examines political parties as focal units in electing representatives to EALA. PARLIAMENT, INDIVIDUAL SOVEREIGNTY AND EAC INTEGRATION: THE PLACE OF POLITICAL PARTIES As earlier noted in the chapter, the EAC Treaty of 1999 empowers the National Assemblies of Partner States to elect at least nine representatives to EALA. Keeping to the organizational and institutional framework of most parliaments across the globe, the Treaty identifes political parties as the basis for elections of representatives to EALA. Article 50 provides that “the National Assembly of Partner State shall elect, not from among its members

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Kenya Citizens’ Sovereignty, Popular Participation

67

of the Assembly, who will represent as much as it is feasible, the various political parties represented in the National Assembly” (EAC 2002). While considerations such as gender, shades of opinion, and special interests have been identifed by the Treaty and EALA’s Election Act as necessary, they have always been considered within the framework of party politics at least in Kenya. The provision by the Treaty gives an opportunity for political parties to play their primary role which Lipset (1994) describes as the mediating institutions between the citizenry and state power. For this case, political parties are to mediate between East Africans and regional power represented by EAC as an organization. The main question at least according to this chapter is whether political parties have enhanced the individual sovereignty of Kenyans in EAC toward sustainable integration process. As was described by Schumpeter in the 1950s political parties are the basis of democracy (Lipset 1960). Driven by differing ideologies, political parties are formed with the aim of capturing and maintaining political power. Though conceived as elite-driven institutions, political parties provide alternatives to citizens to exercise their sovereign right through popular participation. Article 91 of the Kenyan Constitution provides for the requirements of a political party including having a national character, have a democratically elected governing body; abide by the principles of good governance and democracy among others, and will not be founded or ethnic, religious, racial, gender or regional affliations (Kenya 2010). While these are the some of the prescribed principles, political parties in most African states including Kenya have been described as exhibiting ethno-linguistic nature and regional support, and lacking basic elements such as internal democracy, and a sustained ideology as basic prerequisites (Salih 2003; Carey 2002; Khadiagala 2010; Adar 1998, 2000, 2007). Presidents have occasionally doubled their executive role with that of a political party leader as was the case of Kenya during the one-party era. In such a case the political party has been used to limit the powers and autonomy Parliament, including pursuit for enhanced individual sovereignty at both local and international levels. Political parties in Kenya can be contextualized within two phases. The one-party regime which witnessed a fusion between the state and the ruling party Kenya African National Union (KANU) and after the reintroduction of multiparty democracy that led to the emergence of many political parties competing to capture and retain political power (Oyugi 1994; Brown 2004). Except for KANU, which by the virtue of having captured political power at independence and having retained it for close to three decades, all other political parties seldom enjoy national presence and support which is one of the defning aspects of parties according to the Constitution. Khadiagala (2010) describes political parties in Kenya as institutions that hardly exceed individualistic and ethnically oriented politics. He therefore conceives them

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

68

Mercy Kathambi Kaburu and Korwa Gombe Adar

as coalitions-cum-political movements that lack intra-organizational lucidity and ideologies that would qualify them as genuine parties (Khadiagala 2010). Barkan and Matiangi (2009, 51) described political groupings in Kenya as “coalitions of ethnic blocks headed by local and regional bosses.” Ajulu (2002) acknowledges ethnicity as core to Kenyan politics and notes that class politics which defne the political agenda are mediated through party groupings that bear ethnic orientation. Commenting on the nature of political parties in the EAC region, Adar (2005) views them as having limited experience in intra-party democratic values, and with marginal organizational and electoral experience. Such political groupings in the name of parties have conveniently been used by elites to mobilize the masses and capture state power. However, the weak institutional structures within the coalitions have seen them hardly survive beyond one electoral cycle. The case of the National Rainbow Coalition (NARC) that saw President Mwai Kibaki ascend to power in 2002 befts the description as one that hardly witnessed the second cycle of election in 2007. Internal wrangles and lack of a shared ideology saw constituent parties of the NARC exit the coalition, as new political outfts emerged (Kanyinga, Okello, and Akoko 2010; Barkan and Matiangi 2009). The identifed weaknesses of political parties in Kenya among many others underscores the underlying factors that are likely to limit them and by implication parliament from effectively taking up its place and role in enhancing individual sovereignty of Kenyans in EACs integration process. While the political parties provide the framework of nominating candidates for election by parliament, political elites have exploited the ethnic and individualistic nature of parties among other weaknesses to nominate their allies, and sometimes close family members who have eventually been elected by the National Assembly to EALA. For instance, in December 2017, party nominees for National Super Alliance as a coalition included Kennedy Musyoka Kalonzo and Oburu Oginga Odinga, both of whom are close relatives of Wiper and Orange Democratic Movement (ODM) party leaders (Kenya National Assembly 2017). Citizens who claim membership to such political party lack channels that would facilitate their active involvement in the nomination of the candidates if not through direct election. Their voices have been silenced by a system that denies them an opportunity to exercise their sovereign right of electing their preferred representatives to EALA. With political parties lacking internal democracy, it can be concluded that party leaders who have undertaken the role of nominating representatives for election by parliament to EALA, do so out of selfsh interests and not for the common good of the party members and Kenyans in general. By implication therefore and as argued by Adar (2005), EALA does not draw its legitimacy from the people but rather from

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Kenya Citizens’ Sovereignty, Popular Participation

69

political parties that make up the National Assemblies of Partner States. This negates the people-centred approach to regional integration, at least for the Kenyan case. Apart from the intraparty challenges, there is also the question of the number of representatives to EALA. With each Partner State expected to elect only nine members, there are concerns that not all political parties have an opportunity to have one of their own elected. With Kenya registering over twenty political parties represented in parliament, and by the virtue that most parties have an ethnic or regional orientation, it is possible that such elections to EALA could result to a feeling of ethnic exclusion. Taking cognisance that not all ethnic and regional groupings in the name of political parties can be represented in EALA, we argue that subjecting candidates to popular participation even if at a party level would help deal with feelings of exclusion and enhance ownership of the integration process. Indeed, a careful navigation of structural weaknesses within political parties can help enhance individual sovereignty of Kenyans toward eastafricanness and the eastafricanization of the region. Parliament should therefore use it legislative powers to establish laws that will ensure observance of minimum principles of democracy and good governance by political parties, to the advantage of individual citizens and EAC as a whole.

Copyright © 2020. Lexington Books. All rights reserved.

GENUINE LINK WITH EALA: A PREREQUISITE FOR EASTAFRICANIZATION, EASTAFRICANNESS, AND EAC INTEGRATION A legislative Assembly whether at a national or regional level bears at least three important roles: representation, legislative, and oversight. As an institution, parliament is one of the arms government apart from the executive that bears the sovereign authority to represent the will of the people (Kelly 2003). EALA must therefore derive its legitimacy and authority from East Africans to whom the sovereign power of their territory is vested. Within the provisions of the 1999 Treaty, this section examines the existing link between EALA and the people of East Africa and its implication on the integration process. The question is whether there exists a genuine link between the people and EALA, and what role the national parliament can play toward sustainable eastafricanization, eastafricanness, and integration. Among other organs of EAC as provided for in Article 9 of the Treaty is EALA, which as the legislative organ of the Community. Article 48 of the Treaty articulates the membership of EALA which includes nine elected members by each Partner States, while all the others including ministers responsible for EAC affairs, assistant ministers, and the secretary general are

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

70

Mercy Kathambi Kaburu and Korwa Gombe Adar

categorised as ex-offcials (EAC 2002). Our focus here is the nine elected members, and how the process of electing them to EALA, can be used as the ultimate means of not only creating the genuine link between EAC and the people but also to legitimize EALA’s authority as a representative of the sovereign will of the East Africans. As noted by Adar (2010) the link between the operational functions of EALA and the people of East Africa is critical for the legitimacy of the Assembly, and the ultimate survival of EAC. At the core of democracy is the direct involvement of the people in universal adult suffrage. EALA is no exception to this principle (see also chapters 6 and 9). The Treaty however excludes East Africans from direct participation, and empowers the national parliaments to indirectly represent the will of the people by electing the nine members to the Assembly as earlier discussed in the chapter. This negates the people-centred approach to regional integration and can be perceived as advocating for a top-down or state-led approach that according to the Kenyan parliament led to the disintegration of EAC I in 1977 (Kenya National Assembly 2000). The exclusion of the people implies that EALA derives its legitimacy from political parties. In other words, representatives to EALA pledge their loyalties to political parties that nominated them as opposed to the people they claim to represent. This, the Treaty does not create an opportunity for East Africans to get into a social contract with EALA as their representative. Rousseau, a proponent of social contract theory, notes that by exercising their sovereign right of voting, citizens get into a social contract with the elected leaders who are presumed to be representing their interests both at the local, national, and even international levels (Boucher 2003a). With the Treaty not providing for direct involvement of the citizens, one of the options that can be used to create some form of a genuine link between EALA and the people is through the National Assemblies of Partner States and for our case the Kenyan parliament. National Assemblies have been empowered to use their internal structures and determine their preferred procedures of electing the nine members of EALA. Article 50(1) provides that election shall be carried out “in accordance with such procedure as the National Assembly of each Partner State may determine” (EAC 2002). Notably, the Treaty also makes emphasis to political parties represented in the National Assembly. As earlier noted in the chapter, most political parties are individualized, have regional and ethnic orientation, they lack internal democracy, and remain as weak coalitions without a shared ideology (Barkan and Matiangi 2009; Khadiagala 2010). However, parliament can use its legislative authority and establish laws to enhance internal democracy among political parties, a move that could ensure that party leaders are procedurally and legitimately elected into offce. Additionally, party members should also be given an opportunity of dominating their preferred candidate for election

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Kenya Citizens’ Sovereignty, Popular Participation

71

by parliament. While such ideas are feasible, they remain at the mercy of the political elites, who in most cases are benefciaries of the system and would prefer to maintain the status quo. Another avenue for creating the genuine link between EALA and the people of Kenya is by pursuing amendments to the Treaty. In a motion that led to the domestication of the Treaty, Members of parliament raised their concerns relating to the exclusion of East Africans from direct involvement in electing of the members to EALA. A Member noted that “the Members of EALA should be elected directly by the people of East Africa. This is possible.” Another Member noted that “we should recommend amendment to the Treaty to ensure that those who sit in the Assembly are elected by Kenyans” (Kenya National Assembly 2000). While amendment to the Treaty may be a lengthy process as per Article 150 (1–6), and particularly considering that decision making in the Summit is by consensus, it can be argued that it is one of the open options that the Kenyan parliament can use to advocate for individual sovereignty and to create the much needed genuine link between the sovereigns, EALA, and the Community. It remains one among the many avenues that can be exploited toward sustained eastafricanization, eastafricanness, and regional integration that as at now remains elusive.

Copyright © 2020. Lexington Books. All rights reserved.

CONCLUSION Sustained and meaningful regional integration depends on direct involvement of the people to whom the sovereign authority is vested. This however has not been the case for EAC. The 1967 Treaty that founded EAC I hardly made reference to the people of East Africa, but favored a statist approach to integration. Emphasis was limited to economic cooperation among Partner States. The 1999 Treaty that established EAC II adopted a people-centered and market-driven principle toward regional integration. The Treaty however failed to make explicit provision for individual sovereign’s involvement in decision-making. Although the Treaty empowers National Assemblies and political parties to nominate and elect representatives to EALA, it can be argued that direct involvement of the people would be preferable to ensure ownership leading to sustained eastafricanization, eastafricanness, and integration. Popular participation in periodic, free and fair election is not only necessary for providing legitimacy to EALA as a legislative body, but creates a genuine link that necessary for the survival of EAC. The role of parliament in enhancing the individual sovereignty of Kenyans at the regional level remains important as one of the means of enlarging democracy. Acting within its operational framework of legislation, representation, and oversight, and powers conferred by the Treaty to elect members

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

72

Mercy Kathambi Kaburu and Korwa Gombe Adar

to EALA, parliament remains central to creating the genuine link between EALA and the Kenyan people. While acknowledging that most political parties in Kenya lack internal democracy and national representation among other challenges, parliament should use the power bestowed to it by the Treaty on choice of preferred procedures leading to nomination and election of representatives to EALA, to legislate laws that would ensure that political parties adhere to basic principles of democracy. It is only by enhancing internal democracy that party nominees who are subsequently elected to EALA can draw legitimacy from the citizenry. Amendments of the Treaty remain the most conclusive way to include individual sovereignty in EAC’s decisionmaking process. While this may be more engaging and could take longer, parliament should commence the process and seek to have the backing of other Partner States, EALA and the Summit. Such amendments if realized will not only result to a sense of ownership and eastafricanness but also would lead to eastafricanization and sustained regional integration.

Copyright © 2020. Lexington Books. All rights reserved.

REFERENCES Adar, Korwa G. 2018. “Sovereignty of East Africans in the Balance: The Role of East African Legislative Assembly and the Integration Process of the EAC.” In Building Regionalism from Below: The Role of Parliaments and Civil Society in Regional Integration in Africa, edited by Korwa G. Adar, Finizio Giovanni, and Meyer Angela, 65–89. Brussels: P.I.E. Peter Lang S.A. Adar, Korwa G. 2014. “East African Community.” In The Democratization of International Institutions: First International Democracy Report, edited by Levi Lucio, Finizio Giovanni, and Vallinoto Nicola, 230–241. London: Routledge. Adar, Korwa G. 2010. “Fast Tracking Federation: A Problematic Dynamic?” In A Region in Transition: Towards A New Integration Agenda in East Africa, edited by Rok Ajulu, 64–98. Midrand, South Africa: Institute for Global Dialogue. Adar, Korwa G. 2008a. “Federalism and National Consultative Committees: Challenges and Prospects Towards East African Integration.” African Journal of Development Studies 1, no. 15: 53–73. Adar, Korwa G. 2008b. “The Legal Framework of the GNU and the Doctrine of Seperation of Powers: Implication for Kenya’s Legislative Assembly.” Journal of African Elections 7, no. 2: 52–76. Adar, Korwa G. 2007. “Kenya’s Foreign Policy and Foreign Policy-Making Process: Analytical Context.” In Globalization and Emerging Trends in African Foreign Policy, Volume 11: A Comparative Perspective of Eastern Africa, edited by G. Adar Korwa and J. Schraeder Peter, 71–90. Lanham: University of America Press, Inc. Adar, Korwa G. 2005. “New Regionalism and Regional Construction: The Case of East African Community.” Journal of Political Science and Public Administration 2, no. 1: 28–48.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Kenya Citizens’ Sovereignty, Popular Participation

73

Adar, Korwa G. 2000. “Assessing Democratization Trends in Kenya: A Post-moterm of the Moi Regime.” Journal of Commowealth and Comparative Politics 38, no. 3: 103–130. Adar, Korwa G. 1998. “Ethnicity and Ethnic Kings: The Enduring Dual Constraint in Kenya’s Multiethnic Democratic and Electoral Experience.” Journal of the Third World Spectrum 5, no. 2: 71–96. Adar, Korwa G. and Ngunyi, Mutahi. 1994. “Politics of Integration in East Africa.” In Politics and Administration in East Africa, edited by Walter O. Oyugi, 395–525. Nairobi: East African Educational Publishers Ltd. Ajulu, Rok. 2002. “Politicised Ethnicity, Competitive Politics and Confict in Kenya: A Historical Perspective.” African Affairs 66, no. 2: 251–268. Akindele, R. A. 2004. “The National Assembly and Nigeria’s Foreign Policy: An Explanatory Note on Legislative Role Marginalization in Nigeria.” In Nigeria’s New Foreign Policy Thrust: Essays in Honour of Ambassador Oluyemi Adeniji, CON, edited by Bola A. Akinterinwa, 225–265. Ibadan: Vantage Publishers. Barkan, Joel D. 2009. “African Legislatures and the ‘Third Wave’ of Democratization.” In Legislative Power in Emerging African Democracies, edited by Joel D. Barkan, 1–32. Boulder: Lynne Rienner Publishers. Barkan, Joel D. 2009a. “South Africa: Emerging Legislature or Rubber Stamp?” In Legislative Power in Emerging African Democracies, edited by Joel D. Barkan, 205–229. Boulder: Lynne Rienner Publishers. Barkan, Joel D. 2005. Emerging Legislature or Rubber Stamp? The South African National Assembly After Ten Years of Democracy. CSSR Working Paper No. 4. Centre for Social Science Research, University of Cape Town. Accessed on June 7th 2018. Barkan, Joel D. and Matiangi, F. 2009. “Kenya’s Tortuous Path to Successful Legislative Development.” In Legislative Power in Emerging African Democracies, edited by Joel D. Barkan, 33–72. Boulder: Lynne Rienner Publishers, Inc. Bosire, R. M. 2018. “East African Regional Integration: A Contextual Analysis of Tanzania’s Legislative Assembly.” In Building Regionalism from Below: The Role of Parliaments and Civil Society in Regional Integration in Africa, edited by Korwa G. Adar, Finizio Giovanni, and Meyer Angela, 155–173. Brussels: P.I.E. Peterlang s.a. Boucher, D. 2003. “Burke.” In Political Thinkers: From Socrates to the Present, edited by D. Boucher and P. Kelly, 365–382. Oxford: Oxford University Press. Boucher, D. 2003a. “Rousseau.” In Political Thinkers: From Socrates to the Present, edited by D. Boucher and P. Kelly, 235–252. Oxford: Oxford University Press. Bratton, M. and van de Walle, N., eds. 1997. Democratic Experiment in Africa: Regime Transitions in Comparative Perspective. Cambridge: Cambridge University Press. Brown, S. 2004. “Theorising Kenya’s Protracted Transition to Democracy.” Journal of Contemporary African Studies 22, no. 3: 325–342. Carey, S. C. 2002. “A Comparative Analysis of Political Parties in Kenya, Zambia and the Democratic Republic of Congo.” Democratization 9, no. 3: 53–71. East African Community. 2015. EAC Vision 2050: Regional Vision For SocioEconomic Transformation and Development. Arusha: East African Community.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

74

Mercy Kathambi Kaburu and Korwa Gombe Adar

East African Community. 2007. Report of the Committee of Fast-Tracking East African Federation. Arusha: East African Community Secretariat. East African Community. 2002. The Treaty for Establishment of East African Community. Arusha: East African Community Secretariat. East African Community. 1967. Treaty for East African Cooperation. Arusha: East African Community. East African Legislative Assembly. 2011. The East African Legislative Assembly Elections Act, 2011. Arusha: East African Community. Ginwala, F. 2003. The Role of Parliament in Meeting the Challenges of Globalization to Democratic Governance in Africa. DPMF, Occasional Paper No. 8. Addis Ababa: Development Policy Management Forum. Kaburu, Mercy K. 2017. Decision Making Theory and Foreign Policy Process: Empirical Ontological and Epistemological Contextualization of Kenya’s Diplomacy Towards Somalia, 1996–2012. PhD Dissertion, United States Ingternational University, Nairobi, Kenya. Kanyinga, K., Okello D., and Akech, A. 2010. “Contradictions of Transition to Democracy in Fragmented Societies: The Kenya 2007 General Elections in Perspective.” In Tensions and Reversals in Democratic Transitions: The Kenya 2007 General Elections, edited Karuti Kanyinga and D. Okello, 1–28. Nairobi: Society for International Development. Kawade, Y. 2003. “Montesquieu.” In Political Thinkers: From Socrates to the Present, edited by D. Boucher and P. Kelly, 219–234. Oxford: Oxford University Press. Kelly, P. 2003. “Bentham.” In Political Thinkers: From Socrates to the Present, edited by D. Boucher and P. Kelly, 309–323. Oxford: Oxford University Press. Kenya. 2010. Kenya Constitution, 2010. Nairobi: Government Printer. Kenya. 1984. The East African Community Mediation Agreement Act, 1987. kenya​ law.o​rg/le​x/res​t//db​/keny​alex/​Kenya​/.../​No.%2​07%20​of%20​1987.​pdf. Accessed on 16th July, 2018. Kenya National Assembly. 2017. Parliamentary Hansard. https​://bo​oks.g​oogle​.co.k​e/ boo​ks?id​=bDQS​yAQLS​AAC. Accessed on July 15, 2018. Kenya National Assembly. 2000. Parliamentary Hansard. https​://bo​oks.g​oogle​.co.k​e/ boo​ks?id​=bDQS​yAQLS​AAC. Accessed on June 17, 2018. Khadiagala, G. M. 2010. “Political Movements and Coalition Politics in Kenya: Entrenching Ethnicity.” South African Journal of International Affairs 17, no. 1: 65–84. Khadiagala, G. M. 2009. “Regionalism and Confict Resolution: Lessons from the Kenyan Crisis.” Journal of Contemprary African Studies 27, no. 3: 431–444. Kibua, T. N. and Tostensen, N. 2005. Fast-tracking East African Integration: Assessing the Feasibility of a Political Federation by 2010. Bergen: CMI Reports. Krasner, S. D. 2004. “The Hole in the Whole: Sovereignty, Shared Sovereignty, and International Law.” Michigan Journal of International Law 25, no. 4: 1075–1101. Lipset, S. M. 1994. “The Social Prerequisites of Democracy Revisited: 1993 Presidential Address.” American Sociological Review 59, no. 1: 1–22. Lipset, S. M. 1960. Political Man: The Social Basis of Politics. New York: Doubledy & Company, Inc.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Kenya Citizens’ Sovereignty, Popular Participation

75

Copyright © 2020. Lexington Books. All rights reserved.

Oyugi, W. O. 1994. “The Uneasy Alliance: Party State Relations in Kenya.” In Politics of Adiministration in East Africa, edited by Walter O. Oyugi, 154–189. Nairobi: East African Education Publishers Ltd. Salih, M. A. M. 2003. “The Evolution of African Political Parties.” In African Political Parties: Evolution, Institutionalization and Governance, edited by M. A. M. Salih, 1–33. London: Pluto Press. Stein, E. 2001. “International Integration and Democracy: No Love at First Sight.” American Journal of International Law 95, no. 3: 489–534. Thomas, M. A. and Sissokho, O. 2005. “Liaison Legislature: The Role of National Assembly of Senegal.” Journal of Modern African Studies 43, no. 1: 97–117. Tilly, C. 2007. Democracy. New York: Cambridge University Press.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 4

Rwandan Citizens’ Sovereignty, Popular Participation, and the EAC Integration and Democratization Nicasius Achu Check

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION The purpose of this chapter is to analyze Rwanda’s participation in the East African Community (EAC) integration project. It will investigate whether Rwanda citizens’ sovereignty has been trampled upon as a result of the drive by the EAC toward a Political Federation in the near future. Basing the argument on the neofunctional approach, the chapter reviewed Rwanda’s role in ensuring that the EAC fulflls the objectives it set out to do in its charter. Emphasis will be on explaining how Rwanda participates in the decisionmaking processes of the various organs of the EAC, challenges with other Partner States which could hamper the integration process and policy analysis aimed at extracting the best from the EAC integration project for the beneft of the people of Rwanda. The chapter understands that while there is a framework in achieving Political Federation, which is the end game of the integration project in the EAC, there are challenges which need to be overcome in order for this milestone to be achieved. While the African Union (AU) have insisted that subregional organizations should be the building blocks for a United States of Africa, the importance of the EAC in uniting countries in the East African subregion as a prelude to the Africa unity government, should not be underestimated. That notwithstanding, while there are many types of regional integration, such as a Customs Union, Monetary Union, and Political Federation, the EAC integration project attempts to combine Custom Union, Common Market, Monetary Union, and a Political Federation through a piecemeal approach. Since its inception, the EAC has successfully achieved a Custom Union and a Common Market. Though the Monetary Union and the Political Federation 77

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

78

Nicasius Achu Check

have hit a snag, measures are in place to ensure that the four stages set out by the EAC to achieve complete integration are completed in the near future. However, though the Treaty establishing the East African Community, EAC, was signed on November 30, 1999, Rwanda only acceded to the EAC Treaty on June 18, 2007 and became a full member of the community on July 1, 2007. The Rwandan government and the people of the country therefore commenced actively participating in the activities, benefts and obligations associated to the neofunctional approach of the community in July 2007. The participation of Rwanda in the activities of the EAC and the birth of a new nation should be seen within the context of situating Rwanda as an emerging country in the continent and the wider concert of global nations in the postgenocide era. As Katembo (2008, 111) notes, in this age where the challenges of globalization necessitates greater cooperation between countries to enhance socioeconomic development, the adherence of Rwanda to this important subregional economic community could not have come at a better time. With a larger economic of scale, the EAC initiative and concept is expected to boost the political and economic clout of the region and strengthen regional cooperation, infrastructure, and development through full political, economic, and cultural integration of the member states (Katembo 2008, 111). With a comparatively small geographical size and human population, Rwanda would beneft from some of the areas of cooperation which include commerce, technology, health, environmental concerns, and tourism. Of fundamental concern to Rwanda would be cooperation in the domain of politics including defense, foreign affairs, and judicial matters. While considerable cooperation has been reinforced in the domain of a common language, Kiswahili, and the common legislative assembly, cooperation in the felds of shared initiatives in research, regional transportation, and resource usage is well advanced. However, as Baker (1970, 141) notes, Rwanda has been reticence in joining or participating in subregional organizations as noted in the still-born Organisation Commune de Cooperation Economique d’Afrique Centrale, OCCEAC, new political, security, and economic permutations in the region have jolted the once isolationist political concept of the pregenocide governments to a more assertive postgenocide government bent on showcasing Rwanda’s remarkable recovery from the dark history of hate and otherness. As Baker (1970, 144) further notes, the colonialism of Rwanda by the Germans was only possible from Tanzania, through Usumbura (later Bujumbura) in present-day Burundi. After World War I, Rwanda and Burundi were captured by Belgian forces from Belgian Congo. During the Versailles Treaty, the two colonies were handed over to the Belgians as Mandated territories (see also chapters 2 and 8). Belgium retained authority over the territories in the form of a United Nations Trusteeship after World War II (Baker

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Rwandan Citizens’ Sovereignty, Popular Participation

79

1970, 144). The Belgians, however, continued to emphasize the primacy of Usumbura (Bujumbura) through which all decisions from the Congo were channeled. Interesting enough, goods destined for Burundi and Rwanda were shipped through the port city of Dar es Salaam as Rwanda and Burundi was a mere 1,200 kilometers from the Indian Ocean as to the 2,000 kilometers from the Congo’s Atlantic Ocean. Thus, Rwanda and Burundi continue to have more commercial, cultural, political, and economic ties to the people of the East Africa subregion than with other states in the Central Africa subregion. While Rwanda continues to trade with the outside world via the port of Dar es Salaam, Belgium ensures that it maintains a frm grip on Rwanda’s cultural landscape. This form of a bifurcated state-dominated Rwanda’s political system in the decolonial era and to a large extent shaped the ambiguous foreign policy direction of the newly independent state in the 1960s. It was therefore proper for Rwanda to adhere to the Treaty establishing the EAC so as to take advantage of the already existing cultural, commercial, and political ties that the country had established with other states in the subregion since the colonial era.

Copyright © 2020. Lexington Books. All rights reserved.

RWANDA AND THE EAC: SOME CLARIFICATIONS The Lagos Plan of Action impresses that subregional organizations should be the building blocks for an eventual United States of Africa. While the Economic Community of West African States (ECOWAS) have made tremendous advances in the domain of bringing the people and commercial activities in the West African subregion together, efforts are have been made to do same in the eastern part of the continent. However, as Kasaija (2004, 23) contends, the Treaty establishing the EAC, the ultimate goal of the community is to achieve a Political Federation starting with a Common Market and a Monetary Union. The question therefore is, is Rwanda’s adherence to the EAC tantamount to her belief in a Political Federation in East Africa? What are the contours the country needs to navigate in order to achieve such a grand political agenda? Are the people of the country regularly consulted on matters concerning the community? Before some clarity is provided on some of these burning issues, it should be noted that there are generally fve types of economic integration which Rwanda needs to ponder on as it fully engages in the operationalization of the goals of the EAC. First is the free trade area in which tariffs and quotas are eliminated among members of the integrating region. The second is a customs union whereby tariffs and quotas and also discriminatory tariffs by nonmember countries are eliminated. Fundamental to a customs union is the setting up of a common external tariffs regime. The third level of integration involves the establishment of

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

80

Nicasius Achu Check

a Common Market. This usually entails the elimination of obstacles for the free fow of factors of production. The fourth is an economic community which entails the harmonization of economic policies and the introduction of a common currency. The last stage of an integration process is a political union whereby the structures and political institutions which harmonize policies also themselves become harmonized and unifed (Kasaija 2004, 23). At this stage, how far would Rwanda go as she participates in the activities of the community? Before the in-depth analysis of Rwanda’s efforts in effectively participating in the integration agenda of EAC, it would be important to note that in the year 2000, Rwanda launched “vision 2020” which aimed at moving the country up the development ladder from a low-income to lower-middle-income country. Noteworthy also, the vision 2020 strategy is articulated around six pillars, one of which calls for the promotion of regional economic integration and cooperation (De Melo and Collinson 2011, 6). Based therefore on this important Rwandan government policy document, it was a fait accompli for Rwanda to adhere to the EAC in 2001. However, one important observation emerges from our review of Rwanda’s participation in the EAC. While it could be possible to argue that Rwanda has generally accepted to be part of the economic integration agenda of the EAC, effective participation could only be observed at the frst three stages of economic integration model. As De Melo and Collinson (2011, 6) note, for a small landlocked economy with one of the highest trade costs in the world, exporting is essential. Thus, Rwanda’s adherence to the principles of the EAC is largely to nurture its economic relations with its geographically close partners that are themselves integrated on a preferential basis. Principally, such an agenda is to reduce transport costs within the subregion and with the outside world (De Melo and Collinson 2011, 6). This superfcial observation is based on the fact that regional integration has yet to live up to the expectations judging from the fact that integration have not been very deep, extending only to the removal of tariffs. Beside the free movement of goods and services, which is a cardinal pillar of the integration process in the EAC, the free movement of people within the EAC subregion is becoming a central issue in both practice and policy implications (Kanyangoga 2010, 4). Thus, the eastafricanization of the country is not just wrap around rhetoric but by actual neofunctional integration model. Rwanda has in the main extent some misgivings regarding the free movement of people as the country continues to dabble with security threats along its Ugandan and Congolese border. In early 2019, the Rwandan government closed its border with Uganda citing security concerns. As Byaruhanga (2019, 5) opines, the Rwandan government has accused the government of Uganda of supporting rebel groups trying to oust the government of Kagame.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Rwandan Citizens’ Sovereignty, Popular Participation

81

Though the closure has affected businesses on both sides of the border, it however revealed that migration policies in the subregion could be adapted to address the challenges which the countries of the subregion are facing. Fundamental to this would be the need to ensure that migration policies facilitate and promote development such that such policies could be used to offset some of the negative aspects of migration in the region and intrinsic national interests (see, for example, Kanyangoga 2010, 4). Burundi, on the other hand, had express reservations about Rwanda’s purported backing of an attempted coup in the country in 2015. As Frykberg (2019) notes, President Nkurunziza of Burundi had requested that the EAC convene an extraordinary summit to address the differences with Rwanda. The December 2018 EAC summit exposes deeply rooted mistrust and misgivings between Partner States. The purported disagreement on the resolution of long outstanding nontariff barriers and a progress report on the adoption of the political confederation have surfaced, putting a break on the integration process in the subregion (Frykberg 2019). Security challenges in South Sudan and the verifcation exercise to admit Somalia, have also hit a snag and careful consideration needs to be adopted in order for the integration process in the subregion to commence. It is notable that the free movement of people features prominently in the Treaty establishing the EAC. Article 104 of the Treaty provides for free movement of persons, labor services, right of establishment, and residence (Kanyangoga 2010, 8). The article goes further to articulate the means through which the Partner States are to achieve this objective. The frst would be (a) easing border crossing by citizens of the Partner States (b) harmonizing and maintaining common employment/labor policies, programs, and legislation (Kanyangoga 2010, 8). By closing its border with Uganda, Rwanda has effectively breached Article 104 of the Treaty establishing the EAC. Though consequences for such actions are not clearly stated in the Treaty, Rwanda’s action has put a strain on the effective functioning of the EAC. These challenges, coupled with negative mindsets of some in the EAC and the poor infrastructure necessary to facilitate free movement of people, need to be worked on to ensure an effective implementation of all the articles establishing the EAC. CONCEPTUALIZING RWANDA’S POPULAR PARTICIPATION IN THE EAC Rwanda’s vision 2020 sees the EAC as an important developmental project in driving the economic emergence of the country. According to Hope Magazine (2019) the economic bloc offers Rwanda access to new markets and an opportunity to reduce the disadvantage of being a landlocked country. On

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

82

Nicasius Achu Check

the whole, Rwanda’s adherence to the Treaty establishing the EAC could be conceptualized from around the following four thematic areas:

Copyright © 2020. Lexington Books. All rights reserved.

1 . Benefciation on economies of scale 2. Enhancement of her external security challenges 3. Leverage on the human capital and technological advancement of Partner States and 4. Creating subregional linkages for leadership and grassroots support for self-suffcient initiatives A key thematic thrust that has facilitated Rwanda’s adherence to the EAC is for the country to beneft from the large customs union economies of scale which would allow the country to import, export, and sell under the canopy of the larger EAC countries. As a landlocked country, Rwanda benefts from Article V of the 1994 GATT charter which provides for freedom of transit, regulation of traffc in transit, and setting reasonable charges and regulation for traffc in transit, nondiscrimination with regard to like products, as well as air transit of goods (Kafeero 2008, 69). Beyond benefting from tariff exemption, Rwanda would have the possibility of selling her goods in all the Partner States without tariff and would beneft from nontax transfer of such funds to Rwanda. Conversely, the EAC offers Rwanda the chance to become land linked with neighboring countries and to international ports so as to increase the market size of its products from 10 to 130 million people and a combined Gross Domestic Product (GDP) of $80 billion (Hope Magazine 2019). Nevertheless, Rwanda has found it easier to export to other EAC Partner States than was the case before. Rwanda’s export to other EAC Partner States has jumped to Rwf 32 billion in 2010 from Rwf 24 billion in 2009. This was attributed to the implementation of the EAC customs Union and the Common Market Protocols by the EAC (Hope Magazine 2019). This has not only enabled the exporters to beneft from huge capital gains, it has also enabled companies operating in Rwanda to employ more people and to elevate the standard of life of the people in the country. Moreover, one fundamental economic beneft which has enabled Rwanda to grow its export produce has been the elimination of tariff barriers. The implementation of the common tariffs agreement has triggered trade effciency through the elimination of tariff barriers which has in turn boosted trade volumes between Rwanda and Partner States. Interestingly enough, with the digital interconnectedness of the subregion, Rwanda is gradually overcoming the problem of landlockedness and is now becoming more connected to all the Partner States. This has also enabled Rwanda to reform its business environment in order to attract businesses from other Partner States. The implantation of companies such as Kenya Commercial Bank (KCB), Equity Bank, Fina Bank, and so on is

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Rwandan Citizens’ Sovereignty, Popular Participation

83

just some of the commercial ventures from Partner States that have started operations in Rwanda. Other notable sectors that have benefted from the opening of the Rwandan private sector include construction and real estate, with Kenya providing the bulk of investment which is estimated in excess of $500 million in the last fve years (Hope Magazine 2019). The second important thematic thrust that would enable Rwanda to actively participate in the functioning of the EAC would be to ensure that its external security challenges are enhanced. While the September 11, 2001, bomb attacks in the USA triggered some form of tightened control over trans-ocean trading services, many developing countries, especially those in Africa, are focusing their attention on controlled access to and use of port and airport facilities in line with International Maritime Organisation, IMO and International Civil Aviation Organisation, ICAO, requirements (Buyonge and Kireeva 2008, 50). It is noteworthy that most countries in the East Africa subregion have ratifed a signifcant number of (IMO) conventions thereby ensuring that there is a component for integrating electronic cargo tracking systems for countries such as Kenya, Tanzania, Uganda, and Rwanda (Buyonge and Kireeva 2008, 51). This is further bolstered by the World Bank’s East African Trade and Transport Facilitation Project which is an ongoing project aimed at ensuring security and trade facilitation in the subregion. Rwanda’s adherence to the EAC would also ensure that the country benefts from the collective security and mutual assistance project which the EAC preaches. In effect, if Rwanda is attacked by a third party, Partner States of the EAC are obliged to come to the aid of Rwanda. In the same light, the defense of the territorial integrity of all Partner States is guaranteed by all Partner States. Rwanda, as a small landlocked country, would beneft from the security arrangements of the EAC and could therefore divert some of the resources previously dedicated to the security of the country to other economic development projects in the country. Article 124 of the Treaty establishing the EAC recognizes the need for peace and security as a condition sine quo non for any integration and development initiatives to take root in the subregion (EAC 2019). Thus, Rwanda relies on the security apparatus of the EAC to ensure that its territorial integrity is protected and to ensure that cross-border crimes, auto theft, drug traffcking, terrorism, money laundering, and other related crimes are dealt with. The large market that the EAC offers Rwanda would enable the country’s manufacturing sector to beneft from the low external tariffs the EAC has negotiated with the European Union (EU) and other African, Caribbean and Pacifc Group of States (ACP) countries. This would equally enable Rwanda to improve its opportunities to achieve faster growth and poverty reduction which would drastically close the trade defcit gap and eliminate over reliance on donor aid. Leveraging on the economies of scale in the subregion would

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

84

Nicasius Achu Check

not only beneft Rwanda’s manufacturing sector. It would also ensure that the quality of the products produced in Rwanda meet international technical standards and are widely available to a larger market. Rwanda would equally beneft from the technological advancement of other Partner States to ensure that technology is transferred to critical areas of Rwanda’s development. Fundamentally, Rwanda would beneft from the experienced human resource pool that is available in the subregion, judging from the limited human capital in the country after the 1994 genocide. Thus, belonging to the EAC is particularly rewarding for Rwanda in light of the movement toward investing in emerging economies as the traditional western markets stagnate due to the global fnancial crisis (EAC 2019). One of the key issues Rwanda citizens could beneft from Rwanda’s adherence to the EAC is the leadership training which the various institutions of the EAC would provide to Rwandan politicians and citizens as a whole. At the national level, Rwanda’s membership to the EAC means that her laws have to be in conformity with EAC laws. As a result, Rwanda has hired legal experts through the Ministry of East African Community Affairs to help the ministry ensure that Rwanda’s laws are aligned to the laws of the EAC (Hope Magazine 2019). This alignment of laws is not just about compliance but has more to do with Rwandans playing leadership roles within the EAC. It would also ensure that Rwanda strengthens its monitoring and evaluation team which in most cases would involve the transfer of technology and leadership skills to Rwandans. Thus, Rwanda’s membership to the EAC is not just an interstate function but rather a citizen to citizen conversation which aims to bring development and social upliftment to all Rwandans. Self-reliance initiatives in the country have also benefted from the technological and skills transfer as a result of Rwanda’s membership in the EAC. Skilled personnel through the various EAC sectoral programs do have frequent working visits to Rwanda and other Partner States to help citizens in the rural areas in tackling challenges associated with farming, money transfer, and leadership issues. This has in a way enhanced the ability of the people of Rwanda to tackle challenges which were hitherto diffcult to handle. EXAMPLES OF RWANDA’S INTEGRATION AND DEMOCRATIZATION PROCESSES IN THE EAC One of the pivotal integration instrument Rwanda has deployed since her adherence to the EAC protocol is the creation of the Ministry of East African Community (MINEAC). The MINEAC works closely with ministries, departments, and other agencies across national government to ensure that

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Rwandan Citizens’ Sovereignty, Popular Participation

85

EAC policies and directives are mainstreamed throughout the Rwandan government machinery (Hope Magazine 2019). Through MINEAC, Rwanda has been able to provide technical assistance to Rwandan members of the East African Legislative Assembly, EALA, to boost its member’s capacity in advancing Rwanda’s agenda in the regional parliament. Rwanda current has nine members in the EALA whose main function is to further the objectives of the EAC through its legislative, representative, and oversight mandate (EAC 2019). Established under Article 9 of the Treaty for the Establishment of the East African Community, the EALA current has six standing committees. These include: Accounts Committee; Committee on legal, Rules, and Privileges; Committee on Agriculture, Tourism, and Natural Resources; Committee on Regional Affairs and Confict Resolution; Committee on Communication, Trade, and Investment; and Committee on General Purpose. Rwandan members of the EALA effectively participate in the deliberations of the various committees of the EALA and take decisions that affect and sundry in the EAC. Beside Rwanda’s citizenry electing Rwandan members of the EALA, the decisions of the EALA affects the people of Rwanda directly. Of critical importance to the people of Rwanda is the EALA Committee on Agriculture, Tourism, and Natural Resources. Because Rwanda is a landlocked country and a large part of its foreign earnings comes from tourism, Rwandan members of the EALA ensure that laws passed at the EALA beneft the tourism sector in Rwanda. With agriculture as the backbone of the Rwandan economy, Rwandan members of the EALA have been schooled to prioritize agricultural projects that would beneft the people of Rwanda. It is therefore important that Rwandan members of the EALA pass laws that would beneft the people of Rwanda in particular, and the rest of the people in the EAC in general. Fundamentally, Hon. Ngoga Martin of Rwanda is the Speaker of the EALA and oversees all the administrative and legislative functions of the EALA (see, for example, EALA 2019). As a result, Rwanda is playing a very active role in the operationalization of the EALA and in ensuring that the fve roles of the EAC which are Customs Union, Common Market, Monetary Union, and a Political Federation are realized. Upon accession to the EAC Treaty, Rwanda benefts from the advantages of the EAC such as becoming a member of the EAC Customs Union. The Customs Union is the frst regional integration milestone and an important foundation of the EAC. The EAC Customs Union ensures that Partner States have agreed to establish free trade on goods and services among themselves and agreed on a common external tariff. This entails imports from countries outside the EAC zone are subjected to the same tariff when sold to any EAC Partner States (EAC 2019). Conversely, goods moving freely within the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

86

Nicasius Achu Check

EAC must comply with the EAC rules of origin and with certain provisions of the protocol for the establishment of the EAC Customs Union. Some of the sectors under the control of the Customs Union include agriculture and food security, customs, health, immigration and labor, industrialization and SME development, infrastructure, tourism and wildlife management and trade (ibid). The government of Rwanda and Rwandan elected offcials of the EALA ensure that policies affected in the abovementioned sectors are judicially scrutinized for the beneft of the people of Rwanda and all Partner States. While the Customs Union has initiated several projects, the single customs territory is perhaps one of its most important milestones. The government and the people of Rwanda, as a Partner State of the EAC, are actively participating in the Common Market project of the EAC. The Common Market is the second regional integration milestone of the EAC which has been in existence since 2010. The Common Market was created in order to accelerate economic growth and development. Critical to this development is the fact that Partner States maintain a liberal stance toward the free movements of all factors of production. This includes free movement of goods, free movement of persons, free movement of labor/workers, free movement of services, free movement of capital, right of establishment, and right of residence (EAC 2019). Interestingly, the EAC Common Market operational principles ensure there is nondiscrimination of nationals of other Partner States on grounds of nationality, equal treatment to nationals of other Partner States, transparency in matters concerning the other Partner States and sharing of information for the smooth implementation of the protocol establishing the EAC (EAC 2019). As a small country in terms of population and land size, Rwanda has benefted from these important Common Market principles and her citizens have found abode in Partner States such as Uganda, Tanzania, and Kenya where they are fourishing business people providing labor and services in other Partner States. The third important milestone of the EAC is the establishment of a Monetary Union. Preparatory works have been completed and a Treaty establishing the East African Monetary Union (EAMU) was signed on November 30, 2013. The Treaty lays the groundwork for a Monetary Union within ten years. During such time EAC Partner States would progressively merge their currencies into a single currency (EAC 2019). Thus, bar challenges and other obstacles, Partner States of the EAC should have a single currency by December 1, 2023. This would be a major milestone in the integration process in the subregion. Apart from the CFA which is used in West Africa and Central Africa, the EAC single currency would be the third economic and Monetary Union to establish a single currency. However, security challenges along the Ugandan and Rwandan border and Burundi’s disdain of the Rwandan head

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Rwandan Citizens’ Sovereignty, Popular Participation

87

Copyright © 2020. Lexington Books. All rights reserved.

of state could stife any hope of seeing a common currency in the subregion in the coming years. However, where there is a political will, states could actually move mountains and make the impossible possible. With a comparatively small economy, the Rwandan government and the people of Rwanda would greatly beneft from the establishment of a single Monetary Union. This would further strengthen the Rwandan economy and ensure that Rwandan products are competitive in the subregion and in the international market. Rwandan citizens’ participation in the democratization process in the EAC could well be experienced within the framework of the Political Federation which the EAC is in the process of putting in place in the subregion. The Political Federation is the ultimate goal of the EAC subregional integration process. According to Article 5 (2) of the Treaty for the Establishment of the EAC, the Political Federation would be based on three pillars. These would include common foreign and security policies, good governance and effective implementation of the prior stages of the integration process (EAC 2019). Of critical importance is the view that the Political Federation stage is merely an event and timelines would not be adopted to achieve it. However, consultations have been carried out in all the Partner States and the dominant view is that East African citizens want to be adequately engaged and to have a say in the decisions and policies pursued by the EAC. Though no proper desire was express by the EAC citizens for an immediate union of the Partner States into a Political Federation, the heads of State of the Partner States adopted what was termed then as a Political Confederation (EAC 2019). The Political Confederation is viewed by many within the EAC as a transitional model that would take the Partner States to the Political Federation stage. Fundamental at this stage of the Political Confederation would be to see how the Partner States manage security and foreign policy differences, judging from the security challenges in Burundi and South Sudan and the somehow divergent foreign policy trajectory of Rwanda and Uganda especially as it concerns the Democratic Republic of Congo. WOULD THE INTEGRATION PROCESS IN THE EAC TAKE AWAY RWANDAN CITIZENS’ SOVEREIGNTY? By accepting to join the EAC, the government of Rwanda was aware that some aspects of the sovereignty of Rwanda would be taken away. However, the gains accruing from Rwanda’s accession to the EAC far supersede the sovereignty aspects which the country would cede to the EAC. It is also important to note that because Rwanda would be participating in all the decision-making structures of the EAC, it would ensure that decisions

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

88

Nicasius Achu Check

are not taken that would jeopardize the sovereignty and foundation of the Rwandan state. As Dosenrode (2010, 21) contends, conceptually, Rwanda’s participation in the EAC would be guided by the neofunctional conceptual approach to regional integration as proposed by Ernst Haas. While neofunctionalism started as a critique of functionalism, it nonetheless has its intricate characteristics which divorce strongly from the Eurocentric approach to functionalism to a more general applicability of the neofunctional approach to integration. Haas’ original background conditions for regional integration were that the entities involved in the integration process should process pluralistic social structures, be substantially economic and industrial developments and there should be a common ideological pattern among participating partner countries (Dosenrode 2010, 22). Fundamentally, consideration should be given to the size of the units in the integration project, rate of transaction between the units, degree of pluralism and more importantly elite complementarity. A central idea of the neofunction approach to integration is the “spill over” model. This is the claim that agreement on integration in one economic area would, over time, also cause other economic policy areas to integrate with the ultimate objective of creating a political integration (Dosenrode 2010, 22). Haas notes that political will is a central pillar that could hold the integration project. Conversely, he holds that the driving force of integration would be the pursuit of the politicians’ interests. Thus, neofunctionalism is purely a political process that needs political will. In essence therefore, integration as Haas notes would be

Copyright © 2020. Lexington Books. All rights reserved.

a process whereby political actors in several distinct national settings are persuaded to shift their loyalties, expectations and political activities to a new centre, whose institutions possess or demand jurisdiction over pre-existing national states. The result is a new political community, superimposed over the pre-existing ones. (Dosenrode 2010, 23)

Important to note that for integration to happen, the supranational institution should be aided by an active and resourceful secretariat and supported by organized interest groups affected by such externalities. By so doing, national governments might learn and agree to cede part of its sovereignty to the supranational institution (Dosenrode 2010, 23). Neofunctionalists contend that integration is an intrinsically sporadic and confictual process. A process in which under conditions of democracy and pluralistic representation, national governments will fnd themselves increasingly entangled in regional pressure and end up resolving their conficts by conceding a wider scope and developing more authority to the regional organizations they have created. By so doing, the citizens of the Partner States will begin shifting more and more

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Rwandan Citizens’ Sovereignty, Popular Participation

89

of their expectations to the region and satisfying them will increase the likelihood that economic and market integration would spill over into political integration (Ibid). The central argument here is would the current integration process in the EAC take away Rwanda’s citizens’ sovereignty? If yes, how would this affect the nation building project the current administration of Paul Kagame has put in place? Fundamentally, how would the integration process affect the democratization process in the country? To answer this important question, it would be perhaps important to understanding what sovereignty is all about and how it impacts on the people of Rwanda. According to the Merriam Webster dictionary, sovereignty is the supreme power especially over a body politic couched under freedom from external control or controlling infuence from outside. As a result, would Rwanda’s participation in the EAC undermine the sovereignty of the people of the country? The initial observation would be that some of the sovereign rights of the people of Rwanda would be impugned upon. First, if the monetary and Political Federation is realized Rwanda would have to cede her external defense and foreign policy prerogatives to the EAC. However, because the decisions informing the external security of the EAC and the EAC foreign policies are taken within institutions where Rwanda has an important deliberative voice, the question of ceding sovereign rights falls off. It is important to note also that in the case of a Political Federation, the citizens of Rwanda would still be expected to vote for their leaders who would in turn represent Rwanda at the supranational level at the EAC. Rwandan citizens’ sovereign and democratic rights would still be perfectly guaranteed in the event that all the four stages of the integration project in the EAC are realized. It would therefore be fair to assume that none of the external security and foreign policy positions of the EAC would have any negative impact on the well-being of the people of Rwanda. Importantly enough, the people that would be tasked to represent Rwanda at the decision-making bodies of the EAC are duly elected representatives of the Rwandan people. In essence, the sovereignty of the people of Rwanda would not in any way be tampered with if the country fully embraces the various institutions of the integration project in the EAC. As to the Common Market and the Custom Union of the EAC, little aspects of the sovereignty of the citizens of Rwanda would be affected. While Rwanda is by EAC laws obliged to apply the Common Market and Custom Union principles, these principles are in effect taken by institutions in which Rwanda has a say. Interestingly enough, some of these institutions such as the EALA are headed by a Rwandan. It is noteworthy that Rwandan representatives at these institutions are elected by universal suffrage in Rwanda and some appointed by the government of Rwanda. By so doing, the sovereign rights of the people of Rwanda rest with these Rwandan representatives and

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

90

Nicasius Achu Check

they would do everything to ensure that the interest of Rwanda is respected and protected at the EAC.

Copyright © 2020. Lexington Books. All rights reserved.

CONCLUSION This chapter is basically an attempt to analyze Rwandan citizens’ sovereignty and Rwanda’s popular participation in the EAC integration project. Important observations were made which hold that Rwanda’s political ideology with Uganda and Burundi could hamper the smooth functioning of the EAC. The imminent admission of South Sudan into the subregion bloc is a major challenge as the community would have to ensure that the sociopolitical and security situation in the country is stabilized and proper measures are taken to stabilize an economy that has been battered by years of civil war and famine. Thus, for proper integration to take place, the security situation in Burundi and South Sudan must be brought under control. Attention should also be paid to the fratricide confictual squabbles between Uganda and Rwanda over their approach to the security situation in eastern Congo. An important part of the chapter is understanding neofunctionalism as a subregional integration theory and following the neofunctional approach, Rwanda would not cede its sovereignty to the supranational institution. The neofunctional approach would reinforce the democratization approach which Partner States of the EAC have actually adopted to address integration challenges in the subregion. According to Dosenrode (2010, 23), neofunctionalism is not able to explain the relatively fast form of integration, but it is able to analyze and explain the organic process of integration as it has been happening in Europe. To therefore explain subregional integration, it would be good to frst ensure that there is a political will and to adopt a neofunctional approach which would also ensure that citizens’ sovereignty and democratic rights are protected and safeguarded. Rwanda has done well to adopt this approach in her integration agenda with the EAC and it is hoped that Rwandan citizens would reap the benefts of belonging to an important community such as the EAC. REFERENCES Baker, R. 1970. “Reorientation in Rwanda.” African Affairs, vol. 69, no. 275: p. 141. Buyonge, C. and Kireeva, I. 2008. “Trade Facilitation in Africa: Challenges and Possible Solutions.” World Customs Journal, vol. 2, no. 1: p. 50. Byaruhanga, C. 2019. “How the Rwanda-Uganda Border Crossing Came to a Halt.” Available @ https​://ww​w.bbc​.com/​news/​world​-afri​ca-47​49547​6 accessed on 18/04/2019.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Rwandan Citizens’ Sovereignty, Popular Participation

91

Copyright © 2020. Lexington Books. All rights reserved.

De Melo, J. and Collinson, L. 2011. “Getting the Best Out of Regional Integration: Some Thoughts for Rwanda.” Working Paper of the Fondation pour les etudes et recherches sur le developpement international, Universite de Geneve. Dosenrode, S. 2010. “Federalism Theory and Neo-Functionalism: Elements for an analytical framework.” Perspectives on Federalism, vol. 2, no. 3: p. 21. East African Community. Peace and Security. Available @ https://www.eac.int/ security accessed on 23/04/2019. Frykberg, M. 2019. “Rwanda’s Kagame to Attend EAC Summit Despite Differences with Burundi.” Available @ https​://ww​w.iol​.co.z​a/new​s/afr​ica/r​wanda​s-kag​ ame-t​o-att​end-e​ac-su​mmit-​despi​te-di​ffere​nces-​with-​burun​di-19​08113​4 accessed on 18/04/2019. Hope Magazine. 2019. “TradeMark East Africa; Rwanda’s Full Participation in EAC Provides Limitless Opportunities to its Economy.” Available @ http:​//www​ .hope​-mag.​com/i​ndex.​php?c​om=ne​ws&op​tion=​read&​ca=6&​a=122​7 accessed on 18/04/2019. Kafeero, E. 2008. “Customs and Trade Facilitation in the East African Community (EAC).” World Customs Journal, vol. 2, no. 1: p. 69. Kanyangoga, J. B. 2010. “Integrating Migration with Development in EAC: Policy Challenges and Recommendations.” Research Paper, CUTS Geneva Resource Centre. Kasaija, P. 2004. “Regional Integration: A Political Federation of the East African Countries?” African Journal of International Affairs, vol. 7, nos. 1/2: p. 23. Katembo, B. 2008. “Pan Africanism and Development: The East African Community Model.” The Journal of Pan African Studies, vol. 2, no. 4: p. 111.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 5

Sovereignty, Popular Participation, and Democratization South Sudan in the East African Community Yosa Wawa

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION The human being has unending quest for big communities for economic, cultural, and political purposes. Otto von Bismarck’s Germany was built on ethnic or cultural necessity and at threat of war. King Menelick of Ethiopia simply wanted his kingdom to be big and he achieved it through conquest. Imperialism and colonialism arose partly in order to have large markets or sources of raw materials. The entire colonized world including most of the African countries came into existence as the need to have bigger markets arose. As leaders realize the cost of war, the threat, or use of war it became outmoded. Big communities began to be achieved through economic, cultural, and political integration. Integration in mathematics means navigation in space became the administrative jargon that enabled countries to merge together. The English language dictionary refers to integration as the making up or composition of a whole by adding together or combining separate parts (Brown 1993). Integration as a social science concept has three dimensions—political, territorial, and economic. While political integration has to do with progressive bridging of the elite gap on the vertical plane, territorial integration refers to the progressive reduction of cultural and regional differences in the process of creating a homogeneous territorial, political, and economic community (Tersoo and Ejue 1993). The combination of different countries into one economic, cultural, and political entity has become a common practice in this contemporary world. One fnds organizations such as African Union, Economic Community of 93

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

94

Yosa Wawa

West African States (ECOWAS), European Union (EU), Arab League (AL), and North Atlantic Treaty Organization (NATO). Based on their various objectives, they are economic, cultural, and political. They came into existence after realization of inadequacies inherent in each member country. This paper looks at the integration of the Republic of South Sudan into the East African Community (EAC) from the perspectives of sovereignty, popular participation, and democracy. The Republic of South Sudan became an independent member of the United Nations on July 9, 2011. This independence was got after several decades of protracted wars of independence. Before a decision was made to make Southern Sudan (now Republic of South Sudan) to be part of the Ango-Egyptian Sudan, the British administrators governed it as a separate entity from the Sudan. The initial idea was for it to become part of the East Africa region. Perhaps it was not surprising that during the celebration of independence on July 9, 2011, the Master of Ceremonies, then Speaker of the Parliament who went on to become the Vice President of the Republic of South Sudan, James Wani Igga, announced to all dignitaries present that the Republic of South Sudan was going to join the EAC. Like the formation of the African Union, Arab League, the ECOWAS and Common Market for Eastern and Southern Africa (COMESA), it was the South Sudanese leaders who decided which organizations to join.

Copyright © 2020. Lexington Books. All rights reserved.

SOVEREIGNTY AND INTEGRATION The traditional defnition of sovereignty is independence of a state and its recognition by the international community. This is called external or international sovereignty and it means that a state is acting as a recognized entity on the international scene (Tokar 2001). It therefore means that it must play by the rules as stated in Article 1 of the United Nations, maintaining international peace and security, and to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace. Sovereignty can be traced to the Peace of Westphalia of 1648 where sovereign means the authority of the offce of the ruler and sovereignty is the territory (Kohen 1998). Once the offce of the sovereign ruler was recognized, it was accepted that that the ruler’s “sovereignty” indicated independence from any higher authority. His or her authority was absolute. In the modern era, it is challenged by the presence of regional and international bodies such

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Sovereignty, Popular Participation, and Democratization

95

as the United Nations, African Union, and Human Rights. Now sovereignty depends partly on the quality of the legal relationship between rulers and subjects. The EAC’s articles of association mirror those of the United Nations and African Union. In Article 130, the EAC makes mention of its obligations to multinational and international organizations. As a member of the international community the Republic of South Sudan must abide by these international instruments with or without being a member of the EAC. In many countries the elites and the international community are the promoters and guidance of sovereignty. When the East African leaders of Kenya, Tanzania, and Uganda met to discuss federation in 1963, the British gave it a resounding support. The Duke of Devonshire and Minister of State for Commonwealth Relations said that it was a matter for the concerned countries but the Britain welcomed it as an act of high statesmanship and wished the venture success (Uganda Argus July 8, 1963). When South Sudanese voted for independence in 2011, it was unanimously recognized by the members of the United Nations. As a product of the supranational organization, South Sudan owed its recognition of sovereignty to the international community. Despite the role of supranational and international forces in sovereignty, some South Sudanese thought their country was not yet ready to join the EAC. These few voices could have been silenced through a referendum. But more importantly, the leadership in South Sudan was responding positively to the original aim of its “creator,” the British, to make the then region of Southern Sudan be part of East Africa. By taking the Republic of South Sudan to the membership of the East Africa Community its leaders might have evoked Article 2 of its Constitution (RSS 2011). This article vests sovereignty in the people and to be exercised by the state through its democratic and representative institutions established by this Constitution and the law. It might mean that the South Sudan parliament should have deliberated extensively and agreed to become a member of the EAC. Perhaps like the African Union or United Nations, one becomes a member by virtue of position or existence. The Republic of South Sudan is geographically, economically, and culturally imbedded to the East African region. After all, the United Nations Charter of 1945 Article 52 (1) encourages the formation of regional agencies to deal with such matters relating to maintenance of peace and security within the purpose and principles of the United Nations. This is in one way to reinforce its sovereignty as Article 6 (a) of the Community—mutual trust, political will, and sovereign equality. The Republic of South Sudan shares common borders with Ethiopia and Kenya to the east; Uganda to the south; Democratic Republic of the Congo and Central African Republic in the west; and the Sudan to the north. The Sudan was one of frst countries to recognize its sovereignty. The East African countries followed suit immediately. This recognition was soon followed

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

96

Yosa Wawa

by blood exchanges of gun fre over border dispute with the Sudan. South Sudan has teething problems with Kenya over the Elemi Triangle. In September 2014, a border confict erupted between the Kuku of South Sudan and Uganda on one side and Madi of Uganda on another. Several lives were lost and a larger number injured and displaced or lost property. It was good that the leaders of both Uganda and South Sudan considered the Madi and Kuku confict as communal feud despite the number of lives lost rather a claim for redrawing the boundary. These are the tensions Article 124 of EAC was set to defuse—member states to maintain an atmosphere that is conducive to peace and security through cooperation and consultation. Being a young country with precarious security, the Republic of South Sudan needs the EAC in order for it to solve border and other problems in a sisterly manner. It can also beneft through the EAC’s defense affairs as stated in Article 125 of the Community should it be attacked by a non-member. Article 57(1) of the United Nations established specialized agencies and NGOs as instruments for economic, social, cultural, educational, health, and related felds development. These include—United Nations Development Programme (UNDP), (UNICEF), World Health Organization (WHO), and United Nations Education Scientifc and Cultural Organisation (UNESCO). They are for the good of humanity as they aimed at promoting a higher standards of living, full employment, and improved economic, cultural and social, and development; fnding solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. In Eastern Africa the Intergovernmental Authority on Development (IGAD) seems to have more clout than the EAC. It has, for instance, rendered development assistance to not only South Sudan but to its other member countries. This included seconding experienced personnel from Uganda, Kenya, and Ethiopia to South Sudan. The same IGAD came in readily to help in fnding solutions to the ongoing civil strife in South Sudan. In order for the EAC to be effective, it needs to borrow a leaf from IGAD or ECOWAS. The leadership of South Sudan realized that no one state can exist in isolation today. The role of the state as the common anchor of sovereignty is being challenged by the fow of capital, goods and services, and people. Capital and people cross spaces of nation-states as never before. This fragments sovereignty making the paradigm of territory and sovereignty to crumble. As a landlocked country with no factories to talk of, South Sudan needs more from the international community that what it can give. Increased global fows of capital, intensifed networks of social interaction are matched with the emergence of transnational regulatory regimes. These weaken the traditional form of sovereignty. Knowing that no country can develop without the necessary

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Sovereignty, Popular Participation, and Democratization

97

fow of capital, people, and services, it is for the beneft of South Sudanese that their country joins this regional body. This is on condition that the EAC is not seen by outsiders as a regional protectionist economic block.

Copyright © 2020. Lexington Books. All rights reserved.

POPULAR PARTICIPATION AND INTEGRATION Popular participation is the involvement of people in the running of government. The three core concepts—the people, the elite, and the general will. It entails the right of the individual to participate in decision-making. Participation in government is a universal human right issue—Universal Declaration of Human Rights (UDHR)—Article 21 (1) states that everyone has the right to take part in the government of his country. Article 36 of the South Sudan Constitution says that all levels of government shall promote democratic principles and political pluralism, and shall be guided by the principles of decentralization and devolution of power to the people through the appropriate levels of government where they can best manage and direct their affairs (RSS 2011). This agrees with Article 7(1) of the EAC which is people-centered. While depositing the ratifed instruments of EAC at the secretariat in Arusha, Tanzania, Ambassador Liberat Mfumukeko, Secretary General, EAC, said that it meant that the Republic of South Sudan was now a new family member of the EAC with full and equal rights, obligations, and privileges. Representing the President of South Sudan, Aggrey Tisa Sabuni said membership in EAC for Republic of South Sudan will henceforth mean that the country will never be the same again. It is important to South Sudan because of its economic benefts (OSISA 2009). It creates the atmosphere for growth and development. This is probably because EAC Article 5 aims at developing policies and programs that can widen and deepen cooperation among the Partner States in political, economic, social and cultural felds, research, and technology. But member states must contribute their quota (productivity) in enhancing the political and economic activities of the community. This is when it can translate into growth and development for South Sudan and raising the quality of life and standard of living for the people. The Constitution of South Sudan Article 37 (2a) aims at developing and regulating the economy in order to achieve prosperity through policies aimed at increasing production, creating an effcient and self-reliant economy and encouraging free market and prohibition of monopoly (RSS 211). Some of the articles of the Republic of South Sudan and those of the EAC tend to diverge. By being a member of the EAC, the leaders of South Sudan will not only be reminded to provide for its people but also for the region. The compromise of the rule of law seems to happen regularly in all member states.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

98

Yosa Wawa

By way of popular participation, how can the ordinary people of East Africa question the various practices which divergent with the ideals of the Community? This can happen only if the Community is not established by and for the head of states of the member countries. As a Member State of the EAC, South Sudan can access the East African ports of Mombasa, Tanga and Dar es Salaam with relative ease. Article 93 of the Treaty of the EAC asks for the liberalization and commercialization of seaport services and landlocked countries to be granted easy access to those port facilities. This Article may beneft landlocked South Sudan because it will not only make extra payments but also goods destined to and from South Sudan will enjoy easy access. This effcient and fast clearance will reduce the cost of those services or goods for the end user. Article 89 aims at the achievement of the harmonized and complementary transport and communications policies; improve and expand the existing transport and communication links; and establish new ones as a means of furthering the physical cohesion of the Partner States, so as to facilitate and promote the movement of traffc within the community. This will be like a wakeup call for the administration in South Sudan to gear its development plans according to the aims and objectives of the community with result of the general public beneftting through ease of movement of people and goods. Among the priories of the EAC projects is the standard gauge railway line which is to run from the Kenyan port of Mombasa through Uganda to South Sudan. The project was to borrow money from China Exim Bank. Part of the condition for the soft loan is the viability of the project. It was generally found that the project for viable because member states have were going to use it. Being a new country with a weak socioeconomic base, the viability of its section of the rail depended a lot on the general aggregate of the project. Thus, its people stand to beneft from Community’s membership through accessing loans of this nature. At the United Nations, the civil society organizations have observer status. On its part, the EAC Treaty has empowered the Secretary General to create a forum for consultation with the private sector, civil society, and other interested groups. In July 2005, the Secretary General of EAC then, Amanya Mushega, pointed out that Civil Society Organisations were crucial in cementing democratic practices and created channels for representation of broad interests (Kisinga 2009). It has also offered opportunities for the civil society to play a role in the social, economic, and political integration of the region. Following one of several consultative meetings body of over 2000 national NGOs formed the NGO Coalition for East Africa (NGOCEA) (Kisinga 2009). This is a blessing for the estimated sixty-four local NGOs in South Sudan. Having been shielded from the Khartoum regimes for decades, they will not only get exposure but also on the job training on the various roles of civil societies in state affairs. When freedom of speech becomes the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Sovereignty, Popular Participation, and Democratization

99

norm in East Africa in general and in South Sudan in particular, this will empower civil societies to speak for the ordinary people of South Sudan at the East African fora including how the EAC can beneft the people. All members of the EAC are underdeveloped countries, but some are more underdeveloped than others. For instance, the road and telecommunication networks in Uganda and Kenya are more advanced than those found in South Sudan. The broad band telecommunication networks have been laid in both countries from border to border. The government and its people of South Sudan can easily be connected to the countries with already existing broadband telecommunication lines that have been laid. In order to extend the line to South Sudan, it does not have to go through long economic and political negotiations as having a good communication network in member countries is the stated aim of the Community. One of the stated aims of the EAC, Article 26, to cater for free movement of labor, services, and capital. EAC’s articles 102 and 103 encourage human resource development and joint establishment and support to scientifc research. And Article 118 encourages cooperation in development of specialized health training. These pronouncements are noble causes for any development loving person to readily subscribe to. All what the community needs is to back up these pronouncements with the necessary funding. If the relatively very rich European countries can pull their resources together for scientifc research, why can’t the poor the East African countries come together and allocate funds from their limited budgets or go out “winnower at hand.” African boundaries have come about as a result of European scramble of 1884 and 1885. It was not therefore a result of like minds coming together. The South Sudan Constitution Article 33 gives various ethnic and cultural communities the right to freely express, enjoy, and develop their particular cultures. The African Charter on Human and Peoples Rights, Article 10 (Organization of African Unity 1981) enables individuals the right to free association provided that she/he abides by the law. Some of the EAC articles of association were framed in line with this continental instrument. It helps bind all persons divided as a result of colonialism come together with ease—the Acholi, Kakwa, Kuku, Lugbara, Madi, Karamoja of Uganda and South Sudan, as well as the Turkana and Toposa of Kenya and South Sudan. This is perhaps an answer to the 1931 request by the Kakwa of Liwolo in Kajokeji District in South Sudan to be transferred to Uganda as their cradle land is Mountain Liru in Koboko, Uganda. Although by his letter of August 5, 1934, the Governor General of the Sudan allowed this transfer (Sudan. National Records Offce Aug 5 1934), it was not implemented. The South Sudan membership of the EAC helps in the implementation of aspirations of Madi alu—the Madi are one and Kakwa salia musala—the Kakwa are three, but one. At the moment the Acholi, Kakwa, Karamoja, Lugbara, Madi, and

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

100

Yosa Wawa

Toposa have to pay for US$ 50 dollars for a visa, while crisscrossing Uganda and South Sudan and Kenya for funerals, marriages, and other traditional functions. It also responds positively to the African Charter on Human and Peoples Rights Article 55 (June 27, 1981) that wants to create peaceful and friendly relations among nations. The Republic of South Sudan was once part of the Republic of the Sudan. Over the years the Sudan had been working to achieve national unity through Islam and the Arabic language. Central to Islam is the exclusion of women through the Sharia law. The Republic of South Sudan Constitution Article 16 (4a) has made it its objective to promote women participation in public life and their representation in the legislative and executive organs by at least 25 percent as an affrmative action to redress imbalances created by history, customs, and traditions. This also marries with Articles 121 and 122 of the EAC which aims at empowering women in socioeconomic participation. These empowerment clauses follow closely with the United Nation declaration for of its faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and on the July 2, 2010, General Assembly’s creation of a UN Entity for Gender Equality and the Empowerment of Women (UN Women). As a Member State of the EAC, these Articles open up other avenues for the advancements of the South Sudanese woman. Perhaps the EAC members needed to be reminded that the United Nations has set funds aside for this cause and the Community must do its part by way of acting on its pronouncements.

Copyright © 2020. Lexington Books. All rights reserved.

DEMOCRACY AND INTEGRATION Democracy has many inbuilt ambiguities. Its origin is generally associated with Western thought. Mayer (1972) defnes it in terms of elite responsiveness to shifts in public opinion affected by competitive alternation between two or more parties offering alternative policy opinions. On his part Calvert (2002) looks at democracy from inclusivity, procedural, and exclusivity points of view. A democratic government must be chosen by the people, the institutional arrangement for arriving at political decision in which individuals acquire power. Given this ambiguity, most of the modern states can claim to be democracies (Calvert 2002). What is needed in these democracies is a semblance of certain basic freedoms (civil rights) that is guaranteed to the all citizens. Despite some of its weaknesses, democracy is still the best political ideas in the world. It can be exercised by citizens directly or through their elected members. The Constitution of the Republic of South Sudan (2011) Article 26 states that every citizen shall have the right to take part in any level

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Sovereignty, Popular Participation, and Democratization

101

of government directly or through freely chosen representative, and shall have the right to nominate himself or herself or be nominated for a public post or offce in accordance with this Constitution and the law. Every citizen shall have the right to vote or be elected. The EAC aims at becoming a decision-making body for all the member states, but it has not yet reached there. Only when it becomes a decisionmaking body will it encroach on issues that are at the very heart of national identity for all the member states. These issues include money and monetary policy, economic organization, and labor markets, borders and immigration, public services and welfare guarantees, and democracy. The fragmented nature of democracy in the East African countries means that all policies are decided at the EAC level are generally those that are apolitical. Thus, national democracies are still the domain of individual East African countries to call. For democracy to fourish there must be strong political parties, literate societies, political awareness, and a well-established middle class. Has East Africa reached these bench marks? It is yet to be realized in the region. The answer is a resounding NO. The U.N. Commission on Human Rights in South Sudan issued a report in March 2017 which described systemic human rights violations in South Sudan, including killing and torture on the basis of ethnicity by government soldiers; hate speech by government leaders, sexual violence; arbitrary arrest, detention, torture, and murder of journalists; widespread recruitment of child soldiers; censorship of the media; closure of newspapers; and restrictions on and closure of human rights and humanitarian organizations. Did any East African leader talk about the report to President Salva Kirr of South Sudan in one of their many summits? The answer is probably No. The quick intervention by the Intergovernmental Authority on Development (IGAD) and the African Union in South Sudan’s military struggles is a rebuke of EAC’s Article 6 (d)—of good governance and adherence to the principles of democracy. The African Charter on Democracy, Elections and Governance 2 (2) promotes and enhances adherence to the principle of the rule of law premised upon the respect for the supremacy of the Constitution and adherence to universal values and principles of democracy and respect for human rights. As the Republic of South Sudan joins the EAC, there are over one million of its nationals taking refuge in Uganda and tens of thousands in Kenya. They left South Sudan because they are not ready to partake in a government which is seen to be repressive and unpopular. All countries, Uganda, Kenya, and South Sudan have no control of their fate as it falls under a refugee regime. Article 6(d) of the EAC calls for good governance including adherence to the principle of democracy, the rule of law, accountability, transparency, social justice, gender equality, as well as the recognition, promotion, and protection of human and peoples’ rights. Joining the EAC may help the cause of

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

102

Yosa Wawa

democracy in South Sudan because it has not signed the African Charter on Democracy, Elections and Governance. Article 44 (B) of this Charter has a framework for working with regional economic communities such as the EAC. This may be one of the ways through which the people of South Sudan can beneft. Again, this is on condition that member states warn each other any contrary actions. The International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and People’s Rights—Article 13(1) states that every citizen shall have the right to participate freely in the government of his country, either directly or through freely choosing representatives in accordance with the provisions of the law. In South Sudan, there is no competitive party system and regular free-and-fair elections. The South Sudan’s polity is currently characterized by considerable authoritarianism focused on the extensive powers of the presidency. In other member countries—Rwanda and Burundi, the situation is virtually the same, with one person or a group of persons struggling to seize power or to keeping it by force of arms. These wars are not being fought for any national or collective interest, but most often for selfsh motives. The unfortunate there is no “strongman” in East African as in ECOWAS to ensure that member countries adhere to some minimum standards of democracy and rule of law. Article 50 of the Treaty for the establishment of the EAC stipulates that members of the Assembly shall represent various political parties and shades of opinion. Like in most of the East African, South Sudan has only one dominant political party, the Sudan People’s Liberation Movement, (SPLM). In Republic of South Sudan many positions are flled through presidential decrees. This was what President Kirr of South Sudan did when he nominated only Sudan People’s Liberation Movement (SPLM) members to East African Legislative Assembly (EALA) (Ubwani 2017). A citizen of South Sudan, Wani Santino Jada (Namutebi 2017) fled an application against the Attorney General of South Sudan, the Speaker of the Parliament of the same country and the Secretary General of the EAC and at the at the ex parte hearing said that on or about March 11, 2017, the President of the Republic of South Sudan appointed nine persons to represent the country in EALA, but was in violation of Article 50 of the Treaty for the Establishment of the EAC. The pledge was made after Wani Santino Jada appealed to the East African Court of Justice restraining those MPs from swearing through his advocate Donald Deya because they were not democratically elected. James Mayen Oka of the Ministry of Justice said that the country’s parliament was going to elect a fresh list of members to replace those picked by President Kirr in a presidential decree. This was a win for the people of South Sudan. The East African national governments confront dual challenges: from populism at the national level and from technocracy at the EAC level.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Sovereignty, Popular Participation, and Democratization

103

Copyright © 2020. Lexington Books. All rights reserved.

Populism id associated with democracy while technocracy is itself a creature of the governments themselves. As member states are coordinated through the intergovernmental EAC agreements, they have increasingly delegated implementation and oversight powers to the technocrats. The EAC has a proliferation of a number of regulatory agencies. Although pooling their respective authorities together may be the best way of meeting global challenges, it has also not reduced governments’ national margins of manoeuver. The demands of many national citizens remain unanswered in East Africa. After a decade or so of its existence, the EAC integration might not have made any desired impact on the lives of its populations. The region, just like the rest of Africa, is characterized by dictatorial or autocratic regimes presiding over galloping infation, corruption, and underdevelopment. East Africa as a region has, over the years, gained attention only for the unfortunate reasons of state implosion and instability caused by bad governance and marginalization. Attempts by the various leaders to address the issues of peace and security are limited and timid. There is almost no factor that has been adequately addressed by the six EAC states. The EAC was frst founded on May 28, 1963, as a Regional Economic Community armed with a vision to create a single regional economic space through integration and collective self-reliance; an economic space with a single market and single currency capable of generating accelerated socioeconomic development and competing more meaningfully in the global market of large trade blocs and uneven patterns of trade. Like its ancestor, the New EAC has left political governance entirely to the designs of Member States, making it to lack the necessary political will to create conducive environment that would allow democracy to thrive. We are yet to see a time EAC will respond with urgency and militarily too to halt abuse of democracy and restore a rule of law in a member state. CONCLUSION United Nations was established to save succeeding generations from the scourge of war, which has twice brought untold sorrow to mankind in the twentieth century. It was also established to stife interstate wars the equality of sovereign nations, large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in a larger freedom. The instruments of the United Nations have been internationally replicated at continental, regional, and subregional levels. Since this is tantamount to the decentralization of the U.N. instruments, the ideals of the EAC are good for Republic of South Sudan as

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

104

Yosa Wawa

well as its member countries. Indeed, it is generally accepted that by “fattening the world” territorial, economic, and racial wars can be avoided. In addition to intrastate relations, the U.N. Charter has sought to mitigate confict within countries. This is covered by its pronouncements of democracy; promotion of economic and social development of all peoples, promotion or freedom for one to express his or her culture, the rule of law, human rights and freedom of speech. Although governance institutions in East African are relatively weak, the Charter of the EAC contains the above mentioned United Nations pronouncements on democracy. Democracy and human rights may be seen as choices for the transition to normalcy or ideals to aim at. Despite its commitments to democracy, peace and prosperity, the EAC and its national governments cannot resolve effectively issues inherent to Africa—dictatorship, insecurity, freedom of the press, rule without law, poverty, illiteracy, poor infrastructure, and poor education and health services. Benefts to ordinary member states of the EAC can be accrued when it is not an “integration” of head states. As it stands, the community has put no money aside to address for economic and social problems facing the ordinary people in member states. It must not only enact laws to deal with issues of democracy, security, and human rights lapses ensure that member states observe these ideals. The EAC seems to be a forum for heads of state to meet and share one joke or another as such it cannot encroached on issues of sovereignty, popular participation, identity, and democracy. With maturity and full participation of the people in the founding and ownership of the Community, it can encroach on sovereignty and democracy. The lackluster pronouncements on democracy may not easily be enforceable until the community borrows a leaf from ECOWAS. The East African hopes to achieve monetary union, same economic organization and free labor markets, and open borders or free movement of its peoples. With different levels of socioeconomic developments in Partner States, many ordinary people need “socioeconomic protection” to be able to be at par with others. At least, at the moment it is not yet there. The fragmented nature of the present East African economies and democracies mean the policies relating to sovereignty, popular participation, and democracy will be hard to come by making it to be looked as a talking shop. REFERENCES Brown, Lesley. 1993. The New Shorter Oxford English Dictionary. 4th ed. Oxford: Clarendon. Calvert, Peter. 2002. Comparative Politics: An Introduction. New York: Pearson Publishers.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Sovereignty, Popular Participation, and Democratization

105

Dumo, D. 2016. “South Sudan Authorities Shut Down Popular Radio Station.” World News, November. East African Community. 2001. East African Legislative Assembly: Rules of Procedure. Arusha: East African Community. East African Community. 2007. Treaty for the Establishment of the East African Community (As Amended on 14th December 2006 and 20th August 2007). Arusha: East African Community. Gongloe, T. S. 2002. Politics and Good Governance, with Emphasis on Democracy, Human Rights and Ethics and National Integration in Africa. Paper presented at a one-day Youth Workshop held at the Francis Myers Recreation Center, November 5. Organized by the Association of Liberian Youth of the state of Pennsylvania, Atlanta, Georgia. Kisinga, Faith. 2009. “Civil Society, Governance and Integration in East: A Historical Exegesis.” In Civil Society, Governance and Regional Integration in Africa, edited by A. Amuwo, H. A. S. Pul, and I. O. Adadevoh, 31–47. Nairobi: Development Policy Management Forum. Kohen, M. G. 1998. Is the Notion of Territorial Sovereignty Obsolete? Geneva: Faculty of Law, University of Geneva. Larson, Greg, Peter Biar Ajak, & Lant Pritchett. 2013. South Sudan’s Capability Trap: Building a State with Disruptive Innovation. CID Working Paper No 268. Mayer, Lawrence C. 1972. Comparative Political Inquiry: A Methodological Survey. Georgetown: Dorsey. Namutebi, Jane. 2017. “Nomination of South Sudan’s EALA Members Revoked.” New Vision, June 17: 11. Open Society Initiative for Southern Africa. 2009. Strengthening Popular Participation. African Union A Guide to AU Structures and Processes. Oxfam International. Organization of African Unity. 1981. African Charter on Human and Peoples Rights. Addis Ababa: Organization of African Unity. Schmidt, Vivien A. 2005. “The Impact of European Integration on National Democracies: Democracy at Increasing Risk in the Eurozone Crisis.” Perspectives on Politics 3, no. 4: 761–779. South Sudan. 2011. The Transitional Constitution of the Republic of South Sudan. Juba: South Sudan. Sudan. 1934. National Records Offce Sudan. Letter from Governor General of the Sudan to the Governor of Uganda, August 5. Khartoum. Tersoo, Ikyase Johnkennedy, & Egberi Anthony Ejue. 2003. “Democracy and National Integration: Appraising the Challenges of Nigeria from 2003 to 2011.” Journal of Humanities and Social Science 19, no. 11: 32–38. Tokar, Adrian. 2001. Something Happened. Sovereignty and European Integration in Extraordinary Times, IWM Junior Visiting Fellows Conferences, Vienna. vol. 11: 1–15. Ubwani, Z. 2017. “New Twist on South Sudan EALA Representative’s Election.” The Citizen, June 16: 1. Uganda Argus. 1963. July 8. United Nations. 1945. Charter of the United Nations and the Statute of the International Court of Justice. New York: United Nations Secretariat.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 6

Tanzania Citizens’ Sovereignty, Popular Participation, and the EAC Integration and Democratization Nicodemus Minde

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION This chapter contributes to the volume’s central thesis of the signifcance of citizens’ sovereignty, popular participation in the integration and democratization of the East African Community (EAC) with a focus on Tanzania. The chapter explores the National Assemblies East African Legislative Assembly (EALA) nexus and the East African citizens’ sovereignty and popular participation in Tanzania. It has been argued that for integration and democratization to take root within the EAC, be consolidated and institutionalized, the East African citizens must be directly involved in the process (Adar 2018, 2014). The ontological unit in the integration process is the inclusivity of the East African citizens which is crucial in the democratization process of the EAC. Through an operationalized defnition, democratization in this volume will be guided by what Keohane and Hoffmann (1991) called pooling of sovereignty—achieved through the ratifcation of a Treaty. This people-centered approach is anchored in the Treaty for the Establishment of the EAC. Through what the Treaty terms as the operational principles of the EAC, Article 7(1) (a) highlights the centrality of the people for market-driven cooperation. Korwa Adar has attempted to operationalize the idea of eastafricanization by defning it as a process whereby a change at the domestic level of a particular state is caused by integration at the regional level (Adar 2008, 2010, 2014, 2018). The idea of integration world over tends to happen in the same process. This chapter shall also adopt the eastafricanness concept in an attempt to explain the intransigency of Tanzania in the integration process within the EAC. Borrowing from the idea of Europeanization, this volume has adopted 107

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

108

Nicodemus Minde

the concept of eastafricanness to mean a sense of belonging, attachment, and identity, or feeling part of the EAC by the East Africa citizens (c.f. Adar 2014, 2018). This chapter contextualizes Tanzania’s EAC citizen’s sovereignty, popular participation, and EAC-EALA-National Assemblies Nexus from a political dimension. It is against that backdrop that the chapter will, among other topical issues, give a historical overview of EAC and Tanzania’s involvement; Tanzania’s role in the demise of the frst EAC; Tanzania’s role in the revival of the EAC; and Tanzania’s commitment to the EAC. Concomitant to these issues will be an interrogation of the process of integration and democratization and the role of Tanzanian citizens in the process. Further to this shall be an analysis of the role of Tanzania’s parliament in consolidating citizen sovereignty and popular participation.

Copyright © 2020. Lexington Books. All rights reserved.

A HISTORICAL OVERVIEW OF TANZANIA’S INVOLVEMENT IN THE EAC From the frst independent government led by Mwalimu Julius Nyerere to the ffth-phase government under President John Pombe Magufuli, Tanzania has been expressly espousing the need to nurture a spirit and culture of eastafricanness and eastafricanization. However, the question remains: in practical terms, whether Tanzania is committed to these values. In the recent past, Tanzania has been accused of being an “intransigent,” “reluctant partner” with lackluster commitment to widening and deepening regional integration. While being mindful of the fact that democracy, observance of human rights, and rule of law constitute critical tenets of the EAC II, questions have been asked of Tanzania’s continued commitment to these ideals. This intransigency has taken root in the country and questions linger on the sharp reversal in the democratization process. Moreover, since the launching of EAC II, does the Tanzania-EAC countries’ relations exemplify a congruence or a mismatch between citizens’ aspirations for closer cross-border interactions and collaborative efforts on the one hand, and perceived and vested interests of the governing elite on the other? This chapter therefore attempts to answer these questions. Meanwhile, whereas the regional bloc has been ranked high by the recent Africa Regional Integration Index (ARII) and thus fttingly commended for making great strides generally, Tanzania has unfortunately lagged behind in some important dimensions of the EAC integration process, including free movement of people (Africa Regional Integration Index 2017). The chapter concurs with the volume’s key argument that sustainable regional integration of EAC II will surely be predicated upon popular participation of its citizens, among other factors. As it will be

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania Citizens’ Sovereignty, Popular Participation

109

explained in subsequent sections of this chapter, the concept “popular participation” does not merely start and end with electoral and legislative politics.

Copyright © 2020. Lexington Books. All rights reserved.

TANZANIA’S ROLE IN THE CREATION AND DEMISE OF EAC I The history and legacy of regional cooperation in the East African region goes back to precolonial times (Magu 2015; Knowles and Garry 2016). Ogola, Njenga, Mhando, and Kiggundu (2015) outline the profle of the EAC by not only looking at the historical evolution but also the EAC’s governance and institutional arrangements as well as the integration process. From 1947 to 1961, the British created the East African High Commission and the EALA for the administration of the colonies of Kenya, Uganda, and Tanzania. In the early 1900s, a number of institutions were created with the aim of cooperation in the three East African countries. For example, in 1905, the East African Currency Board and the Postal Union were created. Thereafter in 1909 a Court of Appeal for Eastern Africa was set up and later a Customs Union in 1919. Despite the fedgling early integration experience, the three countries managed to overlook their ideological differences and work toward cooperation. After independence, the leader Jomo Kenyatta of Kenya, Julius Nyerere of Tanzania, and Milton Obote of Uganda allowed for interstate trade within the region. In 1967, the frst EAC was founded with three-member states of Kenya, Uganda, and Tanzania, who agreed to cooperate on a wide range of issues (see also chapter 1). Against the background of ideological differences, global as well as regional geostrategic alignments, the cooperation began to shake. Gordon (1984), for example, examines the Kenya-Tanzania ideological rivalry that contributed to the breaking of trust between the two states. Barkan (1994) and Gordon (1984) have analyzed the factors that led to the collapse of the EAC in 1977 to include the regional rivalry between Kenya and Tanzania which can be explained by the divergence and convergence of economic and ideological factors. A combination of suspicion and mistrust between Kenya and Tanzania that was manifested in the perceptions of their leaders Jomo Kenyatta and Julius Nyerere highly contributed to the eventual break up of EAC I. These differences began early into the cooperation of the three countries. Nyerere’s socialist ideals codifed as the Ujamaa philosophy that was ingrained in the Arusha Declaration of 1967 had made Tanzania a socialist state. And as Gordon (1984) observes, Uganda followed Tanzania’s lead through the Common Man’s Charter. This led to perceptions that Kenya was benefting more than

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

110

Nicodemus Minde

her two neighbors with Uganda and Tanzania gradually introducing protectionist policies (Ravenhill 1979; Magu 2015). When Iddi Amin toppled Milton Obote in 1971, this further strained the relations in the cooperation culminating in the eventual demise of the EAC I in 1977. Tanzania’s role in the collapse of the EAC I can be analyzed in the following ways. First, the Nyerere-Kenyatta ideological split made it diffcult for the cooperation to work effectively. Further to the ideological split, Nyerere’s close ties to Obote further compounded the fssures that already existed. Amin’s act of aggression on the Kagera region that led to Tanzania-Uganda War in 1978–1979 also indicated the eventual fall of the EAC (Gordon 1984). The war culminated with the ouster of Amin. In the event of the collapse of the EAC, Tanzania closed its border with Kenya and as Gordon (1994) observes, this led to a reorientation of regional relations between the two states. Naturally, Tanzania reoriented its relations to states in the South while Kenya shifted its directions to the Horn of Africa. The death of President Jomo Kenyatta in 1978 somewhat thawed the tense relations between Kenya and Tanzania. Subsequent state visits by President Nyerere to Kenya in 1985 at the invitation of new president Daniel Moi further thawed the hostile relations. This came after the reopening of the borders in 1983. Gordon (1984) documents how the tough economic crisis in Tanzania had almost crippled the tourism sector due to the closure of the border.

Copyright © 2020. Lexington Books. All rights reserved.

TANZANIA’S ROLE IN THE REESTABLISHMENT OF EAC II Efforts to revive the EAC started in earnest in 1993, leading to the establishment of Permanent Tripartite Commission for Cooperation, an institution that developed draft Treaty that was formalized and signed in 1999, coming into force on July 7, 2000. The 1993 Tripartite Agreement had committed to free fow of goods, services, and people in the region. The goal was a new emphasis on socioeconomic integration and with the idea of creating a Customs Union, a Common Market, subsequently a Monetary Union and ultimately as Political Federation (Knowles and Garry 2016). Tanzania’s city of Arusha played host to the fourth summit in which the Treaty for the Establishment of the EAC was signed on November 30, 1999. Again, on January 15, 2001, Arusha was the host of the frst Summit of the EAC which saw the signing of Protocols on Rules of Procedure for the Summit of Heads of State; Rules of Procedure for the Admission of other countries to the EAC; and it was the historic day in which the EAC II was launched in a public gathering at the Sheikh Amri Abeid Stadium. Tanzania has been at the center of the revival of the EAC however, recently, Tanzania has been accused of intransigency

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania Citizens’ Sovereignty, Popular Participation

111

and lackluster commitment to regional integration. The next section of this chapter examines Tanzania’s recent intransigency and inconsistencies in the integration process.

Copyright © 2020. Lexington Books. All rights reserved.

TANZANIA’S RECENT INTRANSIGENCY IN THE INTEGRATION PROCESS Integration is generally defned as the process of combining different parts into a whole. More specifcally, it involves the shifting of loyalties by different political actors in several distinct national settings toward a new center (Haas 1958, 1971). Notwithstanding Tanzania’s role in the creation, demise, and reestablishment of the EAC, its recent posture toward regional integration has been highlighted in various quarters. Rasul (2010) has, for instance, questioned Tanzania’s commitment to full integration within the EAC. The major argument posited by Rasul (2010) is that Tanzania has been “dragging” its feet in the quest for full integration. Knowles and Garry (2016) have attempted to explain Tanzania’s skepticism through an analysis of Tanzania’s attitudes toward a militarized East African federation. In their fndings, the skepticism correlates with the general Tanzanian opinion on regional integration. Literature on Tanzania’s tepid position on regional integration has been linked to a strong feeling of nationalism and national identity. Knowles and Garry (2016, 264) hypothesize that “citizens with strong sense of national identity, relative to a subnational ethnic identity, are skeptical of East African political integration.” This argument has also been supported by Cooksey (2016) who examines Tanzania’s nationalism in three categories. The frst is the political nationalisms in which he pins down to the ruling elite infuence enmeshed in Nyerere’s legacy. Second, Cooksey (2016) looks at economic nationalism manifested by Tanzania’s history of protectionism and inward-looking economic policies. Lastly, Cooksey (2016) analyzes the sociocultural nationalism that Tanzania exhibits through the Kiswahili language. He argues that this lingua exceptionalism has to some extent contributed to the inferiority complex among Tanzanians when relating to their neighbors. It is against this backdrop that the concept of eastafricanness among a majority of Tanzanians is examined. While the volume adopts the defnition of eastafricanness to mean a sense of belonging, attachment, and identity or feeling part of the EAC by East African citizens, various empirical surveys indicate Tanzania’s declining optimism about the future of economic integration. Two Afrobaromenter surveys of 2008 and 2012 indicate Tanzania’s tetchiness to regional integration. The fndings in the Afrobarometer surveys not only point to lack of awareness of a majority of Tanzanians on various

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

112

Nicodemus Minde

aspects of East African Federation but also falling approval levels of economic integration (Knowles 2014). A briefng paper by Afrobarometer survey in collaboration with Tanzania’s research frm Research in Poverty Alleviation (REPOA) of 2009 also indicate that a majority of Tanzanians especially in the rural regions have little or no knowledge in integration matters (Katera 2009). While the approval for economic integration in the two sets of survey (2008 and 2012) demonstrate an incremental rise (70%), the data however shows that there are drops in citizen’s attitudes toward free movement of people goods and services (Common Markets level of integration), a drop in the approval of both customs union and monetary union (Knowles 2014). A closer interpretation of the data coupled with literature on Tanzania’s skepticism indicate that the country’s citizens still don’t feel the sense of community and oneness in a collectivity of becoming East Africans. The idea of awareness on regional integration matters is condition sine qua non or rather an indispensable factor without which regional organization cannot exist and in this particular context, the EAC integration agenda. Further to this, the idea of eastafricanization, which is triggered by domestic infuences of a state partner will be futile. While other Partner States such as Kenya, Rwanda, and Uganda have in the recent past demonstrated the spirit of eastafricanization through domestic action, Tanzania has, based on inaction and tepidness slowed down regional integration. This is in spite of a 2014 survey conducted by a local research frm Twaweza, which indicated Tanzania support of integration in the EAC. The fndings by Twaweza published in a brief titled: Let’s build one house! What Tanzanians think about the East African Community is nationally representative mobile phone survey? A majority of the indicators in the Twaweza survey demonstrated Tanzania’s support to integration. However, the fndings also point to a general lack of awareness in regional issues. The data also reiterated Tanzania’s hesitance on high-level integration, with fndings pointing a high-rate disapproval of creation of a joint army, land ownership, and political federation (Twaweza 2014). A number of recent discernable events signpost Tanzania’s intransigencies to EAC regional integration agenda. Kenya, Uganda, and Rwanda reacted to Tanzania’s recent intransigency by forming a “Coalition of the Willing (CoW)” in 2013. Feeling frustrated by Tanzania and Burundi lukewarm approach to regional issues, the three CoW partners decided to forge ahead with joint infrastructural projects (Muluvi and Odhiambo 2013). This happened at a time when Tanzania was experiencing strained relations with Rwanda. Tanzania’s President Jakaya Kikwete had in a summit in Addis Ababa, Ethiopia on May 26, 2013, President Kikwete made a proposition to President Paul Kagame of Rwanda and President Joseph Kabila of the Democratic Republic of Congo (DRC) to

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania Citizens’ Sovereignty, Popular Participation

113

negotiate with the Democratic Forces for the Liberation of Rwanda (FDLR) because the military efforts had failed (The EastAfrican 2013). President Kikwete’s proposal was that if President Kabila was able to negotiate with another rebel group—the March 23 Movement (M23), then Rwanda should be able to negotiate with the FDLR. This was not received well by President Kagame leading to a public confrontation between the two states. The tension between Tanzania and Rwanda between 2013 and 2015 further highlighted the frosty relations among EAC member states at the time. Responding to the accusations that Tanzania was dragging its feet on integration matters, then President Kikwete denied at reiterated the country’s commitment to the EAC (Oginga 2013). Speaking in parliament in Dodoma, Kikwete said Tanzania will not leave the EAC but expressed concerns on land, immigration, employment, and fast-tracking of the political federation.

Copyright © 2020. Lexington Books. All rights reserved.

NEO-FUNCTIONALISM AND TANZANIA’S EAC INTEGRATION PROCESS Tanzania’s commitment to regional integration has taken the gradualist approach (Bosire 2018). This means the country favors a gradual and systematic integration process from low-level to high-level integration. This can be theorized by the neofunctionalist approach to regional integration. Based on the pioneering work of Ernst Haas (1958), the neofunctionalist theory proceeds from the assumption that integration process develops though gradual and systematic approach and from one specifc sector to another. With this there is a spillover effect at various sectorial and political levels (Mattli 1999). The neofunctionalist approach to regional integration postulates that the process of regional integration is motivated by selfsh interests and aims (Alusa 2013; Adar 2005). As such based on the neofunctionalist theory, regional integration success is dependent on political elite interests. Tanzania’s political elites as Cooksey (2016) argues are driven by political nationalism, economic nationalism, and sociocultural nationalism, something that has hampered regional integration. It is evident that the Tanzanian elite is using citizens’ mistrust and misinformation for political gains and propagate the country’s lukewarm stance to regional integration. According to EAC Treaty, states pool their sovereignties so as to meet the objectives and principles enshrined therein. These principles are captured in Article 6 of the EAC Treaty and include: (a) Mutual trust, political will and sovereign equality; (b) Peaceful coexistence and good neighborliness; (c) Peaceful settlement of disputes;

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

114

Nicodemus Minde

(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 people’s rights in accordance with the provision of the African Charter on Human and People’s Rights; (e) Equitable distribution of benefts; and (f) Cooperation for mutual beneft (East African Community (EAC) 2002). The EAC Treaty in Article 5(2), 7(1) and Article 123 reinforce the neofunctionalist theory. Article 5(2), for example, states the following:

Copyright © 2020. Lexington Books. All rights reserved.

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 beneft of which shall be equitably shared. (East African Community (EAC) 2002)

Article 7 deals with the operational principles of the community. Article 7(1) (a) which provides for “people-centered and market-driven process of integration, it can be argued, incorporates the idea of individual integration.” Articles 123 outlines cooperation in political affairs among the EAC Partner States which in the view of the founding fathers of the EAC II, would lay the foundation for “the eventual establishment of a political federation of the Partner States” (East African Community (EAC) 2002). These principles and objectives reinforce the EAC agenda for expanding democratization, eastafricanization, eastafricanness, and regional integration. However, it is evident that Tanzania has still not yet fully embraced these ideals. TANZANIA CITIZEN SOVEREIGNTY, POPULAR PARTICIPATION, AND EALA DEMOCRATIZATION Through an operationalized conceptual adoption, this volume describes EAC democratization means the spreading of democracy within the regional bloc. Elsewhere, democratization has been analyzed as the transition from authoritarian to democratic systems of governance (Joseph 1999; ConteMorgan 1997; Young 1999). In the African context, the so-called third wave democratization began in the late 1980s with the transition from autocratic,

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania Citizens’ Sovereignty, Popular Participation

115

military, and authoritarian regimes to pluralist democratic elections (Bratton and van de Walle 1997). The EAC Partner States have been undergoing varying democratic transitions. Of all the EAC Partner States, Kenya’s democratization trajectory has been far the murkiest. With the end of the Cold War, Kenya’s push for pluralism was vibrant and was largely driven by civil society and progressive reformers (Mutua 2008). Uganda’s democratization involved a guerilla movement that brought President Yoweri Museveni to power in 1986. The democratization process in Tanzania has largely been driven by the main political party, Chama Cha Mapinduzi (CCM). Tanzania’s democratic transition was “transition from above” (Cheeseman 2015, 97). The top-down democratization was driven by the ruling party CCM due to its strong grassroots hold (c.f. Hyden 1999; Msekwa 2006).

Copyright © 2020. Lexington Books. All rights reserved.

TANZANIA PARLIAMENT—EALA LINKAGES: THE ROLE OF EALA AND TANZANIA’S PARLIAMENT IN CITIZENS’ SOVEREIGNTY AND POPULAR PARTICIPATION For meaningful eastafricanization and eastafricanness to be realized, it is imperative that a genuine link between EAC and the people is established (see also chapters 3 and 7). The EALA is one such body. It is anchored in chapter nine of the EAC Treaty. EALA is the legislative organ of the community and has a cardinal function to further EAC objectives through its legislative representative and oversight mandate (East African Community (EAC) 2002). It holds its proceedings once annually and its meetings presided by the speaker. One of its key functions is liaising with national assemblies of the Partner States on matters relating to the Community (Article 49 (2) (a)) (East African Community (EAC) 2002). In terms of composition, pursuant to Article 50 (1), it is made up of ffty-four elected members (nine from each Partner State) and seven ex-offcio members consisting of the minister or cabinet secretary responsible for EAC matters from each Partner State, the secretary general and the counsel to the Community totaling sixty-two members. As a key EAC organ, EALA is to promote and deepen democracy and democratic governance in the region (Wanyande 2005). The assembly has been empowered by the EAC Treaty to make laws binding on EAC’s Partner States as well as the mandate to approve the budget of the EAC as well as oversight role (Ogbonnaya and Ogujiuba 2015; Adar 2014). Just like similar regional parliamentary assemblies, the EALA is a key organ that promotes democratic ideals within the EAC bloc. Other regional parliamentary assemblies include

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

116

Nicodemus Minde

the Economic Community of West African States (ECOWAS) Parliament, Inter-Parliamentary Union of Intergovernmental Authority on Development (IGAD), Network of Parliamentarians of the Economic Community of Central African States (ECCAS), Pan-African Parliament (PAP), Parliament de I’Union Economiue et Monetaire Quest Africaine (UEMOA), and the South African Development Community (SADC) Parliamentary Forum (Salih 2013; Musavengana 2018; Akokpari 2018). As a democratization agent, members of the regional parliament are required to sensitive the public about what regional integration entails through supportive initiatives (Wanyande 2005). This will thus promote eastafricanization and eastafricanness. The nexus between national parliaments and the EALA is crucial for creating a people-centered regional organization pursuant to the provisions of Article 5(3) (d) and Article 7(1) (a). A peoplecentered organization will promote citizen sovereignty and popular participation in the integration process. Despite this, Oloo (2005) has argued that EALA has failed to achieve its ideal goal being the link between the EAC and the regional’s electorate. The disenfranchisement of the citizens has been caused by the dominance by the bureaucracy within the EAC which has seen the election of EALA members through indirect representation. Oloo (2005) avers that this indirect representation has rendered the EAC Treaty vulnerable to dictates of member states, as they can ignore it. Pursuant to Article 50(1) of the EAC, national assemblies of each partner state are required to elect, not from its members, nine members of the assembly who shall represent that state (East African Community (EAC) 2002). These representatives are drawn from the political parties that are represented in the state’s parliament. The election of EALA Members of Parliament (MP) based on the political parties makes the process susceptible to political intrigues as shall be discussed in the subsequent section. The EALA MP candidates are drawn from party caucuses, who as shall be argued in the case of Tanzania are characterized by political patronage and CCM’s party dominance. While Oloo (2005) has discussed the dominant role played by the then ruling party the Kenya African National Union (KANU) in the nomination of EALA MPs, the situation is similar to Tanzania’s long-time ruling party CCM. CCM’S ONE-PARTY DOMINANCE AND ITS IMPACT OF EAC DEMOCRATIZATION CCM’s stronghold on politics in Tanzania has made the country to be categorized as a one-party dominant state (Bakari and Whitehead 2013; Morse 2014). The party dominance has infuenced the democratization process in

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania Citizens’ Sovereignty, Popular Participation

117

Copyright © 2020. Lexington Books. All rights reserved.

Tanzania. Tanzania is a classic one-party dominant state. One-party dominance can be defned as a political system, in most cases operating in within a legal framework of multiparty politics, in which a single party dominates either in terms of threshold of election victory or time duration (c.f. Erdmann and Basedau 2013; Sartori 1976; Borgaards 2004). One-party dominant states have had impacts on social cleavages, infuenced the country’s political culture and institutional architectures. This section argues that the presence of one-party dominance system has not only impacted the internal democratization process but also the democratization within the EAC. This argument is discussed by examining the role of parliament in building regionalism from below. Adar, Finizio, and Meyer (2018) have conceptualized the idea of building regionalism from below and its impact on democratization in the EAC region. Through the EALA, the principle legislative organ of the EAC, Partner States are engaging it with the aim of democratizing the body through popular participation and citizen sovereignty. The chapter began by arguing that for EAC integration to take root (with the ideas of eastafricanization, eastafricanness); there must be a link between the integration process and the East African citizens. The role of the Tanzanian parliament in regional integration according to Bosire (2018) has been mixed. While on the one hand, it has debated crucial issues related to regional integration, it has also been accused of its sluggishness in enacting laws and making decisions that promote regional integration. While this has been the major debate, I argue that the presence of a one-party dominated parliament has contributed to the slow pace of Tanzania’s role in democratization of the EAC. Parliamentary results after the 2015 General Elections in Tanzania highlight CCM’s dominance. Out of the 390 seats, CCM won 188 seats with its closest challenger Chama Cha Demokrasia na Maendeleo (CHADEMA) winning thirty-four seats. With EALA MPs being nominated and approved by parliament, it has meant that CCM will always dominate the process. As table 6.1 indicates Tanzania’s representation at Table 6.1  Tanzania EALA Members, Fourth Assembly (2017–2022) Member

Party Affiliation

Mnyaa Habib Mohamed Nkuhi Fancy Haji Lugiko Happiness Elias Dr. Abdullah Hasnuu Makame Dr. Ngwaru Maghembe Kimbisa Adam Omar Yahya Maryam Ussi Lemoyan Josephine Sebastian Maasay Pamela Simon

Civic United Front (CUF) Chama Cha Mapinduzi (CCM) Chama Cha Mapinduzi (CCM) Chama Cha Mapinduzi (CCM) Chama Cha Mapinduzi (CCM) Chama Cha Mapinduzi (CCM) Chama Cha Mapinduzi (CCM) Chama Cha Demokrasia na Maendeleo (CHADEMA) Chama Cha Demokrasia na Maendeleo (CHADEMA)

Source: Author’s compilation from various online sources.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

118

Nicodemus Minde

EALA’s Fourth Assembly for the years 2017–2022, out of the nine members, CCM has six affliated MPs, clearly revealing the dominance of the party. It is evident from table 6.1 that CCM continues to dominate the EALA representation. For democratization of the EAC to happen, there is need for internal democratization within the political parties that nominate these EALA representatives. The presence of a one-party dominance system in Tanzania has affected the nomination and election of EALA MPs. CCM’s dominance has meant that EALA MPs from Tanzania are largely affliated to it. Oloo (2005) when giving proposals to how best to enhance the EALA role in the EAC argues that this regional legislative body has to reexamine the method used to recruit its members. Wanyande (2005, 67) notes succinctly that “the legitimacy of the regional parliament will be affected by the extent to which it performs its functions and carries out its mandate according to the expectations and to the satisfaction of the people.” Proposals have been made by various scholars on how to enhance EALA citizen sovereignty and popular participation. Wanyande (2005) observes that EALA representatives drawn from political parties will tend to pay more allegiance to their parties than addressing regional integration issues. Political intrigues and machinations characterized the nomination and election of the members of the Fourth Assembly in Tanzania. CCM’s dominance during the parliament vote in April 2017 was evident as they vetoed CHADEMA’s nominees—Lawrence Masha and Ezekiel Wenje (Mtanzania Newspaper 2017). CCM felt it was not comfortable with CHADEMA nominees and based on their numerical advantage in parliament, voted against the two. CHADEMA were forced to nominate other candidates for their two slots. This clearly shows how domestic party politics can infuence the election of EALA members which in effect raises the quality of the MPs.

Copyright © 2020. Lexington Books. All rights reserved.

CONCLUSION Tanzania’s relationship with the EAC has been mixed. This chapter has examined the country’s historical involvement in the EAC. The country was at the center of the demise and the revival of the EAC. This chapter examined the complex issues that affect Tanzania’s involvement in regional integration. Based on operational concepts such as democratization, eastafricanization, eastafricanness, this chapter assessed Tanzania citizen’s sovereignty, integration, and popular participation. The study has pointed Tanzania’s recent intransigency in the integration process and how this has affected regional cooperation. Tanzania’s relations with specifc EAC states have been analyzed using three nationalism discourses (political, economic, and sociocultural). Tanzania’s mistrust and

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania Citizens’ Sovereignty, Popular Participation

119

lukewarm approach to regional issues has been studied in different empirical surveys—something that point to Tanzania citizen’s lack of awareness to regional integration issues and general apathy to the same. This has in effect infuenced the idea of eastafricaniztion and eastafricanness. Tanzania’s domestic decisions have done little to infuence regional integration. The lack of awareness of EAC issues as the surveys and research show means that the idea of eastafricanness—the sense of belonging, attachment, and identity or feeling part of the EAC by East African citizens is very low among a majority of Tanzanians. This chapter tried to engage various factors that explain Tanzania’s intransigency. The role of parliaments in regional integration was also discussed with the aim of analyzing the link between the EAC and the citizens. In particular, this chapter argued that while the EALA remains a crucial integration organ, Tanzania’s one-party dominance has frustrated the democratization process of the EAC.

Copyright © 2020. Lexington Books. All rights reserved.

REFERENCES Adar, Korwa G. 2018. “Sovereignty of East Africans in the Balance: The Role of the East African Legislative Assembly and the Integration Process of the EAC.” In Building Regionalism from Below: The Role of Parliaments and Civil Society in Regional Integration in Africa, edited by Korwa G. Adar, Giovanni Finizio, and Angela Meyer, 65–89. Brussels: Peter Lang Publishers. Adar, Korwa G. 2014. “East African Community.” In The Democratization of International Institutions: First International Democracy Report, edited by Lucio Levi, Giovanni Finizio, and Nicola Vallinoto, 230–241. London: Routledge. Adar, Korwa G. 2008. “Fast Tracking East African Political Federation: The Role and Limitations of the East African Legislative Assembly.” Africa Insight, vol. 37, no. 4: 76–97. Adar, Korwa G. 2010. “Fast Tracking Federation: A Problematic Dynamic?” In A Region in Transition: Towards a New Integration Agenda in East Africa, edited by Rok Ajulu, 64–98. Midrand: Institute for Global Dialogue. Adar, Korwa G. 2005. “New Regionalism and Regional Reconstruction: The Case of the East African Community.” Politeia: Journal for Political Science and Public Administration, vol. 24, no. 1: 28–48. Adar, Korwa G., Giovanni Finizio, and Angela Meyer. 2018. “The Role of Parliaments and Civil Society in Africa’s Regional Integration.” In Building Regionalism from Below, edited by Korwa G. Adar, Giovanni Finizio, and Angela Meyer, 17–44. Brussels: Peter Lang Publishers. Africa Regional Integration Index. 2017. EAC: East African Community. March. Accessed November 2018. https​://ww​w.int​egrat​e-afr​ica.o​rg/ra​nking​s/reg​ional​ -econ​omic-​commu​nitie​s/eac​/. Akokpari, John. 2018. “The Pan-African Parliament as an Institution of African Integration: Prospects and Constraints.” In Building Regionalism from Below, edited

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

120

Nicodemus Minde

by Korwa G. Adar, Giovanni Finizio, and Angela Meyer, 47–89. Brussels: Peter Lang Publishers. Alusa, Doreen. 2013. “Multipolar Politics and Regional Integration in East Africa: Opportunities and Challenges for Nonstate Actors.” In Confict and Peacebuilding in the African Great Lakes Region, edited by Kenneth Omeje and Tricia Redeker Hepner, 65–81. Bloomington: Indiana University Press. Bakari, Mohammed, and Richard Whitehead. 2013. “Tanzania: Nurturing Legacies of the Past.” In One-Party Dominance in African Democracies, edited by Renske Doorenspleet and Lia Nijzink, 93–116. Boulder, Colorado: Lynne Rienner Publishers. Barkan, Joel D. 1994. “Divergence and Convergence in Kenya and Tanzania: Pressures for Reform.” In Beyond Capitalism vs. Socialism in Kenya & Tanzania, edited by Joel D. Barkan, 1–45. Boulder: Lynne Rienner Publishers. Bogaards, Matthijs. 2004. “Counting Parties and Identifying Dominant Party Systems in Africa.” European Journal of Political Research, vol. 43, no. 2: 173–197. Bosire, Richard M. 2018. “East African Regional Integration: A Contextual Analysis of the Role of Tanzania’s Legislative Assembly.” In Building Regionalism from Below: The Role of Parliaments and Civil Society in Regional Integration in Africa, edited by Korwa G. Adar, Giovanni Finizio, and Angela Meyer, 155–173. Brussels: Peter Lang Publishers. Bratton, Michael, and Nicolas van de Walle. 1997. Democratic Experiments in Africa: Regime Transitions in Comparative Perspective. Cambridge: Cambridge University Press. Cheeseman, Nic. 2015. Democracy in Africa: Successes, Failures, and the Struggle for Political Reform. New York: Cambridge University Press. Conteh-Morgan, Earl. 1997. Democratization in Africa: The Theory and Dynamics of Political Transitions. London: Praeger Publishers. Cooksey, Brian. 2016. Tanzania and the East African Community: A Comparative Political Economy. Working Paper, European Centre for Development Policy Management (ECDPM), Maastricht: ECDPM. East African Community (EAC). 2002. The Treaty for the Establishment of the East African Community. Arusha: East African Community (EAC) Secretariat. Erdemann, Gero, and Matthias Basedau. 2013. “An Overview of African Party Systems.” In One-Party Dominance in African Democracies, edited by Renske Doorenspleet and Lia Nijzink, 25–46. Boulder, Colorado: Lynne Rienner Publishers. Gordon, David F. 1994. “International Economic Relations, Regional Cooperation, and Foreign Policy.” In Beyond Capitalism vs. Socialism in Kenya & Tanzania, edited by Joel D. Barkan, 235–262. Boulder: Lynne Rienner Publishers. Gordon, David F. 1984. “Foreign Relations Dilemma of Independence and Development.” In Politics and Public Policy in Kenya and Tanzania, edited by Joel D. Barkan, 297–335. Nairobi: Heinemann Kenya Limited. Haas, Ernst. 1970. “The Study of Regional Integration: Refections on the Joy and Anguish of Pretheorizing.” International Organization, vol. 24: 607–646. Haas, Ernst. 1958. The Uniting of Europe: Political, Social and Economic Forces, 1950–57. Stanford, CA: Stanford University Press.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Tanzania Citizens’ Sovereignty, Popular Participation

121

Hyden, Goran. 1999. “Top-Down Democratization in Tanzania.” Journal of Democracy, vol. 10, no. 4: 142–155. Joseph, Richard. 1999. “Africa, 1990–1997: From Abertura to Closure.” In Democratization in Africa, edited by Larry Diamond and Marc F. Plattner, 3–17. Baltimore: The Johns Hopkins Press. Katera, Lucas. 2009. Citizens’ Views on the East African Federation: A Tanzanian Perspective. Research on Poverty Alleviation (REPOA), Dar es Salaam: REPOA. Keohane, Robert O., and Stanley Hoffman, eds. 1991. The New European Community. Boulder: Westview. Knowles, Josie. 2014. “East African Federation: Tanzanian Awareness of Economic and Political Integration Remains Poor, But There Is Growing Support for Political Links.” Afrobarometer Briefng Paper no. 54: 1–11. Knowles, Josie, and John Garry. 2016. “Tanzanian Scepticism of a Militarised East African Federation and Underlying Military Concerns.” African Security Review, vol. 25, no. 3: 258–274. Magu, Stephen M. 2015. “Dilemmas of East African Cooperation: Domestic Audience and Prisoner’s Dilemma Approaches on Regional Integration.” African Studies, vol. 74, no. 3: 388–403. Mattli, Walter. 1999. The Logic of Regional Integration: Europe and Beyond. Cambridge: Cambridge University Press. Morse, Yonatan L. 2014. “Party Matters: The Institutional Origins of Competitive Hegemony in Tanzania.” Democratization, vol. 21, no. 4: 655–677. Msekwa, Pius. 2006. Refections on the First Decade of Multiparty Politics in Tanzania. Dar es Salaam: Hans Seidel Foundation. Mtanzania Newspaper. 2017. Tanzania Kwanza Uchaguzi wabunge wa EALA. April 6. Accessed November 2018. https​://ww​w.pre​ssrea​der.c​om/ta​nzani​a/mta​nzani​ a/201​70406​/2815​17930​97306​0. Muluvi, Augustus, and Paul Odhiambo. 2013. East African Partner States Pulling in Different Directions: What Are the Implications for the East African Community? December 2. https​://ww​w.bro​oking​s.edu​/blog​/afri​ca-in​-focu​s/201​3/12/​02/ea​st-af​ rican​-part​ner-s​tates​-pull​ing-i​n-dif​feren​t-dir​ectio​ns-wh​at-ar​e-the​-impl​icati​ons-f ​ or-th​e-eas​t-afr​ican-​commu​nity/​. Musavengana, Takawira. 2018. “The Role pf Parliaments and Civil Society in Regional Integration in Africa: The Case of the SADC Parliamentary Forum.” In Building Regionalism from Below: The Role of Parliaments and Civil Society in Regional Integration in Africa, edited by Korwa G. Adar, Giovanni Finizio, and Angela Meyer, 131–151. Brussels: Peter Lang Publishers. Mutua, Makau. 2008. Kenya’s Quest for Democracy: Taming Leviathan. Boulder: Lynne Rienner. Ogbonnaya, Ufem Maurice, and Kanayo Ogujiuba. 2015. “Regional Parliamentary Assemblies in Africa: Challenges of Legitimacy of Authority and Status of Operation.” The Journal of Legislative Studies, vol. 21, no. 4: 553–573. Oginga, Bernard. 2013. President Jakaya Kikwete Says Tanzania is Concerned about Land, Immigration, Employment and Acceleration of Political Federation. November 7. Accessed November 2018. https​://ww​w.sta​ndard​media​.co.k​e/art​icle/​20000​

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

122

Nicodemus Minde

Copyright © 2020. Lexington Books. All rights reserved.

97130​/pres​ident​-jaka​ya-ki​kwete​-says​-tanz​ania-​is-co​ncern​ed-ab​out-l​and-i​mmigr​ ation​-empl​oymen​t-and​-acce​lerat​ion-o​f-pol​itica​l-fed​erati​on. Ogola, Frederick Onyango, George N. Njenga, Peter C. Mhando, and Moses N. Kiggundu. 2015. “A Profle of the East African Community.” Africa Journal of Management, vol. 1, no. 4: 333–364. Oloo, Adams G. R. 2005. “The EALA and the National Assemblies of Partner States: Confict or Harmony?” In The Making of a Region: The Revival of the East African Community, edited by Rok Ajulu, 76–94. Midrand: Institute for Global Dialogue. Rasul, Ahmed Minja. 2010. “Tanzania and the East African Federation Agenda: A Committed or Reluctant Party to Full Integration?” The African Review, vol. 37, no. 2: 25–63. Ravenhill, John. 1979. “Regional Integration and Development in Africa: Lessons from the East African Community.” Journal of Commonwealth and Comparative Politics, vol. 17: 227–246. Salih, M. A. Mohamed. 2013. “African Regional Parliaments: Legislatures without Legislative Powers.” In Parliamentary Dimensions of Regionalization and Globalization: The Role of Inter-Parliamentary Institutions, edited by Olivier Costa and Clarissa Dri, 149–165. Houndmills: Palgrave. Sartori, Giovanni. 1976. Parties and Party Systems: A Framework for Analysis. Cambridge: Cambridge University Press. The East African. 2013. Unease in Kigali Over Kikwete’s Call for Talks with FDLR. June 8. Accessed November 21, 2016. http:​//www​.thee​astaf​rican​.co.k​e/new​s/Une​ ase-i​n-Kig​ali-o​ver-K​ikwet​e-s-c​all-f​or-ta​lks-w​ith-F​DLR-/​-/255​8/187​6210/​-/13q ​ cfwo/​-/ind​ex.ht​ml. Twaweza. 2014. Briefng: Let’s Build One House! What Tanzanians Think about the East African Community. Dar es Salaam: Twaweza. Wanyande, Peter. 2005. “The Role of the East African Legislative Assembly.” In The Making of a Region: The Revival of the East African Community, edited by Rok Ajulu, 63–75. Midrand: Institute for Global Dialogue. Young, Crawford. 1999. “Africa: An Interim Balance Sheet.” In Democratization in Africa, edited by Larry Diamond and Marc F. Plattner, 63–79. Baltimore: The Johns Hopkins University Press.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 7

Uganda Citizens’ Sovereignty, Popular Participation, and the EAC Integration and Democratization Aaron Ayeta Mulyanyuma

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION Uganda is a founding member of the East African Community (EAC) since colonial times. The basis for its participation in regional integration is based partly on its landlocked geographical location. This is more apparent in the promotion of the national economy. However, citizen sovereignty, popular participation, and democratization in the EAC integration have been relegated in preference for the deeper engagement by the political elites and bureaucratic class. This chapter argues that citizen involvement through a democratization process is bound to strengthen regional integration from below and enrich it with the political peculiarities of Ugandan citizens. It also argues that there is a gap of expectations between the citizens and the political class with regard to regional integration. The citizens are nonetheless in pursuit of democratic institutions and practices in the region that yield policies that are benefcial to them. Indeed, Uganda’s democratic credentials would be enhanced if they were intertwined with the evolving democratic culture in the East African region. There is increasing citizen assertiveness that is emerging as bedrock for democracy which in our view necessitates explicit drive and promotion of the EAC citizens’ eastafricanness in the integration agenda. However, regional integration offers, at the moment, insignifcant benefts due to the virtual lack of effective democratic mentorship that may infuence domestic politics. As a consequence, Uganda is left to its own devices. At economic level, Uganda is, however, more receptive to regional integration with regard to promoting cross-border trade in cereals, manufactured goods, trade in services, and petroleum products. 123

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

124

Aaron Ayeta Mulyanyuma

Copyright © 2020. Lexington Books. All rights reserved.

UGANDA CITIZEN SOVEREIGNTY IN THE EAC Popular sovereignty refers to behavior or sentiments associated with all of the people, popular culture, and popular opinion. Citizen sovereignty concerns persons invested with the highest authority and exercising supreme power, as with a sovereign monarch or government. Sovereignty refers to the condition or quality of being sovereign, as with the sovereignty of states in the international community (Tate 2006). Human rights law has redefned the concepts of sovereignty and citizenship. Transnationalization has weakened the hegemony of the political elites by strengthening citizenship claims of all persons (Hernandez-Truyol 2005). The conception of citizenship has long been a polemic and value-laden one in democratic theory. To some, citizenship is understood to mean a bunch of individual rights, whereas to others it’s seen as a broader set of social and civic responsibilities. At national level, citizen participation includes elements of participation in decision-making in social, economic, cultural, and political life inside the nexus of basic human rights. Citizen participation is regarded as the exercise of power as social actors inside the areas created for the interaction between voters and native authorities. However, effective national participation is proscribed by government forms, management of the structure and processes (Clifford et al. 2015). Citizenship refers to a status of equal membership in an exceedingly selfgoverning polity, as a collection of rights and obligations connected to this status, as a shared identity in various societies, and as a collection of civic virtues and practices that sustain political freedom and self-rule (Bauböck 2007). The concept of citizen sovereignty is embedded in constitutions of respective countries. In United States, citizen sovereignty pledge of allegiance as written by Francis Bellamy and say, “I pledge allegiance to my fag and the republic for which it stands one nation indivisible with liberty and justice for all.” The United States has ffty states with unwritten Constitution but their identity defnes their sovereignty as American people and one nation. The citizens hold fundamental sovereignty and their identity infuence interpretation of constitutional provisions in terms of rights and obligations (Kilberg 2014). Scholars like Pocock (1992) and Kymlicka (2002) contend that the republican ideal of citizenship as stated by Aristotle, Machiavelli, or Rousseau emphasizes the active involvement of citizens in governing their polity. John Pocock has pointed out that we have inherited from antiquity two contrasting notions of citizenship: a Greek conception that emphasizes the activity of collective self-rule and tends to be ethnically exclusive, and a Roman one that emphasizes legal status and privilege and is expansive.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Uganda Citizens’ Sovereignty, Popular Participation

125

In Uganda, Article 1 of the Constitution of the Republic of Uganda 1995 provides for sovereignty of the people and enumerates the powers Ugandan citizens hold to decide how they should be governed. The constitutional provisions under this chapter highlight the effcacy of citizen sovereignty and strongly emphasize the fact that all power belongs to the people who shall exercise their sovereignty in accordance with this Constitution (Constitution of the Republic of Uganda 1995). The ongoing discussion demonstrates that citizen sovereignty is an important factor that can promote nation building and political development of any given country. Citizen sovereignty promotes popular participation and decision-making which is the cardinal principle of democracy and good governance. Uganda’s citizen sovereignty, popular participation, and the EAC Integration and Democratization are embedded in treaties signed by founding members of the EAC. The principle of supremacy should also be distinguished from provisions often found in the founding treaties of communities which oblige member states to ensure the conformity of their laws with community law. In theory, such provisions are not confict of laws resolution provisions. They could be characterized as law-implementation provisions. They look to the executive and legislature rather than the judiciary for action. Their violation will often be a breach of an international obligation remediable at the international rather than the national level (Booth et al. 2007). Scholars like Oppong (2009) explain that what the principle of supremacy declares is that where national law is not in conformity with community law, national courts should give preference to and apply community law. The principle of supremacy of community law overcomes this challenge to vertical community-state relations. It provides a uniform and community interest-oriented solution to conficts between community and national law. Supremacy may be enshrined in a community’s founding Treaty or it may be judicially decreed through a teleological interpretation of the Treaty. The principle of supremacy enhances community law in that it bypasses potentially inimical national internal confict of laws rules. It affrms the autonomy of the community legal system, ensures that the community law is not overridden by national law, and fosters a coherent community legal system. It is imperative to note that in a democratic government, citizen sovereignty is predicated on the desire of the people, to express their views free and honest elections. Democracy is the foundation of respect for the human person and therefore the rule of law. Democracy is the best safeguard of freedom of expression, tolerance of all teams of society, and equality of chance for every person. Democracy, in its representative and pluralist character, entails responsibility to the citizens, the duty of public authorities to comply with the law and justice administered impartially. This could be the desire of Ugandan

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

126

Aaron Ayeta Mulyanyuma

but could go a long way unless political leaders transcend social, economic, and political limitations that affect citizen to realize their full participation in the EAC affairs at local, national, and regional levels.

Copyright © 2020. Lexington Books. All rights reserved.

UGANDA CITIZEN POPULAR PARTICIPATION IN EAC The EAC has registered enormous achievements since 1999 and it is currently among successful federations in Africa. However, it has been noted that the federation has limited citizen participation as regards policymaking which is dominated by the elites. The political leadership and bureaucrats are at the center of policymaking at both local and national level. At national level, members of parliament hardly consult the public on issues pertaining EAC integration. It is also highly doubted if local governments genuinely engage citizens in matters of national importance. It is only during election time when civil society organizations attempt to carry out civic education on electoral process which is limited by budget fnancing and human resource capacity gap (Bainomugisha and Rwengabo 2016). Constitutionalism is a major ingredient to democratization process. Constitution making processes should be people-centered based on public participation. Public participation legitimizes decision-making (Mwenedata 2016). Citizen participation has been defned by different scholars to mean active involvement of citizens in the execution of public (political) affairs and their engagement in policy formulation processes and in particular in elections and referendums (Böhm 2016). Participation in decision-making processes gives opportunity to the voters to exercise their constitutional rights and infuence policies and laws that govern them with potential positive ramifcations on eastafricanness, eastafricanization, democratization, and integration at least in the context of the EAC under study. Citizen participation is therefore an integral part of the democratic process that refects the will of the people in decision-making and has political relations with a representative government. However, it’s vital to remember that democratic governance does not suspend constitutional and legal competences possessed by representatives of the executive and legislative powers within the procedure of passing and implementing laws. Public participation creates truthful policies/laws that refective the desires of the people. Participatory democracy ensures the attainment of policy outcomes as a response to public needs within the political process. Citizen participation includes access to information, consultation, and active participation (Jaakkola 2015). However, it should be noted that civic education in Uganda is very weak and the majority of Ugandans are ignorant of the rights and obligations. Civic education has been left to civil society organization with

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Uganda Citizens’ Sovereignty, Popular Participation

127

thin input from government. We can therefore conclude that citizens hardly contribute to meaningful policy debates and policymaking process in Uganda in matters that concern their country. Traditionally, the participation of voters is related to varieties of political activity and citizen participation in political decision-making, whereas national participation within the administrative processes is less analyzed, and particularly the direct participation of voters within the implementation of public policy problems, taking part in public service delivery and quality improvement processes. Citizen participation in government programs is limited by actions of the bureaucrats and decision-making refect the views of the elites. The experience of different countries shows that it is insuffcient to establish legal measures to ensure participation in the proceedings, it is also very important that both providers and users—would like to work together and would be motivated to improve public service quality. The participation is an essential part of democratization; however, more active participation does not necessarily lead to more democracy. Legal possibilities of participation and expression are important and the abundance of formal procedures may be viewed as a supportive factor for participation; however, bureaucratization of participation is also possible, which means that the democratization is declared but not implemented (Stumbraitė-vilkišienė 2011). Citizen participation in government is sometimes thought of to be a vital mechanism for achieving development gains, strengthening native answerability, and empowering voters. Promoting national participation in governance has been thought to be crucial for promoting and sustaining democracy and development from the grassroots (Mindzie 2015). The right to participation is the “the right of rights” the basic right of people to have a say in how decisions that affect their lives are made. All legally binding international human rights treaties acknowledge the essential role of participation in realizing basic human rights. Participation of people and teams in matters that have an effect on them is crucial to the protection of all human rights. Democracy and human rights are two fundamental ingredients of effective citizen participation in democratic governance (Halabi 2009). Citizen participation can be both a goal of and a means to effective decentralization. It is a goal, when decentralization creates opportunities for participation by bringing government closer to the people. It is in this context that we argue that participation by the EAC citizens would ceteris paribus pave the way for institutionalization and consolidation of easfricanness, eastafricanization, democratization, and integration. In that case interaction of the citizens and the state is expected to increase when there is proximity to government institutions. By participation, it is argued that citizens cultivate ownership of the policy decisions undertaken and thus increases their willingness to pay for services hence there are higher chances of cost recovery.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

128

Aaron Ayeta Mulyanyuma

The involvement of the marginalized and the poor people in decision-making promotes pro-poor policies that are likely to enhance their welfare. Quality of service is likely to be a result of citizens input and feedback on the standards of services expected (Rugo 2013). Citizen participation in decision-making can be determined by the willingness of government offcials to provide a good policy platform. It is important to note that policy decisions are not made in a linear and organized manner. For the public to feel that their decisions are valued, government must incorporate into the larger culture of decision-making policy proposals generated by citizen. Citizen participation cannot exist merely as a series of singular events where only the loudest voice is heard, but an inclusive mechanism should be embraced by government to cover the whole community. Citizen participation in decision-making is a gesture of democracy and good governance. When systems are accessible, the public has knowledge about where to go to participate, and how to participate. Citizen participation is also made possible if the policy framework clearly defnes policy processes and the different interests fnd room in political arena. In democratic governance, the will of the people is respected and it is therefore incumbent upon governments to ensure that the public is aware of the constitutional rights and obligations (Shaffer 2018). Many theories on local governance demonstrate big achievements that range from efforts of improving effciency and effectiveness in the local level service delivery to enormous participation and democratization. The New Public Management approach, with a business customer service model, and the New Governance models, has had observable impacts on the local governments. Both local and central governments have been characterized by attempts to slow down government’s growth in terms of overt public spending and staffng; shift toward privatization, quasi-privatization, and away from core government institutions; renewed emphasis on “subsidiary” in service provision development of automation; and adopting a more international agenda on decision styles and intergovernmental cooperation. Participatory approaches in governance and democratization through massive local pluralist elections and approaches toward local economic development are claims behind the current nature of developing countries’ local politics. It should be noted citizen participation hardly infuence local economic development in Uganda (Fukhrul 2015). EAC INTEGRATION The history of regional integration can be traced from the 1945 after World War II. In pursued of peace and need to prevent further world war, the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Uganda Citizens’ Sovereignty, Popular Participation

129

establishment of the European Economic Community became eminent to integrate France and Germany’s economies to the point that they would fnd it impossible to go to war with each other. Political reasons based on the need for identify and self-dependence “Pan Africanism” led to the establishment of the Organization of Africa Unity (OAU) which then transformed into the Africa Union (AU). Economic reasons based on the premise of comparative advantages and economies of scale have resulted in countries establishing regional trade agreement within regions to facilitate and ease trade among them. Give the small size of the economies and the need to fast-track economic growth and development in Africa, the AU has established referred to eight Regional Economic Communities (RECs). Economic development analysts have proposed that because of the forces of globalization, African countries (just as most developing countries) have little choice but to integrate into global markets, or risk being further marginalized. The suggested approach is to integrate regionally so as to facilitate wider integration into the global economy so as to gain access to greater fows of trade, fnance, technology, and ideas for economic growth and human welfare. Continental integration has enormous potential for promoting growth and unleashing the development potential of African countries by easing the binding constraints to growth (such as poor transport networks) and by lowering direct and indirect costs of doing business (Atsiaya 2014). Regional integration is an attempt by states in a common defned region to cooperate and address issues of political, economic, social, security, and cultural nature in order to enhance the development of Partner States. Regional integration requires strengthening the capacity of Partner States to fulfll their core functions. The EAC was established to address the weak economies inherited by the East African countries after colonialism (Marinov 2014). Regional integration include elements such as common markets, free trade areas (FTAs), and harmonization policies meant to guide the federation. Regional integration is a where countries come together with a common objective to address socioeconomic and political challenges among member states. The major objective of regional integration is to overcome barriers such as political, physical, economic, and social barriers. It has been noted that the state becomes critical institution to the initiate the process, track progress, and report success or failure of integration processes on issues agreed up among member states in the federation (Jiboku 2015). Bünder (2018) contends that Kenya, Tanzania, and Uganda founded a Customs Union in 2004 and apply a Common External Tariff on imports to the region. However, the Common External Tariff has been increasingly destabilized by countries using unilateral exemptions on a wide range of strongly traded goods. This unstable situation undermines growth and progress of regional integration and creates an uneven playing feld for business.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

130

Aaron Ayeta Mulyanyuma

Governments look out for organized business groups and other vested interests. Institutions are susceptible to special interests, and personal networks play an important role for the outcome of policies. Kenya especially has a well-organized manufacturing sector that manages to align its interests with decision-makers in government. Yet, the preferences of large and wellconnected industries are accounted for in the tariff negotiation positions of all countries. Likewise, all governments seem to be interested to keep average agricultural tariffs high to protect a large rural electorate despite repeated derogations for particular sectors like rice or sugar. Vested interests of government representatives also refect in tariff fuctuations. Citizen participation in regional integration becomes an eminent factor in advancing democratic rule and good governance among member states. Democratic rule and good governance manifest in terms of decisions reached by Partner States as a response to citizen needs and aspirations. Member states in the integration respond to global challenges through defned institutions in the integration like: national parliaments and, regional established institutions as defned in protocols to strengthen citizen sovereignty (Fukuyama 2014). Where the citizens perceive a threat to their interests and the interests of the state, they would have power to be consulted or through their elected leaders seek clarity on matters of national and regional concern. Where regionalism blocks the ability of a state to act independently and in so doing blocks the ability of the state to respond to the needs of the people they are directly responsible to, it erodes the interest of the respective communities in the greater regional cause. With respect to the above discussion, economic integration without political will does not seem to have much hope at creating a sustainable system that would allow citizens to comfortably relocate their trust. This may be a contributing factor as to why states retract support for regional initiatives in times of crisis or instability (Salami 2012). Regional integration arrangements between low- and high-income countries can generate signifcant economic gains from increased market access, for much the same reasons as the wider process of globalization. But as in this wider process, agreements between countries of different weight may result in unbalanced outcomes, such as, a more limited space for national development policies in lower-income countries, or diffculties of economic adjustment that lead to job losses without resources to compensate those adversely affected. Governments enter into regional trade agreements to beneft from policies that promote citizen welfare. Governments participating in regional trade negotiate among themselves address issues relating to adjustment of tariffs in the face of terms of trade shocks and confscation of foreign investment. This is done to fulfll two necessary conditions for a regional trade agreement to serve as a commitment mechanism. The frst is that the beneft

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Uganda Citizens’ Sovereignty, Popular Participation

131

of continued membership is greater than the immediate gains of exit and the value of returning to alternative policies (Heinonen 2006). The potential to foster fnancial integration and the overall benefts that come with it based on this new African sovereignty has been apparent in regional communities such as COMESA, SADC, and EAC. It is recognized that the future success of Africa’s Integration project depends on how other regional arrangements within the continent apply these legal principles and mechanisms in proportion to their stage of integration by drawing inspiration from other successful application examples within Africa. There is no doubt that the European Union (EU) integration regime has inspired the African continent to replicate this success. Unfortunately, the African RECs have so far failed to translate the adoption of this agenda to meaningful economic integration within them. In fact, achieving the most basic forms of economic integration has been challenging. In the thick of these challenges therefore, it is immature to think that given the status quo on the ground in Africa, adopting a new fnancial regulatory framework modeled from the EU example in the short and medium term would be successful (Melo and Tsikata 2014). Regional integration is a vital instrument for countries that have smaller economies and in want of high foreign investment and trade around their region. If economically larger countries get involved in the highest level of integration, it makes them less sturdy due to the concept of “shared wealth.” Member countries at a lower stage of economic development tend to cause those that are economically more developed and better performer to lag behind other international competitors in the world trade. A case in point is the largest economic performer in EU, Germany; high integration implies her likelihood to become the leader of the world can be destructed. Conversely, for the lower level of economic integration (such as free trade area or the Customs Union) as is that the case in Africa, some relatively well-developed countries will be the benefciary at the expense of others within the region as a result of they sell principally industrial product (Alemneh 2017). Regional economic integration in East Africa is not of a newly born baby’s age. It is older than the postcolonial East African sovereign states that form the EAC. The formal integration has its roots from the British colonial times 1901 particularly with the construction of the Uganda Railway from 1896 to 1929. This was an early relationship between Kenya and Uganda which were under the British colonial power. Then Tanganyika was a German colony. Tanganyika joined the two other countries immediately after World War I when she was transferred to British administration under the League of Nations mandate following the defeat of Germany in that war. This integration was developed to a postal union and ultimately to a customs union level. It worked under various institutions such as East African Currency Board (EACB), the Court of Appeal of East Africa (CAEA), the East African

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

132

Aaron Ayeta Mulyanyuma

Meteorological Department (EAMD), and the East African Posts and Telegraphs (EAPT) department serving on interterritorial basis. The Common Market Protocol encompasses four freedoms and two rights. The freedoms include free movement of goods, services, capital persons, and workers, as well as right of establishment and residence. While enjoying these freedoms and rights, people want to see their rights being protected and guaranteed. Unfortunately, that is not the case. It is argued that, the realm of human rights jurisprudence within the EAC legal framework is one more vast divergence from the principle of “people targeted community.” This is partly due to the fact that folks in EAC cannot directly fle applications regarding human rights violation within the East African Court of Justice (Protas and Romward 2018). Mdachi (2014) argues that people-centeredness has the potential to not only ensure continued popular support to the regional integration project but also to contribute to the conditions necessary for the integration arrangement to remain sustainable. It is not the only condition, but it is a necessary one because politics alone will not ensure the success of integration. This does not mean that political leadership must be proactive. However, political leadership needs to be there to only ensure direction and to foster support to the integration process. On the other hand, the absence of a people-centered element is likely to make the integration moribund in the longer term. Thus, although people-centeredness has not been adequately incorporated into the integration process; there is still room for reorganization and expansion of the mechanisms for popular involvement in the integration processes. The EAC II needs to realign itself accordingly, to make the long-term investments already put into the integration process a reality for the current and future generations of East Africans. Regional economic integration in Africa has a long history and many trading blocs SADAC, ECOWAS, and EAC with the aim of promoting trade, widening the market, reducing high trading costs, improving transport facilities to reap the potential benefts of economic integration. The United States presents an ideal example of economic integration in the world as largest economy with ffty states including Alaska and Hawaii benefting from a common currency and a perfect labor and capital mobility. However, in Africa challenges including overlapping memberships due to the multiplicity of its economic communities, poor transport infrastructure, the smallness of the African countries, cultural differences, historical and ideological disorientation, lack of complementary economic linkages, competition between each other in the world market for the same agricultural products and a common language among the Partner States are the major hindrances to effective economic integration (Ombeni 2015). Africa in particular has embraced economic integration to exert infuence in a “multipolar world,” the pooling of resources to form one powerful economy

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Uganda Citizens’ Sovereignty, Popular Participation

133

and avoid fragmentation of economies will make it more competitive globally. African countries suffer from geographically small size and production of similar agricultural products such as coffee, cotton, cocoa, tea that typically limit their potential to compete at global level. Regional integration presents a chance for African economies to beneft from the economic cooperation and regional integration particularly among adjacent states (Atsiaya 2014). The African paradigm is that of linear market integration, following stepwise integration of products, labor and capital markets, and eventually fnancial and fnancial integration. The method of economic integration is thought to be the trail that’s followed between decreasing levels of economic discrimination among countries. There are many kinds of economic integration. They involve completely different degrees of discrimination between partner countries and between them and third parties (Bolanos 2016). Preferential Trade Agreements (PTA) is that the frst stage; these square measure arrangements through that member countries receive reductions in tariffs or discriminatory treatment within quantitative restrictions on their trade with alternative member countries while maintaining their traditional level of trade restrictions against third parties. This kind of arrangement oftentimes applies solely to a bunch of product and is unilaterally granted. The Common Market for eastern associated Southern Africa is an example of a PTA. The second stage is that the FTAs here member countries eliminate trade barriers among themselves whereas maintaining their individual national barriers against third countries (Mattoo, Mulabdic, and Ruta 2016). Over the last 100 years, the East African region has experienced various attempts at regional integration. The initial attempt at cooperation occurred between 1897 and 1901 during the construction of the Uganda–Kenya railway. The second attempt at cooperation occurred between 1900 and 1914 and resulted into formation of a taxation collection center, a currency board, court of appeal, and a governor’s conference. Further Integration attempts occurred during the period 1940–1966 and included collaboration through an income tax board, an economic council, an East African high commission and common services. Partner States in regional arrangements collectively negotiate and agree on policies that set out the behavior, relationship, and expectations, (1) between the member states and (2) with countries outside the integration arrangement. Scholars often agree on the need for Partner States to adhere to collectively agreed protocols but differ on the defnition and conceptualization of the process by which states are required to adhere to these policies. This often leads to confusion in the analysis of regional policy implementation (Bagabo 2012). In 1967 the EAC emerged as the exemplar of successful postcolonial regional integration, through the signing of the Treaty. But in 1977 the Community was dissolved partly because of the decision-making diffculties

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

134

Aaron Ayeta Mulyanyuma

which were rooted in ideological and political divergences between the leaderships of Partner States, and partly because decision-making did not involve multilevel consensus as is the current practice. Despite this experience, however, the EAC was revived during the 1990s. Part of its success is attributed to the EAC’s decision-making processes and procedures which are multilevel and consensual as opposed to pre-1977 decisions which were concentrated in the Summit of Heads of States with limited engagement of lower-level technical and policy expertise. As a safeguard to maintain consensual decision-making, EAC Partner States signed and ratifed a Protocol on decision-making in 2001. The Protocol lays emphasis on consensus as provided for under Articles 12 and 15 of the Treaty (Rwengabo 2017). The 1967 Treaty that established the EAC enabled the three countries to control and administer certain matters of common interest and to regulate the commercial and industrial transactions between them. Through the common legislature, the three countries were able to enact laws that were relevant and governed the EAC affairs (Kipruto 2010). Uganda’s major foreign policy preoccupation during the early postindependence period was with its neighbors. The most important have been Kenya and Tanzania, with whom it has been joined in various common market arrangements as well as in abortive attempts to form a political or economic federation. In 1967, it became one of the founding members of the EAC, which provided common services and various joint political and economic arrangements for the three states (Gitelson 1977). The EAC currently includes Burundi, Kenya, Rwanda, Tanzania, south Sudan, and Uganda. The need for policy reforms was paramount to address a shared vision among member states in terms of creation interlinking infrastructure network deemed necessary to the promotion of regional integration. The EAC has established a Customs Union and a Common Market and has begun to discuss protocols of a monetary union. EAC member countries are also working extremely had to harmonize issues relating to monetary and exchange rate policies, payment and settlement systems, fnancial sector supervision, fscal policies, coordination and harmonization of statistics, and regionalization of the fnancial sector in order to create a single fnancial market (Davoodi 2012). The 1999 EAC Treaty is built on the basis of being a people-centered, without establishing the modalities of citizenry participation. Indeed, the term “citizens” rarely appears in the 129-page document. Stakeholders’ participation is mentioned in relation to the private sector and organized civil society. Article 127 (1b) of the Treaty states that “the Partner States agree to provide opportunities for entrepreneurs to participate actively in improving the policies and activities of the institutions of the Community that affect them.”

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Uganda Citizens’ Sovereignty, Popular Participation

135

A people-centered integration is the only antidote against the possible eventual collapse of the second EAC for the same basic underlying reasons that led to the collapse, in 1977, of the frst EAC (Feza, Kasombo, and Mkumbo 2013). The failure to attain a complete political federation is attributed to the inability of the EAC Secretariat to effectively push member states to comply with agreements. The study also revealed the choice of integration strategy is not a major strategy of big part of the EAC’s integration problems, but the EAC’s target of having a full-fedged political federation within a particular short timeframe is causing substantial challenges to regional member states. The neofunctionalism theory is intended to transform regional bodies into full-fedged political federation but in Africa, the EAC has so far failed to attain the expected political and economic dream. Economic integration is a prerequisite for a full-fedged and functional political federation, but it is at this stage where the EAC is currently struggling to achieve. Because the EAC is a people-centered market-driven organization, integration through intergovernmentalism is absolutely out of the question. It has been noted that to achieve total EAC political federation, a perfect balance between functional and political spillover should be maintained by winning the political wills of the member states (Hamad 2016). The legal challenges in the realization of free movement of capital under EAC common market but with much focus on Rwanda as a case study. The study fndings revealed that Rwanda has laws like lacks effective institutions for monitoring the implementation of the Common Market Protocol and confict management that relate to the Common Market Protocol. The legal challenges are a major impediment to the attainment of the free movement of capital under EAC. It is recommended that governments should institute strong monitoring mechanisms to ensure effective the implementation of the Common Market Protocol. The applicability of the community law within Partner States should be the responsibility of governments of EAC countries (Mwenedata and Bangayandusha 2016). The EAC has demonstrated profound political and economic achievements amid diffculties in realizing a full-fedged regional federation. This study highlights major impediments that have curtailed the achievement of EAC political federation and these include lack of political will on the part of the political leaders who continue to negate the acceleration of integration, particularly political federation; there is reluctance among the member states to institutionalize the emerging consensus on democratic and normative principles emerging in the region and lack of a clear link between the functions and operations of EALA and the National Assemblies of Partner States. The idea is not for the National Assemblies to usurp the powers of the EALA but

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

136

Aaron Ayeta Mulyanyuma

that this EAC-National Assemblies nexus has failed to provide avenues for cascading information to the electorates. Currently, mistrust and uneasiness exist between the national and regional legislative bodies (Adar 2008). The EALA is best placed to remedy the situation by passing an Act of the Community that specifcally empowers the people of the EAC that is, instituting legislation that provides for universal suffrage. More specifcally, the EALA as the legislative organ of the EAC has the institutional right to enact laws that would, through popular participation, pave the way for eastafricanness, eastafricanization, and democratization. The EAC’s Common Market Protocol was adopted and signed on November 20, 2009, by Heads of State under Articles 76 and 104 of the Treaty, provides freedoms and rights that include free movement of goods; free movement of capital; free movement of services; free movement of labor; and free movement of Persons and the Right to establish a residence. The Protocol provides for establishment of a single market where factors of production move freely. However, it has been noted that EAC has not yet taken full advantage of the freedoms and rights embedded in the Protocol and in this regard, the unexploited potential of the region remains (Gastorn and Masinde 2017). Ugandan citizen participation in this particular protocol seems too peripherized and institutions charged with ensuring that citizens fully beneft from these particular articles still lack capacity to implement the provisions in the Treaty. There are enormous claims by arrests of Ugandan citizens in Kenya that go not reported and no follow-ups by Ugandan High Commission in Kenya and generally the Ugandan government (Gaventa 2002). There limited mechanisms to implement the use of national identifcation systems as travel documents and defeats the relevancy of the Integration. The EAC labor market is also characterized with relatively high levels of neither labor force inactivity rates that are working, unemployed nor actively looking for work. Reaping the Benefts of Regional Labour Market Integration is still mythical for Ugandan citizens (Friedrich Ebert Stiftung Report 2012). The regional Integration Index of the United Nations Economic Commission for Africa (UNECA) reports that EAC is a successful federation among all RECs in Africa after obtaining the highest score. However, this assessment report revealed that gender inequality remained high across EAC Partner States, implying that the benefts of growth were not equally distributed among individuals in the federation. Women participation EAC has remained low due to socioeconomic and cultural impediments. The study recommended that for EAC citizens to beneft from the society, Partner States should draw lessons from successful regional integration cases around the world like the market-driven and private-sector-led model of the Association of Southeast Asian Nations (ASEAN) which could be suitable for EAC (United Nations Trade and Gender Report 2018).

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Uganda Citizens’ Sovereignty, Popular Participation

137

Copyright © 2020. Lexington Books. All rights reserved.

DEMOCRATIZATION PROCESS IN UGANDA Democracy has its history in ancient Greece all societies attempted to practise rule of law and good governance where people themselves held the reins of power. Citizen participation was in form of meetings which were open to all citizens and in such meetings, decisions concerning the laws, rights, and duties of both citizens and slaves were made. As a sign democracy, decisions which had the majority support were considered (Fleck and Hanssen 2017). Democratization emerged in 1990s in most developing democracies as a response to contradictions in earlier modernization theories that held that democratization was only possible above a certain level of development. The consolidation of democratic regimes has proven more challenging in many developing economies. The Third Wave of democratization was aimed at opening up new opportunities for citizen participation in decision-making and policies that guide socioeconomic and political development. Democratization promotes greater accountability and transparency, adherence to the formal rules of the democratic game or the equality of all citizens before the law. Political parties which serve as the voices of the public through policy debates are weak links in democratic development in many countries and weak capacity and durability constitutes a major obstacle to the institutionalization of democracy (Rakner, Menocal, and Fritz 2007). Democratization progress can be achieved in Partner States in the integration if they adopt mechanisms of democracy protection. The rule of law and the democratic order are always threatened in various circumstances where democratization is not deeply entrenched in the country’s political system. The mechanisms for democratic protection are vital in guaranteeing the reestablishment of the respect of the rule of law and democracy in the states facing those threats. Democratization guarantee civilian the military threat becomes less likely if countries operated as a regional bloc. Political and economic challenges that had engulfed countries in the integration have been considered as belonging exclusively to the domestic realm, are now regarded as political crises requiring action by a regional organization (Closa, Palestini, and Castillo 2016). Uganda is one of the developing democracies in the sub-Saharan Africa and despite increasing demand for democracy early in the new millennium; recent trends clearly show a declining trend in democratic governance. The majority of Ugandans have expressed dissatisfaction in the way elections have been managed both at party and national levels. Ugandan citizens look lost politically and their attitudes toward democracy appear either fading or fuctuating with the national election cycle, with committed democrats occasionally rescinding (Booth et al. 2014).

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

138

Aaron Ayeta Mulyanyuma

Uganda’s political history has been characterized by social, political, and economic strife since independence in 1962. The National Resistance Movement (NRM) leadership took over power in 1986 promising a fundamental change in all spheres of development. The NRM political pledges in 1986 included public accountability, human rights observance and popular people’s participation in self-government. However, as time went by, these promises were peripherized and NRM continued to be associated with militarism that has manifested itself in continuing internal confict in parts of the country, a suspension of political party activity and increasing socioeconomic strife. It is imperative to note that the limited citizen participation in democratic process is a sign of bad governance (Oloka-Onyango 1992). Scholars like Girke et al. (2010) argue that it was in 2005 that Ugandans through a referendum, made the decision to be governed under a multiparty political system. Earlier attempts on multiparty governance had already been made at the onset of the country’s independence but were unsuccessful for a number of reasons. Uganda’s history refects how the practice of multiparty politics in the country hailed as the “Pear of Africa” was not all devoid of violence and exclusion, and of polls which did not meet the standards for free and fair elections and hence did not win the confdence of the citizens. Democratization process in Uganda is attributed to elements of citizen participation in decision-making in political, social, and economic spheres of life. The NRM leadership under President Museveni’s regime respects most of the accepted freedoms of a democratic society. However, the limited political space in the form of a one-party state and the ban on political party activity effected a greatly affected Uganda citizen participation in the democratization process (Furley 2000). It is no doubt that public demand for democracy and commitment to democratic principles of democracy has steadily grown over the last ten years in Uganda in Uganda. The current status on democratization in Uganda is still mythical and citizen expectations not yet met. There is a growing gap between citizen expectations and the delivery of democracy in practice in Uganda. A few of Ugandans still view their country as a democracy, yet many citizen are concerned with the state of democracy and electoral processes, the multiparty system, and weak checks and balances. Despite overall ratings that indicated a positive, the gap between Ugandans’ support for democratic institutions and practices and their rating of the actual extent of democracy and their satisfaction with it has increased in recent years (Byaruhanga 2013). A comparative study reveals divergent outcomes of the electoral results in many democracies. Electoral process is one of the tools to ensure citizen participation and decision-making as a sign of citizen sovereignty in any democracy, yet more recent studies highlight that elections may serve as a stabilizing tool, enabling incumbents to distribute patronage and co-opt

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Uganda Citizens’ Sovereignty, Popular Participation

139

the opposition or destabilize a country politically. The NRM government that took over power in 1986 has participated in several elections under multiparty politics. The referendum of 2005 gave opportunity to citizens to exercise their constitutional right to introduce multiparty politics in Uganda. However, through three electoral cycles (2006, 2011, and 2016) multiparty elections have stabilized the regime in the short-to-medium turn, in particular through very tight control of rural voters and manipulation of local government structures created and maintained in a “no-party” setting. The current political environment has led to erosion and decay as the NRM struggles with succession politics and the changing nature of the electorate. This has greatly affected citizen sovereignty to freely elect political leaders of their choice as their representatives (Kakuba 2010). Elections in most African countries are characterized by violence. However, Citizen’s Coalition for Electoral Democracy in Uganda that monitor the issues of electoral democracy in Uganda reported that in many by-elections monitored after 2011 elections, there was an overall improvement in the administration and management of elections. The Electoral Commission publicized the polling dates and integrated a hotline for electoral complaints to be directed during the by-elections. It was noted that challenges of voter registration such as missing names, photos, and instances of multiple registrations of voters, but the EC’s complaints center was able to address the challenges reported. It was also reported the increasing deployment of un-uniformed and unidentifed security personnel at polling stations. However, it is believed that if this practice continues, will affect citizen participation in the electoral process. It likely to draw anxiety from voters in subsequent elections and this might affect voter turn—up (Kawooya 2019).

Copyright © 2020. Lexington Books. All rights reserved.

CONCLUSION Uganda’s Citizen Sovereignty, Popular Participation, and the EAC Integration and Democratization remain a big dream. Citizen sovereignty as provided for in the Constitution benefts the political elites and bureaucrats. The notion of popular citizen participation is implemented selectively in the politics of Uganda among marginalized groups of people that have a slot in local and national political positions. Citizen popular participation in EAC is left to political leaders in Uganda but no connection of these groups in EAC integration. The role of EALA in EAC integration is highly politicized election of its members as Uganda’s representatives to this regional institution is dominated by NRM and other political parties in parliament. Citizen participation in the election of regional leaders is peripherized and the elites have taken the center stage. The citizens are far from reality on the benefts of

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

140

Aaron Ayeta Mulyanyuma

EAC and achievements made could be registered by default. The EAC integration remains a strategic institution to address socioeconomic and political impediments of Partner States but regional leaders should ensure that citizen sovereignty, democracy, and popular participation in the integration is promoted in order to achieve economic and political integration.

Copyright © 2020. Lexington Books. All rights reserved.

REFERENCES Adar, G. Korwa. 2008. Fast Tracking East African Political Federation: A View from Uganda. Retrieved from https​://ww​w.afr​icapo​rtal.​org/p​ublic​ation​s/fas​t-tra​cking​ -east​-afri​can-p​oliti​cal-f​edera​tion-​a-vie​w-fro​m-uga​nda/ (Accessed on 19/11/2019). Alemneh, D. Ayalew. 2017. Economic Integration in East Africa: The Case of Ethiopia and Kenya. Retrieved from Theses - ALL. 138. https://surface.syr.edu/ thesis/138 (Accessed on 14/11/2019). Atsiaya, M. M. Angela. 2014. Challenges Facing Economic Integration: A Case Study of East Africa Community (EAC) 2000–2012. Unpublished Research Project, University of Nairobi, Kenya. Bagabo, P. Wambi. 2012. Commitment to the East African Community Customs Union Protocol, 2004–2009. Unpublished PhD thesis for award of the Degree of Doctor of Philosophy University of Birmingham. University of Birmingham Research Archive. e-theses repository. Bainomugisha, Arthur and Rwengabo, Sabastiano. 2016. The Promise and Effcacy of the East African Community The Promise and Effcacy of the East African Community. ACODE Policy Briefng Paper Series No. 41, 2016. Retrieved from https​:// ww​w.aco​de-u.​org/F​iles/​Publi​catio​ns/PB​P_41_​EAC.p​df (Accessed on 15/11/2019). Bauböck, Rainer. 2007. Theories of Citizenship: Problems of Membership and Political Boundaries. Retrieved from https​://ww​w.eui​.eu/D​ocume​nts/D​epart​ments​Centr​ es/SP​S/Sem​inars​/Past​Semin​ars/R​ainer​Baubo​eck20​07win​terse​minar​.pdf (Accessed on 14/11/2019). Böhm, Birgit. 2016. Democracy 4.0: Citizen Participation Process. A German Case Study. Retrieved from http:​//www​.agre​e-eur​ope.d​e/ima​ges/E​xpert​enbei​traeg​e/Exp​ erten​beitr​ag_Bo​ehm_E​N.pdf​ (Accessed on 18/11/2019). Bolanos, B. Andrea. 2016. A Step Further in the Theory of Regional Integration: A Look at the Unasur’s Integration Strategy. Retrieved from https​://ha​lshs.​archi​ves-o​ uvert​es.fr​/hals​hs-01​31569​2/doc​ument​ (Accessed on 23/11/2019). Booth, David et al. 2007. East African Integration: How Can it Contribute to East African Development? Retrieved from https​://ww​w.odi​.org/​sites​/odi.​org.u​k/fl​es/ od​i-ass​ets/p​ublic​ation​s-opi​nion-​fles​/126.​pdf (Accessed on 23/11/2019). Booth, David, Cooksey, Brian, Golooba-Mutebi, Fredrick, and Kanyinga, Karuti. 2014. East African Prospects. An update on the political economy of Kenya, Rwanda, Tanzania and Uganda. Retrieved from https​://ww​w.odi​.org/​sites​/odi.​org. u​k/fl​es/od​i-ass​ets/p​ublic​ation​s-opi​nion-​fles​/8945​.pdf (Accessed on 19/11/2019). Bünder, Tobias. 2018. How Common Is the East African Community’s Common External Tariff Really? The Infuence of Interest Groups on the EAC’s Tariff

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Uganda Citizens’ Sovereignty, Popular Participation

141

Negotiations. Retrieved from Hertie School of Governance, Pettenkoferstraße 7, 10247 Berlin, Germany.journals (Accessed on 23/11/2019). Clifford, S., John, D., Nick, H., and Russell, L. 2015. “The Social Psychology of Citizenship, Participation and Social Exclusion: Introduction to the Special Thematic Section.” Journal of Social and Political Psychology 3, No. 2: 1–19. Closa, C., Palestini, S., and Castillo, P. 2016. Regional Organisations and Mechanisms for Democracy Protection in Latin America, the Caribbean, and the European Union. European University Institute. Retrieved from https://cadmus.eui.eu/ handle/1814/43086 (Accessed on 15/11/2019). Constitution of the Republic of Uganda 1995. Retrieved from https​://ul​ii.or​g/ug/​legis​ latio​n/con​solid​ated-​act/0​ (Accessed on 17/11/2019). Davoodi, R. Hamid, ed. 2012. The East African Community After 10 Years—Deepening Integration. Retrieved from https​://ww​w.imf​.org/​exter​nal/n​p/afr​/2012​/1217​ 12.pd​f (Accessed on 16/11/2019). Feza, A. Lwaitama, Kasombo, James, and Mkumbo, Kitila, eds. 2013. A Synthesis Research Report on the Participation of Citizens in the East African Community Integration Process. Retrieved from https​://li​brary​.fes.​de/pd​f-fl​es/bu​eros/​tanza​ nia/1​0173.​pdf (Accessed on 16/11/2019). Fleck, K. Robert and Hanssen, F. Andrew. 2017. Engineering the Rule of Law in Ancient Athens. Retrieved from https​://os​tromw​orksh​op.in​diana​.edu/​pdf/s​eries​ paper​s/201​7spr-​collo​q/han​ssen-​paper​.pdf (Accessed on 19/11/2019). Friedrich Ebert Stiftung Report. 2012. The East African Community Common Market Protocol for Movement of Labour. Achievements and Challenges of Implementation of the Protocol. Conference Report. http:​//www​.knqa​.go.k​e/wp-​ conte​nt/up​loads​/2019​/05/E​ast-A​Qfric​an-co​mon-m​arket​-prot​ocol.​pdf (Accessed on 15/11/2019). Fukhrul, Islam. 2015. New Public Management (NPM): A Dominating Paradigm in Public Sectors. Retrieved from https​://ww​w.res​earch​gate.​net/p​ublic​ation​/2894​ 94183​(Accessed on 23/11/2019). Fukuyama, Francis. 2014. Political Order and Political Decay. From the Industrial Revolution to the Globalization of Democracy. FARRAR, STRAUS, and GIROUX New York. Furley, Oliver. 2000. Democratisation in Uganda. Commonwealth & Comparative Politics 38, No. 3: 79–102. Gastorn, Kennedy and Masinde, Wanyama. 2017. The EAC Common Market. Edited by Emmanuel Ugirashebuja, John Eudes Ruhangisa, Tom Ottervanger, and Armin Cuyvers. Brill. Retrieved from https​://ww​w.jst​or.or​g/sta​ble/1​0.116​3/j.c​tt1w7​6vj2.​21. Gaventa, Johnahan. 2002. Legal and Policy Frameworks for Citizen Participation in Local Governance in East Africa: A Regional Report. LogoLink Research—Legal Frameworks for Citizen Participation East Africa Regional Report. Retrieved from http:​//sit​ereso​urces​.worl​dbank​.org/​INTPC​ENG/R​esour​ces/r​egion​al_re​port.​ pdf (Accessed on 23/11/2019). Girke, P., Kiranda, Y., Kamp, M., Mayiga, J., Bosco, J., and Olum, Yasin. 2010. The State of Political Pluralism and Democracy at Local Government Level in Uganda. A Report from an Assessment of Seven Districts. Konrad-Adenauer-Stiftung, Kampala.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

142

Aaron Ayeta Mulyanyuma

Gitelson, A. Suzan. 1977. “Major Shifts in Recent Ugandan Foreign Policy.” African Affairs 76, No. 304: 359–380. Halabi, S. Foster. 2009. Critical Concepts Participation and the Right to Health : Lessons from Indonesia. Health and Human Rights 11/1. Retrieved from https​://ww​ w.hhr​journ​al.or​g/201​3/09/​parti​cipat​ion-a​nd-th​e-rig​ht-to​-heal​th-le​ssons​-from​-indo​ nesia​/ (Accessed on 19/11/2019). Hamad, B. Hamad. 2016. Neo-Functionalism: Relevancy for East African Community Political Integration? Retrieved from http:​//www​.jpan​afric​an.or​g/doc​s/vol​ 9no7/​9.7-8​-Hama​d.pdf​ (Accessed on 19/11/2019). Heinonen, Hannu. 2006. Regional Integration and the State: The Changing Nature of Sovereignty in Southern Africa and Europe. Retrieved from https​://he​lda.h​ elsin​ki.f​/bits​tream​/hand​le/10​138/2​1770/​regio​nal.p​df?se​quenc​e=2 (Accessed on 19/11/2019). Hernandez-Truyol, E. Bert. 2005. “Globalized Citizenship: Sovereignty, Security and Soul.” Villanova Law Review 50: 1008–1062. Jaakkola, Jenni. 2015. Essays on the Decision-Making in Representative Democracy. Publications of Turku School of Economics, Series A. Suomen yliopistopaino Oy—Juvenes Print, Turku 2015. Jaime, de Melo and Tsikata, Yvonne. 2014. Regional Integration in Africa. Challenges and Prospects. World Institute for Development Economics Research. WIDER Working Paper 2014/037. United Nations University UNU-WIDER. Retrieved from https​://ww​w.wid​er.un​u.edu​/site​s/def​ault/​fles​/wp20​14-03​7.pdf​ (Accessed on 22/11/2019). Jiboku, A. Peace. 2015. “The Challenge of Regional Economic Integration in Africa: Theory and Reality.” Africa’s Public Service Delivery & Performance Review 3, No. 4: 5–28. Kakuba, S. Juma. 2010. “Multiparty Politics Dynamics in Uganda.” African Journal of Political Science and International Relations 4, No. 3: 109–114. Kawooya, Fredrick. 2019. Proposed Electoral Reforms Insuffcient for Credible Elections in Uganda. Retrieved from https​://ww​w.mon​itor.​co.ug​/OpEd​/Comm​entar​ y/Pro​posed​-elec​toral​-refo​rms-i​nsuff​i cien​t-ele​ction​s-Uga​nda/6​89364​-5280​016-p​ ty4gy​z/ind​ex.ht​ml (Accessed on 22/11/2019). Kilberg, G. I. Andrew. 2014. We the People: The Original Meaning of Popular Sovereignty. Retrieved from http:​//www​.virg​inial​awrev​iew.o​rg/vo​lumes​/cont​ent/w​e-peo​ ple-o​rigin​al-me​aning​-popu​lar-s​overe​ignty​ (Accessed on 19/11/2019). Kipruto, K. Joseph. 2010. Challenges and Prospects of East African Community Regional Integration Process (2001–2009). Unpublished Masters thesis Institute of Diplomacy and International Studies, University of Nairobi, Kanya. Kymlicka, Will. 2002. Contemporary Political Philosophy, Second Edition, Chapter 7: Citizenship Theory, 284–326. Oxford University Press. Marinov, Eduard. 2014. Economic Integration Theories and the Developing Countries. Published in: Infusing Research and Knowledge in South-East Europe, edited by R. Dautov, P. Gkasis, A. Karamanos, T. Lagkas, A. Prodromidou, and A. Ypsilanti. No. ISBN 978-960-9416-07-8 (September 2014), 164–177. Mattoo, Aaditya, Mulabdic, Alen, and Ruta, Michele. 2016. Trade Creation and Trade Diversion in Deep Agreements. Retrieved from http:​//pub​docs.​world​bank.​

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Uganda Citizens’ Sovereignty, Popular Participation

143

org/e​n/328​49155​95915​17896​/Trad​e-Cre​ation​-anf-​Trade​-Dive​rsion​.pdf (Accessed on 23/11/2019). Mdachi, M. Louise. 2014. Regional Integration and People-Centeredness; An Assessment of the Mechanisms for Popular Involvement in the Decision-Making of the East African Community. CUNY Academic Works. http:​//aca​demic​works​.cuny​ .edu/​cc_et​ds_th​eses/​299. Mindzie, A. Mireille. 2015. Citizen Participation and the Promotion of Democratic Governance in Africa. Retrieved from https​://ec​dpm.o​rg/gr​eat-i​nsigh​ts/ri​ sing-​voice​s-afr​ica/c​itize​n-par​ticip​ation​-prom​otion​-demo​crati​c-gov​ernan​ce-af​rica/​ (Accessed on 22/11/2019). Mwenedata, Alfred and Bangayandusha, Viateur. 2016. “Legal Challenges to the Implementation of East African Community (EAC) Common Market Protocol Case of Free Movement of Capital in Rwanda.” IOSR Journal of Humanities and Social Science (IOSR-JHSS) 21, No. 7: 35–55. Oloka-Onyango, Joe. 1992. “Governance, Democracy and Development in Uganda Today: A Socio-Legal Examination.” African Study Monographs 13, No. 2: 91–109. Ombeni, N. Mwasha. 2015. The Benefts of Regional Economic Integration for Developing Countries in Africa: A Case of East African Community (EAC). Retrieved from https​://gs​is.ko​rea.a​c.kr/​wp-co​ntent​/uplo​ads/2​015/0​4/11-​1-05-​ Omben​i-N.-​Mwash​a.pdf​ (Accessed on 16/11/2019). Oppong, R. Frimpong. 2009. Relational Issues of Law and Economic Integration in Africa. Perspectives from Constitutional, Public and Private International Law. Unpublished PhD thesis in Philosophy, the University of British Colombia (Vancouver). Retrieved from https​://co​re.ac​.uk/d​ownlo​ad/pd​f/681​24.pd​f (Accessed on 19/11/2019). Pocock, J. G. A. 1992. The Ideal of Citizenship since Classical Times, reprinted in Ronald Beiner: Theorizing Citizenship, 1995, 29–52. State University of New York Press. Protas, Petro and Romward, Theophil. 2018. Refections on ‘People Centered Principle’ in the East African Community: The Current Legal Controversy. Retrieved from http:​//jou​rnals​.udsm​.ac.t​z/ind​ex.ph​p/eal​r/art​icle/​downl​oad/1​705/1​ 583 (Accessed on 19/11/2019). Rakner, L., Menocal, R. Alina, and Fritz, V. 2007. Democratization’s Third Wave and the Challenges of Democratic Deepening: Assessing International Democracy Assistance and Lessons Learned. Retrieved from https​://ww​w.odi​.org/​publi​catio​ ns/20​1-dem​ocrat​isati​ons-t​hird-​wave-​and-c​halle​nges-​democ​ratic​-deep​ening​-asse​ ssing​-inte​rnati​onal-​democ​racy (Accessed on 19/11/2019). Rugo, A. Muriu. 2013. Decentralization, Citizen Participation and Local Public Service Delivery: A Study on the Nature and Infuence of Citizen Participation on Decentralized Service Delivery in Kenya, Schriftenreihe für Public und Nonproft Management, No. 17, Universitätsverlag Potsdam, Potsdam, Retrieved from http:​ //nbn​-reso​lving​.de/u​rn:nb​n:de:​kobv:​517-o​pus-6​5085 (Accessed on 23/11/2019). Salami, Iwa. 2012. African Economic Integration and Legal Challenges. GREAT Insights 1 No. 1. Retrieved from https​://ec​dpm.o​rg/gr​eat-i​nsigh​ts/bo​ostin​g-int​ ra-af​rican​-trad​e/afr​ican-​econo​mic-i​ntegr​ation​-lega​l-cha​lleng​es/ (Accessed on 23/11/2019).

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

144

Aaron Ayeta Mulyanyuma

Copyright © 2020. Lexington Books. All rights reserved.

Shaffer, Linda. 2018. Public Participation-World Bank Group. Promoting Active Citizenry—Advocacy and Participation in Decision Making. Retrieved from http:​//sit​ ereso​urces​.worl​dbank​.org/​INTRA​NETEN​VIRON​MENT/​Resou​rces/​Guida​nceNo​ teonA​dvoca​cyand​Decis​ionMa​king.​pdf (Accessed on 16/11/2019). Stumbraitė-vilkišienė, Edita. 2011. Citizen Participation in the Local Public Service Provision and Quality Improvement. Mykolas Romeris University Lithuania. Retrieved from http:​//www​.umdc​ipe.o​rg/co​nfere​nces/​Mosco​w/pap​ers/C​itize​n_Par​ ticip​ation​_in_t​he_Lo​cal_P​ublic​_Serv​ice_P​rovis​ion_a​nd_Qu​ality​_Impr​oveme​nt.pd​ f (Accessed on 17/11/2019). Tate, C. Neal., ed. 2006. Governments of the World. A Global Guide to Citizens’ Rights and Responsibilities. Popular Sovereignty to Zimbabwe. Macmillan Reference USA.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Part II

EAC CITIZENS’ SOVEREIGNTY, NATIONAL CONSTITUTIONS, AND EAST AFRICAN COMMUNITY TREATY NEXUS

Copyright © 2020. Lexington Books. All rights reserved.

LEGAL DIMENSIONS

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 8

Burundian Citizens’ Sovereignty, National Constitution, and the EAC Treaty Nexus François Xavier Senene

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTORY BACKGROUND The constitutional history of Burundi begins before independence. On November 23, 1961, the King Mwambutsa IV proclaimed the Constitution of the Kingdom of Burundi. A defnitive Constitution of the Kingdom was proclaimed on October 16, 1962, with retroactive entry into force on July 1, 1962. After the overthrow of the monarchy and the proclamation of the Republic on November 28, 1966, Burundi repeatedly faced a period of constitutional vacuum, especially after the various coups that mark its political history. From the Constitution of July 11, 1974, all power was focused on the single party. The political regime was authoritarian. General Michel Micombero was overthrown on November 28, 1976, following a military coup orchestrated by Colonel Jean-Baptiste Bagaza. One of the consultative bodies that had been set up in the Constitution allowed Bagaza to take power without bloodshed: the Supreme Council of the Revolution (composed by soldiers). As early as 1979, the power returned to the hands of the Central Committee of the single party, Union for National Progress (UPRONA). The 1981 Constitution rested all its power again at the hand of that party state. At that time, the legislative power appeared only as a mere chamber of resonance or registration. On October 3, 1987, Colonel Bagaza was overthrown in a bloodless coup by Major Buyoya. A military committee called “for the National Salvation” composed of offcers, of which Major Buyoya was the head, took power. Later, in 1990, power was handed over to the UPRONA Central Committee. 147

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

148

François Xavier Senene

Copyright © 2020. Lexington Books. All rights reserved.

In March 1992, following a popular referendum, a new Constitution was adopted: the Constitution of 1992. It introduced multiparty politics and democracy. The signifcance was that alongside the UPRONA Party, other political parties could now exist but also, that the Burundian citizen would participate in the future in the choice of its representatives at various levels of state institutions. In June 1993, elections were organized by direct universal suffrage from which, for the frst time in history of Burundi, a president (Ndadaye Melchior) was elected democratically. Even though there was a prime minister, it was more a presidential system. Unfortunately, the power from the democratic elections did not last long. On October 21, 1993, a council called “Public Safety” composed of military and political members took power through a bloody coup after the assassination of President Ndadaye Melchior. With him were assassinated almost all members of his government. That coup marked the beginning of a long civil war that lasted more than ten years. During the civil war, the Constitution in force was violated several times and many coups occurred. The next Constitution of Burundi was adopted by referendum on February 28, 2005, and promulgated on March 18, 2005. Inspired by Arusha Accords, the Burundian Constitution of 2005 is specifc, because for the frst time in the history of Burundi, the sharing of the power between the different ethnic groups is established. In its preamble, the 2005 Constitution reaffrms “our unwavering commitment to ending the root causes of the continuing state of ethnic and political violence, genocide and exclusion, bloodshed, insecurity and political instability, which plunged the people into distress and suffering and seriously jeopardizing the prospect for economic development and the achievement of equality and social justice in our country.” To achieve this result, the 2005 Constitution considers that the following four constitutional and legal principles must be guaranteed: 1. The establishment and implementation of a system of democratic governance; 2. The inclusion of minority political parties in the general system of good governance; 3. The protection and inclusion of ethnic, cultural, and religious minority groups in the overall system of good governance; 4. The restructuring of the national security and justice system to ensure the security of all Burundians, including ethnic minorities. The new and current Constitution was promulgated by President Pierre Nkurunziza on June 7, 2018, after it was adopted by Burundians by referendum which took place on May 17, 2018. This new mother law provides for the creation of a post of prime minister (Constitution of Burundi 2018, Article 93),

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Burundian Citizens’ Sovereignty, National Constitution

149

the transition from a fve-year term to a seven-year term (Constitution of Burundi 2018, Article 97), the term of offce will only be consecutive and the threshold of adoption of the laws would be two-thirds by absolute majority. Finally, the text also provides for the possibility of restoring the monarchy (Constitution of Burundi 2018, Article 4). Among the most important novelties of the new Constitution, one can also retain the changes related to the composition of the government. Under the previous system, all parties that had received at least 5 percent of the vote in the legislature were entitled to at least one ministerial post. In the current Constitution, the only criterion is to have a majority in parliament (Constitution of Burundi, Article 174). The Constitution maintains the quota system introduced by Arusha: 60 percent of Hutus and 40 percent of Tutsis in the government and in the National Assembly; 50/50 in the Senate and in the defense and security corps (Constitution of Burundi 2018, Article 169). The Constitution also provides that, within fve years, the Senate will have to decide on the end or extension of the quota system introduced (Constitution of Burundi, Article 289). This is the frst time that this possibility has been opened and it may be due to the positive evolution and social cohesion in the Republic of Burundi. Regarding the legislative branch, the current Constitution of Republic of Burundi was amended to comply with the six-state (Kenya, Tanzania, Uganda, Burundi, Rwanda, and South Sudan) Treaty of the East African Community (EAC). That change concerns the principle of absolute majority vote (50 percent +1), except for organic laws, resolutions, decisions, and important recommendations where a three-ffths majority is proposed. Burundi recognizes all the principles of democracy and the country is declared sovereign by the Constitution in force (Constitution of Burundi 2018, Article 1). Among other novelties of the current Constitution, it is fair to notice that the adhesion of Burundi in the EAC is now constitutional. Burundi is a full member of EAC from July 2007, a subregional community today made up of six countries, namely Burundi, Rwanda, South Soudan, Kenya, Uganda, and Tanzania. Burundi offcially joined the Treaty establishing the community on June 18, 2007. Thus, Burundi’s accession to EAC came after the 2005 Constitution. That why there was no reference to the community in that mother law. In the current Constitution, Burundi’s membership of EAC is real. Indeed, we already fnd in the preamble of the June 2018 Constitution that the Burundian people “affrm Burundi’s commitment to the respect of the Treaty establishing the East African Community (EAC).” Today, Burundi is therefore, constitutionally speaking, linked to EAC. It must be aligned with projects and programs of the community. For example, in the old Constitution, the National Assembly and the Senate meet in three ordinary sessions a year (the frst in February, the second in June, and the third in October (Constitution of Burundi 2005, Articles 174, 185). With the new Constitution,

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

150

François Xavier Senene

the frst session is in August, the second in December, and the third in April (Constitution of Burundi 2018, Articles 179, 190). Further, while the National Assembly is seized of the fnance law in its October session according to the 2005 Constitution, with the 2018 Constitution it is at its April session (Constitution of Burundi 2018, Article 181). Thus, the budget year begins on July 1, and ends on June 30 of the following year (Constitution of Burundi 2018: Article 182). Under the old Constitution, the fscal year began automatically on January 1 and ended on December 31. The aim of this work is to analyze the infuence on Burundian laws in general and the Burundian Constitution in particular, regarding the adhesion of the country in the EAC. Further analysis shall include the level of adaptation of the texts of law of Burundi to the Constitutional Acts and context of the EAC, the part of the Burundian population in formulating laws and legislative institutions of EAC, the level of application of the main principles of the creation of the EAC as well as the part of the EAC Court in the defense of ordinary Burundian citizens’ rights and interests. The chapter will be divided into three points: the frst point will be dedicated to the question of citizenship and sovereignty. The second point will be concerning the issues of the democratization of Burundi. In the third point, the chapter will analyze the exercise of the sovereign rights of Burundian citizens in the context of integration of the Country in the EAC, specifcally, an effective integration of Burundi and the recognition of the new East African identity. All these issues will be analyzed from a legal point of view.

Copyright © 2020. Lexington Books. All rights reserved.

CITIZENSHIP AND SOVEREIGNTY Sovereignty is defned as the independence of state in external and supremacy in internal affairs. The concept of sovereignty expresses the general property of any state. Most constitutions of modern states proclaim the sovereignty of the people (popular sovereignty), which is the principle of constitutional order, characterizing the sovereignty of a multinational people, recognition of it as the only source of power, as well as its free exercise of this power in accordance with its sovereign will and fundamental interests. This is one of the fundamental avenues that would ceteris paribus pave the way for the EAC citizens to tangibly actualize their eastafricanness and promote eastafricanization, democratization, and integration. The people are the only source of power and have the exclusive right to dispose of it. The people, under certain conditions, delegate authority to control power. The constitutional forms of exercising the sovereignty of the people are the state legal forms (institutions) provided for by the Constitution, the mechanisms by which the people exercise their power. These include, among others, institutions

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Burundian Citizens’ Sovereignty, National Constitution

151

of direct democracy or direct rule of the people: a referendum, free elections, meeting of voters, individual and collective appeals of citizens, rallies, demonstrations. The Constitution of Burundi stipulates in Article 1 that “Burundi is an independent republic, sovereign, secular, democratic, unitary and respecting its ethnic and religious diversity.” The same Constitution proclaims that “national sovereignty belongs to the people who exercise it, either directly through referendum or indirectly through its representatives” (Constitution of Burundi 2018, Article 7). It should be emphasized that the above provisions are in line with the constituent acts of the EAC. In particular, the Article 7 of the EAC Draft Protocol on Good Governance states that “Partner States commit themselves to the principle that the exercise of public authority emanates from the will of the people through regular, transparent, free and fair elections” (Adar 2018, 68). One of the essential elements of the modern state is the sovereignty that manifests itself in the absolute exercise of its power on all its territory and independently of any external power. However, under the current conditions of globalization and integration, the situation tends to become quite different: the absolute power of a state within the country is limited by the separation among the executive, judicial, and legislative power, the autonomy of territorial units and the fundamental rights and freedoms enshrined in constitutions. The current process of integration of Burundi into the EAC puts more and more emphasis on the problem of the sovereignty of the state in general or Burundian citizens, democratization, integration, and recognition of the new East African identity. Thus, in the current context of globalization and integration, the question of sovereignty becomes one of the most debated by legal researchers. Indeed, the integration of a country in any community requires the transfer of some of its sovereign rights to the supra-state entity created and constituted by all member states. With the integration of Burundi into the EAC, there is a question of how far the Burundian people can exercise their sovereign rights at the national level frst and within the community. Indeed, the participation of Burundi in the EAC limits its independence as it requires the delegation of some of the state powers to the community, the recognition of its jurisdiction, and the application of its decisions. This participation of Burundi in the EAC defnes the evolution of the Constitution and other national laws because it requires consecration of foreign experiences in the constitutional construction, as well as the consecration of national constitutional and legal provisions in international, universal and international treaties. Therefore, since the adhesion of Burundi in the EAC in 2007, many changes have occurred to allow the success of integration. For instance, different national laws have been adapted to the texts of laws and the context of the EAC.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

152

François Xavier Senene

The integration of Burundi into the EAC is a long and diffcult process because it covers several aspects: economic, political, social, legal etc. For effective integration into the Community, the harmonization of legal texts with the legal texts of the EAC proves to be one of the preconditions, without which one cannot even undertake any other activity of integration. Thus, since the accession of Burundi in the EAC, measures have been taken including the harmonization of legal texts to the texts of the EAC, although there is still much to do. Effective integration should enable the people of the EAC to feel the new identity and experience the recognition of a common destiny. However, there is still ferce competition between some of the EAC countries, especially in the area of movement of persons and goods, which can only hinder any effort to unify and consolidate the Community. How, then, do Burundian citizens live and feel the new East African identity? Sovereignty is such a complex concept that there are several defnitions that emphasize different meanings. International law distinguishes between internal and external sovereignty. Taken in a large sense, internal sovereignty can be defned as a supreme power exercised in a community over citizens. This power can be exercised by a person, a small group of individuals or the people themselves. The power of the sovereign is often established by a contract which is concluded between the individuals and the sovereign. The type of contract varies according to the authors and by the period. External sovereignty implies the political independence of the state, respect for its territorial integrity and recognition by other states. The EAC is a community made up of political units; sovereign states of which it is composed (Burundi, Kenya, Rwanda, Tanzania, Uganda, South Sudan). Within the Community, sovereignty means that member states transfer certain decision-making rights to the institutions they set up.

Copyright © 2020. Lexington Books. All rights reserved.

DEMOCRATIZATION Democratization is the process of establishing in the country (countries) a democratic political regime, which is a system that is based on the recognition of the people as the highest source of power, on the election and public control of power structures, on the priority of fundamental human rights and freedoms. At the same time, the democratic regime imposes on the person himself an increased responsibility for his personal fate, the fate of society, and the state. Democratization is a highly controversial process, especially for communities making the transition to democracy from totalitarian and authoritarian regimes, but inevitable, objective, and in the real-time dimension—endless, only bringing the peoples of the Earth closer to some ideal of a humanistic social system.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Burundian Citizens’ Sovereignty, National Constitution

153

Democratization in Burundi is hampered by a lack of experience in this area. Since Burundi gained independence in 1962, the country has not yet experienced effective democratization and is still looking for it. This lack of experience of democratization of the country results in multiple interethnic conficts that the country has experienced in the form of political and institutional instability. While it is true that democracy is founded in principle by the Constitution of the Republic of Burundi (Constitution of Burundi 2018, Article 1), its existence in practice still raises questions. Political actors often fnd it diffcult to have the same vision, to overcome personal interests and to defend general ones. Thus, they do not hesitate to stir up hatred which causes wars and repetitive political and institutional crises. For an undiscerning population, the lack of vision among leaders or their purely selfsh visions, only provoke crises and conficts which can sometimes be bloody. The elections are then designed by many analysts as the main source of the crisis, the most recent being that of 2015 following the different reading of the legal texts regarding the question of presidential terms. This caused enormous damage, the consequences of which are still currently apparent. Despite the many conficts and political crises that Burundi has experienced since independence in 1962, the country is making its way toward democracy. It should be noted that Burundi is governed according to a wellestablished constitutional order, the one currently in force recently promulgated after a referendum held on May 17, 2018. This Constitution recognizes Burundians’ basic civil rights, including the right to vote, participation in the elections of the country’s governing bodies, the voting of laws especially the Constitution and others (Constitution of Burundi 2018, Articles 7, 8), and this demonstrates the clear will of democratization of the country despite multiple diffculties encountered. Democratization in Burundi follows a model described as “consociative” (Schraml 2010) consisting in the sharing of power between the different ethnic components. The Arusha Accords and the 2005 Constitution set up a power-sharing model that ended the long civil war. It should be noted that the new Constitution promulgated on June 6, 2018, retains this same model. Apart from the recognition of the people as the only source of power, the model of “consociative” democracy established and proclaimed by the Constitution of the Republic of Burundi regulates the model of representation of all the ethnic components of the Burundian people. In particular, “the Government must be composed so that all Burundians are represented and represents them all, that everyone has equal opportunities to be part of it, that all citizens have access to public services and that Government’s decisions and actions receive the widest possible support” (Constitution of Burundi 2018: Article 16). The president and the vice president must come from different

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

154

François Xavier Senene

Copyright © 2020. Lexington Books. All rights reserved.

ethnic groups and political parties. The government must consist of a maximum of 60 percent Hutu and a maximum of 40 percent Tutsi. The National Assembly must include 60 percent Hutu and 40 percent Tutsi (Constitution of Burundi 2018, Article 169). The Senate is made up of two representatives per province who must be of different ethnicities (Constitution of Burundi 2018, Article 185). The regal administrations and more particularly the army and the police respect principles of ethnic division of power. Although sometimes criticized, democratization as applied in Burundi is often cited as a model of successful political consensus and has the merit of being able to stabilize Burundi after civil wars that the country has experienced since its independence. However, the lack of experience in democracy and the immaturity of Burundian politicians mean that all electoral periods in Burundi give rise to tensions. On the one hand, we have politicians who have trouble digesting and accepting their loss in the elections and, on the other hand, we have politicians already in power who are reluctant about opening the political space for free and transparent elections for fear of losing their power. The recent crisis following the elections held in 2015 is an eloquent example of a lack of experience of Burundian political leadership. This crisis crystallized on the legality and timeliness of a third candidacy of President Pierre Nkurunziza, which had even been brought before the Court of Justice of the EAC. Despite the fact that the EAC Court of Justice has followed suit by the Constitutional Court of Burundi declaring that the candidacy of the incumbent president was legal, the crisis has continued even if today it is weakened. Despite challenges, Burundi shows evidence of democratization. Thus, Article 6 of Burundi’s Constitution stipulates that “the principle of the Republic of Burundi is the government of the people, for the people and by the people.” The elections are then guaranteed and are free, transparent, and regular (Constitution of Burundi, Articles 87, 88). Although democratization remains a very long process, it must remain the concern of all Burundians to fnally achieve stability and sustainable development. EXERCISE OF THE SOVEREIGN RIGHTS OF BURUNDIAN CITIZENS IN THE CONTEXT OF THE INTEGRATION OF THE IN THE EAC The exercise of the sovereignty of Burundian citizens in the defnition and conduct of the country’s internal affairs is a reality, even though there is still much to do. Indeed, the Burundian people take part in the implementation of certain laws of capital importance for the nation such as the Constitution by way of vote. For example, the Constitution of 2005 that had been voted by referendum has just been amended by the same way.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Burundian Citizens’ Sovereignty, National Constitution

155

However, if we accept that the participation of the people in the vote on the Constitution is an act that empowers it to exercise its sovereign rights, it seems that the people should also be involved not only in the vote but also in defning the content of the constitutional text in an independent manner. This is far from being a reality because Burundian citizens so far lack maturity to be able to infuence the national and regional opinion. This role could be fully played not only by individuals but also by civil society organizations and other independent human rights organizations. The role of the Burundian citizen in the implementation of laws is thus limited to the vote and thus becomes a simple formal act. As the Constitution of the Republic of Burundi proclaims in its Article 197, “the initiative of laws belongs concurrently to the President of the Republic, the Government, the National Assembly and the Senate.” As for the role of the Burundian citizen in the implementation of community laws, it is diffcult to detect. How, then, can Burundian citizens fully play their role in defning and conducting the affairs of the EAC? It is the question of sovereignty of the people, formulated by Rousseau, which becomes and remains the principle of government of democratic states. The legislative body of EAC which includes nine members appointed by the National Assembly of the Republic of Burundi, is an organ that is supposed to represent the interests and opinions of East African citizens in the exercise of its legislative functions. However, the procedure for appointing members to the East African Legislative Assembly (EALA) as defned by the EAC Treaty (Article 50(1)) is likely to diminish the exercise of the sovereign rights of Burundian citizens and the principle that the EAC is a people-centered and market-driven organization as proclaimed by the Treaty. Burundian citizens are deprived of their rights to take a direct part in the development of the laws of the community. Perhaps allowing Burundian citizens to directly choose their representatives in the EAC through popular participation could be one of the effective means of involving Burundian citizens directly in the conduct of the affairs of the EAC and which by implication would promote eastafricanness, eastafricanization, democratization, and integration. Also, as is the case at national level, it is important to defne within the Community, matters that should directly involve EAC citizens such as voting on Treaty amendments. Otherwise, the prior and real consultation with Burundian citizens before decisions are taken on EAC affairs would be ineffective and would make the representatives of Burundian citizens at EALA not refect the real will of the people who mandated them. These measures would enable Burundian citizens to be concerned about the affairs of the Community and could therefore contribute to promoting and facilitating the integration of Burundi into the EAC.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

156

François Xavier Senene

In the context of a community aspiring to become a political federation, measures to involve citizens appear to be an effective way of getting them used to dealing with new context. This would facilitate even the political and monetary integration always in the grip of the absolute sovereignty of the member states. Therefore, respect for popular sovereignty functions as a criterion of democracy. In this sense, sovereignty is considered as a form of organization of political power that can take different forms depending on the distribution of powers. The exercise of the sovereignty of the Burundian people could not be effective if certain conditions are not met. First of all, it requires the real will of all the living forces of the nation in general and of the state in particular to recognize the people as a source of power. This principle corresponds to that stipulated by the EAC Treaty and according to which the EAC shall be a people-centered and market-driven organization (Article 7(1) (a) of the 2000 Treaty). Also, there must be civil society institutes, human rights organizations, religious organizations, and other independent organizations that can infuence national and regional opinion. However, in the current Burundian context, there is a lack of trust between the state and the existing organizations, which results in the lack of collaboration and a common vision of different issues. Although the Constitution of the Republic of Burundi stipulates that the freedom of assembly and association is guaranteed, as well as the right to found associations or organizations (Constitution of Burundi 2018, Article 32), it cannot be observed that there is a real civil society, independent human rights organizations aware of their role. Civil society organizations are often conceived as groups acting as opposition political parties by the government, or as organizations with hidden agendas, which sometimes leads to banishment of some organizations. As a result of the 2015 crisis, for example, fve civil society organizations were banned in Burundi. Thus, the lack of positive interaction and collaboration between the state and civil society is therefore a barrier for the exercise of sovereign rights by Burundian citizens since under normal conditions the state should transfer some of its functions to these civil society organizations to make participation and participation effective exercise of the sovereign rights of peoples. Transfer of certain state functions to civil society institutes, to transnational organization, however, necessary to involve the people in the defnition and management of the affairs of society becomes impossible. Furthermore, civil society organization should be formed and play their role of infuencing social opinion not only in Burundi or in any other member of EAC, but also on the whole territory of the Community. Noteworthy is the defnition which states that the people’s sovereignty should be conceived as “the real economic, social and political situation of the people, which allows them to have sovereignty in society and the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Burundian Citizens’ Sovereignty, National Constitution

157

state” (Natig, Rzaev, and Maltseva 2018). Therefore, people’s sovereignty is defned as the sovereignty of the people, that is, the people’s possession of socioeconomic and political means for real participation in managing the affairs of society and the state. In the current context of Burundi which is characterized by decades of civil war and repeated political crises, it can argued that the Burundian people do not have the needed real socioeconomic and political means that can empower them to exercise their sovereignty in the regional level. The political and institutional crises facing the country do not create favorable conditions for the establishment and development of civil societies, human rights organizations and other organizations able to fully and independently play their role and infuence social ideology, in forming of policies, in establishment of laws. Analyzing the current Burundian context, one can argue that the interpretation of sovereignty as a form of a manifestation of people’s sovereignty has the following grounds. First, the state is conceived as a special political organization of the society and is called upon to express the will of the people and act in its interests to solve public affairs. Exerting fair and often sharp criticism of certain state institutions, one should realize that there is simply no other organization capable of realizing national interests in full. Only the state is the offcial representative of whole society. Second, it is the people who have the right to form the apparatus of state power and to infuence it in such a way that in the event of a deviation of the activity of the subjects of state administration from the interests of the people, it should be brought into line with such interests. Third, an adequate expression of popular sovereignty in the sovereignty of the state is a decisive condition for the independence of the state’s domestic and foreign policy, its effectiveness and pragmatism. It is the independent (sovereign) people who can bestow their state on the quality of sovereignty. In this model, the role of the people in the implementation of the laws of the country becomes very minimal or even formal, in the case where we have texts of law which proclaim on the one hand that the sovereignty belongs to the people but that in practice the exercise of these rights is not manifested or manifested to a small extent, as it is the case in Burundi. The peaceful resolution of constitutional conficts is one of the fundamental principles of the EAC and could serve as an effective means of empowering Burundian citizens to exercise their sovereign rights at the national and regional levels. First of all, it is worth noting that in Burundi, mechanisms for the peaceful resolution of conficts are better known and almost exclusively associated with the resolution of political conficts. This is surely linked to the fact that the political confict in Burundi for decades could only be initiated and resolved by the mediation-facilitated negotiations of the warring parties that led to the Arusha Accords. The problem is that in that case, peaceful

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

158

François Xavier Senene

resolution of political conficts only involves the political elite and specifcally those in confict. Promoting peaceful resolution of conficts should help Burundian citizen’s to exercise their sovereign right in defense of their right and legal interests. Of course, the tradition of peaceful confict resolution is not new to Burundi. However, it should evolve and acquire a new form. In addition to the peaceful settlement of political conficts or settlement by the notables, the institutionalization and regulation of other amicable confict resolution methods (which are counted in tens nowadays) proves necessary especially for an effective integration and the promotion of citizen participation in the exercise, the defense of its rights and legal interests. It could also help promote investment, as one of the most effective ways to attract investment is to secure capital through effective, less costly, less formal, free, and easily accessible dispute resolution procedures. The promotion of various instruments for the nonjudicial settlement of mainly commercial disputes could thus serve as a means of exercise by the Burundian people of their sovereign rights, as is the case in many developed countries. This is explained frst by the fact that these procedures are initially private. They do not involve the state or involve it to the smallest extent possible to ensure the agreement is reached as the case may need. This corresponds with the recognition of the citizen’s ability to resolve his own conficts, which amounts to giving him some of the prerogatives of the state. It is then a way for the people to exercise their sovereign rights in the defense of their rights. While one of the effective means of promoting a mechanism is its institutionalization and regulation, there is a lack of regulation of alternative dispute resolution procedures in Burundian law. The lack of regulation and therefore the proper organization of these procedures, however of major importance in the region or around the world, do not create conditions conducive to the exercise by Burundian citizens of their sovereign rights. National laws related to cases should contain provisions regulating amicable settlement procedures. This is the case, for example, with the Commercial Code, the Code of Civil Procedure, the Code of Persons and the Family, the Civil Code, and others. CHALLENGES OF THE EFFECTIVE INTEGRATION OF BURUNDI AND THE RECOGNITION OF THE NEW EAST AFRICAN IDENTITY The term “integration” refers to the emergence of a new community from previously disparate parts. Integration is also the process of combining, merging parts into a certain integrity. In the case of international political integration,

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Burundian Citizens’ Sovereignty, National Constitution

159

we can talk about creating an independent political whole within the territorial borders, or about the emergence of a political community that does not have a territorial connection. By integrating, states transfer part of their sovereignty to supranational institutions or international organizations. At the same time, those spheres of activity with which states have coped worst of all go to supranational bodies. The integration of any country into a Community must be accompanied by different reforms. Among other reforms, the harmonization of Burundian laws with Community laws has been and remains the greatest concern of the state since the country’s accession to the EAC in 2007. Indeed, Community law imposes standards and assumes that for its application at the national level, there are reforms that must be made to ensure that domestic laws are in harmony with the requirements of the community. As integration extends over many aspects, at present many steps have already been taken and many laws have been harmonized to allow for effective integration. The harmonization of the laws is a phenomenon of legal integration which implies the transfer of the competence of two or more states to an international organization with supranational or supra-state powers. Upon integration, the international organization has the competence to realize a unique and coherent legal framework in which legislation is inserted to achieve the economic and social objectives that the member states have set themselves. The process of integration in all its aspects (economic, social, political, etc.) is a long process that requires complex work. This work includes the harmonization of national legislation with the legislation of the EAC. However, the harmonization of Burundian laws with the laws of the EAC faces challenges. First of all, there are challenges related to the diversity of legal systems. Burundi is one of the few countries in the EAC whose legal system is of Roman-Germanic tradition, while the legal system of almost all the other member states and especially that of the founding members is of Anglo-Saxon tradition. This difference of legal system therefore constitutes a major obstacle to the harmonization of Burundian laws with the EAC laws because Burundian legislators are frst confronted with the problem of interpretation and understanding the legal texts of a system different from their own. To do this, Burundi must sometimes resort to foreign expertise, which causes additional expenses for a country already experiencing fnancial problems. The process of harmonization of Burundian laws faces fnancial challenges. The 2015 crisis has indeed been followed by sanctions from major donors while the country is experiencing a budget defcit and often relies on foreign aid to fll it. This lack of aid to fll the budget defcit forced the Government of Burundi to adopt an austerity budget which inevitability has a negative impact on the process of harmonization of national laws with the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

160

François Xavier Senene

laws of the EAC. Second, the harmonization of Burundian law with Community law presents a linguistic problem. Burundi is the only EAC country whose offcial language is French, while English is the main language of the EAC and the offcial language for all other EAC member countries. Nevertheless, despite the challenges identifed, it should be noted that the process of harmonization of Burundian laws with EAC laws is at a very advanced stage. At this date, many laws have already been amended and are in the process of amendment. Priority has been given to laws related to investment, laws governing commercial companies, those related to bankruptcy and insolvency, the law that concerns the movement of persons, the rules on the right of establishment. There are also laws on public and private partnerships as well as other laws that relate specifcally to the effective promotion of the common market. The amendment to the Constitution that has just been adopted will mean that Burundi’s budget law will be harmonized with that of the other member states of the EAC because until this amendment, Burundi was the only country whose budget year began in January and ended in December, while for the other EAC member states, the budget year starts in July and ends in June. According to the Constitution of 2018, “the budget-year will begin on July 1st and end in June 31.” The harmonization of national laws with the standards of the EAC is therefore necessary for the effective integration of Burundi into this community. It should be noted that apart from the creation of the common market which has led to the harmonization of laws in this area, other areas are still under the infuence of the total sovereignty of states. These include the monetary, political, police, security, and prosecution areas. Effective integration must be accompanied by a change in local attitudes and the recognition of the new eastafricanness identity. However, in the case of Burundi, the fact is that despite the efforts made to make integration successful, local mentalities have diffculty with the imperative to adjust to the integration process and the emerging challenges in the region. Apart from some exceptional cases, Burundian citizens feel less of the East African identity which manifests itself in their movement within the Community for whatever purpose. This can have many causes including the low level of competitiveness of Burundians compared to other citizens of the EAC. This competitiveness concerns the lack of products for sale as the country imports more than it exports, knowing that the only products exported are mainly coffee and tea. Under these conditions Burundians may not see the reason for movement within the Community which also affects their recognition of the new identity. However, the adoption of the EAC passport on May 28, 2018, by the Government of Burundi also aims to facilitate integration and is a giant step and a signifcant element of the recognition by Burundian citizens of the new identity.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Burundian Citizens’ Sovereignty, National Constitution

161

Copyright © 2020. Lexington Books. All rights reserved.

CONCLUSION Burundi’s accession to the EAC brings with it many challenges that need to be addressed. The sovereignty of the people being the fundamental principle of the EAC and the Burundian state, we have found that the existence of the principle in practice is however debatable. The lack of a civil society organization, independent human rights organizations capable of infuencing national and regional opinion is a sign of the minimal role of Burundian citizens in the defnition and conduct EAC affairs in general and those of Burundi in general. There is also a lack of positive interaction between the Government of Burundi and existing civil society organizations, which makes it diffcult for Burundian citizens to exercise their sovereign rights. Promoting the development of civil society organizations working not only in Burundi but also in the Community should be an effective instrument of empowering East African citizens in conducting of Community affairs. Despite the proclamation in the Constitution of the sovereign, democratic, and independent nature of the Republic of Burundi, it is noteworthy that the country is still far from achieving effective democratization so as to serve as an example in the democratization of the EAC which is also a challenge. The participation of the people in the elections appears as a formal act given its immaturity and its incapacity of discernment which is manifested by immoderate fanaticism. At the level of the Community, the procedure of electing EALA members calls into question the people-centered and marketdriven principle proclaimed by the EAC Treaty. This procedure should therefore be reviewed to allow Burundian citizens to directly elect their representatives in this body which is of vital importance in the community. The implementation of Community laws should be preceded by a real popular consultation so that in the exercise of their legislative functions, EALA members can refect the true will of those who have mandated them. Through this analysis we were able to identify the main challenges of an effective integration of Burundi into the EAC. The accession of Burundi in the EAC supposes frst of all the harmonization of the national laws with the texts of laws of the Community. However, the integration of Burundi frst comes up against the problems linked to the diversity of legal systems, Burundi being one of the few countries whose legal system is of RomanGermanic tradition whereas the legal system of the founding countries of the Community is of Anglo-Saxon tradition. Also, the harmonization of Burundi’s legislation with EAC legislation also addresses linguistic and fnancial challenges. However, despite all these challenges, the process of harmonization of Burundi legislation is currently at a very satisfactory stage. Knowing that

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

162

François Xavier Senene

integration needs to be multifaceted, many laws, especially in the area of business, have been harmonized with Community legislation. The integration of Burundi into the EAC should enable Burundian citizens to feel and live the new East African identity. However, with a few exceptions, the new identity is not yet felt and lived by Burundi citizens, which can be explained by several reasons. For instance, the lack of competitiveness of Burundians makes citizens feel less concerned about integration into the Community because they do not have much to sell there. This can also be explained by the country’s delay in membership. It seems to us that the recent adoption by the government of the passport of the EAC will allow Burundian citizens to feel the new identity.

Copyright © 2020. Lexington Books. All rights reserved.

REFERENCES Adar, Korwa G., Giovanni Finizio, and Angela Meyer, eds. 2018. Building Regionalism from Below: The Role of Parliaments and Civil Society in Regional Integration in Africa. Brussels: Peter Lang Publishing. Burundi. 2018. The Constitution of Republic of Burundi. Bujumbura: Government Printer. EAC Secretariat. 2007. Treaty for the Establishment of the East African Community (As amended on 14th December, 2006 and 20th August, 2007). Arusha: EAC Secretariat. Fouéré, Marie-Aude and Hervé Maupeu. 2015. The New East Africa? Contemporary Africa, vol. 1, no. 253: 13–35. Laï, Kamara and D’Hauteville Béatrix. 1972. Legal Aspects of Economic Integration in Africa. Third World, vol. 13, no. 51: 531–539. Natig, Rzaev and Oksana Maltseva Alexandrovna. 2018. The Sovereignty of the Russian Federation in the Context of Modern Integration: Actual Problems of Law. Moscow: Buki-Vedi Publishing House. Ndayishimiye, Rose- Fidélité. 2009. Impact of Burundi’s Accession to the East African Community. Bujumbura: Observatory of Government Action (OAG). Nkama, Arsène Honoré G., René Ndayishimiye, and Léonidas Ndayiragije. 2017. Evaluation of Burundi’s Integration into the East African Community through the Development of Infrastructures. Bujumbura: Institute of Economic Development (IDEC). Révillon, Jeremy. 2014. Burundian Foreign Policy: Regional Integration and Peacekeeping. French Institute for Research in Africa. Vol. 12, No. 5. Schraml, Carla. 2010. “Ethnicized Politics: Patterns of Interpretation of Rwandans and Burundians.” International Journal of Confict and Violence, vol. 4, no. 2: 257–268. Sinabwiteye, Joseph. 2018. Critical Analysis of the Legislative Framework of Business Rules and Business Law in Burundi. Bujumbura: Observatory of Government Action (OAG).

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 9

Kenya Citizens’ Sovereignty, National Constitution, and the EAC Treaty Nexus PLO-Lumumba

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION The Countries of Africa as we know them today are colonial constructs. They were not the result of popular nation building or the aspiration of diverse communities exercising their constituent power to come together under a single nation. Rather, they are the consequence of the feudal power grabbing epitomized by the Berlin Conference of 1884. The borders of the African nations we see today are by and large the same borders that the European powers applied in demarcating Africa during the scramble for colonial territories. These borders were drawn up without reference to the indigenous communities that inhabited these lands. Greater regard was given to physical features such as mountains and rivers than to avoiding breaking up communities. This background is an important starting point because without it we cannot fully appreciate the momentous challenge that faces East Africa and Africa by extension. Where once people could and indeed lived their entire lives in these beautiful lands without ever meeting a soul from another tribe in the same ethnic group; let alone a person of another race, we now live in societies and countries that can rightly be described as melting pots of different communities, ethnic and religious groups as well as races. Despite this diversity, African nations are far from achieving the sort of intercommunal harmony one would expect from groupings who have shared over a century of history in the same political unit; have struggled against and broken free from the shackles of colonial rule and subsequently formed independent nations. Indeed, in our actions and mindset we are perhaps as tribal today as we were during the colonial period. It is for this reason that the process of regional integration in East Africa is such an arduous and mammoth endeavor. What we are ultimately seeking to 163

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

164

PLO-Lumumba

achieve in relation to the East African Community (EAC) is the creation of a unitary social, political, and economic entity from constituent countries that are themselves wrought by internal division and disunity. And while political leaders have hailed the resurrected EAC as the panacea for the various economic, social, and political ills facing the nations of Kenya, Tanzania, and Uganda, any efforts toward reestablishing regional cooperation in East Africa would be futile without identifying, critically analyzing and subsequently addressing the problems that bedeviled the Community of 1967 and which contributed to its demise. While tracing the history of integration in East Africa right from precolonial times to the postindependence efforts, this chapter departs from the traditional approach to the subject where only political and social problems and solutions are examined and suggested. It is strongly argued that unless the citizens of the fve countries are given a more active and participatory role in the “EAC II,” efforts to revive the Community to a full throttle will be comparable to those of the fgure from Greek mythology, Sisyphus, who was condemned to eternally roll a huge stone up a mountain only to see it roll back down once he neared the apex. It is against this background that we examine the question of citizenship and sovereignty as set out in the Kenyan Constitution 2010 vis-à-vis the EAC Treaty. Sovereignty fnds mention at the very outset in the Constitution of Kenya 2010. Substantively sovereignty is recognized in chapter 1 of the Constitution which states inter alia that all sovereign power belongs to the people of Kenya and shall be exercised only in accordance with the Constitution. Sovereignty is therefore at the very heart of the well-being of a state because it is the exclusive right of a state to govern the affairs of its inhabitants free from external control. In legal theory, sovereignty is an important dimension of international relations. Each state in international law is sovereign and relates to others as such. In contemporary politicolegal lexicon, sovereignty may be described as the supremacy of the state. The notion of sovereignty has developed in juxtaposition with that of the basic rights of the citizens. It is therefore arguable that the independence of a state is predicated upon sovereignty. Sovereignty itself being closely linked to citizenship, which is the politicolegal nexus between the individual and the sovereign state. Independence is a fundamental principle of international law which implies that a state has plenary competence to conduct its affairs without being subject to the authority or dominion of other states. The principle of state independence is entrenched in the United Nations Charter the import of which is to prohibit intervention in domestic affairs of states and the inviolability of territorial integrity. One of the competencies of any state in the exercise of its sovereignty is the making of treaties the effect of which may be to obligate it to do or refrain

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Kenya Citizens’ Sovereignty, National Constitution

165

from engaging in certain acts. It is in this light that Kenya’s membership in the EAC must be seen and understood. Kenya frst entered the EAC Treaty in 1967. The EAC created in 1967 collapsed in 1977 and the matters that were ceded to the community reverted to the respective nations. In 1999, the EAC Treaty (hereinafter referred to EAC Treaty II) was entered into. Commentators have argued that one of the weaknesses of EAC I was its top-down approach which meant minimal participation of the population. It was therefore understood that EAC II would learn from the mistakes of EAC I.

Copyright © 2020. Lexington Books. All rights reserved.

THE HISTORY OF INTEGRATION IN EAST AFRICA FROM THE PRECOLONIAL PERIOD TO 1967 The quest for integration in East Africa is not novel. Even before the advent of colonial rule Communities in East Africa were linked by long-distance trade. There had been a long history of intercommunal trade with goods from far off lands such as Arabia being transported by caravans from the port towns of Kenya and Tanzania into the interior of Uganda. The Akamba of present day Kenya and Yao of Tanzania were engaged in long-distance trade that took them far away from their homes for several weeks or even months in parts of Central and East Africa. These traders were the frst true East Africans as they freely traversed these lands without being encumbered by borders or visa restrictions. During the colonial period when these three territories were British colonies, (strictly Tanganyika was a League of Nations Mandated Territory (LNMT) and then a UN Trust Territory (UNTT) but in both cases governed by Britain) each had a British governor but for several purposes they were treated as a unit. The British created many institutions that served the whole region. In the fnancial arena, the East African Currency Board (EACB) established in 1920 was already issuing a single regional currency. When Tanganyika was transferred from German to British control, the country used the common currency already established. In transportation there were the East African Airways (EAA) and the East African Railways and Harbors (EARH), established in 1946 and 1948, respectively. In the legal feld there was one Court of Appeal for East Africa (CAEA) established in 1902 as well as a single law reporting body that published the East African Law Reports. During British rule the people, of East Africa had more in common other than these shared institutions. The fact that they were all under colonial occupation was the common denominator which more than anything else brought about a shared sense of identity. In Tanganyika there were armed rebellions against British rule such as the Maji Maji uprising in the same way Kenya had the Mau Mau rebellion. Uganda and Zanzibar had comparable resistance. The

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

166

PLO-Lumumba

Copyright © 2020. Lexington Books. All rights reserved.

shared history of oppression under foreign occupation created a brotherhood that transcended national borders. As early as the 1920s there was talk in British political circles of amalgamating the three East African territories into a single political unit, the most common proposal being a Federation. Sir Sydney Henn in 1924 moved in the House of Commons (HoC) that the East African territories be amalgamated. He urged the British government to create a Special Commission that would report to him on the workability of having a single administrative body controlling policymaking and service provision across the territories. As a result, the British government established an East Africa Commission chaired by Colonial Secretary W. G. Ormsby-Gore. The Commission solicited views from Africans, people of Asian descent and Europeans on federation. What was surprising; however, was that the majority of settlers in East Africa opposed the idea, save for a few like Lord Delamere, a large-scale British farmer, according to whom the Federation would offer space for the further white settlement in British East Africa. In his eyes East Africa was not being held in trust for the African majority with a view of granting them independence at some later date rather it was to be the new Australia. Lord Delamere and other wealthy European settlers were also interested in the labor force that they could obtain from the other territories. Nevertheless, despite the advocacy of federation by a minority of prominent rich white settlers, the moderates among them were opposed to the idea, arguing that it was not the appropriate time. These moderates advocated for the establishment of a white-dominated strong central government in the hope that a federation would follow naturally. On the other hand, Africans vehemently opposed the idea of federation. This was confrmed in Ormsby-Gore’s report. The report stated, We found little, if any, support in East Africa for the idea of immediate federation, and in some quarters we found defnite hostility. We received a memorandum against federation from the King and the native government of Buganda, and discussions which had taken place in parts of Kenya immediately prior to our arrival revealed that the suggestion was viewed with more than a little suspicion by all sections of European opinion in Kenya. All shades of opinion in Zanzibar are hostile to federation and we also received representations against federation from various Indian Associations throughout the three northern territories. (Ormsby-Gore 1925, 7–9)

Africans were particularly suspicious of the motives and intentions of the colonists, and rightly so. The proposed federation was intended to be a whitedominated tool for the continued subjugation and exploitation of the Black majority. The indigenous people were far more concerned with redress for their many grievances, foremost the lack of civil and political rights. The

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Kenya Citizens’ Sovereignty, National Constitution

167

Copyright © 2020. Lexington Books. All rights reserved.

Ormsby-Gore Report rejected the idea of federation, for the time being. It instead urged greater cooperation among the governors of Kenya, Tanganyika, Uganda, and Zanzibar as well as the establishment of even more transEast African institutions and services. The settlers’ dream of a permanent white-dominated British East Africa colony slowly faded in the aftermath of World War II. The two emergent super powers, the United States (US) and the Union of Soviet Socialist Republics (USSR), were united in their support for people suffering under the yoke of colonial rule. They opposed continued colonial rule in Africa and elsewhere. The United Nations similarly agitated for the emancipation of the subjugated people around the globe. The British government took note of this and in a famous speech; Prime Minister Harold Wilson declared that a “wind of change” was blowing across Africa. The focus of the colonial powers reluctantly shifted toward granting their subjects independence. Thus, efforts in regional integration such as the establishment of the East African High Commission in 1948 was not meant to entrench colonial rule and white settlement but to manage and administer the shared institutions of East Africa. The East African High Commission (EAHC) consisted of the governors of Kenya, Uganda, and Tanganyika, with the governor of Kenya acting as Standing Chairman (see also chapter 1). This High Commission fell foul of the African political leaders who would lead their nations into independence as it was too closely linked to the British government and had no popular input. When the East African territories achieved independent statehood, the High Commission was replaced by the East African Common Services Organization (EACSO), headed by an authority consisting of the principal elected minister and other high-ranking offcials who were responsible to the legislature in each of the three territories. This authority continued to administer the regional services that had been under the auspices of the High Commission prior to independence. It came into being as a result of local demands, to meet a local situation, and is a creation of the East African Governments; it is not “colonial” in the sense of being the creature of a colonizing power. As such, EACSO is more “realistic” as an organization in terms of its ability to meet changed and changing political situations and needs, [and it] provides a forum for various experiments in inter-territorial, intergovernmental, even inter-political arrangements. (Banfeld 1968, 261)

The EACSO evolved into the EAC of 1967. The EAC was the natural culmination of over sixty years of gradual economic, social, and political integration. The community was of an economic union that sought to take advantage of the unifying factors of East Africa to enhance economic growth and prosperity in each of the East African states. The newly independent East

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

168

PLO-Lumumba

African states had various reasons for seeking regional economic integration, both economic and sociopolitical. Economically, the Community made a great deal of sense as Kenya, Tanzania, and Uganda would be able to beneft from “economies of scale,” that is, as a larger production unit they would be more competitive and effcient. Trade within the region was well coordinated in such a way that each country was exporting to the partner countries only what they could produce at lower costs; for example, Uganda exported electricity, copper, and other foodstuffs to Kenya while Kenya and Tanzania exported various items, which were not easily obtainable in Uganda. The three countries could also pool their resources and embark on development projects that would have otherwise been cost prohibitive. The Community further enhanced its bargaining power vis-à-vis multilateral trade agreements. The removal of internal tariffs and restrictions to the free movement of goods, persons, and services were seen as a step toward giving domestic industries a wider market. Apart from the economic advantages, there were sociopolitical benefts to having the EAC. The need for geographical consanguinity and the reversal of situations where communities had been split into separate countries when the colonial powers demarcated East Africa, such as the Maasai falling partly in Kenya and partly in Tanzania, the Banyala and Teso in Kenya and Uganda, as well as the realization of the reality that the borders between the three states did little to prevent instability and insecurity, while costing large amounts of money to maintain. Politically, the EAC was aimed at giving the three states greater geopolitical infuence as well as a wider international presence, especially in light of the Cold War machinations of the two super powers, the USA and the USSR. The Community was therefore a welcome step forward for the individual countries and the East African region. Despite its promise and potential, with hindsight the EAC I was doomed to fail ab initio. Even though East African political leaders—Julius Nyerere, Jomo Kenyatta, and Apollo Milton Obote—understood the defciencies of the institutions they inherited, they hoped to build a successful EAC on it. Their assumption was based on the understanding that integration efforts in East Africa would lead to the achievement of Pan-Africanist ideals so greatly sought by independent African nations. Therefore, though they perceived the EACSO as an ineffective organization, the three leaders nonetheless envisaged the Community from which it emerged to be the most reasonable way to solve some of their deeply felt economic problems. Hannington Ochwada noted: Although the formulations of the 1967 Treaty laid down new structures for integration, the East African leaders did not abandon the structures that they had inherited from colonialism—they merely added new elements to them. (Ochwada 2004, 66–67)

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Kenya Citizens’ Sovereignty, National Constitution

169

Apart from the fawed foundations inherited from the colonial cooperation setup, there was the question of legal impediments to a successful Community. As (Professor Michelo Hansungule 2003, 43) observed:

Copyright © 2020. Lexington Books. All rights reserved.

The British-tailored Constitutions of the independence era such as the current Constitution of Kenya were not meant to advance democracy in the former colonial territories. Rather, their primary objective was to safeguard and guarantee the interests of the departing colonial state.

These Constitutions did not lend themselves to regional integration. They were structured in such a way that the individual country was supreme and any regional entity that the country was part of was in fact subordinate rather than superior. A case in point is the decision in Okunda v R. (1970). In the case, the Attorney-General of Kenya brought prosecutions against some persons under Community legislation, namely, the Offcial Secrets Act. The East African Court of Appeal had to consider whether the fact that the attorney general had not sought consent to prosecute, made the prosecutions illegal. The Court found that Section 26(8) of the Constitution of Kenya which states that the attorney general shall not be subject to the direction or control of any other person or authority was inconsistent with the requirement of the Act. As to which would prevail; Community legislation or the Constitution of Kenya, the Court held that the Constitution must necessarily have primacy and consequently by virtue of Section 3 which holds that; . . . if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void (Constitution of Kenya 1998). This decision illustrated the fact that the Community would always be subject to municipal law, and by extension, domestic politics and considerations. Perhaps the “EAC I” would have survived and fourished despite the preexisting inadequacies and other shortcomings apparent at its establishment. However, as the Community commenced its functions the political, social, and economic realities of the day, ignored and sometimes fostered by the three governments, slowly took their toll and eventually consigned the Community to an ignominious end. THE EAST AFRICAN COMMUNITY OF 1967 (EAC I) The EAC was a Common Market established by the Treaty for East African Cooperation of 1967 with Kenya, Tanzania, and Uganda as its signatories. The objectives of the EAC I were broadly similar to those of the EACSO: the promotion of trade among the three signatory states as well as the provision of common services such as railways, harbors, posts, and telecommunications

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

170

PLO-Lumumba

at the regional level. To promote trade the Treaty provided for free trade of goods produced within East Africa. The “EAC I” was controlled by the three Heads of State: Jomo Kenyatta of Kenya, Julius Nyerere of Tanzania, and Apollo Milton Obote of Uganda, who together constituted the East African Authority, the supreme policymaking organ of the Community. The Community also had a law-making organ, the East African Legislative Assembly. The Assembly was made up of three East African ministers, three deputy ministers, twenty-seven members (nine from each state) as well as a secretary general. The Treaty also confrmed the jurisdiction of the Court of Appeal in both civil and criminal matters, excluding Constitutional matters and Treason in Tanzania. To promote economic activity it established the East African Development Bank, which was meant to promote industrial growth in under developed sectors of the economies of the member states. There were also fve councils designated to administer the specifc areas of cooperation. They were councils on the Common Market, Communications, Economic Consultation and Finance, Research and Social Projects administered. These Councils were headed by the three East African ministers together with a minister from each of the member states. The “EAC I” had a well-defned structure, which was, on paper, more than adequate to effectively administer the services and meet the objectives of the Community. Ochwada notes that this structure “was perhaps one of the most advanced institutional structures in Africa’s attempts at regional integration” (Ochwada 2004, 67).

Copyright © 2020. Lexington Books. All rights reserved.

THE COLLAPSE OF THE EAC I AND THE LESSONS TO BE LEARNT Although the collapse of the “EAC I” was more of a political consequence, economic issues also played a role. The main causes of the failure of the EAC 1 were among others The Issue of Distribution of Gains and Losses (The Principle of Asymmetry) The chances of the “EAC I” surviving and prospering were severely dented by the absence of an acceptable formula for the fair distribution of costs and benefts accruing from the Community. The dominance of Kenya’s economy over those of the other two member states meant that it exported substantially more goods to Tanzania and Uganda than it imported from them. In the “EAC I” between 1969 and 1978, Kenya controlled half of the intra-Community

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Kenya Citizens’ Sovereignty, National Constitution

171

trade and almost three-quarters of the total export trade. In money terms, this meant that the trade surplus between Kenya and her partners stood at US$ 56.6 million with respect to Uganda and US$ 25.6 million with respect to Tanzania. Kenya’s economy benefted more from the Community than the other states. To use the phrases coined by Balasa (1961), she became a “pole of growth,” while Uganda and Tanzania became “poles of stagnation.” This caused resentment among her partners and fuelled the thought that the Community was merely a vehicle for Kenyan economic domination. This fear had been expressed even before the Community had been established with Uganda’s and Tanzania’s contributions to the Phillip’s Commissions Report, on which the Treaty of 1967 was based, expressing concern that Kenya would use her superior economic position to their detriment. Domenico Mazzeo (1984, 152) has observed that “one could state with a high level of confdence that regional cooperation in East Africa would have survived if the question of the misdistribution of benefts had been resolved satisfactorily.” The “Nairobi Mentality”

Copyright © 2020. Lexington Books. All rights reserved.

The view held in some quarters of Tanzania and Uganda that the Community was a Kenyan tool for exploiting their economies was given further credence in their eyes by the fact that many of the Community institutions were either headquartered in Nairobi or headed by Kenyans. It could be argued that this was based on purely strategic and business grounds; the location of the headquarters being determined by the need to base institutions at the hub of their related activity, which unfortunately due to Kenya’s relatively advanced economy meant Nairobi; and the manning of the institutions of the Community by a disproportionate number of Kenyans refected their larger pool of qualifed candidates. However, the perception persisted and was not helped by the perceived arrogance of the Kenyan populace and leadership. Ideological Differences The East African partners chose to follow different ideological paths. Tanzania declared through the Arusha Declaration of 1967 that it would commit itself to “African Socialism” (Ujamaa) and nationalizing the economy. Uganda’s president Milton Obote followed a similar approach adopting the socalled Common Man’s Charter that advocated for a leftist mixed economy. Kenya on the other hand while professing adherence to the principles of African Socialism, refused to follow either Tanzania’s nationalization program or Uganda’s leftist policies. In fact her economy was undoubtedly free market capitalism under the guise of African Socialism. Economic cooperation was

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

172

PLO-Lumumba

not practical when the design and objectives of the partner economies were so different and even antagonistic. The Problem of Domestic Sovereignty

Copyright © 2020. Lexington Books. All rights reserved.

Rigidities in the administrative systems of the member states tended to interfere with the running of the Community. As the case of Okunda v R (1970) illustrated the Community was subject to the legal orders of the Partner States. This was basically due to the fact that the individual countries and especially their political leadership were not prepared even to countenance ceding their new found political and economic sovereignty in favor of a successful EAC. In each of the three countries, there were powerful political cliques who perceived the Community as a threat to their political bases and fefdoms. Kenya had a group of politicians headed by the then attorney general Charles Njonjo while powerful ministers, Kambona in Tanzania and Lule in Uganda, put obstacles in the path of Community progress behind the scenes. There was at this time a substantial nationalist outlook by each of the Partner States. The Community was not a higher ideal more important than domestic concerns rather it was seen as a foreign and far off entity that, if not subjected to local politics and legal control, would hinder the Partner States internal interests. Adar and Ngunyi argue that the regional cooperation was not borne out of the realization of newly independent nations that integration was in their best interests rather it was “a colonial creation given to the East African economies almost at zero-option” (Adar and Ngunyi 1996, 16). Hazlewood (1985, 173) goes a step further by stating that the EAC was not a step forward for cooperation in the region rather it was the death knell for the cooperation that had fourished in colonial times. The countries saw themselves as economic competitors rather than partners. Personal Rivalry and Lack of Goodwill among the Heads of State At the time the “EAC I” was being established it was thought that having the heads of state as the supreme decision-making organ of the Community would give it stature and stability. Few recognized that the supremacy of the Authority would leave the Community susceptible to incapacitation by reason of the leaders’ personal rivalries being escalated into long-standing interstate disputes and animosity. Personal differences meant that the Authority did not meet from 1971 till its collapse in 1977. During this period, the secretariat tried its best to manage the affairs of the Community, getting approval from the heads of state on an individual basis. The roots of the personal acrimony between the heads of state can be traced to the Ugandan coup de etat of 1971

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Kenya Citizens’ Sovereignty, National Constitution

173

Copyright © 2020. Lexington Books. All rights reserved.

when General Idi Amin deposed Apollo Milton Obote as president. President Nyerere of Tanzania refused to recognize General Amin as head of state. Thereafter, the two refused to meet or discuss any matters of state. Issues were further complicated by President Jomo Kenyatta of Kenya’s insistence that since he was advancing in years and unable to travel long distances all meetings of the heads of state should be conducted at his private residence at Gatundu. President Nyerere fatly refused to accede to the request as he saw it as part of a wider scheme by the Kenyan president to exert his personal infuence in the region. Additionally when Kenya’s role in the Entebbe Raid of 1976 became apparent to General Amin, the relationship between himself and President Kenyatta became strained and fractured. General Amin went on to unjustifably claim part of Kenya’s territory as being rightfully part of Uganda, with the threat of resorting to military measures to effect that claim. A situation emerged whereby a high degree of animosity existed in the interpersonal relationships of the presidents. This rivalry and animosity would not have been as damaging to the existence to the Community had there been an alternative center of power which could fll the leadership vacuum left by the authority’s inability to fulfll its functions. However, no such body existed in the setup. Further the bad blood that started off as rivalry between the Heads of State was quickly disseminated by the mass media and eventually involved the populace. It has been noted that: “the Kenyan mass media subtly referred to Tanzania’s socialism as a euphemism for laziness and lack of productivity. Tanzanians referred to General (Idi) Amin as an ignorant fascist” (Gimode 1996, 18). President Nyerere, frustrated by Kenya’s insistence on free market capitalism, went on record as christening Kenya as a “man eat man society.” President Kenyatta retorted with a pointed criticism of the Ujamaa philosophy and its economic effects when he characterized Tanzania as “a man eat nothing society.” Whatever popular support existed for the community quickly evaporated as nationalism bordering on xenophobia held sway. Cold War Politics External pressures from other countries, particularly European ones, with strong links to the individual economies also played a part in the collapse of “EAC I.” There was subtle encouragement for unilateral growth and an undermining of the principle that the community should negotiate trade agreements and projects as a unit instead of as individual states. This created an atmosphere of mistrust and fostered unhealthy competition and economic self-centeredness in the community. The community did not suddenly fragment rather it slowly disintegrated. As early as 1975 Kenya had realized that the end was nigh and began transferring services from the regional realm to

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

174

PLO-Lumumba

Copyright © 2020. Lexington Books. All rights reserved.

the national level, particularly railway and harbor services. Kenya eventually pulled out in toto on June 30, 1977, ending the “EAC I.” Looking back at the “EAC I” one cannot help but wonder how these issues were allowed to fester and grow till they caused the Community’s collapse. It must be noted that in the 1960s when the Community was founded, Africa was in the throes of Pan-Africanist euphoria. At this time African leaders saw regional integration as a sine qua non to the continent’s development. Not as much emphasis was given to the practical realities of integration as to the pursuit of the ideal. The EAC I is a good example of this. The community was not the only example from the continent of Africa where idealism prevented the framers of regional integration treaties from realizing the weaknesses of the organizations they were creating. One need only look at the example of the CEAO (Community Economique de l’Afrique de l’quest) which was an attempt at creating a Francophone economic scheme to rival the Economic Community of West African States (ECOWAS). Despite the obvious duplication of effort and double membership the idealism behind CEAO held sway. Apart from the fxation of achieving the ideal of regional integration to the exclusion of preparing practical steps to ensure its success, the “EAC I” was fundamentally hindered by the lack of suffcient popular support and participation. Given that the people of East Africa share common languages and heritage, it is surprising that so little support existed for the community. Rather than viewing themselves as the pioneering members of a bold African attempt at development that would have undoubtedly enriched their lives in many respects, they preferred to associate themselves frst and foremost as citizens of countries that were at the end of the day colonial constructs in which they had no voice in the creation of. None of the problems and situations outlined above was of such magnitude as to have been able to overcome a community backed by genuine grassroots support. Without the resilience provided by the people to buttress it, the community was a tree without roots and political winds of the time promptly felled it. The Rebirth of Cooperation The collapse of the “EAC I” in 1977 did not mark the end of regional cooperation. At different levels, the countries of East Africa maintained existing economic and political links while at the same time forging new ones. A good example is the manner in which Kenyan entrepreneurs stepped into the retail and manufacturing gap left in Uganda after General Amin’s expulsion of Asian business community. Numerous Kenyan multi-national corporations expanded across the region with their manufactured goods reaching as far afeld as the Great Lakes Region (GLR). It should be noted however that while initially goods continued to move relatively easily across the internal

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Kenya Citizens’ Sovereignty, National Constitution

175

East African frontiers, the free movement of persons across the borders in the manner that had been the norm during “EAC I” was curtailed by the three governments right from the time of collapse. Attempts at stopping the fow of goods across the borders, supposedly to protect domestic industries, only served to encourage smuggling and clandestine trade commonly referred to as “magendo.” The governments were also unable to stem the infux into Kenya and Tanzania of Ugandan refugees escaping Amin’s tyrannical rule. The ouster of Amin in 1979 by Ugandan rebels supported by Tanzanian forces did little to thaw the frosty regional relations. The relationship between the new presidents: Obote of Uganda and Arap Moi of Kenya was little better than the one that had existed between their predecessors, General Amin and President Kenyatta. In the ensuing years, however, the two presidents somewhat warmed to each other. Consequently, Kenya extradited several fugitives of the Amin regime wanted by the new order in return for Uganda’s assurances that it would do more to stop cross-border cattle rustling and smuggling. This border security collaboration was in due course extended to include Tanzania. By 1984 burnt bridges had been suffciently mended such that the three presidents: Arap Moi of Kenya, Nyerere of Tanzania, and Obote of Uganda were able to sign the East African Mediation Agreement. The agreement sought to resolve the long-standing and contentious issue of dividing the assets and liabilities of the now defunct EAC I. The stage seemed set for a new phase of cooperation. However, political developments particularly in Kenya and Uganda delayed the reestablishment of regional integration. In Uganda, President Obote was overthrown in 1985 while in Kenya the mid and late-1980s signifed a period of political repression and persecution. The climate in these two countries was certainly not conducive for further integration. In the 1990s, the internal situation in the three countries was suffciently stable as to render possible further forays into regional collaboration. At a summit held in Kampala, Uganda, on November 30, 1993, East African heads of state signed an agreement establishing the Permanent Tripartite Commission (PTC) for the East African Cooperation. Full East African Cooperation operations started on March 14, 1996 when the Secretariat of the PTC was launched in Arusha, Tanzania. Considering the need to consolidate regional cooperation, the East African heads of state, at their second Summit in Arusha on April 29, 1997, directed the PTC to start the process of upgrading the agreement establishing the PTC for East African Cooperation into a Treaty. The Treaty-making process, which involved negotiations among the member states as well as wide participation of the public, was successfully concluded within three years. The Treaty for the Establishment of the EAC was signed in Arusha on November 30, 1999. The Treaty entered into force on July 7, 2000, following the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

176

PLO-Lumumba

conclusion of the process of its ratifcation and deposit of the Instruments of Ratifcation with the secretary general by all the three Partner States. Upon the entry into force of the Treaty, the EAC came into being. The Community has authority to establish other autonomous institutions of the Community. Currently, autonomous institutions of the Community include:

Copyright © 2020. Lexington Books. All rights reserved.

• Lake Victoria Basin Commission (LVBC) • Lake Victoria Development Programme (LVDP) • The East African Development Bank (EADB), • Lake Victoria Fisheries Organization (LVFO), and • The Inter-University Council for East Africa (IUCEA) The “EAC II” exhibits a more decentralized power structure than that which existed in “EAC I.” As such it is not as prone to incapacitation if the heads of state who form the Summit (the latter day equivalent of the Authority) are unable to work together because the secretariat as the executive organ of the Community has suffcient power and clout in and of itself to step into any resulting vacuum. One of the key distinctions between the two Communities is that while the CAEA was the highest Court in the legal order, with jurisdiction over criminal and civil matters the East African Court of Justice’s role is limited strictly to matters of the Community and the Treaty. It can have no impact on the validity of domestic legislation or government actions. What this shows is that the “EAC II” is taking a measured approach toward integration, based on fve-year development plans. The secretariat has been given the requisite authority to slowly promote the Community in the three states. Unlike the “EAC I” the Community of 1999 is not burdened by the heavy responsibility of providing essential services to a large population. The “EAC II” has taken the approach of a slow ceding of power and responsibility from the member states to the Community. The “EAC II” is preparing itself well for this challenge. Ultimately the Community seeks to evolve into a political unit that will replace the constituent states. The “EAC II” has shown that it has learned vital lessons from the collapse of its predecessor. The dominance of Kenya’s economy over those of her partners was one of the key reasons for the collapse of the “EAC I.” This dominance originated from the deliberate policy of the British Colonial Administration to make Kenya, as the preferred settler colony, more advanced than her neighbors. The asymmetry of gains and losses that characterized “EAC I” may very well be witnessed in EAC II. What is important is that it should not be allowed to fester into the sort of resentment and animosity that fatally wounded Community of 1967. As former president, Benjamin Mkapa

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Kenya Citizens’ Sovereignty, National Constitution

177

remarked that regional integration has to be a process of shared sacrifces, not just “take, take or win, win” as the case would be (EAC 2005, 4). Stronger economies in the Community must be ready to sacrifce more to help weaker ones. The short-term thinking that encouraged the spirit of competitiveness that undermined regional integration in the 1960s and 1970s must not be allowed to once again dog the Community. Even the mere perception of inequality in growth and development, no matter how at variance with reality it is, must be challenged because people will think and act on the basis of perceptions whether they are based on fact or not. Lack of political commitment was another reason for the collapse of the initial EAC. The “EAC II” has countered this weakness by giving the secretariat executive authority such that it is responsible for the momentum of integration. The Community has also made some efforts toward involving the people in the integration process fully aware that whatever political machinations are attempted by powerful cliques in the member states fearful of losing their power bases, the Community will survive and prosper if it has popular support. However, it must be noted that the efforts at involving a critical mass of East Africans are still very minimal undermining the prospects for eastafricanization and eastafricanness. Even within East African Parliaments “East Africanism” is not palpable. The entry of Rwanda on June 18, 2007, Burundi on June 18, 2007 and South Sudan on August 15, 2016 into the Community have had their impact. With their membership, the demands on the Community have increased. Lastly, unlike during the Cold War, foreign countries are not using divide and conquer tactics to subvert the process of integration. In fact overseas development partners contributed close to nine million U.S. dollars in 2005 as support for the Community budget. It is correct to say that the mistakes of the past frst Community have been noted by the “EAC II” and useful lessons learned, although some pessimists may posit otherwise. It is unlikely that the same issues that contributed to the downfall of “EAC I” will dog its successor. The new challenges stem from the demands and expectations of twenty-frst century integration. The “EAC II”’ has a much larger population than what the “EAC I” had. According to the World Bank, in the year 2000 the combined population of Burundi, Kenya, Rwanda, Tanzania, and Uganda stood at roughly 101.3 million people. Meeting the expectations of such a large population is an enormous challenge for the Community. On the other hand, this population is also an asset if properly harnessed. It would provide the Community with a large labor force and market for manufactured goods as well as the provision of commercial services. Legal obstacles also stand in the way of continued integration. As the decision in Okunda v R indicates that the Community is subordinate to the Constitutions of the Member States (see

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

178

PLO-Lumumba

also chapters 10, 11, and 12). It is not possible for the National Assemblies to limit the legal sovereignty of their countries in favor of the Community because the parliamentarians cannot give that which they do not have. In a series of rulings concerning the quest for a new Constitution, the Kenyan High Court sitting as a Constitutional Court has explicitly stated that the sovereignty of the Country is vested in her people and can only be transferred with their consent, for example, through referenda. Thus, a Federation would require a successful referendum vote in every member state if it were to be legal. As the recent referenda results in Europe show, efforts at regional integration are often defeated not because the populace is against the scheme per se but because they are unhappy with their domestic government. “EAC II” and the Federation that will succeed it will have to contend with the very nature of the population that makes up their territory. Over 50 percent of East Africans lives below the poverty line. There are also the issues of diseases such as HIV/AIDS and malaria, illiteracy, and high unemployment rates. An examination of the largely successful European Union (EU) should provide a useful lesson to the proposed EAC Federation. The European Unity train has moved slowly and deliberately and that is the route to take. Even as “EAC II” embarks on the ambitious program of integration political headwinds reminiscent of those that crippled “EAC I” are already emerging. Kenya and Tanzania have jousts on a number of economic issues. Burundi and Rwanda are at daggers drawn owing to accusations and counter accusations of political sabotage. Suspicious obtain between Uganda and Rwanda. South Sudan has monumental problems arising out of political feuds, which militate against internal harmony. Another major concern is United Republic of Tanzania’s membership in another regional bloc, South African Development Community (SADC) which calls into question her loyalty to EAC and her long-term goals. All these factors must be taken into cognizance even as EAC II seeks to fast-track political integration as the end game as contemplated under the Treaty. FAST-TRACKING EAST AFRICAN INTEGRATION At their Summit in August 2004, the heads of state of the EAC, “noting the strong desire of the People of East Africa for Federation now” (EAC 2004) appointed a Committee to look into the possibility of fast-tracking the integration process. This Committee was to consider ways and means to “expedite and compress the process of integration so that the ultimate goal of a Political Federation is achieved through a fast-track mechanism” (EAC 2004).

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Kenya Citizens’ Sovereignty, National Constitution

179

The Committee considered three fast-tracking options:

Copyright © 2020. Lexington Books. All rights reserved.

1. Compression of the current stages of integration; namely, Customs Union, Common Market, Monetary Union and Political Federation. 2. The immediate establishment of a Political Federation. 3. Overlapping and parallel processes of integration. The Committee considered these three options and chose to disregard the frst two, which represented extreme opposite poles of integration theory, and settled on the third middle-of-the-road option. The Committee recommended implementation of the substance of economic integration; the Customs Union, Common Market, and Monetary Union on the preagreed schedule of between 2005 and 2009. The Committee also envisaged that by January 1, 2010, a Federal president for East Africa would be in offce with a transitional period of three years following that event. During this transitional period, the mechanisms of the Federation would be put in place. The Committee’s plans indicated that they were of the view that only the bare essentials of the Federal System would have to be in place before its establishment. It is puzzling how the Heads of State determined that such desire existed in the absence of referenda to determine what the people desired. It is suggested that the Fast-tracking Committee’s timetable refected political wishful thinking and idealism rather than a practical or realistic estimation of the likely course of successful integration in East Africa. The expectation that in fve years three economies (with the possibility of two others with different traditions joining the Community at a later date) of disparate structure, institutions, and stages of development could be seamlessly integrated was not supported either by facts in their report or by an examination of the history of similar enterprises around the world. What was expected from the fast-tracking process in fve years is what it took Europe ffty years to achieve with more resources, both in terms of fnancing and human expertise. An appreciation of the size of the task ahead if the Community was to embark on fast-tracking could be gained by examining the prospect of a Monetary Union by 2009. A Monetary Union would entail either a single East African currency or if the existing currencies are retained they would be fully convertible at immutably fxed exchange rates, both in relation to each other and to other world currencies. The exchange rate cannot be chosen at random; it would have to be ascertained from careful consideration of the economic situation of East Africa as it affects all industries in the three countries and after a unitary monetary policy had been decided. The wrangling over how to come to a single exchange rate in Europe led to the United Kingdom opting

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

180

PLO-Lumumba

out of the Euro and the subsequent boom that it has experienced in relation to her EU partners is ample evidence that the rigidity of having countries with unique economic realities bound by the same monetary policy is often inimical to economic growth in the short-term. While the EU has the wealth to weather this storm of the signifcant economic diffculties that would result from a Monetary Union in the short time could cause serious, maybe permanent damage to the much more fragile East African economies. Let us not forget that even then Uganda had not fully recovered from the poor monetary policies of the Amin Era. Similarly, the excessive money printing that preceded the 1992 general elections in Kenya led to infationary pressures that were still shackling the economy over two decades later. The lessons of the 1960s efforts at economic integration must be remembered. Kenya’s Philip Ndegwa argued as early as 1968 that economic integration is best achieved on a sectoral basis and that time must be given to allow the different stages of economic integration to be absorbed into the partner countries. Economic integration can rightly be analogized with building a skyscraper. When one builds a foor, they must give the cement time to harden before adding subsequent levels onto it. If too much is done too soon, the building collapses as it has no stability. A more realistic timeframe would be economic integration over at least ffteen to twenty years. Anything less than that is unrealistic. Fifteen to twenty years may seem like a long time, but it is worth bearing in mind Rwanda, Burundi, and South Sudan, who have become partner members of the Community, have different economic traditions from the other East African states and this period of time would give the Community an opportunity to harmonize the six economies while pursuing a parallel integration process.

Copyright © 2020. Lexington Books. All rights reserved.

SOVEREIGNTY AND EAST AFRICAN COMMUNITY TREATY The Constitution of Kenya 2010 provides for sovereign power under chapter 1. Closely related to the concept of sovereignty is the “territorial principle,” because sovereignty is exercised within a given geographical area, a defned territory is one of the attributes of a state. Sovereignty is the quality of supremacy and authority over others and/or in respect of certain things. In legal theory, sovereignty is an important dimension of the international relations of states. Each state in international law is sovereign and relates to others as such. Sovereignty in its internal aspects is concerned with the bearer of supreme authority within the state. This may be an individual or a collective unit. It refers to the quality of supremacy in respect to certain competencies, for example, making the law. In contemporary political-legal lexion

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Kenya Citizens’ Sovereignty, National Constitution

181

sovereignty is seen as the supremacy of the state, the totality of supreme rights belonging to the state as embodied in its supreme organs within the state and abroad. The state as a collection of individuals must possess certain legal capacity, rights, competence, and immunity. As an analogy with individuals, states participate in the society of nations on condition that their autonomy is not impaired. Consequently, the idea of state competence and autonomy has since the nineteenth century been summed up in two principles namely independence and equality. The EAC is largely subject to the laws of the Partner States, a fortiori, political goodwill from the member states coupled with the citizens’ consent is essential toward success of integration which would defnitely impinge on each of the member states sovereignty.

Copyright © 2020. Lexington Books. All rights reserved.

CONCLUSION This chapter has demonstrated through a synoptic survey that while the EAC Treaty envisaged integration, the Constitution of Kenya 2010 just like the Constitution it replaced still places great premium on sovereignty in emphatic terms. It is noteworthy that while many institutions including the East African Legislation Assembly (EALA) have been established under the Treaty, their relationship with domestic institutions renders EAC organs subordinate and “ipso facto” ineffectual. It is equally noteworthy that citizens of member states do not participate in the elections of the members of the Assembly. The net effect is that EALA and other organs of the EAC still remain remote and largely alien to the citizenry. In the upshot, it is possible that sovereignty attended by atavistic jingoism will still stand in the way of East African Federation. Extant evidence also reveals that events have taken place in member countries which may delay or defeat the integration project. The most obvious have been amendment of constitutions, in Uganda (2005), Burundi (2015), and Rwanda (2018) to remove term limits for their presidents. These developments may appear tangential on a cursory examination, but they suggest that political approaches may lead to greater fdelity to sovereignty to the detriment of the intended integration. Another important concern is United Republic of Tanzania’s membership in SADC a regional bloc whose objectives are potentially confictual with those of EAC. An examination of the timetable set by the Fast-Tracking Committee in its report clearly shows that it may have been rendered otiose because none of its prescriptions have been met todate which may suggest diminished appetite for integration. All the factors aforementioned conjoined strongly suggest that EAC II Treaty begs for amendment to address the issues that might torpedo integration.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

182

PLO-Lumumba

REFERENCES Adar, K. G., and G. M. Ngunyi. 1996. The Politics of Integration in East Africa since Independence in Leading Issues in Politics and Administration in East Africa. Nairobi: Longman. Balasa, B. 1961. The Theory of Economic Integration. London: George Allen & Unwin. Banfeld, J. 1968. The Structure of the East African Common Services Organization. In Politics of Integration: An East African Documentary. Nairobi: East African Publishing House. EAC. 2004. Joint Communiqué of the Heads of State at 3rd Extraordinary Summit of Heads of State of the East African Community. Dar es Salaam, Tanzania: East African Community Secretariat. EAC. 2005. “The Community.” Magazine of the East African Community, no. 4: 4. Gimode, E. A. 1996. Attempts at Economic Integration in East Africa: Memories, Problems and Prospects 4th Historical Association of Kenya Symposium. Nairobi: Kenyatta University. Hansungule, M. 2003. “Kenya’s Unsteady March Towards the Lane of Constitutionalism.” University of Nairobi Law Journal 1: 43. Hazlewood, A. 1985. “The End of the East African Community: What Are the Lessons For Regional Integration Schemes?” In The Future of Regionalism in Africa, edited by R. Onwaka and A. Sessay, 40–58. London: Macmillan. Mazzeo, D. 1984. African Regional Organizations. Cambridge: Cambridge University Press. Ochwada, H. 2004. “Rethinking East African Integration: From Economic to Political and from State to Civil Society.” African Development XXIX, no. 2: 66–67. Ormsby-Gore, M. P. 1925. Report of the East Africa Commission. London: His Majesty’s Stationery Offce.

Copyright © 2020. Lexington Books. All rights reserved.

CASES Okunda-v-Republic (1970) EA 453.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 10

Rwanda Citizens’ Sovereignty, National Constitution, and the EAC Treaty Nexus Andre Mbata Mangu

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION The Organisation of African Unity (OAU) was replaced with the African Union (AU) whose Constitutive Act was adopted by the heads of state or Government of OAU member states during their summit held in Lome, Togo, on July 11, 2000 (AU Constitutive Act 2001). The AU Constitutive Act entered into force on May 26, 2001. The primary objective of the AU is to “achieve greater unity and solidarity between the African countries and the peoples of Africa” (AU Constitutive Act 2001, Article 3(a)). Unlike the OAU Charter, the AU Constitutive Act expressly refers to African integration as another important objective of the AU is to “accelerate the political and socio-economic integration of the continent” (AU Constitutive Act 2001, Article 3(c)). After gaining its full independence from Belgium on July 1, 1962, Rwanda joined the OAU which was founded on May 26, 1963, by the newly African independent states and whose primary objectives were “to promote the unity and solidarity of the African states” and “to co-ordinate and intensify their cooperation and efforts to achieve a better life for the peoples of Africa” (OAU Charter 1963, Article 2). Regional integration was one of the top priorities on the OAU agenda since the late 1980s when OAU member states regrouped into eight regional economic communities (RECs), namely the Economic Community of Central African States (ECCAS), the Economic Community of West African States (ECOWAS), the Community of Sahel-Saharan States (CEN-SAD), the Union of Arab Maghreb (UMA), East African Community (EAC), 183

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

184

Andre Mbata Mangu

Common Market for Eastern and Southern Africa (COMESA), Southern Africa Development Community (SADC), and Intergovernmental Authority on Development (IGAD) (Mangu 2018a, 134; Idem 2018b, 163; 2017, 77). When the AU Constitutive Act was adopted, the Rwandan people were still struggling with the aftermaths of genocide, which was mainly perpetrated against the Tutsi in 1994 and devastated the “Thousand Hill Country,” as it “decimated more than a million sons and daughters of Rwanda” (Rwandan Constitution 2003, Preamble). The magnitude of the crime was such that the international community swiftly moved on to establish the International Criminal Tribunal for Rwanda (ICTR) to prosecute and judge the main responsible for this crime. ICTR was a United Nations (UN) ad hoc international tribunal modelled on the International Criminal Tribunal for former Yugoslavia (ICTY) where genocide, war crimes, and crimes against humanity had been also committed in the early 1990s. On July 1, 2007, the date on which the country celebrated its forty-fve years of independence, amid preparations for the thirteen commemoration of genocide committed against Tutsi in July 1994, Rwanda accessed to the Treaty establishing the EAC, which had been signed by Kenya, Uganda, and United Republic of Tanzania on November 30, 1999, and entered into force on July 7, 2000. The Treaty was amended on December 14, 2006, and August 20, 2007 (EAC Treaty 2002). Since then Rwanda has been an active member or “Partner State” (EAC Treaty 2002, Article 2 (1) & (3)) of the Community. In February 2019, Rwanda’s president Paul Kagame was elected the chairperson of the EAC. The EAC is one of the most advanced RECs with regard to regional integration. However, it still has a long way to go achieving regional integration, as compared to the ECOWAS, which provides the strongest nexus between the sovereignty of the member states’ citizens, their national constitutions, and ECOWAS Treaty. This chapter refects on Rwanda citizens’ sovereignty, the national Constitution, and the EAC Treaty. It will frst introduce to Rwanda, the state and its people. It then deals with the Rwandan Constitution and citizens’ sovereignty and on the one hand and the Rwandan Constitution and the EAC Treaty on the other hand. It also refects on Rwandan citizens’ participation in the EAC through the East African Legislative Assembly (EALA) and ends with a brief conclusion that highlights some reforms that are required to ensure that EAC become a more “people-driven” organization as required by its founding Treaty (EAC Treaty 2002, Article 7(1) (a)). This is a predominantly legal study aimed at advancing the ongoing debate on the need for a more peoplecentered and driven EAC.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Rwanda Citizens’ Sovereignty, National Constitution

185

Rwanda is a landlocked country located in the African Great Lakes Region. It is bordered by the Democratic Republic of Congo (DRC) in the East, Burundi in the South, Tanzania in the East, and Uganda in the North. It belongs both to central and East Africa. With a territory of 26,338 square kilometres, Rwanda is one of the smallest African countries. Rwanda used to be independent from the middle of the ffteenth century until it became part of German East Africa along Burundi and Tanganyika in 1895. Following the defeat of Germany during World War I (1914–1918), the Versailles Treaty assigned Ruanda-Urundi to Belgian rule. On July 20, 1922, Rwanda and Urundi were placed under a League of Nations Mandate and governed by Belgium, which already colonized the DRC. In 1945, it became a UN Trust Territory under Belgian Administration. Rwanda gained its independence from Belgium on July 1, 1962 (Mangu 2007, 764–765). With a population of around twelve, twenty-one million people (2017 estimate, density of more than 450 per square kilometre), Rwanda is one of the most densely populated countries on the African continent. Two main ethnic groups, namely the Hutu (the majority, around 84%) and the Tutsi (around 15%), occupy the Rwandan territory. The Twa constitute the third ethnic group (1%). Despite being the most marginalized group, the Twa have attracted little attention from the international community because of their insignifcant number. The Rwandan people speak a common language, namely Kinyarwanda, and the overwhelming majority are Christian. The postcolonial history of Rwanda has been marred with coups d’état, authoritarian regimes, armed, and ethnic conficts. The Tutsi ruled Rwanda from the colonial era until the monarchy was abolished in 1961. In 1973, Major General Juvenal Habyalimana successfully led a coup and established the Second Republic. In October 1990, the Rwandan Patriotic Front (RPR), a liberation movement mostly composed of Tutsi refugees, began a civil war to unseat the Hutu government of President Juvenal Habyalimana. On April 6, 1994, the plane carrying President Habyalimana of Rwanda and President Ntaryamira of Burundi was shot down when it was about to land at airport of Kigali in Rwanda. Habyalimana’s assassination was blamed on the Tutsi opposition of the RPR. Within hours of the plane crash, Hutu militia and elements in the army went on a rampage, killing in the ensuing 100 days about one million people. Several hundred people were displaced across the country or forced to go into exile in foreign

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

186

Andre Mbata Mangu

countries, especially in the neighboring Burundi and DRC. The RPR ended genocide when they accessed power by a military coup d’état in July 1994 and established an interim regime under the 1993 Arusha Accords (Mangu 2007, 765). The transitional regime ended when Rwanda adopted a new Constitution.

Copyright © 2020. Lexington Books. All rights reserved.

RWANDAN CONSTITUTION AND CITIZENS’ SOVEREIGNTY Rwanda adopted its frst Constitution on November 24, 1962. This Constitution abolished the Mwami regime (monarchy) and established a democratic, social, and sovereign Republic. Under President Habyalimana, Rwanda adopted a second Constitution on December 17, 1978. This Constitution established a single party, which was abolished by the Constitution adopted on June 10, 1991. For more than a decade, Rwanda was under a transitional constitutional arrangement provided by the 1993 Arusha Accords. (Mangu 2007, 765) The country entered a new political era in 2003 when a draft Constitution was approved by Parliament and adopted during referendum by 93 percent of the voters. This Constitution, which was enacted on June 4, 2003, changed the country’s offcial name from “Rwandese Republic” to “Republic of Rwanda.” The 2003 Constitution was meant to be a “home-grown” Constitution that refected the views of the entire population and responded to Rwanda’s specifc needs. It was amended by referendum held on December 18, 2015, which allowed President Paul Kagame to run for a third term in 2017 and shortened presidential terms from seven to fve years, although the latter change would not come into effect until 2024 (Constitution of Rwanda 2015, Article 172). These amendments were approved by an exceptional majority of around 98 percent of voters. The frst chapter of the Constitution deals with “Sovereignty of Rwandans and the Supremacy of the Constitution.” The Constitution provides that all power derives from Rwandans and is exercised in accordance with this Constitution. No individual or section of the people can arrogate to themselves the exercise of power. National sovereignty belongs to Rwandans who exercise it directly by means of referendum, elections, or through their representatives (Constitution of Rwanda 2015, Article 1). In terms of the Constitution, suffrage is universal and equal for all Rwandans. All Rwandans, both men and women, fulflling the requirements provided for by law, have the right to vote and to be elected. Suffrage is direct or indirect and secret, unless the Constitution or any other law provides otherwise. An organic law governing elections determines the conditions and

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Rwanda Citizens’ Sovereignty, National Constitution

187

Copyright © 2020. Lexington Books. All rights reserved.

modalities for conducting elections (Constitution of Rwanda 2015, Article 2). The Constitution itself is the supreme law of the country. Any law, decision, or act contrary to this Constitution is without effect (Constitution of Rwanda 2015, Article 3). The frst chapter of the Constitution puts it clear that there is a close link between Rwandan citizens’ sovereignty, electoral democracy, and the national Constitution. The second chapter of the Constitution deals with the Republic of Rwanda. It starts with a provision which relates to both Rwandan State’s sovereignty and citizens’ sovereignty, making the latter prevail over the frst. The founding principle of the Republic of Rwanda and therefore Rwandan sovereignty is “Government of Rwandans, by Rwandans and for Rwandans” (Constitution of Rwanda 2015, Article 4), which refers to citizens’ sovereignty or “the government of the people, by the people and for the people” as democracy is generally defned following the famous Gettysburg Address delivered by US president Abraham Lincoln on November 19, 1863 (Mangu 2018a, 127). In terms of the Constitution, Rwanda as an independent State may enter into “international treaties and agreements” with other states or international organizations (Constitution of Rwanda 2015, chapter X). These international treaties and agreements are negotiated, signed, and ratifed by the president of the Republic. International treaties and agreements concerning armistice, peace, commerce, accession to international organizations, those which commit state fnances, those requiring modifcation of national legislation or relating to the status of persons can only be ratifed after approval by Parliament. Treaties and agreements ceding or exchanging part of the territory of Rwanda or adding a territory of another country to Rwanda cannot be ratifed without the consent of Rwandans through a referendum (Constitution of Rwanda 2015, Article 167). THE RWANDAN CONSTITUTION AND THE EAC TREATY According to the Statute of the International Court of Justice (ICJ), which is annexed to the UN Charter and has become the conventional reference to the matter, the sources of international law include international treaties, international custom, general principles of law, and the decisions of international courts and the writings of the most highly qualifed publicists from among nations (ICJ Statute 1945, Article 38(1)). The EAC Treaty is therefore one of the sources of international law, while the Rwandan Constitution is the primary source of domestic law in Rwanda. The nexus between international and domestic law needs to be examined prior to interrogating the one between the Rwandan Constitution and the EAC Treaty.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

188

Andre Mbata Mangu

INTERNATIONAL LAW AND DOMESTIC LAW Two main theories were developed regarding the relationship between international and domestic law, namely monism and dualism. The dualist approach, as developed by Van Bynkershoek, Triepel, Anzilotti, and Lauterpacht, maintains that international law is different from domestic law (Dugard 2000, 43; Mangu 2002, 160). Apart from some executive agreements which do not require ratifcation and come into operation directly after the signing, for a Treaty or an international agreement to apply into domestic law, it must frst be signed and ratifed by the competent national authority, usually the head of state, her or his delegate. Once a Treaty or an international agreement has been ratifed, it must be transformed into domestic law by ordinary legislation. Former British colonies which inherited from Anglo-American law are generally dualist. This is the case of EAC member states such as Kenya, Uganda, and Tanzania where the EAC Treaty had to be transformed into domestic law after its signing and ratifcation. On the other hand, the monist school with as leading exponents Grotius, Kelsen, Verdross, and Scelle maintains that “international law and municipal law, far from being essentially different, must be regarded as manifestations of a single conception of law” (Dugard 2000, 43; Mangu 2002, 159). Once a Treaty or an international agreement has been signed, ratifed, and published, it is automatically incorporated into domestic law. Former French, Belgian, Spanish, and Portuguese colonies which inherited from Roman-Dutch law are generally monist. This is the case of EAC member states like Burundi and Rwanda.

Copyright © 2020. Lexington Books. All rights reserved.

INTERNATIONAL LAW, THE EAC TREATY, AND RWANDAN DOMESTIC LAW The Rwandan Constitution deals with the relationship between international treaties or agreements and domestic law as well as the hierarchy of laws. The Constitution provides that upon publication in the Offcial Gazette, international treaties, and agreements, which have been duly ratifed or approved have the force of law as national legislation in accordance with the hierarchy of laws provided for under the frst paragraph of Article 95 of this Constitution. (Constitution of Rwanda 2015, Article 168). With regard to the relationship between international and domestic law, Rwanda is therefore a monist country but adopts some features of dualism with regard to the hierarchy of laws. Unlike other African monist countries where international treaties and agreements duly ratifed or approved are inferior to the Constitution but

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Rwanda Citizens’ Sovereignty, National Constitution

189

superior to any Acts of Parliament, including organic laws, their status is lower status under the Rwandan Constitution where they are inferior to the Constitution and also to any organic law. Where a Treaty or an international agreement contains provisions which confict with the Constitution or an organic law, the power to ratify or approve that Treaty or international agreement cannot be exercised until the Constitution or the organic law has been amended (Constitution of Rwanda 2015, Article 170). The EAC Treaty is law in Rwanda and Rwanda is bound to comply with it despite its status being lower than that of an organic law. RWANDAN CITIZENS’ PARTICIPATION IN THE EAC East African citizens in general and Rwandan citizens in particular do not fully participate in the EAC which continues to operate as an intergovernmental organization rather than a community like several other RECs. The EALA is the EAC Parliament (EAC Treaty 2002: Articles 9(1) (f), (48–65)). Out of the seven RECs, the EAC is not the only one to have a legislative assembly. ECOWAS also has one named the “Community Parliament” (ECOWAS Revised Treaty 1993; ECOWAS Parliament Protocol 1994). It is worth comparing EALA to the Community Parliament or the “Assembly of the Peoples of the Community” to assess citizens’ participation.

Copyright © 2020. Lexington Books. All rights reserved.

THE EALA The EALA consists of nine members elected by each Partner State and exoffcio-members who are the ministers responsible for EAC affairs from each Partner State or in their absence by their assistant ministers, deputy ministers, or minister of state. The secretary general and the Counsel to the Community are also ex-offcio members of the EALA (EAC 2002, Article 48(1)). The nine members of the EALA representing each Partner State are elected by the National Assemblies. They should represent as much as it is feasible, the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups in that Partner State, in accordance with such procedure as the National Assembly of each Partner State may determine (EAC Treaty 2002, Article 50). To qualify as a member of the EALA, a person must be a citizen of a Partner State, he or she must qualify to be elected a member of the National Assembly of that Partner State under its Constitution, should not be holding offce as a minister, should not be an offcer in the service of the Community and should have experience or interest in consolidating and furthering the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

190

Andre Mbata Mangu

Copyright © 2020. Lexington Books. All rights reserved.

aims and objectives of the Community (EAC Treaty 2002, Article 50). Members of the EALA are elected for fve years and eligible for reelection once (EAC Treaty 2002, Article 51). The EALA is the legislative organ of the Community. It is competent to debate and approve the budget of the EAC, consider reports on the activities of the Community referred to it by the Council, discuss all matters pertaining to the Community and make recommendations to the Council for the implementation of the Treaty and perform any other functions as are conferred upon it by the Treaty. The Speaker presides over the EALA and takes part in its proceedings in accordance with its rules of procedure (EAC Treaty 2002, Article 49). There is a strong relationship between EALA and the National Assembly of each Partner State. First, the nine non-ex-offcio members of the EALA are elected by the National Assembly of each Partner State (EAC Treaty 2002, Article 50). Any question that may arise whether any person is an elected member of the Assembly or whether any seat on the Assembly is vacant will be determined by the institution of the Partner State that determines questions of the election of members of the National Assembly responsible for the election in question. The National Assembly of the Partner State notifes the Speaker of the EALA (EAC Treaty 2002, Article 52). In pursuance of the policy of popular participation of the EALA in the achievement of its objectives and to foster cooperation between the EALA and the National Assemblies of the Partner States, the clerk of the EALA will transmit copies of the records of all relevant debates to be laid before the National Assemblies by the respective ministers responsible for EAC affairs. On the other hand, the clerks of the National Assemblies will transmit to the clerk of the EALA copies of the records of all relevant debates of the meetings of the National Assemblies (EAC Treaty 2002, Article 65). COMMUNITY PARLIAMENT The Community Parliament or the “Assembly of the Peoples of the Community” (ECOWAS Revised Treaty 1993, Article 2) is one of the main organs of ECOWAS, which consists of sixteen member states, namely Benin, Burkina Faso, Cape Verde, Cote d’Ivoire, Gambia, Ghana, Guinea Bissau, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, and Togo. The ECOWAS Treaty provided that a protocol would deal with the organization and functioning of its Parliament (ECOWAS Revised Treaty 1993, Articles 6 (1) & (13)). This protocol was signed in Abuja, Nigeria, by ECOWAS heads of state and government on August 6, 1994 (ECOWAS

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Rwanda Citizens’ Sovereignty, National Constitution

191

Parliament Protocol 1994). Members of the Parliament are deemed to represent all the peoples of the Community. They are known as “Representatives” (ECOWAS Parliament Protocol 1994, Article 2). The House of Representatives is named: “Community Parliament” (ECOWAS Parliament Protocol 1994, Article 3). Community Parliament is composed of one hundred and twenty seats. Each member has a guaranteed minimum of fve seats. The remaining forty seats are shared on the basis of population (ECOWAS Parliament Protocol 1994, Article 5). Accordingly, the states with the highest number of representatives are Nigeria (thirty-fve), Ghana (eight), Cote d’Ivoire (seven), Senegal (six), Mali (six), Niger (six), Guinea (six), and Burkina Faso (six). Whenever necessary, the number and distribution of seats shall be renewed by the Authority of Heads of State and Government on its own initiative or on the recommendation of the Parliament (ECOWAS Parliament Protocol 1994, Article 5). Citizens’ sovereignty is frst of all a human rights issue. No Parliament, whether national or regional, has human rights at the core of its competence as the Community Parliament. The protocol relating to the Community Parliament provides that the Parliament may consider any matter concerning the Community, in particular issues relating to Human Rights and Fundamental Freedoms and make recommendations to the Institutions and Organs of the Community (ECOWAS Parliament Protocol 1994, Article 6(1)). Unlike the members of the EALA who are elected to represent the Parliaments of the Partner States and therefore indirectly by the people, members of the Community Parliament, representatives, and their alternates are elected by direct universal suffrage by citizens of member states (ECOWAS Parliament Protocol 1994, Article 7 (1)). They are elected for a period of fve years renewable. Pending the time members of Parliament are elected by direct universal suffrage, the National Assemblies of member states or their equivalent institutions or organs shall elect such members from among themselves. This transitional period came to an end and representatives are now elected by direct universal suffrage by citizens of member states. From this perspective, EALA is still at the transitional stage of the Community Parliament. The written declaration signed by the representatives before assuming duties demonstrates that ECOWAS Parliament is a people or a citizens’ Parliament rather than a Partner States’ Parliament like the EALA. The representatives declare on their honor that they will faithfully serve the interest of the peoples of the Community and that they will not submit to any direct or indirect pressures from any member state or group. This declaration signed by every Representative is recorded in the proceedings of the Parliament and may be referred to as and when necessary (ECOWAS Parliament Protocol 1994, Article 8).

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

192

Andre Mbata Mangu

The representatives enjoy parliamentary immunity in all the member states of the Community and are paid a parliamentary allowance which is fxed by the authority (ECOWAS Parliament Protocol 1994, Articles 9 & 10). The members of Parliament shall vote personally and on their own conviction. They shall not be bound by any instructions or mandate. The Rules of Procedure of the Parliament exceptionally authorize the delegation of vote. Where this is done, no one shall be allowed to be delegated for more than one mandate (ECOWAS Parliament Protocol 1994, Article 11). The Community Parliament is presided over by the Bureau comprising of a Speaker, Deputy Speakers, Treasurers and Parliamentary Secretaries (b). With the exception of the Speaker, members of the Bureau are elected for a period of one year. They are eligible for reelection. The Speaker directs the business of the Parliament and its organs. He presides over meetings and conducts the debates in accordance with the provisions of the Rules of Procedure (ECOWAS Parliament Protocol 1994, Articles 15 & 16). In comparing the EALA to the Community Parliament, it is clear that the latter is more representing of the people than the frst and people’s sovereignty in ECOWAS is greater than in EAC. With the election of its members by universal suffrage, the people participate more actively in ECOWAS Parliament than in the EALA whose members are rather elected by Parliaments of Partner States.

Copyright © 2020. Lexington Books. All rights reserved.

CONCLUSION Adopted by referendum, the Constitution of Rwanda resulted from the exercise of Rwandan citizens’ sovereignty that it also protects. On the other hand, the Constitution contains a chapter on international treaties and agreements such as the EAC Treaty. The president of the Republic is entitled to sign and ratify international treaties and agreements. The ratifcation of some of these international treaties and agreements is subjected to Parliament’s approval or popular referendum when these international treaties and agreements are not just prohibited. The nexus between Rwandan citizens’ sovereignty and the EAC cannot be denied. Citizens’ sovereignty also manifested through Rwanda’s accession to the EAC Treaty and participation in Community’s organs such as the EALA. However, this nexus still leave much to be desired. Reforms are therefore required to promote the integration of people rather than interconnection between Partner States and ensure that East African citizens in general and Rwandan citizens in particular fully participate in the EAC. Despite the name, it has been given and some public pronouncements, the EAC is not a “Community” as yet. It continues to operate as

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Rwanda Citizens’ Sovereignty, National Constitution

193

an intergovernmental organization or an association of states rather than a community of peoples who are denied their sovereign rights or marginalized in the integration process. Under these conditions, the sovereignty of the peoples’ of Partner States like Rwanda over the EAC remains marginal. There is no genuine link between East African peoples and their direct participation in the East African regional integration and democratization process, which still remains a top-down and elite-driven, state-centered, and not people-centered process as required by the EAC Treaty (EAC Treaty 2002, Article 7(1) (a)). With this end in view, the EAC Treaty should be amended at least in two different ways. A frst amendment should relate to the aims and principles of the EAC. The EAC should aim at establishing a community of peoples rather than a mere association or partnership of states. A second amendment should concern the EALA to make it a really Community Parliament. It should also deal with its mandate as an oversight body and its composition. As for the Community Parliament, the members of the EALA should be elected by universal suffrage for them to become legitimate representatives of the people instead of them being elected by the National Assemblies of the Partner States. At the domestic level, national constitutions of the Partner States should be amended in line with the EAC Treaty to accelerate regional integration and democratization within the EAC. The EAC and its Treaty should be given a pride of place in the national constitutions instead of being seen as any international Treaty or agreement. The EAC Treaty should be amended to make it speak to each national Constitution and vice-versa about democratization and integration. Democratization at the domestic level also calls for democratization at the regional level and vice-versa. The EAC Treaty does not emphasize the Community and the sovereignty of member states’ peoples as much the ECOWAS Treaty and the protocol relating to the Community Parliament. This protocol refers to ECOWAS member states’ citizens as the “Community citizens” and to the Community Parliament as the “Assembly of the Peoples of the Community.” Unlike the members of the EALA who represent their states, the representatives of the Community Parliament who are elected by direct universal suffrage by citizens of member states commit to “faithfully serve the interest of the peoples of the Community and not submit to any direct or indirect pressures from any Member State or group.” Reforms are required to make EALA a Peoples’ Parliament and the best way to do it is to take it to the sovereign people of East Africa. This would contribute to strengthening the nexus between citizens’ sovereignty, national constitutions and the EAC, which has been lagging behind another African REC like ECOWAS in terms of integration and democratization.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

194

Andre Mbata Mangu

The European Union is a case that helps understand the nexus between democratic constitutions, citizens-sovereignty, and genuine regional integration on the one hand and between democratization and integration on the other hand. Countries governed by democratic constitutions that guarantee citizens’ sovereignty also tend to favor regional integration. More integrated regions are also those where countries are governed by democratic constitutions and which have made progress in recognizing the sovereignty of their people. Both in terms of regional integration and democratization, ECOWAS has made some progress as compared to RECs like SADC and ECCAS, but is lagging behind ECOWAS where most countries are governed by democratic institutions which protect the rights of their people. At the end of the day, all RECs, including the EAC, are groupings under the AU Constitutive Act. The aim is to achieve democratization and integration of the entire African continent and a “union or community of African peoples” is preferable to a club of leaders or an association of African states. We may start building a truly integrated and democratized EAC and EALA, but an integrated Africa or a Community of African peoples with an African Parliament as an African Peoples’ Parliament—not of states as it still stands today—is rightly envisioned among the seven aspirations of the African peoples in the AU Agenda for 2063—Africa We Want (AU Agenda 2063; Mangu 2018a, 146; Idem 2018b, 176). It is interesting to note that some national constitutions have included in their chapters related to international agreements an important provision on the need to realize African unity through subregional or regional integration. Accordingly, the Constitution of Benin of 1990 provides that “the Republic of Benin, anxious to realize African unity, may conclude any agreement of sub-regional or regional integration in accordance with Article 145” (Constitution of Benin 1990, Article 149). The Constitution of Niger provides that “the Republic of Niger may conclude with any African State agreements of association or community involving partial or total abandonment of sovereignty in order to achieve African Unity” (Constitution of Niger, Article 172). A similar provision can be found in the 2006 Constitution of the DRC (Article 217). Unlike the constitutions of Benin, Niger, DRC, and several other African countries, the current Constitution of the Republic of Rwanda does not expressly refer to Africa or African unity. However, Rwanda is a member state of the AU, EAC and a number of African organizations. Its Constitution provides that Rwanda can enter treaties and agreements ceding or exchanging part of the territory or adding a territory of another country to Rwanda but such treaties and agreements should be ratifed with the consent of Rwandans through a referendum (Constitution of 2003 as amended in 2015, Article 167).

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Rwanda Citizens’ Sovereignty, National Constitution

195

Copyright © 2020. Lexington Books. All rights reserved.

REFERENCES African Union (AU) Constitutive Act, at https​://au​.int/​sites​/defa​ult/f​i les/​treat​ies/7​ 758-Treaty​-0021​_-_co​nstit​utive​_act_​of_th​e_afr​ican_​union​_e.pd​f. Constitution of Rwanda 2015, https​://ww​w.con​stitu​tepro​ject.​org/c​onsti​tutio​n/Rwa​ nda_2​010.p​df. Constitution of the Republic of Benin of 1990. Constitution of the 7th Republic of Niger. Constitution of the Democratic Republic of Congo of 2006. Dugard, J. 2000. International Law: A South African Perspective. 2nd ed. Johannesburg: Juta & Co. EAC Treaty 2002. ECOWAS Revised Treaty relating to the establishment of the Community Parliament of 24 July 1993. ECOWAS Parliament Protocol 1994. International Court of Justice (ICJ) Statute of 1945. Mangu, Mbata A. 2002. The Road to Constitutionalism and Democracy in Postcolonial Africa: The Case of the Democratic Republic of Congo. LLD Thesis, University of South Africa. Mangu, Mbata A. 2007. “Rwanda.” In Encyclopaedia of World Constitutions, edited by Robbers, 764–767. New York: Facts on File. Mangu, Mbata Andre. 2017. “Unconstitutional Changes of Governments’ and Limitations to African Union/Regional Economic Communities’ Responses.” In Checks and Balances: African Constitutions and Democracy in the 21st Century, edited by G. Materson and M. Meirotti, 77–88. Johannesburg: EISA. Mangu, Mbata A. 2018a. “The Role of the African Union and Regional Economic Communities in the Implementation of the African Charter on Democracy, Elections and Governance.” African Journal of Democracy and Governance 5, no. 3: 125–152. Mangu, Mbata A. 2018b. “Le rôle de l’Union africaine et des Communautés économiques régionales dans la mise en œuvre de la Charte africaine de la démocratie, des élections et de la gouvernance.” Revue africaine de la démocratie et de la gouvernance 5, no. 3: 153–182. Organisation of African Unity (OAU) Charter of 25 May 1963.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 11

Tanzania Citizens’ Sovereignty, National Constitution, and the EAC Treaty Nexus Petro Protas and Juliana Masabo

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION More often, Regional Economic Communities (RECs) tend to provoke pertinent constitutional issues. Of utmost importance is the rapport between regional law and national law as drivers of the regional development agenda. This chapter interrogates the interaction between the Treaty for the Establishment of the East African Community, 1999 (The EAC Treaty) and the Constitution of the United Republic of Tanzania, 1977 (Tanzanian Constitution). In particular, it examines the synergy between the concept of citizens’ sovereignty as enshrined in Tanzanian Constitution on the one hand and the EAC Treaty on the other hand. The examination dwells on establishing whether such a link enables Tanzanians to effectively assert their sovereignty over the institutions of EAC in line with the spirit of EAC’s “people-centered community.” Considering that Tanzania is a product of the union of the then two independent states, Tanganyika and Zanzibar, the Constitution of Zanzibar of 1984 as amended in 2010 is also discussed. THE RELATIONSHIP BETWEEN THE TANZANIA CONSTITUTION AND THE EAC TREATY A better understanding of the rapport between the EAC Treaty and the Constitution of the United Republic of Tanzania is critical to the appreciation of the concept of citizens’ sovereignty as portrayed in these two legal instruments. It is also equally pertinent to navigate Tanzania’s constitutional structure which is peculiar to that of fellow EAC’s Partner States. 197

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

198

Petro Protas and Juliana Masabo

TANZANIA’S CONSTITUTIONAL STRUCTURE

Copyright © 2020. Lexington Books. All rights reserved.

Tanzania is a unitary state born out of the union between two former independent states, Tanganyika and Zanzibar which united in April 26, 1964. The architects of the union preferred two-tier governments constituted of the Union government (UG) and the Revolutionary Government of Zanzibar (Nyerere 1995, 34). Each of the two governments has exclusive jurisdiction in its own sphere (TZCA 2008). The UG exercises full authority with respect to all union matters—matters which concern both sides of the Union as listed under the First Schedule to Constitution and all other matters pertaining to Mainland Tanzania. The Revolutionary Government of Zanzibar, on the other hand, has executive authority with respect to all non-union matters concerning Zanzibar (URT 1977). This design had impact on the constitutional structure. There are currently two coexisting constitutions: the Union Constitution that caters for union matters and matters pertaining to Mainland Tanzania (URT 1977) and the Constitution of Zanzibar, 1984, that caters for matters exclusive to Zanzibar. Under this framework international affairs are a preserve of the UG under whose jurisdiction international sovereignty rests (URT 1977). Although Zanzibar unlike Tanganyika retained some autonomy including her Constitution, she cannot enter into international relation even on matters not listed under union matters because both Tanganyika and Zanzibar surrendered their Treaty-making power to UG on the Union day. Tanganyika and Zanzibar also relinquished their mandate over citizenship which was effectively from the Union Day elevated to the level of union matters (URT 1977). Matters pertaining to citizenship are consequently regulated by the Citizenship Act, 1995, which is a union law. In cognizance of this complex structure, the discussion in this chapter navigates through the two constitutions with much emphasis to the Union Constitution. UNEASY RELATIONSHIP BETWEEN THE TANZANIA CONSTITUTION AND THE EAC TREATY The EAC as other RECs of its kind provokes pertinent constitutional issues dominant among which is the status of its laws vis-à-vis that of Partner States. Most pertinent in this discourse is the question whether EAC law have direct effect in Partner States and whether, in the event of confict, it takes precedent over domestic law. These two questions are founded on the monism-dualism dichotomy to which the relationship between international law and domestic law is always portrayed (Milej 2015, 579–617). The dualist system mostly applicable in commonwealth countries, Tanzania inclusive, draws a sharp

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Tanzania Citizens’ Sovereignty, National Constitution

199

distinction between domestic law and international law and holds that the two are separate legal systems. Thus, they cannot cohabit unless the later has been subjected to a two-phase “initiation process” constituting of ratifcation and domestication (Murungu 2010, 60). Unlike other former British colonies that have partially or permanently divorced dualist approach in favor of direct application of international instruments, the practice in Tanzania has largely remained inclined toward dualism. While the Constitution of Tanzania does not expressly address itself to this matter, an inference is always drawn from Article 63(3) (d) and (e) of the Constitution that mandates the National Assembly to deliberate upon and ratify all treaties and agreements to which Tanzania is a party and to domesticate the Treaty through a legislation. Since the incorporation process is concomitant to the normal legislative process, the incorporating statute naturally acquire the status of an ordinary legislation and are, by virtue of Article 64(5) of the Constitution, subsidiary to the Constitution which is the supreme law of the land. The approach preferred by the Constitution with regard to the status of the EAC Treaty and its subsidiary laws is rather ambivalent. There is barely any mention of the EAC in the ten substantive chapters and 152 Articles of the Constitution. This is notwithstanding the fact that the adoption of the EAC Treaty preceded the last two amendments to the Constitution that were promulgated in 2000 and 2005, respectively. Most striking is the fact that even the constitutional review process did not fnd this subject appealing. The two Drafts of the Constitution issued by the Constitutional Review Commission (the Warioba Drafts) and the Draft proposed by the Constituent Assembly were all noncommittal. They conspicuously skipped the subject. With this omission one is left with no option than consulting Article 64(3) (d) and (e) on ratifcation and incorporation of international treaties and Article 64(5) on the supremacy of the Constitution. The EAC, on the other hand, tackles the question of relationship of its law vis-à-vis domestic laws of Partner States under Article 8(2) of the Treaty. This provision tasks members to “secure the enactment and the effective implementation of such legislation as is necessary to give effect to the Treaty.” In compliance with this obligation, Tanzania enacted a law titled ‘[the] Treaty for the Establishment of the EAC Act, 2001 vides which the provisions of the EAC Treaty were transformed into national law with legal standing before national courts. With regard to the subsidiary laws of the EAC which include the Acts of the EAC Legislative Assembly, the relevant provision is Article 8(2) (b) of the Treaty read together with Section 7 of the EAC Act, 2001. The former contains commitments by Partner States to enact laws conferring upon the EAC legislation, regulations, and directives the force of law within their respective territories, whereas the latter is the implementation of the said

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

200

Petro Protas and Juliana Masabo

undertaking by the Government of Tanzania. According to this section an Act of the EAC automatically acquires the force of law in Tanzania immediately after its publication in the EAC offcial gazette and they naturally acquire the status similar to that of national law except on matters pertaining to the implementation of the Treaty where they take precedence (section 8(4)). CITIZENS’ SOVEREIGNTY UNDER THE UNION CONSTITUTION AND THE CONSTITUTION OF ZANZIBAR

Copyright © 2020. Lexington Books. All rights reserved.

The question of citizens’ sovereignty under the Tanzanian constitutional structure is complex and attracts debates among scholars. The debate has always been that; the Constitution of the United Republic of Tanzania right from its inception is tainted with a lot of anomalies as far as the question of citizens’ sovereignty is concerned. The anomalies are mostly engrossed in the constitutional development process and the safeguard of citizen’s sovereignty in the content of the Constitution. As alluded to earlier, Tanzania has two coexisting constitutions: the Constitution of the United Republic of Tanzania, 1977, and the Constitution of Zanzibar, 1984. Both of these have, inevitably, passed through various phases of constitutional development. The Constitution of Zanzibar, 1984, is fourth on the list of Zanzibar’s postindependence constitutions having been preceded by three constitutions while the URT Constitution is ffth (Shivji 2004, 47). The current constitutions and their predecessors are all tainted by anomalies on the concept of sovereignty—ranging from lack/minimal involvement of the people in their promulgation to insuffcient safeguards of people’s sovereignty in the content of the Constitution. A brief account of these anomalies is provided beneath. CITIZEN’S SOVEREIGNTY IN TANZANIA’S CONSTITUTIONAL DEVELOPMENT Zanzibar, one party of the United Republic Tanzania, had its frst Constitution in 1963. “The Constitution of the State of Zanzibar of 1963” was a minority independence Constitution inherited from the British who ruled Zanzibar from 1890 under the protectorate mandate (Khalfan 2011, 66; Shivji 2004, 49). Being a minority independence Constitution, “the Constitution of the State of Zanzibar of 1963” provided a fertile soil for sultanate regime to continue sprouting while isolating majority of African people from governance (Shivji 2004, 49). This Constitution ignored the concept of citizens’ sovereignty both in terms of its making and operation. Its making process did

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Tanzania Citizens’ Sovereignty, National Constitution

201

not give any forum for the citizens to choose the kind of Constitution they wanted. Additionally, its operation did not provide equal rights for all citizens in the island to participate in issues of governance and this greatly contributed to the Zanzibar Revolution on January 12, 1964. After the Zanzibar Revolution that led to the overthrow of the sultanate rule in Zanzibar on January 12, 1964, the new government manned by AfroShiraz Party (ASP) did not promulgate a people-made Constitution. It ruled Zanzibar by Presidential Decrees (Shivji 2004). In the same year, it decreed a Constitution known as “Constitutional Government and Rule of Law Decree of 1964” (PD.5/1964). This gave power to the president of the Revolutionary Government of Zanzibar (RGZ) to rule the country on behalf of the Revolutionary Council (RC) pending the enactment of a new Constitution after the completion of one year in offce. The creation of this Constitution fouted the whole idea of citizens’ sovereignty as they were neither involved in its making nor had their sovereignty safeguarded in the Constitution. The commitment to make a people’s Constitution after one year was not met. It should be remembered that barely three years after the Revolution, Zanzibar united with Tanganyika to form the Union. Although Zanzibar retained her autonomy with respect to her Constitution, the new Constitution was not promulgated until 1979. In 1979, the RC in Zanzibar passed the 1979 Constitution. The process toward the promulgation of the 1979 was another departure to the concept of citizens’ sovereignty. The members of the House of Representatives who were involved in the process were indirectly elected by ASP members on behalf of the people of Zanzibar (Shivji 2004, 59). Besides, the 1979 Constitution did not contain the bill of rights which is an important component as it entrenches the rights and the duties of the sovereigns in the Constitution. Its omission was indeed yet another blow to the concept of citizens’ sovereignty in the 1979 Zanzibar Constitution. In 1984, Zanzibar adopted a new Constitution, which from its enactment and even after several amendments, marked a signifcant development in various areas including citizens’ sovereignty. In Tanganyika, the constitutional journey started in 1961 when the frst Constitution of Tanganyika, Tanganyika (Constitution) order in Council of 1961 came into being. The Constitution was negotiated at the Karimjee Hall in Dar es Salaam on March 27 and 28, 1961. This was quite unique, because most independent constitutions from states which were under British colonialism were negotiated at the Lancaster House Conference in England. Despite this uniqueness, the 1961 independent Constitution had barely any input from the people of Tanganyika. The second Constitution famously known as the Republican Constitution was highly infuenced by members of Tanganyika African National Union (TANU) who had an interest of establishing a “republican form of government” (Shivji 2013, 5). In practice,

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

202

Petro Protas and Juliana Masabo

citizens did not play an important role in the creation of this Constitution. This trend was also manifested, in the Interim Constitution of the United Republic of Tanganyika and Zanzibar of 1964 which came into being by way of Presidential Decree (GN. No. 246/1964). In 1965, a One-Party Constitution of 1965 was adopted followed by the current Constitution of the United Republic of Tanzania of 1977. Citizens’ involvement was not considered a signifcant matter in process toward the adoption of both Constitutions.

Copyright © 2020. Lexington Books. All rights reserved.

THE UNION CONSTITUTION AND THE CONSTITUTION OF ZANZIBAR The phenomenon that there exist in each state is a power upon which the ultimate political authority rests and is among the key constitutional principles acknowledged in Constitution of the United Republic of Tanzania, 1977. Article 8 of the Constitution bears an affrmation of the principle of popular sovereignty as a nucleus of democracy. While confrming the nation’s commitment to democracy and social justice, the Constitution underscores that “sovereignty resides in the people and it is from the people that the Government through the Constitution shall derive all its power and authority.” Having declared where the political authority rests, the Constitution proceeds to describe the primary objective of the Government of Tanzania as an agent of the people. Accordingly, the overriding objective of the government is described as that of safeguarding the welfare of the people of Tanzania. Being an agent of the people, the Government of Tanzania, is expected to be solely accountable to the people of Tanzania who, as per Article 8(1) (d) of the Tanzanian Constitution have the mandate to oversee and participate in the affairs of their government. An assertion of this principle is also found under the Constitution of Zanzibar. It provides in clear terms that, sovereignty of the RGZ resides in the people and it is from the people that the government through the Constitution shall derive all its power and authority (Article 9 (2) (a)). Its expression of this principle especially with regard to accountability of government offcials is clearer and frmer than the corresponding provision under the Union Constitution. The relevant provision provides: “All posts in public offces are responsibilities and are there for the beneft of the public and all those who have responsibilities shall be accountable directly to the public or House of Representatives” (Article 10 (8)). The framework within which citizens can exercise their sovereignty is provided for under Articles 5 and 21, as well as under Articles 4 and 63 of the Union Constitution and Articles 7 and 21 of the Constitution of Zanzibar. The frst two articles in both Constitutions are on universal suffrage. They recognize in nonequivocal terms the right of adult citizen (above eighteen years)

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Tanzania Citizens’ Sovereignty, National Constitution

203

to participate fully in national governance by being nominated or voted into public offce or through election of representatives. The placement of universal suffrage in Article 21 of both the Union and Zanzibar Constitutions as part of the bill of rights underscores not only its importance as a fundamental right but also the pivotal role it holds in building democratic society. Article 4 of the Union Constitution provides for the establishment of the six organs of the states: the executive—UG and the RGZ; the judiciary—Judiciary of the United Republic and the Judiciary of the RGZ; and the legislative—the Union Parliament (UP) and the Zanzibar House of Representatives (ZHR) and assigns each of them a specifc function while also maintaining checks and balance between them. The UP and the ZHR being representatives of the people are vested with legislative and supervisory powers over the government (URT 1977; Zanzibar 1984). In performing their supervisory role, they are mandated to scrutinize the work of the executive so as to ensure that the conduct of government corresponds to the broader national socioeconomic demands. This function gives the parliament the legitimacy to pose any question and demand explanation from ministers on the performance of ministerial responsibilities, deliberate and approve long-term and short-term national plans, and approve, on annual basis, governments budget and expenditure. The effectiveness of the UP and the ZHR as oversight organs is however, debatable. We will not dwell on this. At this juncture, it suffces to note that the composition of the UP which is charged with the responsibility for ratifcation of international and regional instruments, including those under the EAC, ensures wider representation with a grand total of 393 members of Parliament. Of these, 264 members are directly elected from constituents (50 from Zanzibar and 214 from Mainland Tanzania); 113 members belong to special seats reserved for women members, 5 members are elected by the ZHR, the attorney general for the Government of the United Republic of Tanzania, and not more than 10 members appointed by the president of the United Republic of Tanzania (URT 1977). There are, however, three pertinent issues worth consideration. First, it should be noted that while the inclusion of the doctrine of people’s sovereignty in the Union Constitution is undeniably commendable, its value is watered down by its sheer placement in the Preamble and the Fundamental Objectives and Directive Principles of State Policy all of which are not enforceable (URT 1977). The effect of this placement is to deprive the sovereigns the ability to assert their sovereignty in courts of law when, for example, the conduct of the government is devoid of safeguarding the welfare of the people. Second, the Tanzanian Constitution of 1977 unlike the constitutions of fellow EAC Partner States and other modern constitutions bears no illustration of attributes of the sovereigns of Tanzania. At best, the Constitution gives a

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

204

Petro Protas and Juliana Masabo

fawed impression that a potent illustration of the Republic and its people is provided for under the frst part of chapter one of the Constitution which is entitled “The United Republic and the People.” On numerous occasions, the Constitutions employs the use of two terms: “the people” and “citizens” to mean and represent the same concept and goes ahead to confer persons in this category certain entitlements traditionally enjoyed by citizens while also assigning them corresponding responsibilities. Addressing this lacuna, in 1995, the legislature passed the Citizenship Act, 1995 in which the attributes of the citizens of Tanzania are provided. The Act categorizes citizens into three broad categories namely, citizens by birth, descent and naturalization citizens. The former is governed by Sections 4(1), 5, and 30 and includes, in the case of persons born before the Union Day, all those who were born in Tanganyika or Zanzibar and who had, prior to Union Day, acquired the citizenship of Tanganyika or that of Zanzibar and in the case of those born on the Union Day and thereafter, every person born in Tanzania to a citizen of Tanzania. Citizens by decent are, on the other hand, all those born outside Tanzania to Tanzanian citizens (Section 4 (3)—Citizenship Act 1995). The third category includes adult aliens conferred citizenship by way of naturalization, minor children and women married to Tanzanias and conferred citizenship by way of naturalization. Persons falling under three groups are, undoubtedly, the people referred to under Article 8 of URT 1977. Third, the exercise of universal suffrage as regulated by electoral laws, namely the National Elections Act, Cap. 343 Revised Edition 2015, and the Local Government (Elections) Act, Cap. 293 Revised Edition 2015 and their respective regulations (on the part of the Union) and the Zanzibar Elections Act, No. 11 of 1984, tie the exercise of this right to political parties. Eligibility for election into public offce has been tied to the affliation to political parties. A person is not eligible to be elected and remain as a president of the United Republic of Tanzania, a member of the UP or of ZHR he/she is not affliated to a political party dully registered under the laws of Tanzania (URT 1977; Zanzibar 1984). Consequently, if a person who has been duly elected by the people to hold any of these seats ceases to be a member of the political party that had nominated him in the frst place (whether on own volition or upon expulsion), he/she loses not only the qualifcation to be elected but also the offce obtained by virtue of being a member of a political party (Zanzibar 1984). In a circumstance like this, it is the political party and not the citizens who are sovereign. The citizens have no room under the current regime to recall the representative. The constitutional review process found these anomalies fundamental and sought to resolve them by including substantive provisions in the content of the two Draft Constitutions (“The Warioba drafts”) and in the Proposed Constitutions. With regard to citizenship, both Draft Constitutions and the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania Citizens’ Sovereignty, National Constitution

205

Proposed Constitution contained a chapter on citizenship enumerating the modes of acquisition of citizenship, loss of citizenship, and other matters pertaining to citizenship. The right to be elected was also detached from political parties by providing for private candidature and in so doing signifed political will to comply with the decision of the African Court on Human and Peoples’ Rights in Tanganyika Law Society and the Legal and Human Rights Centre and Reverend Christopher R. Mtikila v. The United Republic of Tanzania, Applications 009 and 011/2011 which directed Tanzania to amend her laws to allow the participation of independent candidates in national elections.

Copyright © 2020. Lexington Books. All rights reserved.

TANZANIA CITIZENS’ SOVEREIGNTY IN THE EAC: THE EAC CITIZENSHIP STATUS The legal relationship that a person has with a certain state or being a member of a political or a social cultural community is what makes such a person a citizen (Haas 2001, 1). It is through this status that a person is accorded several rights and corresponding duties. One will note that the status of “citizenship” in law is mostly linked with states. Does this status exist in the EAC? Before answering this question, it is crucial to note that noninvolvement of community citizens in fostering the community agenda was one among the reasons for the collapse of the former EAC in 1977 (Protas and Romward 2015, 1–26; Kivuva 2014, 359). In realization of this fact, the founders of the current EAC decided that the people should be put at the center of integration activities in many ways addressing the issue of eastafricanization. In doing so, they included people-centered community as one of operational principles of the EAC (EAC Treaty 1999). Kamanga and Possi remind us that “operational principles” as provided for under the EAC Treaty are meant to guide the community toward practical achievement of the objectives set in the Treaty (Kamanga and Possi 2017, 205). The inclusion of people-centered community as one of the operational principles reveal an important recognition of the role of citizens in the actual attainment of the community objectives by the founders of EAC. It is this role of the citizens in the integration process which will instill a sense of ownership, belonging or genuine link between the EAC and the EAC citizens conceptualized in this study as eastafricanness. Surprisingly, however, it would seem that the founders were not prepared to confer “EAC—citizenship status” to the people of the community. One will observe that various provisions of the EAC Treaty, annexes and protocols forming part of the Treaty refrain from mentioning the words “community citizens or EAC citizens” in this case explicitly omitting the functional concepts inherent in eastafricanization and eastafricanness. Instead, they prefer the use of “citizens of the Partner States” (EAC Treaty 1999). This is

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

206

Petro Protas and Juliana Masabo

certainly not accidental. Ordinarily citizenship status touches a sensitive area of state sovereignty (Manby 2016, 28). Most states are hesitant of sharing their sovereignty in this area. Exclusively, states determine who should be a citizen in their territories and under what conditions. They also determine questions of loss and deprivation of citizenship as well as what rights and duties should be accorded to citizens in their territories. The abstinence is indeed a clear indication that the EAC Partner States were not ready to share their sovereignty with any of the organs of the Community or even creating similar status to be under the control of community institutions. Unquestionably, the absence of “EAC Citizenship status” affects the whole idea of citizens’ sovereignty in the EAC putting in abeyance democratization process within the EAC. It makes the citizens in Tanzania and in all other Partner States feel as not part of a bigger EAC but as ordinary members of their own individual countries. This has consequently alienated the community from the people it purports to save and put it on the hands of government offcials, few traders, and elites in East Africa. It is not a surprise to fnd an ordinary citizen in Tanzania who knows nothing about the EAC. It is indeed argued that necessary steps should be taken by the Partner States to enhance the concept of “community citizen” in order to achieve citizens’ sovereignty in the EAC.

Copyright © 2020. Lexington Books. All rights reserved.

TANZANIA CITIZENS’ SOVEREIGNTY IN EAC INSTITUTIONS Normally, the concept of citizens’ sovereignty under regional integration arrangement represents an approach taken by Partner States to incorporate views of the people whose interests are likely to be affected in terms of both forecasting and implementation of certain projects (Raeburn and Rootman 1997, 137). The inclusion of the people-centered principle among the principles which guide the practical achievements of the objectives set in the EAC Treaty signifes the recognition of the fact that the very existence of the EAC and its legitimacy is dependent on the people, hence, the will to ensure that the people do participate in EAC decision-making process and in other matters pertaining to the achievement of its objective (Kamanga and Possi 2017). Thus, in examining Tanzania Citizens’ sovereignty under various EAC institutions, it is vital to assess the nature and the extent Tanzanians involvement in the operations of the key EAC institutions. The Key organs of the EAC as provided for under Article 9 of the EAC Treaty are the Summit; the Council; the East African Court of Justice; the East African Legislative Assembly; the Secretariat, and the Coordination Committee. We will dwell on the frst four organs.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania Citizens’ Sovereignty, National Constitution

207

Copyright © 2020. Lexington Books. All rights reserved.

SUMMIT The summit is the overall executive organ of the EAC which is comprised of heads of states of the Partner States (EAC Treaty 1999). Under the EAC Treaty, the summit has several mandates which include inter alia powers to give general directions on how the community should be run in attaining its objectives, powers to review the state of peace, security, and good governance within the community, admission of a new member to the community, assent to acts of the community and powers to appoint judges of the East African Court of Justice (EACJ). It should be noted that the summit may delegate its powers to the Council or another member of the summit or to the secretary general in the course of discharging its responsibilities with exception of the power to admit a new member, appointment of judges of EACJ, assent to the Acts of the Community, and power to give general directions and impetus to the community. Tanzania is represented in the summit by her president who together with the president of fve fellow Partner States constitutes the Summit. Given that the president is elected by the citizens, one can easily conclude that Tanzanians are very well represented at this level because the presidents derive his power and authority directly from the people (URT 1977; Kenya 2010). It is however important to be cautious of the fact that, as alluded to earlier, the president apart from being accountable to the people he is more accountable to the political on whose nomination he became eligible for the post. Second, in Tanzania, the president is elected by a simple majority (URT 1977). Also, the jurisdiction of courts to inquire into the election of the presidential candidate once declared presidential elect is totally ousted (URT 1977). Given that under this framework one can become a president even if he/she was elected by less than a half of voters, it can be rightly argued that the president is not necessarily a representative of the majority. Additionally, a departure on the concept of citizens’ sovereignty is revealed on the functions of the summit. Among the core functions of the summit is the admission of new members to the community. It is argued in this part that, such an admission to be in line with the people-centered principle should take into account involvement of the people. Since, its formation, the EAC has admitted a total of three new members, Rwanda, Burundi, and South Sudan. Unfortunately, in all these admissions, the citizens of Tanzania, those of other Partner States as well as citizens of acceding nations were not consulted on whether or not the applicant state be admitted to the EAC (Protas and Romward 2015, 19). This was a deviation from the operating principles of the EAC to which the citizens of Tanzania have subscribed through ratifcation of the EAC Treaty by the UP which as alluded to earlier exercises representative mandate.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

208

Petro Protas and Juliana Masabo

A closer interrogation of the admission of new Partner States reveal further deviations from the EAC principles. For instance, the requirement that a newly admitted member must adhere to the universally accepted principles of good governance, democracy, the rule of law, human rights, and social justice has been implemented in laxity (EAC Treaty 1999). The laxity has culminated into the admission to the EAC of states that fall short of these requirements. It could be recalled that in 2013, some traders from Uganda fled a case in the EACJ in an attempt to block the admission of South Sudan to the EAC (Ref. 8/2013). Various reasons including nonobservance of human rights were advanced. It should be remembered that, at the institution of this case in 2013, several incidents of human rights violation and ethnic crashes were being reported in South Sudan (The Guardian 2013). The matter was held to be premature before the EACJ and three years later South Sudan was admitted as a new member of EAC in 2016 (Charalambides 2017). This is another manifestation of a serious blow to the concept of citizens’ sovereignty in the community which also affects Tanzanians.

Copyright © 2020. Lexington Books. All rights reserved.

THE COUNCIL The Council is also known as the policymaking organ of the EAC (EAC Treaty 1999). It is comprised of the ministers in charge of issues pertaining to EAC in their respective countries. In other words, the Treaty obliges each Partner State to designate one among its many ministries, a ministry to be responsible for regional integration in EAC. Thus, the appointed minister from this ministry will automatically form part and parcel of the Council. Partner States are also vested with discretion to permit other ministers not necessarily responsible for EAC to be part of the Council. Attorney General from each Partner State is also a necessary member of the Council. Under the Treaty, the Council is vested with powers to make binding regulations, directives, and decisions to all the Partner States. The Council is also responsible for initiating Bills to the East African Legislative Assembly (EALA). The Council is another area where defance of the people-centered principle is evident. Being the policymaking organ, it cannot be overemphasized that the participation of the sovereigns of Tanzania and those of other fellow Partner States is critical. The composition of this Council is however oblivious of this fact. The minister responsible for EAC who represents Tanzania in the Council and the attorney general are all appointees of the president and hence not directly responsible to the citizens of Tanzania. This is exacerbated further by the fact that in Tanzania, every member of Parliament qualifes to be appointed as a minister. Thus, with regard to appointment to ministerial posts members representing electoral constituents are on equal footing

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania Citizens’ Sovereignty, National Constitution

209

with members holding special seats for women and those handpicked by the president. It is therefore possible to have in the EAC ministry a minister who has no direct link with the citizens such as the incumbent minister. Under these circumstances, it is obvious that the minister represents the government which has sent them. The roles of the Council are also another gray area. According to Article 14(3) of the EAC Treaty, the Council is among other things mandated to initiate and submit Bills to the EALA, and to make regulations, issue directives, take decisions, make recommendations, and give opinions regarding the functioning of the Community, a relationship between the Council and the EALA is established. The ministers representing Tanzania who is as aforementioned not directly responsible to the people is mandated to initiate bills in the EALA. In that respect, the bills and the law resulting from such a process represent a serious divergence to the concept of citizens’ sovereignty.

Copyright © 2020. Lexington Books. All rights reserved.

THE EAST AFRICAN LEGISLATIVE ASSEMBLY (EALA) The EALA is the legislative wing of the EAC hence best suited to promote citizen’ sovereignty in the EAC. The EALA is vested with legislative and oversight mandate over other institutions of the EAC. As part of its oversight mandate it debates and approves community budget (EAC Treaty 1999). Given its signifcance to the Community one would expect the EALA to be the “most people-centered institution of the community” both in terms of appointment of the members as well as in the execution of its mandate. Conversely, it lacks both “popular legitimacy and input from civil society” (Mdachi 2014; Reith, Stefan, and Boltz 2011). The nine members who represent the Partner State in the EALA are elected by National Assembly in consideration of political parties, gender representation, and representation of special interest groups (EAC Treaty 1999). The Treaty prescribes the qualifcation for appointment to EALA (Protas and Romward 2015, 1–26) but shuns away from providing the procedure to guide the election of members thus giving the National Assembly of Partner States the discretion in the determining the applicable procedure. This has created a loophole for extension of national specifc problems to the EAC framework and thereby embracing the deviation from the concept of citizens’ sovereignty by Partners States, Tanzania in particular. Because of this, the void marriage between the right to be elected to a public offce and political party affliation manifested in the Tanzania’s electoral laws has now been imported into the EAC. A person cannot contest for the EALA seat in Tanzania unless he is nominated by a political party. The chances of citizens participation in this process is further narrowed by the fact it is

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

210

Petro Protas and Juliana Masabo

members of parliament (not citizens) who elect the nominated candidates (Lwaitama, Kasambo, and Mkumbo 2013, 16). There is therefore no direct linkage between the members representing Tanzania in the EALA and the Tanzania electorates. Noninvolvement of the citizens in this crucial process gravely undermines the concept of citizens’ sovereignty. This position calls for urgent review. The execution of the EALA mandate and especially its legislative process also appeals for consideration. As rightly observed by Adar the legislative powers of the EALA are cancelled out in many respects by the functions of the summit and the council with which it shares the legislative powers (EAC Treaty 1999; Adar 2008, 80). In addition to making regulations and directives, the Council is empowered to initiate and submit bills to the Assembly. Most of the bills presented before the heads of states emanate from the Council that as alluded to earlier has no linkage with the people. Further to this, the legislative process as prescribed under the EALA rules of procedure does not make room for people’s participation. The EALA legislative process is consequently not known to the people of Tanzania and so are its products. In an attempt to address this anomaly, the EALA has committed to champion people-centeredness by among other things placing the people-centeredness agenda at heart of its 2013–2018 Strategic Plan (2013–2018). However, much remains to be done. The EALA should strive to ensure that all the laws that have been passed by are well known to the people of East Africa and to create synergy with the Tanzania National Assembly, the ZHR and the civil society. The Tanzania chapter of the East African Civil Society Organizations’ Forum (EACSOF) has a potential for forging such linkage. The work of the EACSOF Tanzania chapter revolves around creation of a framework for direct engagement between Tanzania’s civil society and the EALA with a view to creating/increasing awareness about the EAC and to fostering citizen’s participation in the EAC agenda. To this end, the EACSOF Tanzania chapter has among other things been organizing meetings and workshops specifcally tailored at building the capacity for Tanzanian Parliamentarians on the EAC specifcally how EAC can enhance development to the local citizens of Tanzania in their respective constituencies. THE EAST AFRICAN COURT OF JUSTICE (EACJ) The EACJ is the judicial arm of the EAC with mandate to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty. The EACJ is charged with resolution of disputes that arise in the course of implementation of the EAC Treaty and protocols so as to expedite the integration process. The EACJ’s role in fostering citizen’s sovereignty

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Tanzania Citizens’ Sovereignty, National Constitution

211

can be assessed through three areas, namely its accessibility, its independence as well as its ability to resolve disputes peacefully and expeditiously. With regard to the frst item, the answer is provided for under Article 30 of the Treaty which empowers the sovereigns on their individual capacity to access the court for the purpose of challenging the compatibility of any regulation, directive, decision or action of a Partner State or of institution of the Community with the provisions of the Treaty. Through this provision, the sovereigns of Tanzania and those of other Partner States have been mandated to assert their sovereign right and to hold the organs of the Community and the governments of their respective countries responsible for infringing the provisions of the Treaty. The question is to what extent the sovereigns of Tanzania have seized the opportunity presented by this provision in asserting their mandate over the Community and Partner States. A review of cases fled before the court revels that the citizens of Tanzania are aware of the existence of the court and its role in asserting their sovereignty. In 2016 and 2017 alone, the sovereigns of Tanzania referred about four cases to the court. These include Reference No. 2 of 2016 Paul John Mhozya vs. The Attorney General of the United Republic of Tanzania; Reference No. 7 of 2016—The Managing Editor Mseto & Hali Halisi Publishers Limited and the Attorney General of the United Republic of Tanzania, Reference No. 9 of 2016 between Rashid Salum Adiy & 39,999 Others vs The Attorney General of the Revolutionary Government of Zanzibar & 2 Others, Reference No. 10 of 2016 M/S Quick Telecommunication Services (Represented by Mr. James Alfred Korosso) vs. The Honourable Attorney General of the United Republic of Tanzania, Reference No. 2 of 2017 Media Council of Tanzania & 2 Others vs. The Attorney General of the United Republic of Tanzania; and reference No. 10 of 2017 Ololosokwan Village Council & 3 Others vs. the Attorney General of the United Republic of Tanzania. Earlier in 2007 Rev. Christopher Mtikila fled a case seeking the Courts intervention on matters concerning the election of members of EALA from Tanzania (Ref. 2/2007). The establishment of the EACJ’s seat in Arusha has addressed the issue of physical accessibility as it has placed the court relatively close to the sovereigns of Tanzania. With regard to independence, the general rule demands that the court as well as its judges should be independent so that they can freely adjudicate the disputes brought before the court. The EAC Treaty does not provide for the EACJ’s institutional independence but underscores the independence of the judges by requiring that the persons appointed by the Summit to hold the offce of the judge of the EACJ must be of proven integrity, impartiality, and independence and fulfll the conditions required in their own countries for the holding of such high judicial offce, or who are jurists of recognized competence in their respective Partner States. The requirement

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

212

Petro Protas and Juliana Masabo

was undoubtedly meant to ensure that the EACJ as the temple of justice enjoys the confdence of the sovereigns who have no other tangible way of asserting their sovereignty over the summit and other organs of the Community (Ruhangisa 2017). The major concern however related to the powers that the Summit have over the EACJ with regard to appointment, remuneration, and removal of judges. The Summit may remove a judge from offce for misconduct upon a recommendation made by an “independent tribunal” formed by the Summit (EAC Treaty 1999). While the requirement for the independent tribunal is indeed good and rhymes very well with the general principles guiding judicial independence, the formation of the committee negates the EACJ’s independence vis-à-vis the Summit. The Treaty is silent on the composition of the Committee hence leaves it open for the Summit to appoint the members it please. This could in turn culminate into appointment of members that the Summit can easily exert pressure and thereby infuence the outcome of the process. The threshold is lower than the corresponding provision in the Tanzanian Constitution which although gives the president power to appoint the members of tribunal demands that the chairman of the tribunal and at least half of its members must be judges of the High Court or Justices of Appeal in any country within the Commonwealth (URT 1977). With regard to expeditious resolution of cases, the EACJ has always tried to dispense justice expeditiously to resolve the cases. The problem however rests in ad hoc nature of its operation. Sessions of the courts are held on yearly quarter basis whereby the courts seat for one in each of the quarter. The judges of the court are also not on permanent terms and they also serve on their respective national courts. After the session, they go back to their countries. This arrangement delays the disposition of cases. Besides, the EACJ as guardian of people’s sovereignty was expected to have full mandate over the protection of the rights of the sovereigns, but it does not have explicit jurisdiction over such cases and this have remained one of the contentious issues. The omission is surprising because the EAC establishes structures such as customs union, common market, monetary union, and ultimately political federation whose realization have direct bearing on people’ rights (EAC Treaty 1999). Hence, the recognition, promotion, and protection of human rights in the region’ has been named as a key principle to the attainment of the EAC objectives (EAC Treaty 1999). The absence of an explicit conferment of human rights jurisdiction to the EACJ serves to rob the sovereigns of Tanzania of the remedies arising from violation of their individual and collective rights. It is however worth noting that even in the absence of an explicit conferment, the EACJ has boldly exercised mandate in this area. It has always invoked the provisions of Articles 6, 7, and 27 of the Treaty, and in so doing, it has indirectly built jurisprudence on the protection

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania Citizens’ Sovereignty, National Constitution

213

of the rights of individual citizens (Ref. 1/2007; Ref. 8/2010). It has been observed that, approximately 90 percent of the cases heard by the EACJ are of a human rights nature (Apiko 2017, 16). It cannot be emphasized that the alienation of the human rights jurisdiction from the EAC would have delineated the court from the people would have signifcantly affected the hope and confdence of the people over the EAC. It can be noted that three of the fve cases emanating from Tanzania listed above had bearing on human rights which clearly indicates that the sovereigns of Tanzania have benefted from the boldness of the Court in this area.

Copyright © 2020. Lexington Books. All rights reserved.

CONCLUSION This chapter interrogates the nexus between the concepts of people’s sovereignty as portrayed in the Treaty for the Establishment of the EAC, 1999 and whether this interaction provides rooms for the citizens of Tanzania to exercise their sovereignty over the community institutions. It has been observed that the relationship between the EAC Treaty and the Constitution of Tanzania is ambivalent and so is their approach to the concept of sovereignty. The EAC Treaty recognizes the importance of citizens’ sovereignty as a driving force for deeper integration and lists people-centeredness as the frst principle in the list of nine principles governing the practical achievement of the objectives of the Community but falls short of laying a solid framework within which the citizens of Tanzania can participate in the EAC agenda and exercise their sovereignty vis-à-vis the Community institutions. The Constitution of Tanzania has a relatively potent approach. Apart from incorporating the principle of citizen’s sovereignty in its content, it provides the mechanism for realization of this principle through among other things providing for universal suffrage through which the citizens directly participate in electing the president and their representatives and through the incorporation of the principle of separation of powers in a manner that allows checks and balance between the state organs. The two are missing from the EAC Treaty and this leaves the citizens of Tanzania with no avenue to participate in driving the EAC agenda. The anomaly is compounded further by dealienation of the Tanzania’s representatives in the EALA from the citizens of Tanzania and the weak interaction between the EALA and Tanzania’s National Assembly. The efforts by the EALA to bring the Community closer to the people is commendable but more needs to be done to ensure that not only are the citizens of Tanzania aware of the EALA activities but are also fully involved in the execution of its mandate, the legislative mandate in particular. A robust engagement with Tanzania’s civil society is of crucial importance.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

214

Petro Protas and Juliana Masabo

Copyright © 2020. Lexington Books. All rights reserved.

REFERENCES Adar, Korwa G. 2008. “Fast Tracking East African Political Federation: The Role and Limitations of the East African Legislative Assembly.” African Journals Online (AJOL) 37, no. 4: 76–96. Apiko, Philomena. 2017. Understanding the East African Court of Justice: The Hard Road to Independent Institutions and Human Rights Jurisdiction. PEDRO Series. Charalambides, Nicholas Aris. 2017. A Legal and Economic Assessment of South Sudan’s Possible Accession to the East African Community. Stellenbosch: Tralac. Citizenship. 1995. Tanzania Citizenship Act, 1995. EAC Treaty 1999. The Treaty for the Establishment of the East African Community, 1999 (As Amended on 14 December, 2006 and 20 August, 2007). GN. No. 246/1964. Government Notice Number 246 of 1964 (Tanzania). Haas, Claus. 2001. What is Citizenship?—An Introduction to the Concept and Alternative Models of Citizenship. Kobenhavn: The Danish University of Education. Kamanga, Khoti C. and Ally Possi. 2017. “General Principles Governing EAC Integration.” In East African Community Law: Institutional, Substantive and Comperative EU Aspects, edited by Emmanuel Ugirashebuja et al., 202–216. Boston: Brill Nijhoff. Kenya, 2010. The Constitution of Kenya, 2010. Khalfan, Jema S. 2011. The History of Zanzibar International Relations from 1840 – 1963. Dar es Salaam: University of Dar es Salaam. Kivuva, Joshua M. 2014. “East Africa’s Dangerous Dance with the Past: Important Lessons the New East African Community has not learned from the Defunct.” European Scientifc Journal 10, no. 34: 359–374. Lwaitama, Azaveli F., James Kasombo, and Kitila Mkumbo, eds. 2013. A Synthesis Research Report on the Participation of Citizens in the East African Community Integration Process. Dar es Salaam: FES. Manby, Bronwen. 2016. Citizenship Law in Africa: A Comparative Study. Capetown: African Minds. Mdachi, Louise M. 2014. Regional Integration and People-Centeredness: An Assessment of the Mechanisms for Popular Involvement in the Decision-Making of the East African Community. New York: City College of New York. Milej, Tomasz P. 2015. “What is Wrong about Supranational Laws? The Source of East African Community Law in Light of the EU’s Experience.” Max-PlanckInstitut für ausländisches öffentliches Recht und Völkerrecht 75: 579–617. Murungu, Chacha B. 2010. “The Place of International Law in Human Rights Litigation in Tanzania.” In International Law and Domestic Human Rights Litigation in Africa, edited by Magnus Killander, 57–69. Pretoria: Pretoria University Law Press. Nyerere, Julius K. 1995. Our Leadership and the Destiny of Tanzania. Harare: African Publishing Group (APG). PD.5/1964. Presidential Decree No. 5 of 1964. Protas, Petro and Theophil Romward. 2015. “Refections on ‘People Centered Principle’ in the East African Community: The Current Legal Controversy.” Eastern Africa Law Review 42, no. 2: 1–26.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania Citizens’ Sovereignty, National Constitution

215

Copyright © 2020. Lexington Books. All rights reserved.

Raeburn, John and Irving Rootman. 1997. People Centered Health Promotion. London: John Wiley & Sons Ltd. Ref. 8/2013. Patrick Ntege Walusumbi and two others v. the Attorney General of the Republic of Uganda and Five Others, Reference No. 8 of 2013 [EACJ]. Ref. 8/2010. Plaxeda Rugumba v. The Secretary General of the East African Community and the Attorney General of the Republic of Rwanda, Reference No. 8 of 2010 and Appeal No. 1 of 2012 [EACJ]. Ref. 1/2007. James Katabazi and 21 others v. Secretary-General of the East African Community and the Attorney General of Uganda, Reference No. 1 of 2007 [EACJ]. Ref. 2/2007. Christopher Mtikila v. The Attorney General of the United Republic of Tanzania and the Secretary General of the East African Community, Reference No. 2 of 2007 [EACJ]. Reith, Stefan and Moritz Boltz. 2011. The East African Community: Regional Integration between Aspiration and Reality. International Reports. Arusha: Konrad-Adeneur-Stiftung. Ruhangisa, John E. 2017. “The Scope, Nature and Effect of EAC Law.” In East African Community Law: Institutional, Substantive and Comperative EU Aspects, edited by Emmanuel Ugirashebuja et al., 139–160. Boston: Brill Nijhoff. Shivji, Issa G. 2013. “Paradoxes of Constitution-Making in Tanzania.” A Paper Presented to the East African Law Society (EALS) Conference. Mombasa, On November 15 to 16. Shivji, Issa G., et al. 2004. Constitutional and Legal Systems of Tanzania: A Civics Sourcebook. Dar es Salaam: Mkuki na Nyota Publishers Ltd. The Guardian. 2013. “South Sudan: The State that Fell Apart in a Week.” The Guardian, December 23, 2013. TZCA. 2008. M.Z. vs. Machano Khamis Ali & Others (Criminal Application No. 8 of 2000) [2000] TZCA 1 (21 November 2000). URT 1977. The Constitution of the United Republic of Tanzania, 1977. Zanzibar. 1984. The Constitution of Zanzibar, 1984.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 12

Uganda Citizens’ Sovereignty, National Constitution, and the EAC Treaty Nexus Kasaija Phillip Apuuli

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION The Treaty of East African Community (EAC) (hereafter Treaty) was ratifed by Uganda in 1999 in accordance with the Ratifcation of Treaties Act, Cap 204 of the Laws of Uganda. In accordance with Article 8(2) of the Treaty, Uganda enacted the EAC Act 13 of 2002 that gave the Treaty the force of law in the country. In the Preamble of the Treaty (as amended), the East African leaders acknowledged that the collapse of the EAC in 1977 was partly as a result of nonstrong participation of the people (civil society) in the integration process. Thus, they observed the revived EAC should inter alia be peoplecentered. This chapter discusses the link between the Constitution of Uganda through which the citizens exercise their sovereignty and the Treaty, which is part of Ugandan law. Since the Treaty is part of the Ugandan law, it is assumed that the people of Uganda directly exercise power over the integration process of East Africa. However, there is strong evidence indicating that ordinary citizens hardly directly participate in the integration process. Luck of popular participation by the EAC citizens hampers the prospects for the institutionalization and consolidation of eastafricanness, eastafricanization, democratization, and integration. The 1995 Uganda Constitution vests all power in Uganda in the hands of the citizens Article 1(1). The EAC as an institution is established by delegated authority of the citizens who give consent to the government of Uganda to conclude the Treaty. Ordinarily therefore, the citizens of Uganda should exercise control over the EAC as an institution in particular and the EAC integration in general. But do they? From the available evidence, there is hardly any linkage between the citizens of Uganda participation in the EAC 217

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

218

Kasaija Phillip Apuuli

integration process and the EAC as an institution. First, the citizens do not directly exercise power over the EAC integration process, its organs, and institutions. For example, an institution such as the East African Legislative Assembly (EALA) would ordinarily be overseen by the citizens who would directly elect its members and is currently beyond their reach because members are indirectly elected by the national parliament. Second, while the 1995 Uganda Constitution provides for citizens to directly elect and recall a member of Parliament, they do not have similar power under the Treaty. Nevertheless, evidence shows that the courts of justice in Uganda have followed the East African Court of Justice (EACJ) judicial precedents. Also, the country has undertaken the exercise of aligning its laws to the EAC law, for example, the Common Market Protocol. Thus, an EAC legal culture can be said to be developing in the country leading to the promotion of the notion of eastafricanness.

Copyright © 2020. Lexington Books. All rights reserved.

CONCEPTUAL ISSUES—SOVEREIGNTY The current EAC was revived in the spirit of the integration of the people of East Africa rather than integration of the states of the region. Sovereignty is defned as the supreme decision-making and decision-enforcing authority possessed by the state and no other social institution (Plano and Olton 1988). At the national level, sovereignty denotes the freedom of a collective entity to act independently (Benoist 1999). Nevertheless, sovereignty does not mean that the state enjoys absolute freedom of action (Plano and Olton 1988). The states conduct is conditioned by the prescriptions and restraints of international law and by the rules of the various international organizations to which the state belongs. In the latter context, contemporary international relations theory posits that state sovereignty is challenged by new constellations of authority and community, which transcend the divide between the domestic and the international spheres (Bartelson 2006). In this regard, sovereignty is divided between and shared among state and nonstate actors at all levels of governance (Bartelson 2006, 466). Ilgen (2003) explores the tension between the universal acceptance of the sovereign state as the primary form of political organization and the gradual emergence of a global market economy. While the history of sovereignty culminates in its concentration in the nation-state, it is challenged by the market economy and its natural tendency to expand beyond the politically defned boundaries of states (Bartelson 2006). Consequently, crucial features of state sovereignty have been weakened, such as its ability to make and enforce laws, the power to defne and defend territorial borders, as well as

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Uganda Citizens’ Sovereignty, National Constitution

219

the capacity to shape and direct economic performance (Bartelson 2006). In Ilgen’s view, this has led to the creation of supranational institutions of global governance and to a downward diffusion of power to subnational actors such as cities and regions. In general, the prevailing view is that there is a trend toward a downward diffusion of sovereignty. The reality is that the authority of the state has been dispersed to other levels of governance (Bartelson 2006). The doctrine of sovereignty implies the decentralization of power in the community of states and legitimates the freedom of the individual state to make independent decisions (Plano and Olton 1988, 276). Nevertheless, since the end of World War II, certain aspects of sovereignty have been surrendered on a regional scale with the development of regional organizations. In the case of Uganda, one would think that the country’s membership to the EAC would ordinarily impact its sovereignty by constraining its power to make and enforce laws. To a great extent, this has not happened. The 1995 Uganda Constitution remains supreme and the laws made by the EAC while having an impact on the citizens do not trump the supremacy of Ugandan laws. Moreover, the Ugandan citizens while having sovereignty over their government in Uganda hardly exercise any power over the EAC integration process in general and the EAC and its institutions in particular.

Copyright © 2020. Lexington Books. All rights reserved.

EAST AFRICAN INTEGRATION The integration of the East African region can be divided into fve phases namely 1894–1947; 1948–1966; 1967–1977; 1984–2000; and 2001–to present (Mararo 2016, 23). The frst phase began with the construction of the Kenya Uganda Railway from Mombasa to Kisumu (Mararo 2016, 23; Tulyamuhika 1995, vii). The line built at the instigation of the Church Missionary Society of United Kingdom and the East Africa Trading Company was supposed to link the Indian Ocean part of Mombasa with Kampala, capital of the Kabaka of Buganda Kingdom, which had impressed all early British explorers as being highly well organized and high potential trade partners (Tulya-muhika 1995, vii). During this period, there was the creation of the East African Common Market (EACM) in 1900 with the customs arrangements between Uganda and Kenya (British East Africa) on the one hand, and Tanganyika (German East Africa) on the other (Tulya-Muhika 1999, 21) (see also chapter 1). Also, this phase saw increasing measurers to integrate and interlink the three countries of East Africa including the introduction of a common currency, a Joint East Africa Income Tax Board and a joint Economic Council among others (Mukandala 1999, 87). The phase culminated in the formation of the East African High Commission in 1948 comprising of

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

220

Kasaija Phillip Apuuli

the three governors of the three countries of East Africa (ibid). According to Mukandala (1999, 87), this phase marked the “golden age of cooperation.” The second phase was started with the establishment and strengthening of over forty institutions in research, social services, education/training, and defense among others. In 1961, the East African Common Services Organization (EACSO) was established to centralize the administration of East Africa’s customs, excise and revenue authorities; currency, land, sea and air transport; telecommunication; and education (Nyirabu 2005, 24). This phase was marked by efforts to manage and contain the stresses and strains of sixty years of inequality in the distribution of the gains and pains of cooperation while at the same time maintaining and even developing new areas of cooperation (Mukandala 1999, 88). The third phase began with the establishment of the EAC in December 1967. The EAC Treaty (1967) was anchored on three broad categories namely: harmonization of economic policy; common institutions; and a common market (Nyirabu 2005, 26). The Treaty made provisions, aimed at achieving equitable distribution of cost and benefts, and created a number of community organs to coordinate activities and provide executive direction (Ojo et al. 1990, 158). Nevertheless, the EAC experiment collapsed in 1977 for various reasons including the economic war waged by Idi Amin in Uganda which resulted in a divergence of currencies; the worsening of relations between Uganda and Tanzania, and Kenya and Uganda; and the disparity between the three currencies of East African countries and their divergence in their economic policies (Ojo et al. 1990: see especially pp. 159–171; Mararo 2016, 25–26; Potholm 1979). Following the collapse of the EAC in 1977, the fourth phase of cooperation began. According to Mukandala (1999, 88), this phase was marked by “negative growth in cooperation in many areas.” Many common services were dismantled and some collapsed, and the level of discord and disagreement rose to dangerous levels until some of the countries (Uganda and Tanzania) went to war against each other (Mukandala 1999, 88). In 1984, the three countries signed the “Mediation Agreement for the Division of Assets and Liabilities of the former Community.” Under Article 14.02 of the agreement, the parties agreed to explore areas of future cooperation and to work out concrete arrangements for such cooperation. At that time, Kenya and Uganda had new presidents, a factor that removed the acrimony, which characterized the region prior to the collapse of the EAC in 1977 (Apuuli 2006, 175). The current phase of East African integration began in 1991 with a decision by the leaders of East Africa-Decision of a Satellite East African Summit to revive East African Cooperation-culminating in the signing of the Treaty of the EAC in November 1999. In 2001, the Treaty of the EAC was offcially

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Uganda Citizens’ Sovereignty, National Constitution

221

launched after ratifcation by the Partner States. The Treaty is underpinned by two features: a policy of gradualism to attain the community aims and the philosophy of political consensus (Nyirabu 2005, 28). Partner States are obliged to ensure not only the ratifcation of the Treaty but also its domestication within their respective laws, the timely implementation of its projections, and general adherence to its provisions.

Copyright © 2020. Lexington Books. All rights reserved.

EAC LAW IN UGANDA Under Article 8(a) of the Treaty, the Partner States undertake to enact and implement legislation to give effect to the Treaty. In particular, they undertake to give the force of law in their territories legislation, regulations, and directives of the Community and its institutions, as provided for in Article 8(2) (b) of the Treaty. Moreover, the Community organs, institutions, and laws take precedence over similar national ones on matters pertaining to the implementation of the Treaty. Partner States may not invoke the provisions of their internal laws as a justifcation for failure to perform obligations under the EAC Treaty (Peter Anyang Nyongo v The Attorney General of the Republic of Kenya, 2006). The Treaty is the Constitution of the Partner States, the basis for cooperation that spells out the reasons for cooperation, the principles and objectives of cooperation, and the areas of cooperation (Mitanda n-d). Thus, Article 126(2) (b) of the Treaty requires that Partner States harmonize all their national laws appertaining to the Community. In Uganda, EAC law, for example, Acts enacted by the EALA, automatically is part of Ugandan law. Protocols of the EAC, on the other hand, become part of Ugandan law (domesticated) after being ratifed either by Cabinet or Parliament in accordance with the Ratifcation of Treaties Act, Cap 204, Laws of Uganda. Note that, in Uganda, Protocols are ratifed by Cabinet except those which involve defense and peace issues, or which require the amendment of the Treaty, which are ratifed by Parliament. The domestication of the EAC law in Uganda has been underway. For example, following the coming onto force of the EAC’s Common Market Protocol in 2010, the country moved to amend its laws to align them with the Protocol so that the national laws do not discriminate against the other East African nationals (Mitanda nd). This notwithstanding, however, the actualization of the integration ideals in Uganda suffer from the constitutionally enshrined sovereignty. The case of Katabazi and 21 Others v Secretary General of the EAC and Another (2007) and Samuel Mukira Mohochi v AG Uganda (2013) are instructive.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

222

Kasaija Phillip Apuuli

Copyright © 2020. Lexington Books. All rights reserved.

KATABAZI CASE The case arose out of the actions of the Uganda government in relation to persons arrested in connection with treasonous activities of the shadowy rebel group the Peoples Redemption Army (PRA). Between 2003 and 2004, fourteen persons including Katabazi were arrested from various parts of West Nile region of Uganda and the Eastern Democratic Republic of Congo (DRC), and charged with belonging to the PRA. On November 16, 2005, the accused persons applied for bail in the High Court which was granted. The accused could not be released because elements of the Uganda security forces (called Black Mamba) besieged the court premises seeking their rearrest upon which the accused opted to be returned to prison (Arinaitwe 2013). Again, on March 1, 2007, Ugandan security forces invaded the High Court in Kampala to rearrest Katabazi and his coaccused who had just been granted bail (Monitor Team 2007). The second invasion of the High Court by elements of the security services led to the judiciary going on strike for the frst time since Uganda became independent. The judiciary accused the executive of “gross infringement on its independence” (Monitor Team 2007). In their justifcation for going on strike, the judiciary cited “the repeated violation of the sanctity of the court premises, disobedience of court orders with impunity and the constant threats and attacks on the safety and independence of the judiciary and judicial offcers” (Monitor Team 2007). Other grounds that the judiciary cited for going on strike include “the savage violence exhibited by security personnel within the court premises, the total failure by all organs and agencies of the state to accord to the courts assistance as required to ensure effectiveness of the courts, and the recognition that judicial power is derived from the people, to be exercised by the courts on behalf of the people in conformity with the law, the values, norms and aspiration of the people of Uganda” (Monitor Team 2007 5). The invasion of the court (especially the second one) was described by Justice James Ogoola, a High Court Judge (later Principle Judge) as “a despicable act” and “a rape of the judiciary” (cited in McHenry 2006, 11). Arising out of the actions of the Ugandan security, Katabazi and his coaccused complained to the EACJ alleging that inter alia the Uganda government had violated the rule of law, as provided for in the EAC Treaty. The applicants argued that the invasion of the High Court premises by armed men to prevent the enforcement of the Court’s decision granting bail, and their rearrest and incarceration constituted an infringement of the Treaty. In its ruling the EACJ held that “the intervention by the armed security agents of Uganda to prevent the execution of a lawful Court order violated the principle of the rule of law and consequently contravened the Treaty” (Katabazi and 21 Others v Secretary General of the EAC and Another (2007, p. 23)). Uganda

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Uganda Citizens’ Sovereignty, National Constitution

223

became the frst partner state to be found in breach of the provisions of the EAC Treaty relating to the administration of the rule of law and human rights. MOHOCHI CASE The applicant a Kenyan lawyer and human rights activist attempted to enter Uganda in April 2011 for a scheduled meeting with the chief justice of Uganda. He was however stopped by immigration offcials at Entebbe International Airport, detained, and sent back to Kenya without notice as to why he had been refused entry or a chance to contest the denial of entry. The applicant complained to the EACJ alleging that Uganda’s actions had violated the provisions of the EAC Treaty including 6(d) and 7(2). The government of Uganda contended that the Court did not have jurisdiction to deal with the case because the issues raised were of human rights in nature, an argument which rejected by the court. In the end, the Court inter alia held that “the actions and decisions to declare the applicant a prohibited immigrant, deny him entry into Uganda, detain him and return him to Kenya were illegal, unjustifed, unlawful and inconsistent with transparency, accountability, rule of law; and universally accepted standards of human rights and, therefore, in violation of his rights and Uganda’s obligations under the Treaty and the Common Market Protocol” (2009) [Samuel Mukira Mohochi v AG Uganda (2013)]. In summary, the Katabazi and Mohochi cases established that Uganda was in breach of its own law (the Treaty being part of Ugandan law).

Copyright © 2020. Lexington Books. All rights reserved.

ELECTION OF EALA REPRESENTATIVES EALA is the independent legislative arm of the EAC, which in addition to providing a democratic forum for debate, also serves as a watchdog. According to Sempebwa (2006, 126), the organ as the deliberative and legislative body should provide the nexus between the people and the Community. The Assembly is conceptualized as a “bridge between the people of East Africa and the regional integration process” (Adar 2008, 90). As currently constituted, EALA comprises of nine directly elected members form all the Partner States with the Ministers of responsible for EAC Affairs, the Secretary General and Counsel of the Community being ex-offcio members [Article 48(1), EAC Treaty (1999)]. Under the Treaty, the National Assembly of each Partner State elects not from among itself members of EALA who represent as much as feasible, the various political parties represented in the National Assembly, shades of opinion, gender, and other special interest groups in the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

224

Kasaija Phillip Apuuli

partner state in accordance with such procedure as the National Assembly of each Partner State may determine [Article 50(1), EAC Treaty (1999)]. Thus, the members of EALA are not directly elected by the citizens of the Partner States (see also chapters 3, 6, and 7). Uganda’s EALA representatives as decreed by the Treaty are chosen by the parliament. However, since the second EALA elections, the rules of procedures adopted have made the election of Uganda’s representatives a political party affair (Olum 2006, 143). While political parties represented in parliament conduct primaries to pick their nominees, those absent from parliament are totally sidelined. The question of elected representatives of EALA being nominated by political parties raises the question of whether they represent the interests of their political parties or those of the country (Olum 2006, 143). According to Adar (2008, 90), “The practice of nominating candidates by political parties and thereafter elected by the national assembly in inherently fawed. . . . It is the people of East Africa who are sovereign and [thus should] have the right to decide on their representatives through democratic process.” In general, therefore, the lack of public participation in the election of EALA representatives means that those elected are not accountable to the Ugandan public undermining prospects for eastafricanness and democratization. Generally, as has been observed by Olum (2006, 144), EALA is not seen as an institution accountable to the people but that it is a “legislative body for leaders of Partner States” since the latter take personal interest in persons elected to the body (2006, 144). For example, in Uganda, President Museveni has over the years infuenced the process on who is chosen to represent Uganda in the Assembly (Olum 2006, 143). The nonparticipation of the citizens in the process of electing EALA representatives negates the core principle of “people-centered integration” as contained in the Treaty (Ang’ila 2004, 11). Because of the way the EALA representatives are elected, the citizens exercise no jurisdiction over them. This is the point that has been observed by Adar (2008, 89) who notes that “there is no clear nexus between the peoples of East Africa and decision-making process within the EAC, particularly the EALA.” He adds, “this missing link becomes clearer when the legislative powers of the EALA and representation thereof are examined in relation to the sovereign rights of East Africans inherent in the principle of universal adult suffrage” (Adar 2008, 89). In Uganda, in contrast, the citizens have power over their representatives in parliament. The majority of the members of Parliament of Uganda are directly elected by the population (Article 78(1) of the Constitution), with, for example, the current Tenth Parliament comprising of 290 Constituency Representatives; 120 District Woman Representatives; 10 Uganda Peoples’ Defense Forces (UPDF) Representatives; 5

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Uganda Citizens’ Sovereignty, National Constitution

225

Representatives of the Youth; 5 Representatives of Persons with Disabilities; 5 Representatives of Workers; and 17 Ex-Offcio Members. Article 84(1) of the Constitution provides for the right of recall under which the electorate of any constituency and of any interest group has the right to recall their member of Parliament before the expiry of the term of the Parliament. This provision makes the members of Parliament accountable to the citizens, something which cannot be said for the EALA representatives.

Copyright © 2020. Lexington Books. All rights reserved.

EACJ JUDICIAL PRECEDENTS IN UGANDA In deciding cases touching on East African integration, Ugandan courts have invariably followed precedents set by the EACJ. As Otieno-Odek (2017, 484) has observed, “[the EACJ] is incrementally institutionalizing the rule of law within the Community.” To cite one example: the case challenging the election of Ugandan representatives to EALA in 2006. The outcome of the elections for the second EALA in 2006 was challenged in Uganda’s Constitutional Court (Anuria 2010). Having reverted to the multiparty system of governance in 2005, Uganda adopted a new legal framework regarding the election of members to the Assembly: the 2006 Election of Members of the Assembly Rules (2006 Rules). The fourteen rules to guide the election of EALA members were divided into three parts namely: Part One deals with the citation and interpretation of the rules; Part Two deals with qualifcation and category of members and tenure; and Part Three covers the nomination of candidates and campaigns (Olum 2006, 140). On the basis of the 2006 Rules, on August 24, 2006, the Parliament of Uganda undertook what was purportedly an election of Uganda’s members, with slots allotted to political parties on the basis of their numerical strength in Parliament, which resulted in seven slots for the National Resistance Movement-Organization (NRM-O) and two for the Forum for Democratic Change (FDC). The question of the representation of “independents,” which had a similar numerical strength to the latter, was ignored (Anuria 2010, 78). On the day of the election, the process of electing the nine members from Uganda involved the clerk to Parliament receiving the names of individuals (who had been internally “elected” by the political parties and forwarded to the speaker) from the NRM-O and FDC party whips (Uganda Parliament 2006). The speaker of Parliament then announced that the individuals listed had been duly elected to represent Uganda in the Assembly. One of the losing candidates, Jacob Oulanyah who had contested as an “independent” challenged the election results in the Constitutional Court. The court found in the petitioner’s favor, holding that the “other shades of opinion,” as stipulated under Article 50 of the Treaty, included

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

226

Kasaija Phillip Apuuli

“independents” (Jacob Oulanyah vs. Attorney General, 2006). It also held that barring “independents” from participating and contesting elective offce infringed the right to freedom of association (ibid). Concurring with the decision of the EACJ in the unreported case of Prof Peter Anyang’ Nyong’o & 10 Others v AG of Kenya & 2 Others (2006), the Court determined that, in light of the procedure adopted by Parliament, there had been no election of Uganda’s members to the Assembly. In fact, the Court ruled that the 2006 Rules were null and void.

Copyright © 2020. Lexington Books. All rights reserved.

CONCLUSION The chapter has discussed the relationship between Uganda’s citizens and their Constitution, with the EAC Treaty. It has been established that while the Treaty is part of Uganda’s law, Ugandans are not really directly involved in the integration process. In a number of instances, the promotion of Uganda’s national interest has trumped the obligations established by the Treaty with the cases of Katabazi and Mohochi being good examples where citing the protection of national security, the country disregarded the Treaty obligations to observe the rule of law, and promotion and protection of human rights among others. As Ruhangisa (2017, 146) has observed, “[whilst] EAC Partner States have expressed through the Treaty, their common desire of ceding some elements of their sovereignty to the EAC, they still maintain a considerable degree of sovereignty.” Also, while the citizens of Uganda exercise sovereignty over their members of Parliament, they do not do the same over their representatives to the regional EALA. The reason for this is that the EALA members are not directly elected by the citizens. This being the case, the feeling of being East African is not felt in Uganda. In the end, there is generally a puny link between national sovereignty and EAC integration resulting from the Ugandan courts of justice following judicial precedents established by the EACJ, and the country aligning its laws with those of the EAC. REFERENCES Adar, Korwa G. 2008. “Fast Tracking East African Political Federation: The Role and Limitations of the East African Legislative Assembly.” Africa Insight 37, no. 4: 76–97. Ang’ila, Francis A., ed. 2004. Processes for Elections to the East African Legislative Assembly (EALA). Nairobi: Friedrich Ebert Foundation. Apuuli, Kasaija P. 2006. “Fast Tracking the East African Political Federation: Asking the Diffcult Questions.” The Uganda Living Law Journal 4, no. 2: 168–188.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Uganda Citizens’ Sovereignty, National Constitution

227

Arinaitwe, Solomon. 2013. “Tinyefunza Distances Himself from Court Raid.” Daily Monitor, 19 July 2013. Available at: http:​//www​.moni​tor.c​o.ug/​News/​Natio​nal/T​ inyef​uza-d​istan​ces-h​imsel​f-fro​m-cou​rt-ra​id/-/​68833​4/191​9680/​-/dra​yaiz/​-/ind​ex.ht​ml. Bartelson, J. 2006. “The Concept of Sovereignty Revisited.” The European Journal of International Law 17, no. 2: 463–474. De Benoist, Alain. 1999. “What is Sovereignty?” Telos: Critical Theory of the Contemporary, no. 116: 99–118. Ilgen, Thomas L., ed. 2003. Reconfgured Sovereignty: Multi-layered Governance in the Global Age. Aldershot: Ashgate. Mararo, Mbutu Samuel. 2016. A Critical Analysis of the Role of Public Participation in Regional Integration: A Case Study of the East African Community (2001– 2015). University of Nairobi, Unpublished MA Dissertation. Mitanda, Sarah. n.-d. Treaty Obligations of the Partner States and Challenges of Implementing the EAC Treaty. Available at: http:​//www​.deni​va.or​.ug/d​ocs/R​eport​ s/eac​/Trea​tyObl​igati​onsPa​rtner​State​sChal​lenge​s.pdf​. Monitor Team. 2007. “Judges On Strike Over Court Siege.” Daily Monitor, 2 March 2007. Monitor Team. 2007. “Judges Agree to Re-open Courts.” Daily Monitor, 27 September 2007. Available at: http:​//www​.moni​tor.c​o.ug/​News/​Educa​tion/​-/688​336/7​ 86000​/-/10​i4772​/-/in​dex.h​tml. Mukandala, Rwekaza. 2000. “Political Cooperation.” In Secretariat of the East African Cooperation, Perspectives on Regional Integration and Cooperation in Africa: Proceedings of the 1st Ministerial Seminar on East Africa Cooperation. Arusha Tanzania, 25–26 March 1999. Nyirabu, Mohabe. 2005. “Lessons from the East African Community of 1967–1977.” In Deepening Regional Integration of the East African Community, edited by Ahmed Mohiddin, 21–44. Addis Ababa: DPMF Book Series. Ojo, O. J. C. B., et al. 1990. African International Relations. London: Longman. Olum, Yasin. 2006. “Election of Members of the East African Legislative Assembly: The Case of Uganda.” The Uganda Living Law Journal 4, no. 2: 136–152. Onoria, Henry. 2010. “Botched-Up Elections, Treaty Amendments and Judicial Independence in the East African Community.” Journal of African Law 54, no. 1: 74–94. Otieno-Odek, James. 2017. “Judicial Enforcement and Implementation of EAC Law.” In East African Community Law-Institutional, Substantive and Comparative EU Aspects, edited by Emmanuel Ugirashebuja et al., 467–485. Brill. Plano, J. C. and R. Olton. 1988. The International Relations Dictionary (4th Edition). Longman: Western Michigan University. Potholm, C. P. 1979. “Who Killed Cock Robin? Perceptions Concerning the Breakup of the East African Community.” World Affairs 142, no. 1: 45–56. Ruhangisa, Eudes. 2017. “The Scope, Nature and Effect of EAC Law.” In East African Community Law-Institutional, Substantive and Comparative EU Aspects, edited by Emmanuel Ugirashebuja et al., 139–160. Brill. Ssempebwa, E. F. 2006. “Law and Institutions of the EAC-Are they Instruments of Integration or Just Cooperation.” The Uganda Living Law Journal 4, no. 2: 121–135.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

228

Kasaija Phillip Apuuli

Tulya-muhika, Sam. 1995. A Summary of the Lessons from the Rise and Fall of the East African Community. Kampala: Friedrich Ebert Foundation. Tulya-muhika, Sam. 2000. “Revival of the East African Cooperation and its Institutional Framework.” In Secretariat of the East African Cooperation, Perspectives on Regional Integration and Cooperation in Africa: Proceedings of the 1st Ministerial Seminar on East Africa Cooperation. Arusha Tanzania, 25–26 March 1999. Uganda Parliamentary Debates. 24 August 2006. Hansard.

CASES

Copyright © 2020. Lexington Books. All rights reserved.

Jacob Oulanyah vs. Attorney General constitutional petition no 28 of 2006 (unreported). Available at: http:​//www​.ugan​dalaw​libra​ry.co​m/ull​/lawl​ib/ju​dgmen​t_dis​ play.​asp?K​ey=83​&Sect​ion=j​_cons​titut​ional​_peti​tions​&Case​=Jaco​b+Oul​anyah​ +vs%2​E+Att​orney​+Gene​ral. Katabazi and 21 Others v Secretary General of the East African Community and Another (Ref. No. 1 of 2007) [2007] EACJ 3 (1 November 2007). Prof Peter Anyang’ Nyong’o & 10 Others v Attorney General of Kenya & 2 Others (with Abdurahin Haitha Abdi & 11 Others intervening), EACJ ref no 1=2006 (unreported). Available at: http:​//eac​j.org​/wp-c​onten​t/upl​oads/​2006/​11/EA​CJ_ru​ lling​_on_i​njunc​tion_​ref_N​o1_20​06.pd​f. Samuel Mukira Mohochi v The Attorney General of the Republic of Uganda (Ref. No. 5 of 2011) [2013] EACJ First Instance Division, Judgment (17 May 2013).

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Part III

EAST AFRICAN CITIZENS SOVEREIGNTY–EAST AFRICAN COMMUNITY NEXUS

Copyright © 2020. Lexington Books. All rights reserved.

COMMUNICATION AND AWARENESS DIMENSIONS

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 13

The System of Communication within the EAC Case Study of Burundi Clément Bigirimana

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION Communication remains an important but diffcult issue especially in the regional integration context. To begin this chapter therefore, let us underline diffculties that arise when evoking the concept of communication. Indeed, a symposium has been organized around the theme “The impossible formation of communication” ([in French] Impossible formation à la communication) with applicable controversial questions: Does one know, does one can, must one teach communication? These considerations lead us to ask the question on the complexity of the sense of the concept of “communication.” That is to announce that communication supposes several factors and implies several actors to be mixed. Already, the etymology of the word “communication” [of Latin] communicare evokes the sense of a community “put in common.” It is more meaningful in the case of the East African Community (EAC) that is a set of different countries having opted for a stake in common to form only one community. Countries of the communion! These countries are currently to the number of six: Burundi, Kenya, Uganda, Rwanda, Tanzania, and South Sudan. This chapter deals with one those countries, Burundi. This country is a member of the aforesaid community since July 1, 2007, while South Sudan is a member since 2018. These countries have embarked on a regional integration process that will lead to a political federation. Also, the aforesaid integration touches all domains of life of these nations and peoples. The later have a big role to play for the success and the sustainability of the concerned countries’ integration.

231

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

232

Clément Bigirimana

This chapter insists on the role of the people and the communication system based on the importance of language while communicating. It uses the case of Burundi in the eastafricanization project. To achieve that objective, the chapter is divided into six sections. Section one concerns the brief overview of Burundi’s political-historical situation. The second shows the place of Burundi and its sociolinguistic confguration in the EAC. The third section highlights the role of citizens for the integration success and sustainability. The fourth section is dedicated to the role of media in the East African integration process and the functions of mass media in the society. In this section, the chapter shows how much Burundi citizens are informed through the media about the EAC integration process and how they interact and contribute to the eastafricanization project, embrace the EAC identity. The ffth section is summarizing answers to the following questions: Are Burundian people suffciently informed on the processes of regional integration and the progress reached so far? Do Burundian people manage to communicate [in the sense “to make part,” to “put in common”] on the linguistic level with other citizens within the EAC? Are Burundian people suffciently equipped to read and to understand the projects in progress within the EAC? Do Burundian people have the culture of traveling beyond their country or are they exposed to suffcient international media to discover the elsewhere realities (countries members of the EAC)? Do they have the culture of reading as do their fellow Eastafricans? The last sixth section demonstrates how the communication is an art, a science, a process, a technique, and a way of life.

Copyright © 2020. Lexington Books. All rights reserved.

THE BRIEF OVERVIEW OF BURUNDI'S POLITICAL-HISTORICAL SITUATION Communication is the result of several factors, especially the context. It is important to add to this introduction a brief overview of the politicalhistorical situation of Burundi, that is to say from the monarchical era to the present (Mworoha 1987; Lemarchand 1996). This brief overview will be of great value to understand the cultural and language factors essential to communication for Burundi as a member of the EAC since July 2007. Indeed, Burundi is an old kingdom whose origin dates back to the sixteenth to seventeenth centuries. It was subdivided into small kingdoms with sovereigns who administered these small entities. Between 1779 and 1852, because of the conquests of King Ntare Rugamba, the kingdom of Burundi grew to reach the current borders, with the exception of Buguf, which was attached to Tanzania in 1919. In the colonial period, it was long and marked by the German protectorate and the Belgian domination. The Germans inaugurated in the country a policy of indirect administration based on the maintenance

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

The System of Communication within the EAC

233

Copyright © 2020. Lexington Books. All rights reserved.

of the customary authorities. With World War I of 1914–1918, German East Africa was isolated between the British and Belgian territories. In April 1916, Belgian troops attacked Rwanda and Burundi in two columns from North and South Lake Kivu. And in view of the numerical inferiority, the Germans, led in Burundi by Major Von Langenn, retreated to Gitega and then to the East. The Belgians occupied Bujumbura and Gitega in mid-June and in September reached Tabora. After the German defeat, the Orts-Milner Convention of May 1919 between Belgium and Great Britain left Ruanda-Urundi (current Rwanda and Burundi) to Belgium under Mandate B (but amputated from all the regions bordering the Kagera) to complete the English Cape-Cairo Railway. Belgium then occupied Burundi for a period of forty years. This period was marked by two great moments, namely the period of the mandate and the Belgian tutelage. The frst period, termed Mandate, Belgium administratively unites Ruanda-Urundi in the Belgian Congo on August 21, 1925. Ruanda-Urundi thus formed a vice-governorate general of this Belgian colony and became in some way an economic appendage. Belgium introduced an indirect rule. As for the second period of tutelage, that is to say after World War II, Burundi was placed under the Trusteeship of the United Nations by the law approved on December 13, 1946. Belgium accepts this mission on April 25, 1946. It undertook to ensure the maintenance of peace and good order and the defense of the territory, to promote the economic and social development of Ruanda-Urundi, and to prepare that territory for access to autonomy and independence. As early as July 14, 1952, Belgium initiated measures to promote the democratization of institutions and political life, through the publication of the decree on the indigenous political organization, which made it possible to organize the elections of the chieftaincy and chiefdom councils. Finally, let us talk about the postcolonial period which corresponds to what one could call the recent evolution of Burundi. Indeed, Burundi has had a very unstable political history marked by alternating constitutional regimes and military coups d’État since its independence on July 1, 1962. THE PLACE OF BURUNDI AND ITS SOCIOLINGUISTIC CONFIGURATION IN THE EAST AFRICAN COMMUNITY First of all, let us remind that Burundi joined the EAC on the July 1, 2007. The community was already to the phase of customs union. With its citizens, about ten million people, Burundi has to conform to arrangements of the accession Treaty, to participate fully in the programs of the EAC and to accept all the requirements set by the Community. Burundi had there to sensitize its citizens in order to invite them to know, accept, enjoy, and proft from this adhesion.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

234

Clément Bigirimana

The community will offer many opportunities to the citizens and in return, they have to contribute to the edifcation and the prosperity of the community. Even though Burundi integrated the EAC at a later stage, the country is required to meaningfully contribute to the realization of the community’s objectives as the other member states do. Article 5 of the Treaty establishing the EAC, 2006–2007, specify that the objectives of the community are among others: to develop the policies and programs aiming to widen and to deepen, for their mutual proft, cooperation between member states in the domains of politics, economy, social and cultural affairs, research, technology, defense, security, and legal and judicial matters. Successful communication between EAC member states and their citizens feature prominently among key factors that will enable the realization of these objectives. Here, we underline the importance of a linguistic communication frst, because the language is the main means of communication between humans. Burundi, with four languages: Kirundi, French, Kiswahili, and English, is the only country that uses French as offcial language, while the other EAC member states use English and/or Kiswahili. Thus, the linguistic challenge stays crucial for Burundian in their interactions with the other citizens of the East African region. The EAC use English and Kiswahili as offcial languages. French language will be added as an offcial language when Burundian’s request will be considered in order to accommodate Burundians and many Rwandans that still frequently use that language. English and Kiswahili, commonly used in EAC are languages that stay inaccessible for most of Burundian even though the country is making great effort to teach these languages in all schools and at all levels from primary schools to universities. Therefore, one may aptly pose the questions on the odds of success of Burundi in this new regional integration dynamics with all opportunities and the threats that come along with it. Communication being one of the pillars of life of communities, it remains an important domain to explore considering the parameters that come into play. Indeed, in an effcient communication, human beings adapt to several types of constraints. These are generally spatial and temporal. Linguistic constraints interns to the system and external constraints bound to the situation of production and its actors but also to the environment. For Burundi’s integration into EAC to be felt, there should be an increased participation of citizens. It is therefore important that Burundi citizens master the use of the commonly used languages in the community, that is, English and Kiswahili. Here, we note the importance of language in the construction of the relations between people. Indeed, the frst condition when integrating effectively within a given community or society consists in mastering its language. As Burundi is located between a French-speaking Central Africa and an English-speaking East Africa, its place in EAC makes it a country with double identity, on the sociolinguistics and/or sociocultural plan if one considers the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

The System of Communication within the EAC

235

Copyright © 2020. Lexington Books. All rights reserved.

incontestable interactions between language and culture. On the other side, the French language, adopted as another offcial language in EAC, will serve the bridge for the French-speaking Central Africa, which contains many countries. And by there, Calvet (1987, 17–18) underlines the importance of the language in the communication like an “identifcation card,” the language that we speak and the way in which we speak it reveals something of us. It says something about our cultural, social, ethnic, professional situation, our class of age, our geographical origin, and so forth. It points out our difference. This affrmation of oneself by the language in multilingual situations is also revealing while using the same language: our speech style speaks of us and situates us facing the speakers of the same language. The sociolinguistic and cultural identity of Burundi and its geographical position on the edge of the French-speaking Central Africa which confers to the country a double identity is an asset to the community. In fact, Burundi’s position to the border with the Democratic Republic of Congo, the capital city Bujumbura located on the edge of Lake Tanganyika, the port and the Airport of Bujumbura constitute important assets to the community to extend its business activities further into the central, French-speaking Africa. Bujumbura used to be an industrial hub of the Burundi, Rwanda, and the Eastern DRC under the Belgian rule, so this function may be restituted under the EAC support and leadership to explore the business potential of the French-speaking Central Africa. As Nkurunziza and Ngaruko write: Before independence, Burundi’s economy was integrated with those of Rwanda and Congo, the three Belgian colonies, using Bujumbura as the industrial base serving Burundi, Rwanda and Eastern Congo. Until Congo’s independence in 1960, this area used the same currency. As economic independence was thought to give teeth to political independence, Rwanda and Eastern Congo decided to create their own industries. Disintegration of the common market was damaging to Burundi’s economy. Following the loss of the Rwandese and Eastern Congolese markets in addition to the loss of qualifed manpower after the Belgians left Burundi, frm capacity utilization dropped to about 25–50 percent in 1962–63. (Ngaruko 1993)

So the media ought to make known this potential of Burundi and its citizens to contribute to the successful achievement of the objectives of the EAC. THE ROLE OF THE CITIZENS FOR THE INTEGRATION SUCCESS AND SUSTAINABILITY Citizens occupy the highest position and are the frst responsible for their respective nations. Indeed, all communities are made of citizens, and they do

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

236

Clément Bigirimana

Copyright © 2020. Lexington Books. All rights reserved.

collaborate while exchanging their experiences. This exchange makes itself more especial by several means, linguistic signs, via the language as means of communication. The East African Citizens in their sovereignty ought to play the highest role in the process of integration, which is not the case at the moment. Communication systems are crucial to keep citizens of the region interlinked and in constant contact. The relations so kept will permit to the East African Citizens to own their development, sovereignty and future while putting in common their experiences. In other words, the EAC has need to be the key reservoir for the identity of the East African Citizens, while providing a clear and authentic sense to belong to what Adar (2015) calls eastafricanness. The foundation of this idea is in the process of the integration that must be attached to its concomitant foundation, property of the EAC by the East African Citizens and their tie of identity. In case of federation, the people also have a nonnegligible role to play to guarantee the practice of the principle of people-centeredness. When properly utilized, it has the potential to not only ensure continued popular support to the regional integration project, but also to contribute to the necessary conditions for the integration arrangement to remain sustainable. On the other hand, the absence of a people-centered element is likely to make the integration moribund in the longer term. The frst EAC Development Strategy was formed under the mandate that it would produce a Treaty for the establishment of the EAC. The overall strategy aimed to promote the spirit of regional cooperation which was deeply rooted in the history of the region; to support the existing forces which have major interest in the strengthening of regional institutions and in the free movement of people, capital, goods, as well as services and information within the region; to place immediate emphasis on economic cooperation with a view to promoting enhanced political cooperation, and integration in the long run, and to reinforce institutional capacities for regional cooperation (EAC Secretariat 1997, 2). In that sense the role of media needs to be very emphasized, which the subject matter of the next section. THE ROLE OF MEDIA IN THE EAST AFRICAN INTEGRATION This section wonders about the role of media in the sensitization of the integration processes within the EAC and in Burundi in particular. Indeed, the East African Citizens have more that need to be informed on the integration process. Projects in gestation to long and/or short-term, and so on, must be debated clearly and/or exposed in the medium that reach the wider public. Here, the accent is put on the TV, the radios, and newspapers; in short, the written and oral press.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

The System of Communication within the EAC

237

Certainly, the media have a preponderant role in the social, economic, and political life, moreover, that they have a key and driving role in the countries that seek to regroup, and therefore in the effective integration of the countries. This particular dimension of the media in the integration process is due to its role as a vector of information and media coverage of the benefts of the process. There is no need to recall that the information has its power of catalyst, amplifer, mobilizer, conscientizar, stabilizer, and popularizer. The information also helps to explain, classify, argue, and justify. It is in fact at the center of any process of any form of transformation. When considering the role of different media in the context of East African integration, it is important to distinguish, at least initially, the role played by the local media (respective of any country member) he who returns to the international media, regional or subregional, according to the rights and duties of any media in the awareness of the populations on subjects as numerous as varied. The media must then contribute to popularizing the objectives of integration within the EAC. These are generally objectives aimed at developing policies and programs to deepen and broaden cooperation between member states in the political, economic, social, cultural, security, and technological felds. The role of the media is all the more important since popular involvement can only be achieved if the public is properly informed. It being, there are means to wonder how the Burundian media portray the concepts of democratization, eastafricanness, eastafricanization, integration, and popular involvement. We may then ask the following questions: Do the ordinary citizens have the will to know more on the processes of integration? Do the Burundian medium grant suffcient time to the issues related to the processes of EAC integration so that the citizens have some and/or make them an idea on it? Are the major concepts related to the eastafricanization project properly and suffciently talked about in the Burundian media, for the wider Burundian public? Indeed, these concepts get along as follows, according to Adar. First, democratization can be defned to mean the process in which democracy spreads within has given system of governance” (Wanyama 2010, 64). It is democracy enlargement that is broadening the scope of democracy. This process that occurs within has constitutional order established and recognized by the people in has given society. Second, the concept of eastafricanization has been defned to mean “a process whereby a change at the domestic level of a partner state in East Africa is caused by integration at the EAC regional level” (Adar 2008; 2010, 71; 2014, 235; 2018). It is centered on actions which in many ways challenge the very notion of state sovereignty and legitimacy. In other words, a decision by the EAC can transform or have ramifcations on the policies of a member state or member states through directives imposed by the regional organization. Third, the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

238

Clément Bigirimana

Copyright © 2020. Lexington Books. All rights reserved.

concept of eastafricanness, a concept which as in the case of eastafricanization, has largely been ignored by the East African scholars, practitioners, and East Africanists. As used in this study eastafricanness means a sense of belonging, attachment, and identity or feeling part of the EAC by the East African Citizens. It is a stage in which the East Africans recognize their individual and collective sense of belonging and ownership of the EAC raison d’être which implies an accommodative attitude toward the whole, that is, the community. It is a sense of community and oneness in a collectivity or becoming East African (Adar 2018). Otherwise, the East African Citizens feel their fne adherence in a same community (EAC) and the results make themselves notice. As an example, the East African Passport is already functional, what shows solidarity or even a sort of hold in hand of the African identity question. Fourth, integration has been defned to mean the “process of the formation and development of institutions through which certain values are authoritatively allocated for a certain group of political actors or unit” (de Vree 1972, 11). In this context, integration in its broad context, that is political and economic, is conceptualized to mean the institutionalization and consolidation of activities between two or more contiguous states in a region. Generally, some arrangements of the EAC Treaty mention the place and the role of all citizen of the region. For example, the Article 5, paragraph three, its b and points, specifes that for purposes set out in paragraph one of this Article and as subsequently provided in particular provisions of this Treaty, the Community shall ensure: (a) the strengthening and consolidation of cooperation in agreed felds 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; (b) 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 people-centered mutual development of these ties and associations; Likewise, the Article 7, paragraph one, makes it clear that the principles that shall govern the practical achievement of the objectives of the Community shall include: (a) people-centered and market-driven cooperation. And the Article 6 evokes the 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 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

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

The System of Communication within the EAC

239

Copyright © 2020. Lexington Books. All rights reserved.

in accordance with the provisions of the African Charter on Human and Peoples’ Rights where the success of an organization is valued to one institutional objectives, to analyze the manner in which the process of integration and by there, its capacity to act on the territories and on the citizens. For what concern the languages, several articles evoke the languages in use within the EAC. Indeed, it is about the Article 46 of the EAC Treaty that specifes the offcial language of the Court shall be English. Also, the Article 137 underlines that (1) the offcial language of the community shall be English; (2) Kiswahili shall be developed as a lingua franca of the community. The question of the languages is applicable insofar as the language is a primordial element of the identity and the culture. Thus, the aspect of cooperation in the cultural domain is evoked in these terms (Article 119 of the Treaty establishing the EAC) : the Partner States shall promote close cooperation among themselves in culture and sports, with respect to: (a) the promotion and enhancement of diverse sports activities; (b) the development of mass media programs on matters that will promote the development of culture and sports within the community; (c) the promotion of cultural activities, including the 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 cooperation in tackling the illicit cross border trade in cultural property; (f) acceding to and ratifcation 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) Harmonizing 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. In this logic, the mass media must fully play their role to sensitize to awaken the minds of the East African Citizens or even on the process of integration’s stages. A channel of popularization of the decisions and progress of the EAC in all sectors of unit and regional development is necessary. It is indispensable that the East African Citizens know what happen in their regional community in order to strengthen the unit of the peoples and their attachment to the organization. For example, the channels of diffusion like a

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

240

Clément Bigirimana

regional magazine in offcial languages of the EAC (English, Kiswahili) as well as a radio TV (East African News [EAC TV]) for regional information is to think about.

Copyright © 2020. Lexington Books. All rights reserved.

THE FUNCTION OF MASS MEDIA IN SOCIETY AND IN THE EASTAFRICANIZATION PROJECT Mass media constitute a source of power. They stay a potential means of infuence, control, and innovation in the society. They are thus and in general a transmission means and a source of information for a lot of individuals and social institutions. They are able to shape the picture of a given society. They paint the society and the members of this society therefore. One can say that the media constitute a major source of defnition of the social reality, of the personalities, but also a place where the changes of culture or values in the society construct themselves. Thus, in the EAC, mass media have a very big role to play in this sense. The East African Citizens have a lot of experiences and more values to share by the slant of various channels of information. Mass media in the eastafricanization process fulfll a number of functions that include shaping public opinion, agenda setting, and agenda building as well as mobilization and interpretation of the various EAC issues. Most importantly, mass media assist to spread information and knowledge among citizens forming only one community. Thus, radio, Television, Internet, and so on, permit to reach a large public and therefore, to transport information, opinions on which conventional wisdom is going to forge it. For example, in Burundi mass media (radios, TV, written press), we have some varied languages. We notice the use of Kirundi, French, English, and Kiswahili. But French and Kirundi are more present than English and Kiswahili. The latter is only used to the radio and to the television. That is to say, in the oral press. Burundi media landscape then still needs to reinforce the use of English and Kiswahili, the two offcial languages most used in the EAC. At the present time, Burundi citizens are not accustomed to using these two languages. There are still a limited number of people that use them, even though numbers are increasing lately. The medium is then to the origin related to the public. It is to understand as “reputation management” (Newsom et al. 2007, 2) whereas management function, public relations involves responsiveness in policy and information to the best interests of the organization and its publics. Although, EAC member states have relations which could be qualifed the “public relations.” So all public relations should exist to preserve a consistent reputation and build relationships (Wakefeld 2001, 642). This will permit to member countries to understand the role and responsibilities of public

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

The System of Communication within the EAC

241

relations in public and private companies, nonproft organizations, agencies and frms; to understand why individual as well as institutional credibility is critical to public relations practice. Also, these countries must act together for common interest of East African Citizens and of the Community so that the public relations result efforts must be the real behavior of the organization and perceptions of that behavior by its publics. Therefore, among the various titles now being used for the role of the public relations are communications management (or sometimes strategic communications management), reputation management and relationships management (Newsom et al. 2007, 3). Consequently, as function and role of public relations practice, we can mention that since the public relations practitioner must go to the public to seek support for programs and policies, public interest is the central criterion by which he or she should select these programs and policies. At other level, the British Institute of Public Relations offers this: public relations are about reputation—the result of what you do, what you say, and what others say about you. Public relations practice is the discipline which looks after reputation with the aim of earning understanding and support, and infuencing opinion and behavior (Newsom et al. 2007, 2). And as Carlsson (1995) says “everything we know about entertainment and the forms it takes as ‘product’ is up for grabs. The categories that seem so ‘natural’ to us—TV, radio, albums, books, magazines, movies, and ­videos— are rapidly converging into one large digital data stream. . . . Beneath the media world lies our perceptual framework and digital media may change how we know what we know.” According to this, the communication in countries members of EAC must be effected via the channels of communication which are public or private paths for messages to and from various publics (Newsom et al. 2007, 231). It is in the objective to appreciate the range of communication channels and media in the twenty-frst century, consider the implications for public relations and examine how innovations in communication technology offer potential public relations opportunities, for example, in relationship building. The challenge today is to think of media as recognizing no borders and of messages as having the potential to reach unintended audiences who may misinterpret them or use them in ways that the sender never intended. Given that general guideline, the public relations practitioner must still try to design public-specifc messages and media. Many models have been developed to simplify and summarize the complex reality of the communication process and to aid our understanding. Some of these are more helpful than others, but all have their shortcomings. The “Typical Communication Model” developed by Clampitt (2005) demonstrates a number of key elements in the communication process. Thus, in all communication, the essential of the language resides therefore in the relation, nearly to the global sense of the term. One

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

242

Clément Bigirimana

can even go far saying: the language is (only) a relation. And according to Scardigli et al. (1984), the acceleration of the communications had for effect a bigger centralization of the powers, a least delegation granted to the political or commercial mediators, even though all new technique in this domain would permit the opposite.

Copyright © 2020. Lexington Books. All rights reserved.

THE COMMUNICATION: AN ART, A SCIENCE, A PROCESS, A TECHNIQUE, A WAY OF LIFE Generally knowing how to “communicate” and especially “to communicate well” is not a gift for all people. It can be learned in one way or another, even if some people have an innate gift. Joseph-Dezaize (2019) speaks of “soft skills.” The accessibility of communication to whom it may concern must respond to a series of questions, ffty (50) according to Bellenger (1989). By these questions, Joseph-Dezaize (2019) propose others like: Are you comfortable to pass your ideas? Do you know how to convince your interlocutors without rushing them? Do you maintain fuid relations with your teams? Do you master the art and the way to ask the right questions? Do you easily defuse confict? Do you manage to rally gently your enemies? In the case of East African integration, the answers to these questions are relevant. Indeed, it will be necessary that in the respective cultures of the citizens of this community, the different interlocutors know how to respect each other. That is to say, to give everyone the chance to express themselves in a language that is easily conceived and in which ideas are well organized for eastafricanness. Here, I will highlight the linguistic limits that are often sources of misunderstanding between the various actors and/or actors of this community. A linguistic openness toward a user-friendly multilingualism is necessary. For example, expand working languages up to three: Kiswahili, English, and French, which seem to bring together several interlocutors. A person then communicates to convince if she uses a language that she estimates more or less to control, and able to translate the feelings she experiences. As a language constitutes an element of culture, it should be an essential tool for maintaining lasting relationships between its users. The linguistic limit, or rather the linguistic barrier, reduces the space of expression and consequently reduces the chances of the development of a life in community, here the EAC. Knowing how to communicate, and above all communicate well, is part of the solid foundation of building and/or developing a society and is essential in the world of work. And have the ability to interact as calmly as possible with friends, peers, family members, colleagues, clients, supervisors, peers, counterparts, partners, and so on, is a force that will make a person unique.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

The System of Communication within the EAC

243

Communicating is both an art and a science. Many people think they succeed in their communication, even if interpersonal, professional, public, or in public. Yet communication is very demanding from the point of view of scholarly knowledge, skill, and know-how (savoir-être). These three pieces of knowledge must be combined to succeed in spreading a message, making themselves understood and making people understand. Each of these three skills has its specifcities. In the case of subregional integration, scholarly knowledge, which from a didactic point of view, is defned as the body of knowledge acquired and which constitutes the central point of what is teaching (Reuter 2010), and what contributes to the development in general and the human being, would be to delegate or mandate people with skills, that is to say having an intellectual level able to compete with others on the scene of negotiations and exchanges on key ideas for development from the community. In this case, people with a certain mastery of issues of integration, but also who know how to ask good questions to guide and help others to understand what is happening. Asking good questions adds value to the person and helps to learn and improve interpersonal relationships. This is what Wood Brooks and K. John (2019) say about the “surprising power of questions” that goes beyond a simple exchange of information. For them “without question, no relationship.” And we know very well that communication involves the relationship. This scholarly knowledge makes use of the second, “savoir-faire” which supposes a set of techniques used to achieve its objectives. The example of this knowledge is that of listening to others. In a communication, listening to others is a sign of mutual respect and consideration for others. Thus, in the EAC, given the diversity of citizens who gather there, listening to each other would contribute to the development of the region. This, in the sense of giving the same opportunities and the same importance to people who express themselves without any consideration of either country or language (e.g., French speakers in the EAC who sometimes do not listen as only English and Kiswahili are the offcial and working languages of the community). Indeed, “know how to listen,” advised Dale Carnegie (1972) in her famous book and a classic How to Win Friends and Infuence People. This Carnegie Council, once put into practice, would be a better way to achieve sustainable development of the EAC together, to common ideas fed by a common vision of “sustainable development.” The last knowledge, “savoir-être,” refers much more to the personality. The latter is conceived in psychology as “a set of affective, emotional, dynamic, relatively stable and general characteristics of a person's way of being, in the way they react to the situations in which they fnd themselves” (Bloch et al. 2002, 927). It is very important in the process of building a community. This aspect is very useful and effective in dealing with others, whether in daily

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

244

Clément Bigirimana

work, in one's life with others. Every East African citizen is then invited to have an East African personality, the eastafricanness, so that living together is manifested through behaviors worthy of promoting the validity of the community in question. It is important to note that communication goes beyond simple words. Moreover, as the school of Palo Alto specifes, “we cannot communicate.” Therefore, any communication conveys a set of values and the understanding of a sentence, a word, a gesture in a given communication makes use of the three knowledges: scholarly knowledge, well-being, and know-how. The language is to be understood in its positioning in relation to the speaker and the interlocutor in the context of its production and reception. The game and the stake of the language implies that the interlocutors know, share, and apply certain rules of the game, while developing certain competences to reach the objective of any communication, that is to say to “attract its interlocutor.” To be able to communicate, to enter in this game, we must not only know the language, but also the conventions of the practice of language, not to mention the context that drives production and reception. In one communication, it is clear that taking into account only the language is not enough. Of course, language has its primary role to play, especially in a system of subregional regrouping of citizens who do not necessarily share the same language. This is the case of the EAC which must fnd a solution to the language blocking between different citizens. Kiswahili and English only as working and offcial languages of the community limit the freedom of expression to nonspeakers of the latter. Other languages, taking into account the member countries, can be introduced in the sense of facilitating the exchanges likely to contribute to the development of the community. However, the essential thing is to know that each time we come into contact with others, we fnd ourselves in a crucial obligation: to make our behavior understandable and relevant in view of events such as the other will surely perceive them. In any case, our actions must take into account the spirit of others, that is, their ability to read in our words and gestures the signs of our feelings thoughts and our intentions. That limits what we can say and do; but that is also what makes it possible to make as many allusions to the world as to whoever can grasp it. This is what Goffmann (1967) puts forward, thinking about language. In order for us to accept a communication addressed to us, we must be able to recognize its author as a person worthy to speak to us, to presume on his part an intention that we deem valid (even if we do not consent to it) and what type of behavior should be adopted to respond to it. Thus, for the German sociologist Habermas (1981), “we understand a speech act when we know the kinds of reasons that a speaker could provide in order to convince

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

The System of Communication within the EAC

245

a hearer that he is entitled in the given circumstances to claim validity for his utterance, in short, when we know what makes it acceptable.” For this author, to speak implies that one makes three claims: • At the right: one retains what one says for true and one specifes the force of this pretension (I heard that, everybody knows that . . . .); • Validity: what one says can be understood because one complies with the norms of the communication in force (that it is about a tale or a report, . . . ); • To sincerity. As a result, according to Jacques (1985), communicating requires:

Copyright © 2020. Lexington Books. All rights reserved.

• The existence of a self-structured enough to take the risk of entering into relationship; • linguistic competence; • A pragmatic competence which is defned as the ability to analyze the communication situation and to mobilize linguistic and extra linguistic skills. One of the skills required to communicate is indeed the ability to make conjunctures about what it means or what the partner can understand. We do not start by communicating, we succeed, if we manage to make common what was not yet, on the basis of what is already and what diverges. But it must be added, “At no time is there a complete recovery between what has been said, what has been meant and what is understood.” Everyone knows that many people will have several different readings of a statement. Yet, as Kerbrat-Orecchioni (1980) notes, “there are several reasonable readings of the same text, some readings are better than others, there are some that are downright bad.” The real phenomenon is that, despite the diversity of the knowledge of the interlocutors, despite the variety of their experiences, they are very generally able to understand each other. Thus, in every communication, each individual has a set of knowledge, or rather hypotheses, to take into account the different attitudes of which they can be credited (beliefs, desires, certainties, . . . ). Each hypothesis is endowed with a force, evaluated comparatively, not quantitatively. This is the context that consists of all the assumptions available to an individual at a given time. In short, it should be noted that communication is never total. There is never total recovery between what the speaker intended to say, what he said, what the listener heard, what he interpreted. If there are several listeners, there are so many versions. In the case of the EAC, every full citizen, that is, a Burundian, a Kenyan, a Ugandan, a Tanzanian, a Rwandan, a South Sudanese, will have his way of interpreting the communications of the others according to the values dear to his country of origin. And yet, roughly, you

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

246

Clément Bigirimana

can get along pretty much one way, you can count on what others say. How to reconcile this fundamental uncertainty of a functioning communication? It is to this question that all East African citizens should respond in the context of the EAC where efforts are to be combined for mutual and reciprocal appreciation of the respective values of each of the East African citizens.

Copyright © 2020. Lexington Books. All rights reserved.

CONCLUSION As it has been evoked previously, to succeed his/her communication is not an easy task. Thus, one admits, according to what precedes, that the communication has an objective to capture the attention of the other (the target) and to tempt to convince it by a modifcation or a backing of someone’s attitudes. It is based a lot more on the public relations and check on the individual's personality, here, on the personality of the East African citizens. But a specifc technique must be put in place to be able to succeed in a communication. This is how politics of communication passes by the determination of a communication strategy, which must bring the answers to a set of questions, such as What does one want to reach? (the objectives); by what target? (the public). How one wants to reach it? (the means). Why communicate? (the reasons). What to communicate? (the objects, domains, nature of information). When is it necessary to communicate? (the time). Where to communicate? (the place). How much? (the measures, the quantity of information). In the case of the EAC, the citizens exchange their experiences in the varied domains, such as the politics, the economy, the culture, the history, in order to arrive to effcient integration for a community of the union of countries, sharing some values expensive to the respective countries. But, currently, people are going as far as asking the questions on the possibility to form to the communication, to speak really of the relations. Therefore, according to Berlemont (2000), it exists, certainly, a strong public and professional demand of a scientifc place to think the media communication under an institutional angle that it was about the press, the radio, the movies, the television, the new information, and communication technologies (NICT) or of the advertisement. Also, it imports to consider the context. That means that the context plays an important role in the system of communication as well as in the production or the reception of the messages. It is in general about the environment, an environment “at a time linguistic (verbal environment) and nonlinguistics (immediate physical environment, but as social or cultural)” (Maingueneau 2009, 33). The different intervening parties of the communication making itself some representations of the other are called to fnd a land

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

The System of Communication within the EAC

247

of understanding for the success of their exchange. It is due to the various indications (indications of contextualization) that present themselves in a communicative universe. One will be going to say that the context “also corresponds to the set of the representations that some interlocutors have, and these representations are not necessarily the same to all participants of the communication activity” (Maingueneau 2009, 35). In short, the goal aimed by all community is to succeed and to create the relations between the citizens. We note that the public relations function has an impact on the organization's policy. Also, the public related activities may include press agency, promotion, publicity, public affairs, research, graphics, advertising, marketing, and merchandising support. Public relations involves responsibility and responsiveness in policy and information to the best interests of the organization and its public (Newsom et al. 2007, 18). From the above, this chapter has established that communication systems ought to be strengthened to help citizens contribute to the successful edifcation of the EAC. In the case of Burundi, the issue of language remains a major cause of concern but also mass media need to increase the time slot they allocate to the EAC issues to get citizens more informed on what is happening within the community.

Copyright © 2020. Lexington Books. All rights reserved.

REFERENCES Adar, Korwa G. 2008. “Fast Tracking East African Political Federation: The Role and Limitations of the East African Legislative Assembly.” Africa Insight 37, no. 4: 76–97. Adar, Korwa G. 2010. “Fast Tracking Federation: A Problematic Dynamic?” In A Region in Transition: Towards a New Integration Agenda in East Africa, edited by Rok Ajulu, 64–98. Midrand: Institute for Global Dialogue. Adar, Korwa G. 2014. “East African Community.” In The Democratization of International Institutions: First International Democracy Report, edited by Lucio Levi, Giovanni Finizio, and Nicola Vallinoto, 230–241. London: Routledge. Adar, Korwa G. 2018. “Sovereignty of East Africans in the Balance: The Role of the East African Legislative Assembly and the Integration Process of the EAC.” In Building Regionalism from Below: The Role of Parliaments and Civil Society in Regional Integration in Africa, edited by Adar Korwa G., Giovanni Finizio, and Angela Meyer, 65–89. Brussels: Peter Lang Publishers. Aranguren, José L. 1967. Sociologie de l’Information. Vérone: Hachette. Bachmann, Christian et al. 1991. Langage et Communications Sociales. Paris: Ed. Didier/Hatier. Bellenger, Lionel. 1989. Le Talent de Communiquer. Paris: Nathan. Berlemont, Isabelle. 2000. “La place de la communication sociale dans l’enseignement de la communication.” In L’Impossible Formation à la Communication, Édité par

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

248

Clément Bigirimana

Hélène Romeyer, 43–54. Harmattan: Institut de la Communication et des Nouvelles Technologies (Université de Poitiers). Bloch, Henriette et al. dir. 1993. Grand Dictionnaire de la Psychologie. Paris: Larousse. Bourdieu, Pierre. 1982. Ce que Parler Veut Dire: Économie des Échanges Linguistiques. Paris: Bayard. Calvet, Louis-Jean. 1988. Language Wars and Linguistic Policy. New York: Oxford University Press. Carlsson, Chris. 1995. “The Shape of Truth to Come: New Media and Knowledge.” In Resisting the Virtual Life: The Culture and Politics of Information, edited by B. James and A. B. Iain, 235–254. San Francisco: City Lights. Carnegie, Dale. 1972. Comment Gagner des Amis? Paris: Hachette. Clampitt, Phillip G. 2005. Communicating for Managerial Effectiveness. London: Sage Publications. Delupis, Ingrid D. 1970. The East African Community and Common Market. London: Longman. De Sausure, Ferdinand. 2002 [1916]. Cours de Linguistique Générale. Béjaia: Éd. Talantikit. De Vree, Johan K. 1972. Political Integration: The Formation of Theory and Its Problems. Paris: Mouton. EAC. 2007. The Treaty for the Establishment of the East African Community. Arusha: EAC Publication. no. 1. EAC Secretariat. 1999. The Treaty Establishing the East African Community. Arusha, Tanzania: East African Community Secretariat. East African Community. 2002. Treaty for the Establishment of the East African Community (As amended on 14th Dec. 2006 and 20th Aug, 2007). Arusha: EAC secretariat. Goffman, Erving. 1967. Les Rites d’Interaction. Paris: Minuit. Habermas, Jürgen. 1981. Théorie de l’Agir Communicationnel. Paris: Fayard. Hannal, Marie V. 2015. The East African Community: Questions of Sovereignty, Regionalism, and Identity (Thesis). Columbus, OH: Ohio State University. Jacques, Francis. 1985. L’Espace Logique de l’Interlocution. Paris: PUF. Kerbrat-Orecchioni, Catherine. 1980. L’Enonciation. De la Subjectivité dans le Langage. Paris: Armand Colin. Lemarchand, Rene. 1996. Burundi: Ethnic Confict and Genocide. Cambridge: Cambridge University Press. Le Must de l’Art de la Communication. Harvard Business Review France, Hors-Série – Sept 2019. Maingueneau, Dominique et al. 2009. Dictionnaire d’Analyse du Discours. Paris: Seuil. Mucchielli, Alex. 2004. Études des Communications: Approche par la Modélisation des Relations. Paris: Armand Colin (U Col.). Mworoha, E. 1987. History of Burundi. From Origins at the End of the Nineteenth Century (Dir.). Hatier. Newsom, Doug et al. 2007. This is Public Relations. The Realities of Public Relations. Belmont, CA: Thomson Wadsworth.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

The System of Communication within the EAC

249

Copyright © 2020. Lexington Books. All rights reserved.

Ngaruko, Fl. and Nkurunziza, J. Dieu. 2005. Why has Burundi Grown So Slowly? Addis Ababa, Ethiopia: UNECA. OAG. 2009. Impact de l’Adhésion du Burundi à l’East African Community. Bujumbura: Burundi. RÉPUBLIQUE DU BURUNDI. 2014. Loi n°1/31 du 3 Novembre 2014 Portant Statut des Langues au Burundi. Bujumbura: Cabinet du Président. Reuter, Yves, éd. 2010. Dictionnaire des Concepts Fondamentaux des Didactiques (2ème éd. actualisée). Bruxelles: De Boeck. Romeyer, Hélène, ed. 2000. L’Impossible Formation à la Communication. Harmattan: Institut de la Communication et des Nouvelles Technologies (Université de Poitiers). Scardigli, Mercier et al. 1984. La Société Digitale. Paris: Le Seuil. Wakefeld, Robert I. 2001. “Effective Public Relations in the Multinational Organisation.” In Handbook of Public Relations, edited by Robert L. Heath, 369–647. Thousand Oaks, CA: Sage. Wanyama, Fredrick O. 2010. “Voting Without Institutionalized Political Parties: Primaries, Manifestos and the 2007 General Elections in Kenya.” In Tensions and Reversals in Democratic Transitions: The Kenya 2007 General Elections, edited by Karuri Kanyinga and Duncan Okello, 61–100. Nairobi: SID and IDS.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 14

Kenya Citizens’ Sovereignty and the EAC Nexus The Role of Communication Agnes Lucy Lando and Faith Wariara Nguru

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION Beginning from the ancient, traditional, modern to the contemporary Social Media, communication has always played a unifying, educational, informational, and entertainment role in society. In stating this, however, one cannot overlook the fact that communication or the lack of it has also (in these periods) been used to divide communities, socioeconomic-political blocs and nations. In the case of the East African Community (EAC), it is probable that of the various factors that contributed to the collapse of the original EAC in 1977, lack of effective communication to the EAC citizens and Member States was a key factor. It then took fourteen years for the formal communique to revive the EAC, and another eight years for the Treaty to be signed. Conversely, the European Union (EU) that boasts of twenty-eight member states, and counting, is an example of an organization with similar mandates as the EAC. These nations came into existence, developed, and are continually evolving to meet their citizens’ needs and aspirations. Whereas the frst attempt to establish EU in 1993 took deep root and stood on frm grounds, the desire to establish EAC is on the third attempt. One of the reasons contributing to the success is the fact that EU member states developed communication strategies to raise awareness about EU’s existence; and the benefts that member states and citizens could derive from continues engagement. Similarly, this chapter holds that if the EAC agenda is to succeed, then communication ought to be at the core of the development of eastafricanization—the

251

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

252

Agnes Lucy Lando and Faith Wariara Nguru

process of creating EAC—which could then bring about eastafricanness— one’s feeling of belonging and ownership of EAC. Therefore, EAC as a brand ought to be so well known and accepted by East African citizens in general and Kenyans in particular, for any sense of belonging to become evident. This is premised on the fact that the EAC Communication Strategy seeks to establish a framework for the management of EAC as a brand (The Strategy Doc, 28). Consequently, the EAC would treat its stakeholders as customers and maintain a relationship of trust with them. Brand recognition requires creation of awareness to increase brand visibility, to the point that people are able to state the brand without being explicitly exposed to the company’s name. For instance, by now, 2019, Kenyans should be able to recognize EAC as a brand by its visual or auditory signifers like the logo, slogans, colours, and the EAC Anthem. Media and communication play a critical role in brand building, agenda setting, and audience participation. Additionally, we see the media as an important vehicle for strengthening the democratic process and making national and regional governments more accountable to public scrutiny. They provide information that enable citizens to participate meaningfully in the sociopolitical life. For example, they would provide fair and objective information on all candidates seeking appointments to EAC. According to Stempel and Westley (1989), the media also serve a public arena—the public sphere to accommodate the full range of (political) interests and viewpoints as would be found in an opinion piece or a feature story in a newspaper. Theoretically, the Agenda Setting infuence of media has not become weaker even in the era of high choice of media outlets. This is corroborated by Djerf-Pierre and Shehata (2017, 733) who, at the conclusion of their study, stated that there is “little evidence that the traditional news media has become less infuential as agenda setters.” It should be noted then, that the earlier Agenda Setting studies had observed that public opinion is responsive to the dominant messages provided by the news media. And that there is always a process where citizens concern for societal problem is developed as they respond to issues raised by the media (McCombs 2014). This reasoning also ought to be true for EAC. Following the above given introduction and background, this chapter therefore examines the communication of and about EAC for Kenyan citizens and their response to the EAC messages. METHODOLOGICAL CONTEXTUALIZATION This research adopted multidimensional approaches to collect data. These are content analysis, in-depth interviews, and survey and participant observation. The EAC Communication Policy document notes that the EAC

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Kenya Citizens’ Sovereignty and the EAC Nexus

253

Communication policy would be required to guide efforts toward raising public awareness of the EAC and communicating benefts of integration among key infuencers and citizens. This study focused on the two areas with a particular emphasis on the latter. The manifest content of the EastAfrican Newspaper for the period January–December 2017 was analyzed to establish the EAC topics covered, the bylines, segments, placement, length, and source. The EastAfrican is a Kenyan cross-border weekly newspaper published by the Nation Media Group. Expected to offer insightful regional news, the EastAfrican is a cross-border media circulated in Kenya and in the EAC countries of Tanzania, Uganda, Rwanda, Burundi, and South Sudan. Further, the EAC Communication Policy and Strategy document notes that “though regional media channels continue to emerge, the strong players are still limited to a few publications such as the EastAfrican, EastAfrican Business Weekly and two TV stations, namely, EastAfrican TV and ITV.” Six in-depth interviews were conducted on randomly identifed older Kenyans to establish their level of awareness of the current EAC and its integration agenda. The older Kenyans were purposively sampled because they have experienced the EAC of the 1960s and 1970s. The study adopted exploratory sampling approach to collect data from a cross-section of Kenyan undergraduate students to assess their knowledge and opinion of EAC and its agenda. These were from both private and public universities, namely Jomo Kenyatta University of Agriculture and Technology (JKUAT); the Technical University of Mombasa (TUM), Kenyatta University (KU), Strathmore University, and Daystar University. The choice to survey the undergraduate students was motivated by the fact that in the EAC Communication Policy documents, the youth were singled out as an important segment of society given their propensity to engage in new knowledge and use of new media. Further, the researchers were alert to watch out for any EAC mentions in offcial public gatherings. Finally, one structured Focus Group Discussion was held to determine participants’ feeling of belonging to the EAC. In the process of data compilation, the Eighth Annual East African Communication Association (EACA) Conference being held in Bujumbura city, Burundi, from August 28 to 30 2018 under the theme: Media and Democracy in East African Community. The conference was hosted by the Light University of Bujumbura. During that conference, there was a session in which delegates, mainly academic, media practitioners, and policymakers from EAC (majority) and beyond had the rare chance to share and debate on their EAC experiences. Since one author was present at this conference, we decided to record EAC 2018 delegates’ experiences as fndings; in the Direct Participant Observation (DPO) section. After the data collection, analysis was guided by the theoretical frameworks discussed further.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

254

Agnes Lucy Lando and Faith Wariara Nguru

THEORETICAL FRAMEWORKS The EAC Communication Policy and strategy document was published in 2014. In its introduction, the document notes “many stakeholders and the general public have not been as well informed of the signifcance or implications for them as businesses, organizations or individuals.” It was the intention of the EAC to improve on its communication to its citizens by use of all channels of communication. Their exact sentiments were that “the success of the regional communication would be measured by how it connects with the masses.” However, as recent as March 2018, the then Kenyan cabinet secretary of the EAC and Northern Corridor Development, Mr. Peter Munya stated in an opinion piece that the EAC has traveled further down the road of creating one large market, pooling resources, and infuence than many people realize. He adds that on all four fronts of creation of customs union, common market, monetary union, and a political federation, a lot of progress has been made, albeit amid challenges. The challenges, he notes, are however tackled in an atmosphere of amity, mutual respect, and trust (Daily Nation May 31, 2018). A question was posed to the undergraduate students on what channels of communication was used to make them aware of the EAC. As noted from the fndings, TV, radio, and newspapers were rated the highest. The EAC Communication Policy and Strategy documented noted the need and plan to use new media. The document states that in order to enhance reach and impact, the EAC shall also channel its communication through the new media channels including, but not limited to, the Internet and Social Media. The areas being touched by social media are specifcally Facebook, YouTube, Twitter. Besides, the document expects EAC to channel communication through the growing number of blogs in the region.

Copyright © 2020. Lexington Books. All rights reserved.

EASTAFRICANNESS As mentioned in the introduction of this book, Article 7 (i) (a) of the EAC Treaty provides for “people-centered and market-driven process of integration,” which we argued in line with Rousseau’s concept, incorporates the ideal of individual integration. Hence, the undergraduate students were asked to respond to a question: on a scale of 0–10 how Eastafrican do you feel? This was a question to also seek understanding about construction of new identities, given the consumption of media products within a changing cultural landscape. This follows the observations by Nguru (2014) who demonstrated the impact of appropriation of media products in the formation of new cultural communities.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Kenya Citizens’ Sovereignty and the EAC Nexus

255

FINDINGS AND DISCUSSIONS

Copyright © 2020. Lexington Books. All rights reserved.

Focus Group Discussion Participants We held a Focus Group Discussion among eight Kenya adults (aged between 25 and 35 years). Most of these are professionals while some are pursing postgraduate studies at the same time working. Of the six EAC member states, the interviewees were only aware of Kenya, Uganda, and Tanzania as making up the EAC. This indicates that they possess inadequate information to have the correct knowledge of the six member states. This then appears, according to the study, that the EAC branding effort has not been fully successful. This could be, on the one hand, partly attributed to EAC’s weak branding effort and on the other hand, lack of knowledge-seeking behavior of the focus group participants. This was further corroborated in the response by a number of them that “EAC information is not my interest because EAC is for the Presidents of those countries”). As Ikja-Odongo and Mostert (2006) explain, Information Seeking Behaviour (ISB) is concerned with determining user’s information needs, searching behavior and subsequent use of information. Thus, the interviewees’ perception of EAC belonging to the presidents of EAC could be the reason behind their noninformation seeking behavior. They therefore do not see the need of obtaining that particular information. However, they reported satisfaction with the fact that one could use the Kenyan National Identity Card (ID) to travel to any of the three countries, without having to acquire a temporary permit as had been the previous requirement. This information, however, came to them by way of news when the Kenyan President traveled to Tanzania through the Namanga Border using his national ID, and subsequently announced to the nation (via Media) that they too could do the same. Noteworthy is the fact that the interviewees did not go out of their way to search for this information. Rather, they “obtained” it from the news bulletin. They felt that the functions of the EAC (activities and programs) primarily interest the Presidents of the mentioned three countries, and not them. As such, they have not put in any deliberate effort to appraise themselves on EAC. The focus group participants also expressed fears of integration by noting that EAC would weaken the Kenyan quality of Education and strong currency. They were thus not eager for it. These fears could be mitigated by more relevant information, and by use of a more simplifed language, with the messages packaged in a manner to attract the targeted audience. This could further mitigate the disinterest that the focus group participants expressed when asked about the future of EAC. They responded: “It does not matter whether EAC succeeds or fails, because it does not concern us. It’s none of our business.” They perceived the success of the EAC as of

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

256

Agnes Lucy Lando and Faith Wariara Nguru

no consequence to the ordinary citizen given that it was an agenda of the ruling class. SURVEY FINDINGS The survey was conducted among161 respondents. The open-ended questionnaires were duly flled by 160 respondents out of the 161 given out. This is more than 90 percent response return rate. Question 1: Do you know about EAC? Figure 14.1 shows the respondents’ knowledge about EAC. Most of the respondents (92%) are aware of what EAC is, while 8 percent of the respondents did not know what EAC is. Knowledge and awareness were used interchangeably in discussing levels of awareness by the respondents. Name recognition of EAC as a brand was very high. However, deep knowledge of the institution was low as discussed beneath. Question 2: What Channel of Communication Was Used to Make You Aware of EAC?

Copyright © 2020. Lexington Books. All rights reserved.

The choice of a communication channel is critical in increasing effective communication. The respondents were asked to indicate the channel of communication used to make them aware of EAC. Interestingly, close to 60 percent indicated that they learned of EAC from their school curriculum. This fnding is crucial because it reveals that the Kenyan audience’s knowledge of EAC came through the educational system other than the media. Figure 14.2 shows the other channels used. From the fndings, 12 percent, 5 percent,

Figure 14.1  Citizens’ Knowledge about East Africa Community. Source: Authors.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Kenya Citizens’ Sovereignty and the EAC Nexus

257

Figure 14.2  Channels of Communication Used for Awareness in the EAC. Source: Authors.

Copyright © 2020. Lexington Books. All rights reserved.

and 2 percent of the respondents indicated that they learned of EAC through television, social media, and radio, respectively. However, 13 percent of the respondents received information on EAC from more than one channel. That is through television, radio, newspaper, and social media. Word of mouth communication was used by 3 percent of the respondents while 6 percent of the respondents did not indicate what channel. Most likely, this could be part of the 8 percent of the respondents who did not know about EAC, as we have already discussed in question one (1) above. It is however important to note that the EAC communication policy and strategy had envisioned the use of all communication channels. Question 3: What are the main goals of EAC? The survey also sought to test respondents’ knowledge of EAC goals. According to the respondents, the main goals for EAC are as shown in table 14.1. About 36 percent of the respondents indicated that the main goal of EAC is to promote peace and unity among the member states. Other main goals for EAC as indicated by the respondents are to enhance trade and economy (33.6 %), to promote development (16.4%) allow free movement (9.9%) and the lowest percentage of the respondents (4.4%) indicated that the main goal is to bring about one currency.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

258

Agnes Lucy Lando and Faith Wariara Nguru

Table 14.1  Respondents’ Knowledge of EAC Goals Goals for EAC Promote development Enhance trade and economy Promote peace and unity Allow free movement To bring about one currency Total

N

Percent (%)

45 92 98 27 12 274

16.40 33.60 35.80 9.90 4.40 100.00

Source: Authors.

Figure 14.3  Feel of Eastafricanness. Source: Authors.

Copyright © 2020. Lexington Books. All rights reserved.

Question 4: On a Scale of 0–10, How East-African Do You Feel? The respondents were asked how East-African they feel. Figure 14.3 shows on a scale of 0–10, with zero being the least, majority of the respondents (15%) rated scale of 5 and 6. Those who rated it at ten are 5 percent of the total respondents with 8 percent reported not feeling East-African at all. This question was geared to measure group identifcation with the citizens from the East African region. The social identity approach highlights that if people feel eastafrican, then they would defend the agenda and participates in its achievement. The contrary is the current state. Yet, the extent to which an individual identifes with the group predicates behavior to defend the group. It appears that the media products from and about EAC had not been appropriated deeply enough to contribute to identity change among the respondents.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

259

Kenya Citizens’ Sovereignty and the EAC Nexus Table 14.2  What it Takes for the East African Countries to Unite or Integrate What EAC Can do Allow intercultural relations, cohesion and unity One currency Open boundary One Constitution Fight corruption Improve security on the borders Generate similar education curriculum Use of common language Total

N

Percent (%)

55 31 35 15 19 15 9 2 181

30.40 17.10 19.30 8.30 10.50 8.30 5.00 1.10 100.00

Source: Authors.

The fndings showed eight suggestions that will take East African countries to unite or integrate. Table 14.2 shows that the majority of the respondents indicated that there is need to allow intercultural relations (30%) and have an open boundary (19%). The respondents also pointed out that having one currency (17%), fghting corruption (11%), and having one Constitution (8%) can make East African countries to unite. Other suggestions from the respondents are to improve security on the borders (8%), generate similar education curriculum (5%) and use of common language (1%).

Copyright © 2020. Lexington Books. All rights reserved.

CONTENT ANALYSIS The content analysis, as earlier stated, was on the East African Newspaper. Typically, The EastAfrican Newspaper has forty-eight pages with an apparent emphasis on business and political stories in the East African region. Unlike other Newspaper in each of the member countries, this weekly costs KSHS 100 (Kenya shillings one hundred; approximately one USD); making it relatively expensive for the ordinary mwananchi (citizen). The Newspaper comes out every Saturday. Berelson (1971) describes content analysis as a research technique for the objective description of manifest content of communication. Positive as this may be, one realizes that the latent content of issues raised in the media may be neglected by use of this methodology. This study adopted the story headline as the unit of analysis. Stempel (1989) proposes that in the selecting of categories of content analysis, one should assure themselves that they are pertinent to the objectives of the study, must be functional and the system of categories must be manageable. Further, Wimmer and Dominique (1994) state that all categories system should be mutually exclusive, exhaustive, and realizable. Considering these, the categories used in this study were:

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

260

Agnes Lucy Lando and Faith Wariara Nguru

subject, byline/author, placement by page, length, and version of the paper, whether it was hard or online copy. The study used bound-volumes of past issues, and where a copy was missing, an online version was utilized for the analysis. Close to a third (32.70%) of the 2017 issues were analyzed as noted in table 14.3.

Copyright © 2020. Lexington Books. All rights reserved.

CONTENT ANALYSIS OF EAC MATTERS COVERED BY THE EAST AFRICAN NEWSPAPER IN 2017 The story titles were mainly focused on trade, EAC fnances, and budgets. The concept of integration was mentioned only once out of the total seventeen stories. It should be noted that out of the seventeen weeks, four did not have a single story directly on EAC. It is the practice of print media professionals to often give lengthy coverage to issues which they regard as of national and/or international importance. Others which they consider of less importance are covered in short stories, or within another story beginning with a meanwhile phrase. In most cases, meanwhile stories that are easily lost within the other surrounding stories. However, in light of online versions, the media stories may be shorter due to space limitation and therefore length may not be a good determinant of a story’s importance. Other frames such as placement were then used to determine the story’s weighting. Of the sampled newspapers, seven stories occupied a quarter of a page while another seven occupied half a page. Two stories occupied three quarters of a page and one story occupied a full page. These totals to seven and three quarters pages out of twelve newspapers studied. Thus only seven and three quarter pages were directly devoted to EAC matters. This represents approximately 8 pages out of 576 pages; considering that every newspaper has forty-eight pages. This translates to less than 1.5 percent (1.38%) of the number of pages published. This could probably be linked to the fact that the East African newspaper is not owned by EAC but the Nation Media Group; whose primary objective is not necessarily promotion of the EAC agenda. Further, probably the writers do not get adequate EAC stories and activities to be covered. However, the cliché that the lifeline of any media house is on advertisements could be the same case with the East African where a substantial number of pages are devoted to adverts of varied nature, such as job opportunities, products, and services in the EAC region and beyond. Concerning the authorship of the stated articles, the data indicates that seven of the writers were male, while three were female. It has been argued that despite the objectivity of content in newspapers, the gender and professional training of the author shapes the tone and angle of a story. This

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Dar es salaam Accused of Breaching EAC Treaty WTO Agreement EAC Scorecard Highlights Trade Barriers Cash strapped EAC raids reserve fund

Jan 14–20, 2017

rd

th

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

11–17th November

Oct. 21st–Oct. 27th Oct. 28th–Nov 3rd

Oct. 14th to 20th Oct.

Sept. 23 –29 . Sept. 30th–Oct. 6th Oct. 7th–13th Oct.

Date

9th–15th Sept. Sept. 16th–22nd Sept.

NIL NIL Why EAC is yet to receive taxes on ‘sensitive goods’ EAC called out to mediate Kenya’s drawn stand-off NIL EAC reels from effects of long drought in higher power costs EAC Chiefs orders budget cuts as deficit bites Disputes threaten EAC integration Agenda

EAC tells Juba to comply with Treaty NIL Finally, several barriers to EAC trade tribute down Subject

EPA: Defining talks for late January Opinion piece: The Bloc’s Achievements

Jan 7–13, 2017 Jan 7–13, 2017

Feb 28, 2017 March 14, 2017 Sept. 2–Sep 8th

Subject

Date article was published

4 5

James Anyanza

NIL 31

NIL Njiraini Muchira Patty Magubwa

6

NIL NIL 35

NIL NIL James Anyanzwa Joint Report

Page

12 NIL 34

3

8

3 16

Page placement

Author

Christabel Ligami NIL Christabel Ligami

Lilian Awinja Christabel Ligami Christabel Ligami

Allan Olingo Charles OnyangoObbo Asterius Banzi

Author

Table 14.3  Articles that Have Been Covered in 2017 by the East African Newspaper

Copyright © 2020. Lexington Books. All rights reserved.

News

NIL Business News News

NIL NIL Business News News

News NIL Business News Segment

Business News

News

Segment

Half-Page

Half-Page

NIL Full Page

Quarter page

NIL NIL Half page

Length

Quarter page NIL Half page

½ page ¼ page Half page

¼ page

¾ page ¼ page

Length (page no)

(Continued)

Printed

Printed

Printed

Printed

Printed

Source

Printed

Printed

Online Online Printed

Printed

Printed Printed

Source/ Version

Kenya Citizens’ Sovereignty and the EAC Nexus 261

5 4 3 24- Mid Page

Edmund Kagire Dicta Asiimwe Dicta Asiimwe Christabel Ligami

EAC Summit to decide fate of stalled infrastructure projects Future of EAC lies in presidents’ hands Igad woos EAC 3 for common Market. Uganda Kenya South Sudan and five others could form a new trading bloc Diversity in exports and products does little to boost EAC’s Industrial production

Page placement

Author

Subject

Source: Compiled from EastAfrican Newspaper of 2017.

25th Nov–1st Dec

18th Nov–24th Nov.

Date article was published

Table 14.3  Articles that Have Been Covered in 2017 by the East African Newspaper (Continued)

Copyright © 2020. Lexington Books. All rights reserved.

Outlook

News News

News

Segment

Quarter page

3 ¼ Page Half-Page

Quarter page

Length (page no)

Printed

Printed Printed

Printed

Source/ Version

262 Agnes Lucy Lando and Faith Wariara Nguru

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

263

Kenya Citizens’ Sovereignty and the EAC Nexus

probably explains why most of the stories are on business, trade, or EAC budget. These statistics are also refective of the gender imbalance in most media houses. Additionally, it is important to note that the authors are from four of the six EAC countries. These are Kenya, Uganda, Tanzania, and Rwanda. And these are the same four out of six EAC countries that respondents in the survey said make up the EAC. Could there be a relationship in these two responses? All the same, the fact that the authors are from four of the six EAC countries is commendable because of the diversity in story coverage that each contributes. The story placement in the newspaper was also analyzed to judge on the prominence given to the EAC stories. Our guideline of assessment was as follows: Front-page coverage, highest prominence, back cover page—high prominence; inside news—low and (life-style)—lowest prominence. From the tabulation below, no article made it to the front page or the back page. Most of the news items were in the inside pages between page three and page six. One story made it to the middle of the paper, while four stories made it to the business section. Thus, readers not interested in the business stories would miss the information. Of the stories analyzed, nearly all of them were news stories, with an exception of one opinion piece and another one feature story. It has been documented that features and human interest have a greater persuasive power.

Copyright © 2020. Lexington Books. All rights reserved.

Table 14.4  Description of the EAC Story Authors Used in the Content Analysis Name (Author)

Designation

Gender

Allan Olingo

is an accomplished business journalist from Kenya. The East African a Ugandan author, journalist, and former Editor of Mail & Guardian Africa is a journalist from Tanzania is Nairobi-based journalist. She writes on science and health, environment and climate change and regional integration issues in Africa. The East African Chief Executive Officer at EAST AFRICAN BUSINESS COUNCIL is a Nairobi-based business writer for The East African  is a Kenyan journalist with over 10 years’ experience reporting on business, finance, and economics. The East African is a Kigali-based journalist with The East African and Rwanda Today is a Kampala-based writer for The East African.

Male

Charles Onyango Obbo Asterius Banzi Christabel Ligami Lilian Awinja James Anyanzwa  Njiraini Muchira 

Edmund Kagire  Dicta Asiimwe Patty Magubwa

Source: Compiled from East African Newspaper of 2017.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Male Male Female Female Male Male

Male Female Male

264

Agnes Lucy Lando and Faith Wariara Nguru

IN-DEPTH INTERVIEWS Six (6) Face to Face In-depth Interviews Were Conducted in Nairobi.

Copyright © 2020. Lexington Books. All rights reserved.

Interviewee One: Former Director in the Ministry of EAC and Northern Corridor He explained that Kenya was the frst country to draft an EAC communication strategy which has been used from 2009. When there was adequate funding, the Ministry offcials traversed the country with a view of disseminating information about EAC. They organized forums and conferences, round-table meetings, and distributed various publications including EAC Treaty documents. Ministry offcials, including ministers, used to appear on electronic media to educate Kenyan citizens on EAC and EAC agenda. The youth, he noted, were particularly targeted by way of EAC clubs in universities. Some of those universities include Jomo Kenyatta University of Agriculture and Technology (JKUAT), University of Nairobi (UoN) and Masinde Muliro. In an effort to mainstream the EAC, the Ministry sponsored the Kenya music festival where the EAC information was packaged and disseminated by way of music and drama. He also said that the Ministry had exhibitions such as Nguvu Kazi (energy and work) and also sports and cultural events that were being used to get more public participation. According to the EAC Treaty, he said, Partner States are supposed to talk to their citizens about EAC, hence the activities outlined above. He noted that information was also disseminated through the East African Court of Justice and East Africa Legislative Assembly (EALA). The challenge, he stated, is mainly lack of funding that has since halted a number of the earlier initiated communication and educative activities. The other challenge is that the Ministry of EAC has not always been a standalone ministry. This is because other functions of government such as trade were annexed to it. And such, the Minister’s attention to the EAC is divided. Another interviewee who is a security expert stated that EAC was stronger in the older days—EAC I—where there was more information in the media. He hailed the EAC yester year’s activities, sharing of resources (common services) such as the East African Railways, East African Airways, and the EAC buildings which are still in Nairobi, but now simply referred to as Community. The building now belongs to Kenya. The closure of the boundaries and disintegration of community appears to have left a bad taste in the mouth of the other EAC member states. Thus memories of the perceived injustice still linger hence member states’ slow uptake in the new EAC. That is, the other countries could be suspicious of the genuineness of all member states in this current attempt to revive the EAC. The third interview was conducted on a motivational speaker and counsellor. She reported that the EAC is perceived as a government “big fsh-”driven

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Kenya Citizens’ Sovereignty and the EAC Nexus

265

institution. She was not sure what its real benefts were/are to the individuals and communities of Kenya. How does it affect my taxation, for example? Why should I pride in the EAC? These are the questions she is constantly asking herself. She felt that for EAC to become better known and accepted, it should cascade its informational campaigns to the grassroots. It should use all the communication channels, particularly those that are youth-centred in order to infuence perceptions and commitments. The fourth interviewee was a professor who studied in Makerere University during the original EAC in the late 1960s. He shared that he is very conversant with the EAC agenda (then) because there were popular songs, and institutions that refected the agenda. He noted that today, the work of the Inter-University Council of East Africa (IUCEA) continues to build and strengthen EAC integration and should be supported. He knows about the current EAC efforts to re-integrate, but he notes that there is less warmth and reduced optimism by individuals and Partner States. The ffth interviewee was a middle-aged businessman. He reported the importance of the EAC because of the larger market of goods and services from the Partner States and from the international community. He thought that political good will by all Partner States is critical to the fulflment of the Treaty. Thus, he emphasized that Partner States should cooperate to allow free fow of personnel, labour across the boundaries. Currently, it seems some countries are more willing than others to accept expertise from neighbours. He gave an example of Kenyan experts who have served as presidential advisers in Partner States. The sixth interviewee was female educationist who has served in the higher education sector for over twenty years. She believes that it is a noble idea to have the countries unite, citing umoja ni nguvu (unity is strength) principal which can help re-dress the issues of colonialism that left resources and nations divided. The (political) leaders and the national ministries should embark on informational campaigns to popularize the benefts that local communities and Partner States could derive from the union. The strategies outlined in the communication policy should be funded, if there is to be any success in the integration project. These communication strategies should also deliberately target people in the grassroots—such as the young, old, less educated, and so on—to take care of the suspicion and fear of the unknown. DIRECT PARTICIPANT OBSERVATION We observed that in public functions in Kenya, the activities were preceded by the Kenyan national anthem, then immediately followed by the EAC anthem. Also, there were times when both fags were hoisted at public functions. This includes functions at State House as well. Presidents of these

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

266

Agnes Lucy Lando and Faith Wariara Nguru

countries also visit to show solidarity when a Partner State has a function, such as swearing in ceremonies. As earlier stated, we used the occasion of the Eighth Annual East African Communication Association (EACA) Conference which was being held in Bujumbura city, Burundi, from August 28 to 30, 2018 under the theme: Media and Democracy in East African Community to collect additional data for the study. We noticed that both the fags of Burundi and EAC were hoisted a few days to, and throughout the conference duration. There was also a spirit of joy and celebrations among many of the EAC delegates as they shared that in the hotels they were staying, the residents spoke French while they (delegates) spoke English. It was therefore somehow frustrating to want to communicate and fail, due to language barrier. But life became more fun when they discovered that there was a common language they could all use and understand— Kiswahili! Another strength was the fact that at the opening and closing of the conference, both the Burundi National Anthem (in Kirundi) and the EAC Anthem (in Kiswahili) were sung. However, the EAC members at the Bujumbura conference complained about the high cost of travel. A number of delegates shared that it did cost them more than USD 700 for a return fight from Nairobi to Bujumbura. They felt that they could make a return trip to Europe or USA with that same amount. Those who traveled by road experienced unfriendly roadblocks and “mean” border offcials who required, several times, that everyone gets out of the vehicle to be checked by security personnel. They wondered whether once was not enough, from the port of entry. It thus seemed that EAC passports and/or member states National IDs had no effect at all. So members felt that they do not belong to EAC as much as their Presidents who, when they travel using the ID are not treated in a similar demeaning manner. This observation was in reference to the Kenyan President who crossed into Tanzania using his ID and encouraged citizens to do likewise. Some delegates expressed that with such restrictions, and with some of them having had the USA or EU travel experience, felt that they are more welcome in EU/USA and their member states compared to EAC. While EU policies ensure free movement of people, goods, services, and capital within EU, the reverse was their experiences in EAC. This revelation corroborates survey fndings on the question: “How East African do you feel” with majority members indicating that they do not feel that they belong to EAC. Another observation was that at the offcial opening and closing of the conference, the Burundi National Anthem was sung, followed by the EAC Anthem. The Burundi Anthem was in Kirundi, while the EAC one was in Kiswahili. It was observed that the many voices that sung along the Burundi Anthem faded under during the EAC Anthem. This was preceded by a surprising murmur and giggles. It was mainly the music playing the EAC anthem

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Kenya Citizens’ Sovereignty and the EAC Nexus

267

that could be heard, as majority of the delegates moved their lips without producing any sound. This basically communicated that EAC members do not know the EAC anthem, yet this is a key symbol of unity. Further, the government offcials at the opening and closing ceremonies challenged the media in Burundi and the member states to objectively and truthfully report about each member of the EAC. Being an EAC communication conference, the government offcials challenged the EAC Communication, Research and academic fraternity to play a pivotal role in branding and marketing EAC. It was noted that some EAC member states talk negatively of others, without even verifying the authenticity of their reports. As discussed by Lando (2013), the act of inaccurate media reporting and coverage raise serious media ethical questions in the minds of audiences regarding media practice and professionalism. This is further a challenge to both the generators and consumers of such uneven messages. Such a practice promotes neither eastafricanization nor eastafricanness. Probably education of and about EAC ought to be taken by each member state to its citizens so that only the correct understanding of the EAC is communicated. This will help in decolonizing the minds (Frassinelli 2018) of EAC citizens, especially where fear and stereotypying of EAC citizens and EAC member states is present. Decolonizing, as used here, means EAC Kenyan citizens (as well as those of other EAC member States) making a new start and developing a new way of thinking which should then translate into creating an EAC that is void of stereotyping, fear, and suspicion of other EAC citizens. The government offcials at the conference, as well as a number of delegates during their presentations, encouraged participants to travel as tourists to each other’s countries so as to market each other. They were encouraged to know the facts and realities of each member state for accurate representation to third parties. Also mentioned was the need to incorporate/involve the security and immigration personnel in the eastafricanization process because they are the frst face of a country a guest/tourist encounters. Even if the marketing has been extensively and well done, the reception a guest receives at the port of entry will contribute to the promotion or diminishing of the interests and efforts to eastafricanization and eastafricanness. The marketing, the delegates noted, ought to be done by everyone in the region and not leave that task to the heads of EAC States alone. Probably then the EAC needs to fnd a better way to rightly involve its citizens in the EAC agenda and communicate correct messages to enable them own and participate in eastafricanization and eastafricanness. After all, Smith (2011) concludes that communication is involvement and one can learn so much about people from a different culture with different ideas and needs by listening, observing, asking questions, and taking part in community affairs. He emphasizes that communication that creates understanding occurs only through involvement in each other’s lives

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

268

Agnes Lucy Lando and Faith Wariara Nguru

and interests. This is one of the areas in which EAC ought to work harder. If properly involved, the Kenyan EAC citizens are likely to be positive ambassadors of EAC in Kenya and beyond.

Copyright © 2020. Lexington Books. All rights reserved.

CONCLUSION AND RECOMMENDATIONS Findings from FGD, interviews, survey, content analysis and direct participant observation have a lot in common. One such key common fnding is the need to raise the level of awareness from the grassroots to the corridors of power about the correct EAC integration agenda (see also chapter 15, 17, and 18). The recent step by EAC to establish the COMESA virtual university hosted at Kenyatta University, in Kenya, will go a long way in improving communication about EAC. The program is expected to provide sound conception policy and practical training on regional integration. As noted earlier, the educational systems and curriculums play a major role in educating citizens to accept and hopefully participate more in the building of the community. The data provided by this study confrms the conviction that the EAC Communication policy set out. The policy document holds that EAC integration success depends on more communication, and that the EAC is best served by opening more and better cannels for the exchange of information and ideas with its key partners and audiences. Given our fndings, we concur with Yang and Taylor (2015) who highlights the necessity of adopting a long-term approach to the use of inter-organizational networks to bring about societal change. In their view, “a dynamic inter-organizational network” should emerge within which communication constitutes organizations, while organizing processes in turn, shape communication. Data from Kenya confrms that it will take support from educational institutions, local communities, and large-scale national efforts to increase levels of awareness and commitment to the EAC agenda. An example of this community ecology and communication was the attempt to introduce EAC week in the Kenyan universities. This effort would increase the channels of communication about the EAC agenda; not only to the University communities but to tertiary audiences. Given the fndings from the Content Analysis of the East African Newspaper, this study recommends that EAC develops its own regional media outlets such as a newspaper or even radio station. In so doing, EAC can then set the agenda to be covered in these media outlets. In attempting to improve communication effectiveness, the EAC will need to combine high-level abstractions noted with words such as justice, democracy, freedom, law, and order with low-level of abstraction in their messages. An illustration of this might

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Kenya Citizens’ Sovereignty and the EAC Nexus

269

be the use of examples in helping break down/defne concepts found in much of the political rhetorics that characterize treaties, legalese, and diplomatic talk that create a buffer between them and the ordinary citizens. Lando (2017) conducted a study to establish why Media Practitioners (MPs) hop from one media house to another. The argument was that “knowing the reasons why MPs hop could enable media managers (employers) handle the challenge of media hopping and lessen the turnover in their respective media houses” (Lando 2017, 131). Similarly, knowing why different EAC member state citizens (and probably governments) are slow on the eastafricanization process and eastafricanness could play a pivotal role in the success of the current EAC restoration attempt. Consequently, we recommend a similar study in each of the member states, to ascertain individual citizens’ and governments’ fear of eastafricanization. It is only then that a proper treatment of the fear could be adopted. Further, greater use of social media could make better inroads to the youth in member states, given the increased access to digital communication channels in the EAC region.

Copyright © 2020. Lexington Books. All rights reserved.

REFERENCES Berelson, Bernard. 1971. Content Analysis in Communication Research. Hafner: New York. Djerf -Pierre, M. and Shehata, A. 2017. “Still an Agenda Setter: Traditional News Media and Public Opinion During the Transition from Law to High Choice Media Environments.” International Communication Association, 67: 733–757. Franssinelli, Pier Paolo. 2018. Decolonisation: What It Is and What Research Has To Do With It. Pretoria, SA: Van Schaik Publishers. Ikja-Odongo, R. and Mostert, J. 2006. Information Seeking Behaviour: A Conceptual Framework. https​://ww​w.res​earch​gate.​net/p​ublic​ation​/2753​32332​_Info​rmati​on_se​ eking​_beha​viour​_A_co​ncept​ual_f​ramew​ork [accessed August 22, 2018]. Lando, Agnes Lucy. 2013. “Media Ethics in the Kenyan Media? Understanding the Disconnect between the Classroom and Practice.” African Journal of Communication. Nairobi: East African Communication Association, no. 1: 15–42. Lando, Agnes Lucy. 2017. “Journalists’ Frequent Movement from One Media House to Another Expose Emerging Challenges of Media Management in Africa in the Digital Age.” In Digital Transformation in Journalism and News Media: Media Management, Media Convergence and Globalization, edited by Mike Friedrichsen and Yahya Kamalipour, 131–150. Cham, Switzerland: Springer. McCombs, Maxwell. 2014. Setting the Agenda: The Mass Media and Public Opinion. Cambridge: Polity Press. Nguru, Faith. 2014. Foreign TV Shows and Kenyan Youth. What Happens When Kenyan Youth Watch Foreign TV Shows? Nairobi: MAP. Roger, Wimmer and Domminick, J. R. 1994. Mass Media Research: An Introduction (4th ed.). California: Wadsworth.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

270

Agnes Lucy Lando and Faith Wariara Nguru

Copyright © 2020. Lexington Books. All rights reserved.

Smith, Donald. 2011. Make Haste Slowly! Growing Effective Intercutlural Communication. USA: CONDEO Press. Stempel, Guido. 1989. Research Methods in Mass Communication. Englewood Cliffs, NJ: Prentice-Hall. Yanga, A. and Taylor, M. 2015. “Looking Over, Looking Out, and Moving Forward: Positioning Public Relations in Theorizing Organizational Network Ecologies.” Communication Theory, 25, no. 1: 91–115. https://doi.org/10.1111/cont.1204.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 15

Rwanda Citizens’ Sovereignty and the EAC Nexus The Role of Communication Willy Mugenzi

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION This book delves into concepts with far-reaching policy-practical implications on East Africans and Rwandans in particular. Whereas concepts such as sovereignty, democratization, participation, integration, eastafricanization sound elitist and sophisticated, the process of translating the foregoing into practical experiences of Rwandan citizens (learned and unlearned) actualizes East African Community’s (EAC) mantra: people-centered integration. It (the process) also operationalizes the concept of communication and its role of validating or invalidating citizens’ right of preserving or surrendering their (territorial) sovereignty, their fears (actual or perceived), and expectations from the ongoing regional integration (East African Community) agenda. Whether communicated collectively or individually through personalized social media platforms or mainstream media or public sensitization meetings, the citizens’ right to know about EAC integration processes—achieved milestones, the transitioning from one integration stage to another and its implications, is an inalienable right. To contextualize the foregoing concepts, this chapter brings Rwanda into the wider scope of the book. It interrogates whether or not Rwandans are aware of the processes of EAC integration. As the fgure 15.1 demonstrates, citizen awareness is foundational to ownership and sustainability of EAC integration agenda. Centrally, the chapter argues that there is proximate nexus between citizen awareness and citizen-centeredness in far as EAC integration. Are there practical indicators of citizencenteredness since 2007 Rwanda and Burundi joined three Partner States of EAC—Kenya, Uganda, and Tanzania? The objectives of the chapter are 271

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

272

Willy Mugenzi

Copyright © 2020. Lexington Books. All rights reserved.

Figure 15.1  Behavior Change Communication. Adapted from Stages of Behavior Change (Morris et al. 2012) and graphically contextualized to suit the purpose of this chapter.

twofold: First, to contextualize complex academic-policy terms for diverse audiences, the book targets to communicate with. Second, the chapter provides a discussion centered on communication of EAC integration agenda with special focus on Rwanda. However, for purposes of comparisons, cases from outside Rwanda but within EAC Partner States will be drawn. Finally, the chapter ends with recommendations. The analysis of the latter objective shall be informed by the state of media in Rwanda vis-à-vis its capacity to mobilize [Rwandan] citizens make informed choices, actions, and drive the current regional integration agenda to the desired level: a sustainable and viable people-centered EAC. The analysis shall also be underpinned by behavior change communication theory because of its emphasis that changing citizen nationalistic beliefs, attitudes, and behaviors is critical for the success and sustainability of long-term socioeconomic and political EAC regional integration. The chapter advocates for closing knowledge gaps (awareness) and by adopting a consistent and proactive communication as opposed to occasional use of media and events to communicate EAC activities to EAC citizens. Planners and decision-makers can sometimes take the ultimate endusers (citizens) of their plans and decisions for granted—assuming they are ­clueless—not seeing and evaluating consequences of their actions and

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Rwanda Citizens’ Sovereignty and the EAC Nexus

273

decisions (rightly or wrongly). This assumption is wrongly invalidated when citizens openly or silently decline supporting the implementation of development projects. Citizens are not merely benefciaries, but active actors or partners in development/regional integration processes and this is critical for the project’s success and sustainability. This chapter delves into the discussions about Rwandan Citizens’ Sovereignty and the EAC Nexus: The Role of Communications. Considering that the book’s principal focus and scope is East Africa and East Africans, the chapter brings the discussions about Rwandan’s awareness of EAC integration into the wider academic-practice-policy-oriented debate. Are there practical indicators of citizen-awareness of EAC regional agenda in Rwanda? What is the nexus between citizen-centered communication and citizencentered EAC ideal since Rwanda joined the EAC on July 1, 2009? Are there plausible linkages between citizen awareness, citizen goodwill to surrender their territorial sovereignty for the sake of EAC regional integration? To answer the foregoing questions, evidence generated from reports in public view, research papers shall be used. While organs and institutions of EAC will brought into discussions, the principle of sensitivity will be maintained. In view of this, we will publicize what is public and ignore what is sensitively construed as confdential. To make the chapter responsive to diverse audience information and knowledge needs, a mix of theoretical and practical cases are analyzed and infused together throughout the discussions. In consideration of the foregoing, concepts in this chapter need clarifcations.

Copyright © 2020. Lexington Books. All rights reserved.

CONCEPTUAL FRAMEWORKS It is worthwhile to operationalize key concepts which sound sophisticated and elitist. Policy-makers, scholars, and practitioners are called to minimize sophistication of their messages to the beneft of citizens as ultimate benefciaries. From outset, in the remaining part of this chapter, we note with emphasis—citizens are considered and presented as active partners or actors in regional integration processes rather than ultimate benefciaries. The practice of considering citizens as benefciaries partly contributes to denial of citizens the rights to meaningfully participate in development and regional integration processes. Whether in nature science or social science, the universal rule of communication is to keep the message as simple as possible—essentially—to be understood. Simply put, communications aims at simplifying hard data, complex information (messages) and knowledge for wider consumption and application/re-(use) by diverse publics: policymakers, practitioners, bureaucrats, and EAC citizens. Communication is a two-way and circular process

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

274

Willy Mugenzi

of sharing meanings, relationships, and information through specifc channels guaranteeing feedback between government/state actors and citizens (Mugenzi 2009). The most effective mode of public communication is the one that positions citizens at the centre of discussions and decision-making process. Communication involves discussions, negotiations, participation, and exchanges. Essentially, such endeavors actualize the idealized EAC citizen-centered regional integration as articulated in the EAC Development Strategy (2017) and EAC Treaty (2007). From the foregoing defnition of communication, there is a conceptual harmony between the EAC’s ideal: citizen-centred regional integration, citizencentred communication, and effective citizen participation in the regional processes. The latter puts citizen-centred discussions, shared meanings, interactivity, or what is popularized as “exchanges” (Mugenzi 2009, 2) into perspective and practice. In principle, citizen-centred communication should facilitate the actualization of 7(1) (a) of the EAC Treaty which stipulates that the community shall be guided by people-centred and market-driven cooperation (EAC 2002, Article 7(1, a). Most critical to the theme: Rwandan Citizens’ Sovereignty and the EAC Nexus: The Role of Communications, is the emphasis: “putting end-users—citizens—frst,” in all public communication endeavors, Mugenzi (2009, 2). Sovereignty is a widely defned concept, and it falls under a murky legal domain. Walid Abdulrahim, a legal expert, defnes territorial sovereignty as the right of a state to exercise over its territory, to the exclusion of any other state [or any regional integration actor], the functions of the state. In this study, the concept territorial sovereignty is operationalize with the notion that citizens will always have goodwill to surrender their territorial sovereignty wherever technocrats and decision-makers put citizen primary needs and right to know or access to information about EAC integration Agenda at the centre of discussions at policy and grassroots levels. Putting Rwandans/East Africans citizens at the center of regional integration discussions is what we refer to as the interplay between citizen-centered communications and citizen-centered regional integration. Viewed this way, citizen-centered communication is critical for operationalization of citizencentered regional integration ideal or what this book articulated as “eastafricanization” (Adar 2014, 19). Citizen-centred communication is, therefore, a catalyst and a means for the survival and success of effective realization of Adar’s conception of eastafricanization (Adar 2014, 19). Additionally, ineffective citizen-centered communication, citizens are more likely to preserve territorial sovereignty at the expense of regional integration. The foregoing adds credence to the scholarly and practical claim about the nexus between sovereignty, communication, and EAC regional integration—the key concepts widely discussed in this book.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Rwanda Citizens’ Sovereignty and the EAC Nexus

275

Communication and media tend to be conceived and applied interchangeably by nonspecialists and novice scholars. Practically, the two terms are different though interrelated and interdependent. Media (social media and news media) are some of the channels through which citizens of EAC Partner States, Rwanda, for instance, get information about East African regional integration agenda. Media are the source of the information people need to make informed choices and decisions and that they serve as the channel through which mass communication is achieved. Media’s contribution in making citizens make informed choices and decisions has been overly cited and overplayed by media scholars and it risks being overgeneralized (Nyabuga 2011). Without downplaying the importance of the news media, its capacity to enable citizens make informed choices and decisions needs contextualization, empirical testing, and geographical delimitations. How would far-to-reach East Africans make informed choices/decisions about regional integration when access to related information is not only structurally constrained but competed against by other most pressing human needs—routine struggles for survival? This is in line with the view we seek to emphasize: citizencenteredness is preceded by citizen awareness. Considering episodic EAC communication activities, this aspiration might remain farther from actualization. Limited fnancial (budget) prioritization tends to be cited as a cause for low levels of citizen awareness of EAC integration agenda. Whereas social media platforms are generally personalized channels of sharing information, they are nonstructured and not strictly time-bound. Personalized as they are, social media are actualizing the concept of citizen journalism and the troublesome fake news. News media are formally structured and guided by what media scholars have popularized as news values: prominence, proximity, consequence, human interest, and oddities (Galtung and Ruge 1965). News media’s adherence to universally acceptable news values and ethical principles is not only making news media trustworthy, they have shielded East African citizens from being distracted and misguided by dramatizing elements of fake news. However, news values are not cast in stones and listing them cannot be exhaustive. They are ranked and prioritized differently as per editorial needs and editorial policy of the media organization and other operating contexts and interests of the society. For instance, The New York News Publishers Association prioritizes: novelty (uniqueness), impact, timeliness, proximity, interest, and confict as news values (Galtung and Ruge 1965). Whereas confict is prioritized by The New York News Publishers, there are media organizations (though few) which prioritize peace at the expense of conficts. Considering the history of hate media in EAC region (Rwanda and Kenya’s in 2007–2008), prioritization of controversies over consensus is a self-defeating

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

276

Willy Mugenzi

mind-set on the side of media operating in EAC. Africa has been the victim of media’s focus on contradictions/conficts, notwithstanding Africa’s recorded history of deadly conficts (including genocide against Tutsi in Rwanda). This confrms the view that—media only mirrors the society. This should not condone irresponsible journalism practices—highly professional journalists carry minimization of societal harm—social responsibility into their routine journalism work(s). From the foregoing, it goes without emphasizing that EAC Secretariat, EAC institutions and organs as well as state institutions (Ministries) with EAC Affairs in their mandate ought to craft public messages (information) after thoughtful consideration of the varying news values and media interests of the different media organizations. Media’s editorial space is being competed for by different actors—business operators, nongovernment organizations and other national state actors (Meyer 1973). To stress, media interests are not homogeneous, especially in today’s polarized global and regional context. The term “awareness” may be misunderstood as implying that one party is going to reach another one party so that this secondary part “becomes aware” (Schaap and Steenbergen 2002, 12). Considering such a narrower and linear way of defning awareness, the two authors proposed that “citizen awareness should be seen as an interactive movement in which as many parties are involved (Schaap and van Steenbergen 2002, 12). To realize the principal of citizen awareness, Schaap and van Steenbergen (2002) stressed, the importance of research, effective planning, and citizen participation as prerequisites for successful citizen awareness. Whereas Schaap and van Steenbergen (2002) advanced citizen awareness as a process of creating knowledge, changing attitudes, and behavior, it is our considered view that citizen awareness is defned as a process of creating or availing important information and knowledge to citizens about a new issue—(for instance, an innovation, invention, existence of a problem, an action, a decision, a policy, or solution) and so forth. Citizen awareness is therefore the starting point rather than a wide-ranging communication endeavor that can independently infuence change of attitudes and behaviors toward citizen-centered eastafricanization (Adar 2014, 19). In terms of strategic communication, citizen-awareness, in itself is neither an effective attitudinal nor behavioral-changing strategy, but a foundational step for a set of logically connected series of communication actions/activities. In fact, the principal essence of citizen awareness is letting a citizen know about the existence of something (e.g., the existence of EAC integration arrangement) but not necessarily compelling him to support and own the EAC processes: activities, policies, programs, and so forth. While knowledge is crucial for informed actions, we note that knowing something and acting on it are two separate things. For instance, a Kenyan citizen may know that the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Rwanda Citizens’ Sovereignty and the EAC Nexus

277

Government of Rwanda offers free entry visas to East Africans, but this may not necessarily mean all Kenyans will go to Rwanda. However, “the need for public awareness of a certain problem prior to [citizen] participation is not always recognized” (Schaap and van Steenbergen 2002, 13). This is how the theory—Behavior Change Communication (BCC) gains weight—because it integrates awareness and behavior change into the wider communication process. It also considers citizen awareness as an integral and foundational part of regional integration communication strategy. Operationally, citizen awareness means availing people with information and knowledge about EAC integration processes. Whereas making EAC integration processes—objectives, activities, stages, programs, projects, and so forth, known to citizens (citizen awareness) is crucial, it is not suffcient to ensure the survival, success, and sustainability of EAC integration agenda in EAC Partner States. On its own, citizen awareness cannot for instance, lead to the realization of “positive mindset and commitment among the leaders, implementers, and the general population to ensure successful and result-oriented EAC Development Strategy [2017–2021] implementation” (EAC Development Strategy 2017, 50). Effective public mobilization rather than top-down executive decision was cited as one major contributor to sustainability of EAC integration and the realization of EAC Political Federation, the Report of the Committee on Fast Tracking East African Federation (2007).

Copyright © 2020. Lexington Books. All rights reserved.

COMMUNICATING EAC REGIONAL INTEGRATION Sometimes the East Africans don’t understand some things we talk about because they don’t experience it. EAC is about the feelings and experiences people get when they travel to other countries. It can’t just be on paper, but practice. (H.E, Rwanda’s President and Chair of the EAC Summit, Paul Kagame, interview, Daily Monitor, Monday February 18, 2019)

Article 71(1) (f) of the Treaty for the establishment of the EAC (2007) bestows the EAC Secretariat and its organs and institutions the responsibility of promoting and disseminating information to stakeholders, the general public, and international community. From the foregoing submission, two points can be made. First, the drafters of the Treaty, specifcally Article 71(1) (f) inadvertently or deliberately revealed the common accusations made against most policymakers in Africa—applying a top-down rather than a bottom-up governance and communication approach. The latter is citizen-centered while the former is not only centered on policymakers; it is a linear, noninteractive, and guarantees no feedback from the citizens.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

278

Willy Mugenzi

Disseminating information “to” citizens rather than sharing/exchanging information (communication) “with” citizens presupposes citizens are passive recipients of policy directives, decisions, innovations, and so forth, from EAC Secretariat, Organs and Institutions. This approach contravenes the operative principle—a people-centered and market-driven cooperation, Article 7(a) of the EAC Treaty (2007) and the principle conferring East Africans sovereign rights, Article 50(1). Whereas dissemination of information is often equated with communication, the two are scholarly and practically approached differently. Disseminating information implies a linear and noninteractive process of depositing messages into passive stakeholders (citizens) about a program, policy, innovation, or research fndings without soliciting their inputs (feedback) (Mugenzi 2009, 2). Importantly, the 1999 EAC Treaty and the revised Treaty (2007) emphasize a people-centered integration but the Treaty as amended, does not provide clearer “modalities of citizenry participation. Indeed, the term ‘citizens’ rarely appears in the 129 page document” Research Report on the Participation of Citizens in the EAC Integration Process (2013, 21). Whereas Article 127 of the EAC Treaty (2007) articulates stakeholders’ participation in the EAC integration process, apparently it emphasizes private sector and civil society participation. However, sometimes representation of two nonstate actors (Private Sector and Civil Society) in EAC integration processes does not necessarily translate into citizen participation. Without prejudicing Article 127(4) and Article 7(d) of the EAC Treaty (2007), “it is no wonder the term ‘citizens’ appears only 5 times, compared to 22 times for private sector and 13 times for civil society,” Research Report on the Participation of Citizens in the EAC Integration Process (2013, 22). The only time when the Treaty got closer to citizen participation is in Article 121(a) which emphasized the “effective integration and participation of women at all levels of socio-economic development especially in decision-making,” the Research Report on the Participation of Citizens in the EAC Integration Process (2013, 22). Importantly, equating citizens to “the general public” in the EAC Treaty (2007) 71(1) (f) devalues the inherent sovereign rights and powers of the EAC Citizens as stipulated in EAC Treaty (2007) Article 50(1) and the spirit of eastafricanization and eastafricanness and as eloquently articulated by Adar (2008; 2010, 71; 2014, 19; and 2018). The role of communication within the EAC is to enhance the widespread awareness as means of cultivating the goodwill of EAC citizens toward regional integration (EAC Communication Policy and Strategy 2011, 24). There is closer nexus between public awareness and dissemination of information. For instance, citizens of a country X might know (be aware of) the existence of EAC, but they do not think/feel compelled to exchange their highly valued territorial (national) sovereignty to EAC regional integration.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Rwanda Citizens’ Sovereignty and the EAC Nexus

279

The EAC Communication Policy and Strategy further stresses that “to attain the ideal of people-centered and business integration [in EAC], the communication policy shall specifcally seek to address issues and pursue objectives that are critical to the integration process” (2011, 24). Popularizing EAC, its mandate, processes, achieved milestones to EAC citizens falls under all EAC regional institutions and organs and Ministries with EAC Affairs in their remit in EAC Partner States. Key policy documents of EAC organs and institutions: EAC Treaty (2007), EAC Development Strategy (2017), EAC Communication Policy and Strategy (2011), EALA Strategic Plan (2013–2018) among others, emphasize accelerating a peoplecentered integration, achievable through citizen sensitization. Given its interactive and dialogic nature, sensitization is an effective citizen-centered communication approach worth replicating by all EAC Organs and Institutions. The foregoing view is supported by Nyabuga in his study, Enhancing Equity in the East African Regional Integration Process: Role of the Media, noting that “face-to-face meetings are quite effective in promoting certain agendas or ideologies. In this case, face-to-face equates to sensitization. EAC and individual countries’ offcials and Civil Society Organizations (CSOs) should take this cue and organize civic education and other public forums to promote EAC issues” (Nyabuga 2011, 160). Citizen sensitizations is a good supplement to the occasional high-level, high-stake Council of Ministers and Summits which happen in capitals of EAC Partner States. Rarely citizen issues are generated to inform and shape such high-level policy discussions points and recommendations. Civil Society participation in such crucial forums is still restricted to observer status. In view of the above, two points need to be noted: First, the EAC Treaty (2007) and other subsequent policy documents specifcally their emphasis of a people-centered and market-driven regional integration have been widely lauded as a clear departure from the frst and collapsed EAC and ftting the new EAC regional integration agenda within the trendy global economic imperatives or what Duncan Okello and Gladys Kirungi referred to as “globally dominant neo-liberal economic ideology” (2011, XVI). How this central ideal translates into practice in EAC Partner States is revelatory of the usual good intentions–actual actions gaps in Africa. Second, the initial processes of EAC integration and irregular activities of EAC Organs specifcally EALA Members of engaging citizens of EAC Partner States into active conversations (sensitization) exemplifes laudable efforts of actualizing the citizen-centered regional integration process through what the chapter writer referred to as citizen-centered communication. However, this practice tends to be episodic and reactive rather than consistent and proactive. This view was confrmed by the Chairperson of EAC Summit and Rwanda’s President, Paul Kagame: “We really need to take the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

280

Willy Mugenzi

ideals of the EAC to the people. They need to buy in, they need to understand it and own it, so that it is not just leaders talking about it,” Daily Monitor Newspaper, Monday, February 18 (2019). Third, the media’s contributions in mobilizing EAC citizens to willfully surrender their national outlook and identities and embrace “EastAfricanization” (Adar 2014, 19) through available forums, tools, and media remain an ideal rather than a reality. For instance, Nyabuga (2011) argued that the contribution of news media as a platform through which East Africans— Rwandans, Burundians, Kenyans, Ugandans, and Tanzanians—can make sense of regional integration and regionalism under the rubric of the EAC has been modest—nearly falling short of mentioning the word—“minimal.” Whereas EAC Secretariat organizes Annual EAC Media Awards ceremony as a strategy to incentivize media reporting of EAC integration processes, the Synthesis Research Report on the Participation of Citizens in EAC Integration (2013) acknowledged that media coverage of EAC integration issues in Tanzania is still very limited. Whereas this research report covered Tanzania, minimal media coverage of EAC integration process remarkably cuts cross in all EAC Partner States. Qualifying the choice of the word “modesty,” the writer acknowledged that “the quality and depth of media coverage and content in individual EAC member states vary depending on editorial policy, target audiences, ownership and management, among other factors” (Nyabuga 2011, 130). Earlier, we noted that prior knowledge of media’s editorial policy (interests) is a crucial requirement before engaging media. The writer further attributed the scantiness of EAC media coverage in Partner States to media’s focus on national issues at the expense of regional integration. Nyabuga (2011, 130) referred to the state of media coverage of EAC issues in Partner States as “mostly skewed in favor of national matters.” Prizing national stories over EAC regional integration narratives: regional integration milestones, policy directions, and established mechanisms to fast-track the regional integration potentially limits citizen knowledge of, effective participation and ownership of EAC integration processes hence reducing the momentum of actualization of Adar’s concept of eastafricanization (Adar 2014, 19) or the eastafricanness. Highlighting media’s focus on national rather than regional issues, Nyabuga (2011, 130) further revealed that the concept of integration is often not clearly or indeed deeply internalized, and many people, particularly the ordinary populace in Partner States, remain ignorant of the benefts accruing from the current EAC.” The ultimate casualty of such limited presence of EAC regional issues in the mainstream media is the EAC citizen. Citing Owino Opondo’s views, Nyabuga (2011, 144) attributed media’s focus on national rather than EAC regional issues to “political patriotism, lack of depth and audience’s needs for content is more relevant that meets their immediate needs.”

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Rwanda Citizens’ Sovereignty and the EAC Nexus

281

Nyabuga (2011, 159) cited recommendations from the Second EAC Annual Conference on Promotion of Good Governance. The conference recommended “commissioning research,” which among other things could focus on citizens’ knowledge, attitude, practice, and behaviors relating to the EAC. The fndings of the research would contribute toward achieving among other things: “[enriching] regional information and communication policy, to create awareness and mobilize allies” (Nyabuga 2011, 159). Related to promoting EAC regional integration agenda, the writer recommended that media organizations in EAC Partner States should put in place explicit editorial policies favorable to the EAC integration process as part of their social responsibility function (Nyabuga 2011, 160). In the proceeding analysis, we highlight the citizens’ knowledge of EAC integration process in Rwanda, the state of media and the communication, citizens’ sovereignty, media, and citizen-centered regional integration. More specifcally, we highlight whether or not the current news media in Rwanda enable citizens make informed choices and decisions about EAC integration under the rubric of citizen-centered regional integration agenda.

Copyright © 2020. Lexington Books. All rights reserved.

CITIZEN KNOWLEDGE OF INTEGRATION PROCESS IN RWANDA Earlier, we noted that citizen awareness of EAC is a foundational step rather than a determining factor for the survival, success, and sustainability of a people-centered EAC regional integration agenda. The success and sustainability of EAC regional integration is dependent on an elaborate and a proactive citizen-centered communication approach (see also chapter 14). This section presents the level of citizen awareness of EAC process in Rwanda. The Report: Assessing Rwandan Awareness of East African Common Market (2014) stressed that Rwanda sees regional economic integration as one of the most important factors to drive the country’s economic transformation and growth. Regional integration features prominently in Rwanda’s key policy blueprints. In fact, regional integration is the sixth pillar of the Rwanda’s Vision 2020. The principal policy document read: “Rwanda considers regional economic integration as one of the crucial elements of achieving Vision 2020” (Vision 2020, 25). Referring to Rwanda’s overall development policy Government of Rwanda (Vision 2020), the Report: Assessing Rwandan Awareness of East African Common Market (2014) stated that “the policy was designed to also facilitate the mainstreaming of regional integration into national planning and priority setting in order to fully reap the benefts of regional integration in the years ahead” (2014, 15). However, the crafters of the Assessing Rwandan

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

282

Willy Mugenzi

Awareness of East African Common Market Report (2014) were guided by the assumption that “the limited awareness on available opportunities, procedures and requirements” in EAC region constitute an important challenge for the Rwandan community to fully beneft from the EAC-CMP provisions, (2014, 21). Considering that Rwanda has one national language—Kinyarwanda—used by all Rwandans and the geographical size of the Rwanda—the smallest country in East Africa—the foregoing assumption fails to attract credence especially in view of other available platforms, tools and policy frameworks favorable to the citizen-centered communication in Rwanda. Besides using one language (Kinyarwanda) as a critical enabler of exchanges and faster fow of information about EAC integration between policy-makers, implementers, and ultimate end-users—citizens. Rwanda Media Barometer (2016) revealed that since a couple of decades, Rwandans households have increasingly embraced the practice of listening to radio programs. In fact, the culture of listening to radio is not a recent practice amongst Rwandans. Describing the infamous role of Radio-Télévision des Milles Collines (RTLM) in 1994 genocide against Tutsi, General Roméo Dallaire, the former Commander of the United Nations Assistance Mission for Rwanda (UNAMIR) was dismayed by Rwandan’s fondness to listening to radio programmes and directives from coordinators of genocide. In retrospective, Rwanda is “a radio country,” General Roméo Dallaire in (Thompson 2007, 16). This revelation should inform formulation of the citizen-centered regional integration communication strategy and translation of the strategy into concrete actions in Rwanda. Communicating EAC regional integration issues fnds another enabling factor—receptive citizenry united by one local language—Kinyarwanda— spoken and understood by all Rwandans. However, much of the foregoing acts as a national advantage in far as communication is concerned, Local Digital Content Promotion Strategy and Implementation Plan (2018–2022) of Rwanda’s Ministry of Information Technology stressed that getting local content (information) is still a constraining challenge. This contributes to the digital and knowledge divide between urban and rural citizens in Rwanda. As the strategy (2018–2022) revealed that “Rwandans in rural areas will embrace more ICTs when the content they consume is relevant because it is created by themselves, is addressing their pressing needs, is in Kinyarwanda, a language they understand and is presented using culturally sensitive metaphors” (Government of Rwanda 2018a, 9). Reviewed literature revealed a general scantiness of information about EAC integration process in Rwanda. “More than fve years after it came into force, the EAC-Common Market Protocol is still not known to some Rwandans, constituting therefore, an important challenge for them to beneft from

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

283

Copyright © 2020. Lexington Books. All rights reserved.

Rwanda Citizens’ Sovereignty and the EAC Nexus

available regional opportunities,” The Report: Assessing Rwandan Awareness of East African Common Market Report (2014, 26). These revelations can be perplexing in consideration of the following facts: Rwandans can access information through community sensitization meetings (94%), radio stations (86%), and TV (34.3%), (Rwanda Media Barometer 2018). At least 80.2 percent of Rwandan households own a functional radio set, 80 percent own a functional cellphone, and 75.2 percent own a functional cell phone with incorporated radio (Rwanda Media Barometer 2016). The rate of Internet penetration in Rwanda increased from 7 percent (2011) to 39.76 percent (2017), while mobile cellular subscription increased from 639,673 (2010) to 9.7 million (2017), according to the Ministry of Information Technology and Communication Strategic Plan—2018–2024 (Government of Rwanda 2018, 9). The revelations in Assessing Rwandan Awareness of East African Common Market Report (2014, 26) point to failing attempts to actualize the people-centered principle as espoused in Article 7(a) of the EAC Treaty (2007), a people-centered legislature, the Vision of East African Legislative Assembly, (EALA Strategic Plan 2013–2018) and the objectives of the Common Market Protocol. The report further pointed out that lack of information on EAC Common Market Protocol as one major challenge Rwandans face. “This lack of awareness constitute a major challenge for informed decision making” (Report 2014, 36). Other challenges the report cited included skills gaps, language barrier and cultural differences, lack of exposure, and entrepreneurial spirit. Referring to their earlier cited platforms and tools, there is unutilized opportunity to leverage the cited platforms and tools to exchange EAC-related information between citizens and policymakers. Table 15.1 presents level of awareness of EAC Common Market Protocol elements by Rwanda. Findings from Awareness of EAC CMP Report indicate that “19.3 percent and 30 percent of Rwandans have heard about EAC–Common Market Protocol but had no details (could not remember) about what the EAC–CMP entails,” (2014, 26). Only 23.8 percent of respondents (Rwandans) were found to have relatively clear understanding of EAC Common Market Table 15.1  Level of Awareness of Common Market Protocol Awareness parameters

Percentage (%)

Rwandans who have heard about EAC-Common Market Protocol Public and private workers unware of requirements of seeking jobs in EAC Partner States Unemployed graduates who believe there are challenges that could stop them from seeking from jobs in other EAC Partner States Rwandans with relatively clear understanding of EAC-CMP Source: Adapted from the Assessing Rwandan Awareness of EAC-CMP Report (2014).

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

19.3 70 30 23.8

Copyright © 2020. Lexington Books. All rights reserved.

284

Willy Mugenzi

Protocol, according to fndings from the above Report (2014). In view of above, the linkage between [limited] citizen awareness, ineffective citizen participation and the level of EAC regional integration is evident. Majority of the respondents, 75.2 percent who claimed to have detailed information about Free Movement of Labor (FML)—a key component of Common Market Protocol, “had partial and sometimes wrong information about what it meant for—some respondents for instance argued that FML is about tax reduction, use of single visa in all EAC Partner States” (EAC CMP Report 2014, 29). The report adds, “Only about 25 percent of them have detailed and correct information about FML” (2014, 30). Overall, the report: Assessing Rwandan Awareness of East African Common Market established, “the Rwandan community in general has access to very general and superfcial information on EAC-CMP. Only a limited number of people access detailed information” (2014, 37). This, according to the report, is a major barrier preventing Rwandans from [fully] benefting from the EAC Labor Market, among other barriers. Needless to stress the role of information in enabling Rwandans access opportunities and benefts of EAC regional integration process. The report recommended: “Putting in place a gradual sensitization strategy with the aim to raise awareness for different categories of Rwandans” (2014, 48). The Sensitization Report of East African Legislative Assembly (EALA) themed: EAC Integration Agenda: Accessing the Gains (2016) also established unsettling fndings about the level of regional integration in Rwanda. This report confrmed serious “awareness gap . . . .knowledge gap regarding regional integration,” in Rwanda (Sensitization Report 2016, 21). This knowledge gap, according to EALA was common among the border communities because these were specifc areas the EALA Members visited during their sensitization of October 27 up to November 7, 2016. Appalled by the level of unawareness of EAC Integration by Rwandan citizens, the EALA Members recommended: “A lot of awareness needs to be undertaken for border communities to change their mindsets and attitudes” (Sensitization Report 2016, 20). The Behavior Change Communication is one the most effective approaches for realizing attitudinal and behavioral changes. “Adequate awareness should be provided to people about the importance of owning yellow fever cards as a requirement to cross borders and Ministry of Local Government to communicate travel requirement to the people [Rwandan] as much as possible” (Sensitization Report 2016, 21) stressed further. The fndings of the two reports: Assessing Rwandan Awareness of East African Common Market (2014) and the East African Legislative Assembly Sensitization Report (2016) are indicative of the low level of awareness of EAC integration processes in Rwanda. Though the chapter specifcally focused on Rwanda, reports paint the same ugly picture onto other EAC

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Rwanda Citizens’ Sovereignty and the EAC Nexus

285

Partner States. A study on the Role of the Print Media in Regional Integration: The case of the EAC, established that “EAC issues hardly made the front or prime pages of the newspapers. More often than not, they focused their EAC reporting on events presided over by heads of state” (Odhiambo 2014, IV). The established level of citizen unawareness raises pertinent issues considering fears, concerns, and expectations of citizens as expressed and captured during the Consultative Process on Fast Tracking the East African [Political] Federation in EAC Partner States. One principal case of ordinary citizens’ fear is highlighted below: The fear of many was not that there will be a loss of some sovereignty. Their fear is that as a Federation, the nation-states would cease to have any meaningful powers and would be relegated to mere provinces within the Federation (the Report of the Committee to Fast Track the EAC Federation 2004, 12). Similarly, as regional integration was gaining momentum, EAC citizens communicated their expectations from such processes, specifcally on Political Federation: “the ordinary people of East Africa look forward to a situation in which these countries will never go separate ways again” (the Report of the Committee to Fast Track the EAC Federation (2004, 14). Fears of Rwandans were as follows: loss of sovereignty (43%), loss of jobs because of labor market competition (47%) and loss of Rwandan cultural values (58%), MINEAC Communication Strategy (2011).

Copyright © 2020. Lexington Books. All rights reserved.

THE NEWS MEDIA AND CITIZENCENTEREDNESS IN RWANDA There is a causal relationship between citizen-centered EAC regional integration and citizen trust in the news media. Noteworthy, public trust in news media signifcantly declined after 1994 genocide against Tutsi in Rwanda because of its sinister role in the genocide. The fndings in 2018 Rwanda Media Barometer are encouraging with “the overall performance of public trust in the media standing at 75.3 percent” (Rwanda Media Barometer 2018, 41). The proceeding analysis is based on the premise that citizen-centered information sharing (communication) is anchored not only on a vibrant, free, responsible, and proftable news media, but the news media that value(s) EAC Regional integration agenda in Rwanda. The table summarizes the state of media in Rwanda in 2013, 2016, and 2018. Key parameters analyzed

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

286

Willy Mugenzi

Table 15.2  State of Media and Citizen-Centeredness in Rwanda The state of media in post genocide Rwanda

State of media in percentage (%)

Parameters

2013

2016

2018

Access to information by citizens Freedom of expression as guaranteed in law and respected in practice as viewed by journalists Journalist rating of media freedom in Rwanda Journalists’ perceptions of media’s editorial independence Journalists’ satisfaction of the measures to promote pluralist media Media reporting of regional EAC integration issues * The overall state of media development in postgenocide Rwanda

55.2 72

85.2 97.9

93.2 98.7

72 66.4

78.7 90.5

82.8 85.1

-

67.4

67

60.7

69.6

72.4

Copyright © 2020. Lexington Books. All rights reserved.

Source: Secondary date (2018). Adapted from Rwanda Media Barometers 2013, 2016 & 2018 of Rwanda Governance Board.

included access to information by citizens, freedom of expression, media freedom, the rate at which journalists rate the measures to promote pluralist media in Rwanda. Since the central feature of this chapter is regional integration, we sought to understand whether or not the already conducted Rwanda Media Barometers assessed media coverage of EAC integration issues. After all, under the social responsibility function, the media serves the needs of the society (Rwanda Media Barometer 2018). As table 15.2 indicates, Rwandan citizens rated access to information at 93.2 percent (2018) from 85.2 percent (2016), and 55.2 percent (2013). Journalists affrmed that freedom of expression is guaranteed in the law and respected in practice at 98.7 percent (2018), 97.9 percent (2016), and 72 percent (2013) (Rwanda Media Barometer 2013, 2016, 2018). Noteworthy, Rwanda Media Barometer—is “an initiative meant to regularly assess the state of media development in Rwanda—with the aim of identifying existent gaps and devise measures to address them,” Rwanda Governance Board (2016, III). In view of table 15.2, four points need to be underscored. First, the overall state of media development in postgenocide Rwanda as of 2018 stood at 72.4 percent from 69.6 percent in 2016 and 60.7 percent in 2013, according to three Rwanda Media Barometers—2013, 2016, and 2018. Second, 2013 was a decisive year as it marked the inaugural process of assessing the state of media in Rwanda by the Government of Rwanda through Rwanda Governance Board. Third, the year, 2013 is the “time when Media Sector Reforms were introduced in Rwanda” (RGB 2018, ix). The operating journalism context considers the year 2013 as the time when Rwanda Media Law was promulgated, hence, ushering in “private and community media, reforming

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Rwanda Citizens’ Sovereignty and the EAC Nexus

287

the state broadcaster into a public broadcaster with an independent board” (RGB 2018). The 2013 Media Sector Reforms led to mushrooming of websites, newspapers, radio stations, and televisions in Rwanda—some started with a discernable editorial agenda and business strategy while others came into existence expecting the Media Sector Reforms frenzy to include media grants, mediagoodies from inside and outside Rwanda. Justifed or not, these two expectations are yet to be fully met and this contributes to the reasons why private media hardly leapfrogs from mere surviving to thriving in post genocide Rwanda. A merely surviving private news media cannot sustainably infuence change in attitude, practice, and policy. Fourth, and [importantly], in 2013, that is when all persons including media actors—journalists—were guaranteed in law the right to access information held by public authorities in Rwanda. The law Nº 04/2013 of 20th/08/2013 relating to Access to Information in Rwanda did not only act as a breakthrough for news media, it tasked holders of public offces to communicate public information to the citizens through available communication channels—media being one of them. In essence, the promulgation of the law on access to information offcially initiated and nurtured the civil culture of publicizing what is public and personalizing private information by duty-bearers (public offcials). In view of the foregoing, literature revealed that “after the adoption of the Access to Information Law in 2013, Rwanda Governance Board, as well as the Media High Council, [a] self-regulatory body; the ombudsman’s offce and Association of Rwandan Journalists have been involved in sensitizing local leaders on the importance of providing information to citizens and journalists,” stated Rwanda Media Barometer (RGB 2016, 48). Journalists scholars, practitioners, and civil society minded actors cite lack of supportive legal framework for journalists to access information in Rwanda not only constrained investigative and professional journalism, it promoted self-censorship, sensationalism, one-sided/imbalanced, and unverifed reporting(rumors). Media analysts and drafters of Rwanda Media Barometers (2013, 2016, 2018) have cited 2013 Media Sector Reforms justifcations for positive scorings/ratings in most of the indicators. While access to information law enables media in and outside Rwanda to access public information relating to EAC integration in Rwanda, evidence-based information about media coverage and citizen awareness of EAC regional integration in Rwanda is yet to be established. Arguably, the positive outlook of the media landscape as evidenced neither by selected parameters in the table (2) above neither catalyzed nor promoted the media coverage of EAC regional integration issues in Rwanda. Yet, regional integration is the sixth pillar of Vision 2020. The three instruments—Rwanda

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

288

Willy Mugenzi

Media Barometers—2013, 2016, and 2018 did not include any parameter on regional integration as an indication of signifcance in Rwanda’s media development processes. The Rwanda Media Barometer acknowledged, “there is full potential for the media to play its role in engaging more actively with citizens to increase public awareness, promote good governance and proving platforms for citizens’ demand for quality services and accountability” (RGB 2018, 43). Similarly, in the year 2016, Rwanda Utilities Regulatory Authority (RURA) Report: Statistics and Tariff Information in Telecom Sector (2016) revealed that mobile telephone penetration rate in Rwanda was 70.8 percent. The telecom sector, alone generated a total investment of 590.4 Billion Rwf over the period 2001–2015, ICT Sector Strategic Plan—2018–2024 (Government of Rwanda 2018, 7). As of 2017, there were 69 e-government portals meant to provide citizens with better services and government-related information, ICT Sector Strategic Plan-2018-2024 (Government of Rwanda 2018a, 10).

Copyright © 2020. Lexington Books. All rights reserved.

THEORETICAL PERSPECTIVES Behavior change communication guided the discussions and analysis for this chapter. Behavior change communications is an offspring of behavior change theory (Corcoran 2011). The choice of behavior change communication in this chapter is articulated in the following: “The starting point for effective communications should be a deep understanding of human behavior and how to change it” (Crown 2009, 59). Citizen-centered communications is one of the approaches for ensuring Rwandan citizens can willfully stake their sovereignty for EAC integration. Such endeavor can be explained better by behavior change communication. Worthy of note, understanding and mastery of human behavior is an uphill task, because human behavior is complex and it is an intersection of social psychology, economics, and behavioral economics (Crown 2009). A fgure illustrative of BCC specifcally, it relates to EAC integration is provided. BEHAVIOR CHANGE THEORY AND COMMUNICATION While behavior change theory has been presented as an independent theory, some scholars consider the theory of Reasoned Action and the Theory of Planned Behavior as two cousin theories born from the same mother, that is, behavior change theory. In fact, the Theory of Planned Behavior evolved

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Rwanda Citizens’ Sovereignty and the EAC Nexus

289

from the Theory of Reasoned Action (Morris et al. 2012, 5). Central features in these theories include attitudes, beliefs, and people’s social norms as predictors of behaviors (Morris et al. 2012). These factors—attitudes, beliefs, and social norms—formed over a long period shape citizens’ worldview and opinions about development interventions, regional integration inclusive. Mark Lund the Chief Executive of COI remarked that “the success of many government policies and priorities depends on our achieving behavior change with the greatest effectiveness and effciency” (Crowd 2009, 5). Mark Lund acknowledged: “Behavior change is a complex area. If we are to succeed, we need to understand the theories underpinning behavior change and how communication can aid policy formulation and ensure effective delivery” (Crowd 2009, 5). In line with the foregoing, effective communication can signifcantly contribute in changing citizen behaviors—behavior change communications and register positive support of “government legislation, regulation, taxation” (Crowd 2009, 5). Evidence suggests that the Theory of Planned Behavior can predict 20–30 percent of the variance in behavior brought about via intervention and a greater proportion of intention (Morris et al. 2012, 5). While the role of behavior change communication is scholarly acknowledged, what is behavior? Literature suggested there are multiple defnitions and each scholar struggles with existing defnitional complexities. This chapter will therefore claim no defnitive solution to such complexities. Worthy of retention, however, readers can consider behavior as “an outcome of complex inter-relationships and shared social practice” (Morris et al. 2012, 4). The authors further noted, “individuals perform or reproduce behaviors that are themselves a product of relationships between people, their environment and technology that surrounds them” (Morris et al. 2012, 4). A robust communication strategy entails multiple tools and channels integrative of sociological, environmental, and technological factors (Crowd 2009). An effective communication approach guarantees change of deepseated sociocultural norms, beliefs, attitudes, and behaviors potentially acting as barriers and threats to regional integration processes. Limited awareness/ knowledge of the EAC integration can constrain the effective actualization of a citizen-centered EAC regional integration agenda in Rwanda and beyond. While behavior change communication theory has been widely used in Public Health campaigns, it has gained scholarly recognition and attention because of its capacity to mobilize citizens to get information and knowledge and make informed decisions/actions in support of government interventions—programs, policies, and legislations, among others. It is on this basis that the theory fts discourse on EAC regional integration. The fgure below was adapted from behavior change model and it is contextualized to EAC regional integration process. Whereas the colors of the steps were graphically informed by EAC fag colors, in the forthcoming fgure, they do

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

290

Willy Mugenzi

not represent anything and they should not guide any interpretation rather than ecstatic (graphical) value. Figure 15.1 shows logically connected steps from unawareness, awareness through ownership and sustainability of EAC regional agenda. The behavior change communication theory can explain citizen’s deliberate choice of surrendering national sovereignty as a willful expression of ownership of EAC regional integration agenda. Adapted from Behavior Change model, fgure 15.1 was purposely contextualized to EAC regional integration to illustrate the nexus between citizens’ surrender of sovereignty and citizen-centered communications realizable through behavior change communication. As shall be argued ahead, regional integration in this particular case means citizens’ willful staking or surrender of their sovereignty for opportunities and benefts envisaged in Rwanda’s joining of EAC in 2009. This process was preceded by concerted citizen-centered communications (consultations, sensitizations, and extensive use of mass media). Importantly, reviewed literature revealed limited awareness of EAC regional integration processes, for instance, Common Market Protocol in Rwanda. This relates to the frst step of the fgure above. This limited knowledge of EAC affairs is occasioned by among others factors, media’s prioritization of national stories (news) over EAC regional integration news. Whereas EAC regional integration agenda seeks to be citizen-centered, so far, it is largely elitist-driven as attested by the nature of EAC meetings and communication approach used—top-down. However, literature established some good communication practices such as citizen sensitizations and occasional media involvement (media awards). News media possesses powers to mobilize citizens toward regional integration through citizen-centered programs and talk-shows (call-ins, twitting into ongoing news, talkshows, Vox Pop, media surveys, among others). Communication of EAC regional integration should be processual rather than occasional (event-based) to ensure citizens are fully aware of, approve, support and own the process of the EAC regional integration and its desired destiny. In this analysis, we argue, citizens need to drive regional integration as partners rather than benefciaries. As a matter of necessity, reconsidering citizens as partners or active actors in EAC regional integration underscores ownership of EAC regional integration process as aptly illustrated by fgure 15.1 behavior change communication. Putting EAC citizens at the center of regional integration guarantees returns on staked (surrendered) sovereignty. In this chapter, we redefned regional integration as a process of citizens staking state sovereignty for bigger and longer-term benefts and opportunities from EAC integration. Redefned as such, citizens therefore deserve the rights of approving, supporting and owning the regional integration processes

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Rwanda Citizens’ Sovereignty and the EAC Nexus

291

through citizen-centered communication strategies. As earlier emphasized, citizen awareness and ownership of EAC regional integration stages and process is foundational to its success and sustainability.

Copyright © 2020. Lexington Books. All rights reserved.

CONCLUSION The chapter’s major focused was on Rwandan citizens’ Sovereignty and EAC Nexus: The Role of Communication. Given the value citizens attach on their sovereignty, in Rwanda as was the case in other EAC Partner States, decision-makers, and bureaucratic technocrats stepped out of their comfort zones and engaged citizens in consultative processes relating to Rwanda’s readiness to join the Uganda, United Republic of Tanzania, and Kenya in the EAC in 2009. The consultative process involved concerted citizen-centered communications approaches such as interactive sessions (sensitizations) and use of mass media to mobilize citizen support and approval of Rwanda’s joining of EAC. However, loss of sovereignty emerged strongly as one of the major fears of citizens in such consultative forums. As reviewed literature revealed, the fear of losing sovereignty by Rwandan citizens stood at 43 percent, (MINEAC Communication Strategy 2011). These fears were erased through citizen-centered communication processes. EAC Regional Integration is about to celebrate twenty years anniversary since its revival. Revelations relating to Rwandan citizens’ knowledge of EAC regional integration agenda are staggeringly high. For instance, the reviewed literature revealed that 70 percent of Rwandan workers—from public and private sector were unaware of requirements of seeking jobs in EAC Partner States (EAC Common Market Protocol Report 2014). While this relates more to Rwanda, this fact can be generalized in many other EAC Partner States. In an interview with Daily Monitor, the Chairperson of EAC Summit (in the year 2019) and Rwanda’s President, Paul Kagame confrmed the foregoing, noting that “East Africans don’t understand some things we talk about because they don’t experience it. It can’t just be on paper” (Daily Monitor, February, 18, 2019. Citizen awareness of EAC processes is generally low in all EAC Partner States. Media which should act as a bridge between regional integration decision-makers and citizens mainly focuses on national stories over EAC regional stories. EAC organs and institutions involve news media in EAC regional integration affairs rather occasionally than consistently and proactivity. There is a proximate nexus between citizen-centered communications, surrendering of sovereignty and sustainability of EAC regional integration agenda. In view of the foregoing, the only worthy conclusion one can make

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

292

Willy Mugenzi

is—the actualization of citizen-centered regional integration is dependent on ownership of EAC regional integration processes by Rwandans and EAC citizens in general.

Copyright © 2020. Lexington Books. All rights reserved.

REFERENCES Adar, Korwa G. 2018. “Sovereignty of East Africans in the Balance: The Role of East African Legislative Assembly and the Integration Process of the EAC.” In Building Regionalism from Below: The Role of Parliaments and Civil Society in Regional Integration in Africa, edited by Korwa G. Adar, Finizio Giovanni, and Meyer Angela, 65–89. Brussels: P.I.E. Peter Lang S.A. Adar, Korwa G. 2014. “East African Community.” In The Democratization of International Institutions: First International Democracy Report, edited by Levi Lucio, Finizio Giovanni, and Vallinoto Nicola, 230–241. London: Routledge. Adar, Korwa G. 2010. “Fast Tracking Federation: A Problematic Dynamic?” In A Region in Transition: Towards A New Integration Agenda in East Africa, edited by Rok Ajulu, 64–98. Midrand, South Africa: Institute for Global Dialogue. Adar, Korwa G. 2008. “Fast Tracking East African Political Federation: The Role and Limitations of the East African Legislative Assembly.” Africa Insight, vol. 37, no. 4: 76–97. Corcoran, Nova. 2011. Working on Health Communication. London: SAGE Publication. Crown. 2009. Communication and Behavior Change. London: COI Publications. Dallaire, Romeo. 2007. “The Media Dichotomy in Allan Thompson.” In Media and Genocide, edited by Allan Thompson, 2–19. Kampala: Fountain Publishers. East African Community. 2016. Report of EALA Sensitization Activities in EAC Partner States October 27th to 7th November 2016. Arusha: EALA. East African Community. 2011. The East African Community Communication Policy and Strategy (2016–2018). Arusha: EAC Secretariat. East African Community. 2007. Treaty for the Establishment of the East African Community as amended on 14th December 2006 and 20th August 2007. Arusha: The EAC Secretariat. East African Community. 2004. The Report of the Committee to Fast Track the EAC Federation. Arusha: EAC Secretariat. Galtung, J. and Ruge, M. 1965. “The Structure of Foreign News: The Presentation of Congo, Cuba and Cyprus Crises in Four Norwegian Newspapers.” Journal of International Peace Research, vol. 1: 64–90. Lwaitama, Azaveli Feza. 2013. A Synthesis Research Report on the Participation of Citizens in the East African Community Integration Process. Dar Es Salaam: Friedrich Ebert Stiftung. Meyer, P. 1973. Precision Journalism, Bloomington. Indiana: Indiana University Press. Ministry of East African Community. 2011. Communication Strategy and Implementation Plan 2011–2015. Kigali: MINEAC.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Rwanda Citizens’ Sovereignty and the EAC Nexus

293

Copyright © 2020. Lexington Books. All rights reserved.

Ministry of Information Technology and Communication. 2018. Local Digital Content Promotion Strategy & Implementation Plan (2018–2022). Kigali: Government of Rwanda. Ministry of Information Technology and Communication. 2018a. ICT Sector Strategic Plan-2018-2024. Kigali: Government of Rwanda. Morris, Jake et al. 2012. Forestry, Sustainable Behaviors and Behavior Change: Theories. Online resource, http:​//www​.dl.i​cdst.​org/p​dfs/f​i les/​4736c​62232​41102​ b1871​376e8​090c6​1d.pd​f, accessed on 11th February 2019. Mugenzi, Willy. 2009. Government, Institutional Communication, Legal Framework and Training Institutions: Strengths, Weaknesses and Opportunities. Kigali: Government of Rwanda. Nyabuga, George. 2011. “Enhancing Equity in the East African Regional Integration Process: Role of the Media.” In The East African Integration: Dynamics of Equity in Trade, Education, Media and Labour: Society for International Development, edited by Duncan Okello, 130–157. Nairobi: Society for International Development. Rwanda Governance Board. 2016. Rwanda Media Barometer. Kigali: Government of Rwanda. Rwanda Governance Board. 2018. Rwanda Media Barometer-The State of Media Development in Rwanda. Kigali: Government of Rwanda. Rwanda Utilities Regulatory Authority. 2016. Statistics and Tariff Information in Telecom Sector. Kigali: Government of Rwanda. Schaap, Wauter and van Steenbergen, Fran. 2002. Ideas for Water Awareness Campaigns. Stockholm: Global Water Partnership. Sitton, Pamella. 2019. “Kagame Breaks Silence on Tension with Uganda.” Daily Nation [online] Monday, 18th February 2019, https​://ww​w.mon​itor.​co.ug​/News​/ Nati​onal/​Kagam​e-bre​aks-s​ilenc​e-ten​sion-​Ugand​a/688​334-4​98672​4-224​ftoz/​index​ .html​, 9th March 2019. Wafula, C. Wayeta. 2013. Journalists as New Actors in Confict Situations in East Africa. Nairobi: University of Nairobi.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 16

Communication and Awareness Dimensions South Sudan and the EAC in Perspectives Martin Logo Gogonya

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION Traditionally, the European Union was Africa’s most important trade, investment, and development partner. Trade with the European Union was governed by a series of Lomé Conventions, which granted African countries (excluding South Africa) unilateral preferential access to EU markets. The European Union and African countries concluded the Cotonou Agreement which paved the way for the negotiation of World Trade Organization (WTO) Economic Partnership Agreements, in 2000. Various confgurations of African countries have constituted negotiating groups; many of which however cut across existing neighborhood regional integration arrangements, adding an additional layer of complexity to the regional integration process in Africa. The protracted and diffcult Economic Partnership Agreement negotiations refect to some extent the difference between the African paradigm of regional integration and the European Union’s model of regional trade agreements but also the challenges of African regional integration (Hartzenberg 2011, 1). There is much support from African governments for regional integration. Indeed, since independence they have embraced regional integration as an important component of their development strategies and concluded a very large number of regional integration arrangements (RIAs), several of which have signifcant membership overlap. There are however few success stories. African Regional Integration Agreements are generally ambitious schemes with unrealistic time frames toward deeper integration and in some cases even political union. African Regional Integration Arrangements are usually neighborhood arrangements. 295

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

296

Martin Logo Gogonya

The success of some regional integration projects on the African continent like the Economic Community of West African States (ECOWAS), Southern African Development Cooperation (SADC) necessitated that the East African Community (EAC) is revived. Kenya, Tanzania and Uganda are together known as East Africa. They have been cooperating for many years on account of the following reasons: (a) The three countries are neighbors; (b) They trade together with people moving across the three countries; and (c) They were all administered by the British during the colonial period. Because of the benefts accruing to this integration, Burundi and Rwanda acceded to the EAC Treaty in 2007, with South Sudan signing the Treaty of accession in 2016. The broad goal of the EAC is to widen and deepen co-operation among Partner States in political, economic, social, and cultural felds, research and technology, defense, security and legal and judicial affairs for their mutual beneft. Basing on Article 3 of the Simplifed Treaty for the Establishment of the EAC, Membership of the Community, the original members of the Community are Kenya, Tanzania and Uganda. Any other country may apply to become a member, under the following conditions: (i) being geographically near and economically linked to East Africa; (ii) acceptance of the principles (rules) and objectives (aims) of the Community; (iii) observance of good governance, democracy, rule of law, respect of human rights, and social justice; (iv) capability of contributing toward the strengthening of regional cooperation and integration in East Africa. South Sudan’s application for membership of the EAC was feasible given the fact that it borders Uganda and Kenya and furthermore during the long civil war, many South Sudanese had sought refuge across East Africa thereby making them familiar with East African people.

Copyright © 2020. Lexington Books. All rights reserved.

COMMUNICATION DIMENSION Communication refers to the exchange of thoughts, messages, or information (American Heritage College Dictionary 2004, 290). It is the duty of the government of each member state to communicate to the citizens what the EAC is and what they as citizens stand to gain once the country fnally joins the community. Important to note is the fact that communication greatly hinges on transport within South Sudan and transport between South Sudan and the other member states. The communication aspect is twofold: the frst being communication between the government of South Sudan and the citizens and the second being communication between the government of South Sudan with the other Partner States through the secretary general of the EAC. As regards communication between the government of South Sudan and its citizens, this

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Communication and Awareness Dimensions

297

has taken the back seat since the outbreak of the civil war in 2013. In fact the government of South Sudan does not seem to understand that membership to the EAC is more about the citizens of South Sudan than the leadership. The government has prioritized strengthening of the army since the outbreak of the civil war and as such, most of the resources have been channeled toward the military leaving almost none to cater for matters regarding sensitization of the citizens about the EAC. The state in South Sudan is weak and underdeveloped to the extent that it cannot undertake its Westphalia functions and roles. In 2011, the state inherited lack of governance structures and institutions together with political and social glue that could hold the country together. The legacy of the war and ethnic manipulation by the political elites saw inter communal conficts across the country. Sudan (Khartoum) regime used divide and rule tactics, setting one ethnic group against the other or pastoral communities against others with the result that communities were polarized and politically marginalized especially those who did not support the armed liberation struggle by the Sudan People’s Liberation Movement (SPLM). Put differently, the task of state and nation building was to start from scratch without any corresponding structures and initiatives. From history therefore, the most serious security threats are internal driven by weak or failed state’s inability to ensure security to all the citizens and their properties (Magnus 2017). Due to the nature and history of South Sudan, there have been so many militias operating independently of the state and occasionally challenging and contesting state power through the disgruntled politicians and former generals in the military. South Sudan government has so many ungoverned spaces and militias to the extent that the government has no legitimate security agencies that guarantee security hence proliferation of small and light weapons together with ungoverned spaces within. Within the SPLM, power struggle and failure to meet people’s expectations has caused elite rifts that have led to civil wars such as the sustained wars that started in December 2013. The power struggle that have assumed ethnic dimensions and caused serious insecurity within have securitized other sectors such as natural resources, environment, energy, and transnational crime as criminal organized gangs engage in trade across the national borders with established groups with political motivations over war economy (Magnus 2017; Muriithi 2014, 32–40; Obala 2012, 11–15). Ungoverned spaces between South Sudan and its neighbors especially the border regions along Democratic Republic of Congo, Central African Republic, Sudan, Ethiopia and Uganda, have internationalized the confict and instability as a result of resource-based pull factors. The war economy associated with poaching of animals such as elephants, tiang, giraffe, chimpanzee, and antelopes have attracted poaching and

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

298

Martin Logo Gogonya

commercial traffcking of wildlife by the military, other armed groups and civilians as well. Wildlife and natural resources have fuelled corruption and armed conficts across South Sudan (Theisen et al. 2017). Other illegal activities that pause insecurity in South Sudan are gold mining, illegal logging, and charcoal production. International individuals in collaboration carry out these activities with locals, including members of security organs and other armed groups operating without South Sudan. In the evening of December 15, 2013, South Sudan’s outlook for the future changed dramatically within a few hours. Members of the presidential Tiger Battalion fought for reasons that are yet to be fully disclosed, sparking off shooting and violence in various residential neighborhoods in Juba. During the frst night, many people were killed while many others both mainly from Nuer ethnic group fed to the compound of the UN Mission in South Sudan (UNMIS) near the airport in Juba. The following morning, the South Sudanese President Salva Kiir appeared on national television in full military uniform, something he had not won since the end of the war, and accused his former deputy Riek Machar and several others of plotting a military coup. In the week that followed, an estimated thousand people were killed. Eleven members of the SPLM/A elite including its Secretary General Pagan Amum, former Ministers and the former SPLA chief of staff were detained under charges of the attempted coup. Several SPLA commanders defected from the army to join a rebellion that had just been born. Riek Machar, the former vice president, fed Juba during the night of the 15th. He strongly denied the charges of the coup but declared himself the leader of what quickly had become an armed rebellion against the government in Juba. To many of South Sudan’s bi-and multi-lateral partners in development cooperation the political and humanitarian, the crisis came by surprise: in the words of the UN Special Representative of the Secretary General to South Sudan Hilde Johnson: “No, we did not see this coming.” Since the crisis started in December 2013, the international focus has been on the two warring protagonists, the ethnic dimension to the violence, and the humanitarian consequences. Fighting mainly has concentrated in the greater Upper Nile region (Jonglei, Upper Nile, and Unity States) and peace efforts has taken shape in a pattern reminiscent of the talks between the former warring parties Sudan and South Sudan. Since much of what is happening today has reminded us of the past, we may wonder what it is that we witness today and whether there are any satisfactory explanations that may point us in the right direction for solutions. The political rift between the South Sudan president and the former vice president also offers little in terms of a satisfactory explanation for the extreme violence we have been witnessing, but framing the confict along ethnic lines is also widely seen as all too easy. Many political analysts, scholars and others have made attempts

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Communication and Awareness Dimensions

299

to explain the root causes of the current confict. Article 8 (vi) of the simplifed version of the Treaty for the establishment of the EAC states that each Partner State shall appoint a Ministry with which the Secretary General shall communicate on Community matters. Accordingly, the government of South Sudan appointed the Ministry of Trade, Commerce, and EAC Affairs to ensure smooth communication between the government of South Sudan and the Secretary General of the EAC. On the face of it, it looks a positive move though in reality the government of South Sudan acted swiftly because this serves in line with the politics of accommodation which seems to be the preferred way of doing things. Whether those assigned to handle issues in the Directorate of East African Affairs at the Ministry are qualifed to do a good job is a different matter. The EAC right from the time of its inception has fronted Kiswahili as the offcial language across the original three (3) member states, which are Uganda, Kenya, and Tanzania. As such, Kiswahili is spoken across these three countries. It is therefore natural that all countries joining the community must consider adopting Kiswahili as one of its offcial languages. South Sudan must, therefore, make efforts toward introducing Kiswahili as one of the offcial languages. This will also involve including it in the syllabus for students in all institutions of learning. Sadly, Arabic still seems to be the preferred language of communication allover South Sudan including among the government offcials. After the outbreak of the civil war, there has been increased censorship of the press by government security agents. As such, a number of media outlets have been shut down with accusations that they are working with the insurgents. This has been a major hindrance to spreading the message about the EAC to the people in the states. The censorship of the media may also do more harm than good as one of the founding principles of the EAC is freedom of the media and respect of human rights of the citizens of member states. The citizens of South Sudan have a right to enjoy the freedom of the press. The most unfortunate thing is that the other members of the EAC have never condemned the censorship of the press that is being carried out by the South Sudanese government. According to Amnesty International, South Sudan is one of the worst places to be a journalist in the world. In instances, where the government security agencies are infringing on the rights of citizens, the EAC should have condemned the government of South Sudan, sadly their silence seems to be a seal of approval for the continued violation of such rights. If the EAC heads of state had only picked a leaf from the Economic Community of West African States (ECOWAS), this blatant abuse of the rights of the citizens of South Sudan would have been condemned and the government of South Sudan threatened with punitive measures if they continued

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

300

Martin Logo Gogonya

to disregard the plight of their citizens. On the contrary, the leaders of the greater EAC simply turned their backs and pretended that nothing was happening while the regime butchered its own people. When the then President of Gambia, Yahya Jammeh, refused to step down after losing a presidential election, the leaders of the ECOWAS countries, ordered him to respect the verdict of the Gambian people and leave power. When he was adamant, they even reached the extent of threatening to use force to get him out of power. That is when he fnally agreed to step aside and let the will of the people prevail. If only the leaders of the EAC could be as frm as those of the Economic Community of West African states regarding matters of good governance and respect for human rights, there would be progress in the region. As a result of the civil war, South Sudan has become a burden to the other member states of the EAC as the infux of refugees feeing to the neighboring countries, most especially Uganda and Kenya has increased by the day. The host governments to these refugees are therefore being stretched fnancially as the costs for catering for the refugees must be curved out of the already scarce resources. The East African Countries, mainly Uganda and Kenya opened their doors to South Sudanese during the liberation struggle because the reasons for going to war were justifed. However, the current civil war mainly for power among the top leadership of the Sudan People’s Liberation Movement (SPLM) is totally senseless. As such the governments of Uganda, Kenya, and Tanzania and beginning to lose patience with the leaders of South Sudan. The burden of hosting refugees is becoming unbearable for them. Article 89 of the simplifed Version of the Treaty for the Establishment of the EAC states that transport and communications policies. To ensure an effcient transport and communication system in the Community, the Partner States shall (i) coordinate their policies on transport and communications including the signing and implementation at the Community and international level; (ii) improve and expand and integrate the existing transport and communication links in the Community especially with regard to roads, railways, airports, pipelines, harbors, telephones, and postal services; (iii) grant special treatment to landlocked Partner States. (iv) ensure joint use of national facilities in training personnel in the feld of transport and communications; and (v) exchange information on scientifc know-how in transport and communications. Here, the government of South Sudan is seriously lagging behind as the road infrastructure within the country is still in a very deplorable state. In fact, there are parts of the country that become inaccessible by road during the rainy season. To make matters worse, the insecurity currently engulfing the country has made some of the roads impassable as there are armed groups operating along the main roads. A case in point is the road from Juba to the border town of Nimule which can only be accessed by use of a military

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Communication and Awareness Dimensions

301

escort. This has hindered the movement of people; goods are services both within South Sudan and between South Sudan and Uganda. Once the movement of goods and services is hindered, it means that the volume of trade between South Sudan and the other countries of the community will automatically reduce. Article 90: Roads and Road Transport on road transport the Partner States shall (i) sign and implement all relevant regional and international agreements on road transport; (ii) harmonize their traffc laws, regulations, and highway codes so that the roads are used with the same standards of driver training, licensing, vehicle registration and inspection, vehicle insurance, speed and load limits, road safety regulations, etc.; (iii) adopt common road design and construction standards as well as promote the use of local materials as much as possible; (iv) adopt common and simplifed documents for road transportation. Since it is cessation from Sudan in 2011, South Sudan has maintained most laws regarding the use of roads and road transport hitherto used in the Republic of Sudan. Even most of the traffc police personnel currently working in South Sudan were trained and served as traffc offcers in the Republic of Sudan. Licensing, vehicle registration, load limits, road design, and construction have remained different from the ones used in the greater East Africa. This has made things diffcult for road users from other East African countries coming to South Sudan. In fact, most of the traffc offcers target vehicles coming from the other East African countries for fnes and extortion. This in one way or another serves to discouraged movement of goods and services from the other East African countries to South Sudan and from South Sudan to the other East African countries. A common registration for all vehicles in the region would put an end to this unfortunate situation. Article 91: Railways Transport; the Partner States shall ensure that there is a good railway system that links them together. Accordingly the Partner States shall (i) have common policies for the maintenance and development of their railway systems; (ii) make their railways more effcient and competitive by ensuring good management and improved facilities; (iii) adopt common rules and regulations with regard to the operation of railway transport; (iv) charge each other similar taxes in respect of goods transported by railway within the community; (v) coordinate the operations of their railway administrations especially the harmonization of train time tables and operation of block trains; (vi) allocate each other space for storage of goods at each other’s stores; (vii) make use of each other’s maintenance, training, and manufacturing railway facilities; and (viii) adopt common standards for the construction and maintenance of railway facilities. As far as railway transport is concerned, all South Sudan has are future plans as there is nothing on the ground. The only advantage with this is that

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

302

Martin Logo Gogonya

at the time when the construction of a railway line is eminent, then it will be constructed to suit the standards set by the other East African countries. However, with the lack of nationalistic leadership that South Sudan has shown, it might take ffty years or more for the government of South Sudan to begin planning to construct a railway line. At the moment, most of the resources are being embezzled by government offcials and stashed away in foreign bank accounts. Such embezzlement is being done with impunity as since in dependence, no single government offcial has been brought to book for corruption and embezzlement of funds. Article 92: Air Transport in order to ensure safe, reliable, and effcient air transport the Partner States shall (i) harmonize their policies on air transport; (ii) develop appropriate facilities for safe air transport, for example, airports, radars, and weather systems; (iii) establish joint air services and promote the effcient use of aircraft; (iv) ease the granting of air traffc rights for passenger and cargo air transport operators; (v) establish a uniform air control system so that aeroplanes are centrally controlled and managed; (vi) coordinate fight time tables of their airlines; (vii) encourage the joint use of maintenance facilities and other services for aircraft and ground handling equipment; (viii) adopt common aircraft standards and specifcations for aeroplanes to be operated in the Community. The EAC members before South Sudan joined were still having problems fully operationalizing this article of the establishment of the EAC. This works to the advantage of South Sudan as all key developments to the air transport system will be modeled to suit the arrangements as agreed upon by the members of the EAC. As things stand today, South Sudan has got only one international airport which has been under construction since independence. Those in charge seem to be using the construction as a channel for embezzling resources. It is therefore not surprising that Juba international airport of South Sudan is regarded as one of the worst airports in the world; (ix) carry out joint search and rescue operations in case of accidents. Article 93: Sea Transport the Partner States shall coordinate and harmonize their policies on sea transport. Accordingly, the Partner States shall (i) establish a common policy on sea transport; (ii) develop and promote effcient and proftable services in sea transport; (iii) reduce government controls at the sea ports; (iv) allow the landlocked Partner States easy access to the sea; (v) charge each other similar taxes in respect of goods transported by sea; (vi) give priority to each other with regard to goods transported on their respective ships and at their respective storage facilities; (vii) ensure safe sea transport by maintaining effcient communications, cargo handling, and other equipment; and (viii) carry out joint search and rescue operations in case of accidents. Article 94: Inland Water Transport the Partner States shall (i) put in place uniform policies regarding inland water transport.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Communication and Awareness Dimensions

303

As regards this article, joint rescue operations have been ongoing mostly between Uganda and South Sudan authorities whenever the need arises. This has sometimes involved the South Sudan and Ugandan police mainly regarding road accidents on the Juba-Nimule highway. Furthermore, the Sudan People’s Liberation Army (SPLA) and the Uganda People’s Defense Forces have been from time to time engaged in joint operations against the Lord’s Resistance Army rebels who have been terrorizing civilians in both Uganda and South Sudan. The River Nile which fows from Uganda through South Sudan, north toward Egypt is another issue that need close cooperation between South Sudan and Uganda. It is therefore imperative that Uganda and South Sudan adopt common policies on the usage of this water body as Egypt is very protective on matters regarding the River Nile. In this context, we argue that the Nile River constitutes the central environmental factor, which infuences the cognitive behavior of the Egyptian foreign policymakers (Sprout and Sprout 1965, 1969). Specifcally, the Egyptian foreign policymakers’ minds are infuenced by the geostrategic and economic and political environmental factors within the Nile River basin and the behavior of the riparian states. The limits that the geographical factors impose on Egypt positively and negatively cannot, therefore, be ignored and underestimated (Heikal 1978, 715). This could be ascribed into two factors: frst, the river unites the Ten African States including Egypt, with implications for the geostrategic economic, political, sociocultural, and legal relationships between Cairo and the countries of the basin (Erlich 2003). In the face of Egypt which is very protective as regards the usage of the River Nile, Uganda, and South Sudan need to have a joint front to safeguard their interests. However, the governments of these two East African countries as things stand need to consult for advice from the academics in the greater East African region to come up with ways of countering Egypt’s protective behavior. Sadly, the government of South Sudan has made it a habit of disregarding the input of academics on foreign policy and even matters concerning governance. In addition, the issue of Nile water grows in gravity in regional relations for the states of the basin for a number of reasons (Hassan 1993). First, no real organization exists among the states of the basin to allow for a dialogue to determine the distribution and exploitation of the Nile water. Second, there exists real competition among states of the Nile Basin over the production of specifc crops for export; especially cotton which needs enormous amounts of water. Third, the ongoing enmities and conficts between states of the basin, and the intra-state civil wars, which have created opportunities for instability and frequent manipulation by external powers, continue to undermine their own interests and the interests of the area. Bearing all this in mind, the importance of the Nile water to Egypt—particularly if a number of interrelated

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

304

Martin Logo Gogonya

issues are addressed—cannot be underestimated. First, according to the statistics of the Egyptian Ministry of Irrigation and Water Resources, the Nile alone supplies 94 percent of total water resources of the country. Egypt’s total area of 1,001,450 sq. km, more than 326,000 sq. km. or 33 percent of the territory fall within the Nile River basin (FAO 1997).The percentage of Egypt’s population in the Nile River basin accounts for more than 85 percent compared to the other basin states’ population percentages such as Uganda (75%), Sudan (74%), and Rwanda (72%). In this regard, the EAC would be the right platform for South Sudan and Uganda to safeguard their interests in this matter; (i) have simple rules and procedures for the smooth fow of inland water transport; (ii) maintain effcient cargo handling equipment and cargo storage facilities as well as train the required personnel; (iii) encourage the joint use of maintenance facilities; (iv) charge each other similar taxes in respect of inland water transport; (v) give priority to each other with regard to goods transported on their respective ferries and at their respective storage facilities; (vi) establish joint shipping and other related services; (vii) ensure safe inland water transport by maintaining effcient communication facilities and undertaking joint search and rescue operations; (viii) work together on the removal of obstacles to inland water transport, for example, the water hyacinth and water pollution; and (ix) work together in training and research. Article 95: Multimodal Transport (all forms of transport). The Partner States shall ensure an effcient multimodal transport system (use of different forms of transport and equipment). Accordingly the Partner States shall (i) simplify and harmonize their rules, procedures, and documentation for multimodal transport; (ii) apply uniform rules and regulations with regard to packaging, marking, and loading of goods; (iii) ensure the necessary facilities for changing goods from one type of transport to another, at main multimodal cargo exchange points; (iv) ensure effcient communication for multimodal transport. Articles 96 and 97: Customs Clearing Agents, Freight Forwarders and Shipping Agents (i) The Partner States shall harmonize the requirements for registration and licensing of clearing agents, and so on; (ii) The agents shall be free to register in any Partner State provided that they fulfll the legal and customs requirements of that Partner State. Article 98: Postal Services the Partner States shall ensure fast, reliable, secure, economical, and effcient postal services in the Community. Accordingly, the Partner States shall (i) coordinate and harmonize their policies on postal services; (ii) promote close cooperation among their offces in charge of postal services; (iii) strengthen their postal sorting, transit, and distribution centers. The key hindrance to the realization of this article is the insecurity currently engulfng South Sudan. There can never be any meaningful development or progress regarding this article for as long as the war is continuing to

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Communication and Awareness Dimensions

305

rage. Most of the little infrastructure inherited from the Republic of Sudan has been destroyed by both the rebels and the government forces. It must also be put on record that the government of South Sudan since independence has not taken the issue of setting up of infrastructure seriously. The current complex in Juba housing the ministries was inherited from the Republic of Sudan except for a few renovations here and there.

Copyright © 2020. Lexington Books. All rights reserved.

AWARENESS DIMENSION Awareness mainly refers to a state of knowing what is happening around one’s surroundings. For the East African integration project to succeed, the stakeholders who are the citizens must know what the community is about and what they stand to gain from it. Sadly, as the case is with South Sudan issues regarding the EAC are a preoccupation of the government offcials and the top leadership. The South Sudanese citizens don’t seem to matter. The government doesn’t seem to see the need of sensitizing the citizens on the meaning of its membership to the regional block. Even some of the top government offcials don’t understand what the EAC is about. The only thing they seem to understand is the free movement of people across borders without paying for a visa, because this directly benefts them as most of their families live in Uganda and Kenya. If the so-called elites understand membership to the EAC in such a limited way, what of the uneducated masses in the countryside? Security challenges in South Sudan are intertwined with those of its neighbors hence a regional security solution is appropriate. Second, the security challenges emanating from within South Sudan can be addressed through the involvement of the international development agencies such as the EAC, African Union, and the United Nations, among other international actors. Furthermore, the ongoing war in South Sudan is as a result of the Sudan People’s Liberation Movements inability to resolve the social and national question associated with the colonial legacy and emerging neoliberal globalization (Magnus 2017, 6). The end of the cold war brought about other dimension to the liberation of South Sudan that were overlooked within the movement or assumed. The most immediate regional grouping as far as South Sudan is concerned is the EAC. If a solution is to be found to the South Sudan political crisis, it should be championed by the EAC. However, the East African leaders are operating like a club of friends who are only concerned with keeping themselves in power for as long as they can. Once the will to solve the current political crisis in South Sudan is lacking in the EAC, it is very diffcult for a solution to be found. South Sudan borders Uganda and Kenya, original members of the EAC. During the long civil war, many South Sudanese fed Sudan for both Uganda

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

306

Martin Logo Gogonya

and Kenya seeking refuge. A good number of children ended up obtaining their education in these East African countries. It is therefore not surprising that at independence, a good number of South Sudanese were already aware of the EAC and what it stands for. This further accounts for the fact that right at independence, the South Sudanese government expressed interest in joining the EAC. It is also worth noting that not all South Sudanese are aware of the existence of the EAC. As many South Sudanese fed to Kenya and Uganda during the long and bloody civil war, a good number also fed to North Sudan and other to Europe and America. To those who fed to other places other than east Africa, the EAC is something new to them. The government therefore has a duty to step up the awareness campaign throughout the country. The issue of communication is a big problem in south Sudan. With poor roads and an underdeveloped telecommunications system, some parts of the country are inaccessible. High illiteracy levels further compounds the problem of sensitization of the masses on the EAC and what it can do for the betterment of the lives of South Sudanese. Despite the above challenges, the government of South Sudan had tried to step up the awareness campaign throughout the then-ten states. However, with the out-break of the civil war in 2013, the awareness campaign has not progressed as it should. Government has channeled most of the resources toward the military, therefore, stagnating the awareness campaign it had earlier started.

Copyright © 2020. Lexington Books. All rights reserved.

CONCLUSION Within the SPLM, power struggle and failure to meet people’s expectations has caused elite rifts that have led to civil wars such as the sustained wars that started in December 2013. The power struggle that have assumed ethnic dimensions and caused insecurity within have securitized other sectors such as transnational crime as criminal organized gangs engage in trade across the national borders with established groups with political motivations over war economy. Ungoverned spaces between South Sudan and its neighbors especially the border regions along the Kenyan and Ugandan borders, have internationalized the confict and instability as a result of resource based pull factors. The war economy associated with poaching of animals such as elephants, giraffe, chimpanzee, and antelopes have attracted poaching and commercial traffcking of wildlife by the military, other armed groups and civilians as well. Wildlife and natural resources have fuelled corruption and armed conficts across South Sudan (Theisen and others 2017, 41–43). Other illegal activities that pause insecurity in South Sudan are gold mining, illegal logging, and charcoal production. International individuals in collaboration

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Communication and Awareness Dimensions

307

carry out these activities with locals, including members of security organs and other armed groups operating without South Sudan. Nontimber products such as wild coffee, gum acacia, and shea also contribute to war along the savannah and equatorial forests (Collier 2015, 18–21). The Mbororo, for example, have moved freely along the DRC, Central Africa, Sudan, and South Sudan borders, engaging in both legal and illegal trade from proceeds of poaching and natural resources exploitation. In conclusion, it goes without saying that South Sudan stands to massively gain from its membership to the EAC and the other members of the EAC from South Sudan. However, the government of South Sudan must frst put its house in order for it to realize these gains. First, the government must prioritize education of its citizens. It is very important for the citizens of a country to understand the functioning of any union that they are going to be a part of and this can be eased with an enlightened population. As things stand at the moment, there are many misconceptions by South Sudanese about the EAC, largely due to apathy and illiteracy. That aside, for the Awareness and Communication dimensions to succeed, there must be freedom of speech and the media. As things stand at the moment, due to the ongoing civil war, there is no freedom of the press and the media as many media houses have been closed down because of the heavy censorship by government security agents. Even the biggest telecommunications frm in the country, Vivacell was recently shut down leaving all users in a state of limbo. It is important for political stability across the country if South Sudan’s membership to the EAC is to make sense. In lieu of this, South Sudan will become a source of instability to the other members of the EAC, most especially those with which it shares borders. Since the civil war in South Sudan is taking tribal dimensions, the issue of irredentism will come in. It is easy for tribes across the border to get sucked into the war when they realize their tribesmen in South Sudan being targeted. An example here is the Kakwa, Madi, and Acholi who are found in both South Sudan and Uganda. The leaders of the greater EAC must prevail over the leaders of South Sudan to give peace a chance. As it stands at the moment, the leaders of South Sudan are not interested in peace and want the current civil war to continue. It is this internal confict in South Sudan which will continue to hamper progress and opportunities in the country for the consolidation of easafricanness, eastafricanization, democratization and integration in relation to the South Sudanese.

REFERENCES African Union. 2015. Final Report of the African Union Commission of Inquiry Report on South Sudan. Addis Ababa: African Union.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

308

Martin Logo Gogonya

Bereketeab, R. 2014. “Post Liberation State Building in South Sudan: Potentials and Challenges.” Journal of Foreign Affairs, vol. 1, no. 1: 25–60. Buzan, B. 2007. People, States and Fear: An Agenda for International Security Studies in the Post-Cold War Era. London: ECPR Press. Buzan, Barry, Waever, Ole, and de Wilde, Jaap. 1998. Security: A New Framework for Analysis. Boulder: Lynne Rienner. Collier, P. 2013. Equity in Extractives: Stewarding Africa’s Natural Resources for All. Africa Progress Report. https​://st​atic1​.squa​respa​ce.co​m/sta​tic/5​728c7​b1825​ 9b5e0​08768​9a6/t​/57.p​df. Accessed 10 December, 2019. Collier, P. and Bannon, I. 2015. Natural Resources and Violent Conficts: Options and Actions. Washington, DC: World Bank. Dagne, T. 2011. The Republic of South Sudan: Opportunities and Challenges for Africa’s Newest Country. Congressional Research Service. https://fas.org/sgp/crs/ row/R41900.pdf. Accessed 10 December, 2019. De Waal, A. 2014a. “When Kleptocracy Becomes Insolvent: Brute Causes of the Civil War in South Sudan.” African Affairs, vol. 113, no. 452: 247–269. De Waal, A. 2014b. A Political Market Place: Analyzing Political Entrepreneurs and Political Bargaining with a Business Lens. World Peace Foundation. https​://si​ tes.t​ufts.​edu/r​einve​sting​peace​/2014​/10/1​7/the​-poli​tical​-mark​etpla​ce-an​alyzi​ng-po​ litic​al-en​trepr​eneur​s-and​-poli​tical​-barg​ainin​g-len​s/. Accessed 10 December, 2019. East African Community. 2002. The Treaty for Establishment of East African Community. Arusha: East African Community Secretariat. Fanny, N., Tove, H. S., and Oystein, R. 2015. “South Sudan Uganda Relations.” Confict Trends. https​://ww​w.acc​ord.o​rg.za​/conf​l ict-​trend​s/sou​th-su​dan-u​ganda​ -rela​tions​/pdf.​Accessed 10 December, 2019. Hartzenberg, T. 2011. Regional Integration in Africa. London: ECA Publications. Herbst, J. and Greg, M. 2015. “Emerging Risks and Opportunities in Sub Saharan Africa.” PRISM, vol. 5, no. 2: 2–29. https​://cc​o.ndu​.edu/​Porta​ls/96​/Docu​ments​/pris​ m_5-2​/PRIS​MS-2_​Emerg​ing-R​isks.​pdf. Accessed 10 December, 2019. International Crises Group. 2015. Sudan and South Sudan Merging Conficts Report no. 223, Africa. https​://ww​w.cri​sgrou​p.org​/afri​ca/ho​rn-af​rica/​south​/sout​h-sud​an/su​ dan-a​nd-so​uth-s​udan-​s-mer​ging-​conf​icts.​pdf. Accessed 10 December, 2019. Irin. 2014. “Regional Interests in South Sudan.” www.t​henew​human​itari​an.or​g/ ana​lysis​/2014​/03/1​9/reg​ional​-inte​rests​-stak​e-sou​th-su​dan-c​risis​.pdf.​ Accessed 10 December, 2019. Mamdani, M. 2016. “Who is to Blame in South Sudan.” Boston Review: A Political and Literary Forum. Bosto​nrevi​ew.ne​t/wor​ld/ma​hmood​-mamd​ani-s​outh-​sudan​ -fail​ed-tr​ansit​ion.p​df. Accessed 10 December, 2019. South Sudan. 2011. The Transitional Constitution of the Republic of South Sudan. Juba: South Sudan.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 17

Tanzania’s New Media Policies and New Hopes Role of Communication, Popular Participation, and the EAC Integration Hassan Abbasi

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTION Communication plays greater and diverse roles in safeguarding democratization and social development. This fundamental role becomes more so important when it comes to regional integration and amalgamation of the people into regional belonging. The East African Community (EAC) is one regional block whose existence and continuation is interplay of many factors including effective communication of its agenda to its revered citizens. Themed “Tanzania: Role of Communication, Popular Participation and the EAC Integration; New Media Policies New Hopes” the chapter revisits an interplay between media and communication as a key variable in the popularization of regional integrations. The consistent and cogent argument in this seminal work therefore is for greater peoples’ participation in the EAC and meaningful sense of belonging, there must be multifaced efforts of many actors. Most importantly, reinvigorated efforts based on communication strategies established and implemented by member states are needed to complement what the regional Secretariat is already doing. Based on the analysis of current shortfalls at the regional level, some best strategies displayed by the government of Tanzania and empirical interviews with media practitioners, the chapter offers recommendations for consideration if some elevated communication tactics are to be used in attaining eastafricanization or sense of belonging by East Africans to the Community. 309

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

310

Hassan Abbasi

Copyright © 2020. Lexington Books. All rights reserved.

THEORIZING THE ROLE OF COMMUNICATION IN FOSTERING POPULAR PARTICIPATION IN REGIONAL INTEGRATIONS: A CONCEPTUAL BACKGROUND Three keywords in this chapter are communication, popular participation, and integration. It is important therefore to start with operationalization of the concepts before embarking on an explanation of a theoretical guide to clarify on how the two concepts relate to each other and the point of intersection. Communication: Literary, the term refers to the exchange of information (verbal, written, or through special sign languages) for a shared meaning through a particular medium (Media and Communication Dictionary: 69). From this defnition, it is clear that a distinction exists between the terms “communication” (the messages) and “media” (as the channel). However, there is a growing scholarship considering “communication” and “media” as synonymous or interchangeable terms in some circumstances (McQuail 2010, 27). The abovecited author further argues on the existence of a frmly established feld of study called coined thus “media and communication.” The view is supported by earlier interpretations sharing similar conclusion, treating communication and media either as one branded concept hence reference to either “media and communication” or “communication and media” or adopting the terms in an interchangeable gradient (Dakroury and Eid 2012, 29; Krots 2007, 258). This chapter consequently adopts the two schools of thought. In some cases, the two terms are either adopted interchangeably or in a conjoined manner. Popular Participation: The term stems from a number of theoretical backgrounds, the most notable and persuasive school being the Democracy and Participatory Development theories (Baker 2012, 21). Essentially, as one of the tenets of the theory, popular participation refers to the authority of the people to participate and beneft from their belongingness in a particular society or regional community (Mararo 2014). In the context of the EAC, the Treaty establishing the Community has a number of indirect provisions embracing the concept. For instance, Article 6(d) on “Fundamental Principles” pronounces subscription to democracy, transparency, and good governance values that embodies granting the people opportunity to meaningfully participate in the affairs of the Community. Furthermore, Article 7(a) of the Treaty on “Operational Principles” enumerates the value of “peoplecenteredness.” The Treaty specifcally embraces the role and participation of a specifc set of actors including the private sector (Article 127) and emphasis is put on the direct involvement of the people (Davoodi 2011). The Treaty, in embracing the role and signifcance of popular participation of the people, further directs member states to create “an enabling environment” for the participation of civil society in the development of activities

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania’s New Media Policies and New Hopes

311

within the Community. In fulflling the “people-centered” core value for popular participation, the EAC and other partners perform a number of activities including election monitoring (Adar 2011, 22). However, the extents to which citizens and civil societies are meaningfully involved remain an area for discussion and continued scrutiny (Adar 2011; Straker 2012; Mararo 2014). This chapter argues for the fortifed involvement of the media and communication actors in the pursuit of popular participation in the EAC integration. Integration: In the sense of regionalism, the concept involves countries in a region surrendering part of their national sovereignty and coming together for “shared sociopolitical and economic norms and values and deepening their cooperation at several levels” (Odhiambo 2014, 2). Recent scholarship has also argued that integration is beyond governments, it may extend as far as to the popular participation of other nongovernmental actors such as the civil society and the media (Okello and Kirungi 2011 cited in Odhiambo 2014, 2). Stressing on the interplay of the three concepts (Alot 2009) contends that the government, the private sector, and the media all have a role in popularizing regional integrations (Alot 2009 cited in Odhiambo 2011, 2). Countries integrate on a number of reasons, ranging from political, economic to social with particular emphasis on trade, free fow of labor and infrastructure (Cooks 2018; Adar 2011; Benjamin and Kesides 2012). As argued by Alot, at the epicenter of all these, lie the communication and media actors. The lingering question is therefore how can the media play its role in the popularization of the various integration processes and stages, and in particular in popularizing the EAC?

Copyright © 2020. Lexington Books. All rights reserved.

THEORETICAL CONTEXTUALIZATION: MEDIA/ COMMUNICATION AND INTEGRATION As argued in the foregoing conceptual analysis, for effective integration and popular participation of the people and for the attainment of an effective and sustainable integration, media and communication actors play prodigious role. There are many media and communication theories: classical or empirical, amplifying on different functional roles the media and communication can or ought to play in social sociopolitical development, and, in particular, for successful integration process. FOUR THEORIES OF THE PRESS AND BEYOND The “Four Theories of the Press” typology advanced in the postwar era in the United States presents one of the earliest attempts to establish the nexus between what communications and its media systems can play in

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

312

Hassan Abbasi

social-economics of nations (Siebert et al. 1956, 1–2). Known also as normative theories of the press for their hefty dependency on analytics rather than empiricism, the authors classifed what the media and communication can play into four geopolitical systems: authoritarian, libertarian, and social responsibility and Soviet Communist theories. It is not the obsession of this chapter to fully scrutinize the old typology, but it is worth a while to offer a brief summary of the main arguments advanced by the authors. Their main argument rests on the fact that communication or media role in a given political context is infuenced or guided by political structures of the country, the political vision of the ruling elites, and the social system that coexist. That’s why, goes their core argument, in most democratic regimes (Libertarian and Social Responsibility countries), the media contributes more to social emancipation than in less democratic systems (Authoritarian and Soviet systems). This kind of argument is, however, the main angle of criticism from many other scholars. The four-theory approach has received criticism for lack of “empirical” and for “analytical inadequacy” (Nordenstreng 1997, 97). For the reasons, a litany of recent studies have gone beyond the political orientation of the four theories of the press to extrapolate the role of many other factors in construing the proper media theory. Nordenstreng’s main point of frustration with the four-theory typology is on the fundamental role of the media and communication which he reiterates must be explained: “beyond political orientations.” He argues further that in several cases, economic factors such as advertising play an equally important role in shaping media contribution to the society. (Nordenstreng 1997, 102). Another mass communication scholar, Dennis McQuail, attempted to offer another alternative way of theorizing media and society. Some of his efforts include advancing the democratic participation and developmental theories that presupposes the new “nation-building” role of the media and communication in emerging democracies (McQuail 1994 cited in Nordenstreng 1997, 103). Over and above individual efforts, communication theories on the role of the press in social development have ever since taken a sharp turn into group efforts to come up with new perspectives. One such effort is the crosscountry paradigm which argues that the role of the media must be construed from a functional approach (Christians et al. 2009 cited in Nordenstreng 1997, 103). Although the scholars: Christians (Swedish), White and Glaser (US), and Nordenstreng (Dutch) maintain that their typology is still a work in progress, the initial framework is worth our attention. They have developed a paradigm based on four major roles that communication through the media can play in society (Christians et al. 2009). Surveillance Role: The media at this level plays a “watchdog” or “monitorial” role where it guards against moral breaches in society as well as bringing critical issues of the society to the attention of the people. Critical Role:

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Tanzania’s New Media Policies and New Hopes

313

This is when the media radically scrutinizes public issues to highlight major failures, challenges facing society. Collaborative role: Collaborative comes into play mainly when the country is young and insecure, during times of war or emergency. The media plays more of a supportive role to make the public understand the crucial national goals and policies, and Facilitative Role: The media creates and sustains public debates (probably with a view to come to terms with major public policy issues and decisions). It acts as the voice of the people. On top of the normative roles thereof, the media and communication feld play a litany other general roles to the society: as a tool for democratization (Nyamnjoh 2005; Mfumbusa 2002; Mfumbusa 2008; Rioba 2008), diplomacy and peace building (Buddapest 2006), social development (Nordenstreng 2007) to a specifc role in popularizing integration issues (Churchill 1991, Otaniem 2011; Behbahan 2013). Specifc to the current study, several theoretical and empirical studies have explained the different roles communication through the media can play in popularization of regional integration. To start with, language as a communication medium in fostering cultural integration among peoples of different civilizations within an integration region is cited as a crucial factor (Keedus 2004; Otaniemi 2011). Much as the authors limited their studies on language, culture, and integration, yet their fndings add to our understanding of how language as a medium of communication is an important popularization agent. Some years later (Bebahan 2013) emphasized on the similar role of language and communication in cultural integration. The study was however limited to the role of language as a tool in inculcating a sense of belonging among immigrant students in Sweden rather than a direct analysis of media/ communication and regional integration. Apart from the focus on the role of language, communication, and culture on integration, other African and European media scholars have directed their attention on more specifc issues of media and integration process. They found out that the role of traditional communication and current “imperialistic” media on Africa integration process being “inseparable” (Didiugwe 2013). The author, nonetheless, blames the failure of African media to play its “Africanization” role, that is, creating a sense of love for their continent and belonging to it, due to what he sees as “imperialism legacies.” The overall object of his analysis is largely on the general dynamics of mass media in fostering economic, cultural, political, and social interactions in Africa. Adopting more empirical approach in extrapolating the linkage from the experience of two different continents (Nyabunge 2011) for Africa and (Valentini 2006) for Europe, the authors provide more insights on the effect of media on integration. Arguing from a functionalist theory, Nyabunge proposes: “Africa’s print and electronic media must play part in resolving

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

314

Hassan Abbasi

African problems and set the continental agenda.” Analyzing similar trends in the European Union (EU) integration route from a duo case study of Finland and Italy, Valentini discusses more on the “public participation” role. He argues that media and communication channels can be part of the process of “Europeanization” to create a “new Europe identity.” The studies focus on continental level integration that is specifc to regional set-up like the EAC. On the other hand, Churchill (1991) offers one of the earliest theorization on media, integration linkage with both a continental as well as specifc regional focus. He maintains that the media acting as “centers of information community” play an invaluable contribution in informing people about the implementation of the regional agenda. The author further enumerates a number of challenges facing media in its proper role, citing specifc cases in the EAC region. The challenges range from the colonial legacy that created Eurocentric views among many Africans on local development issues to language barriers. In another study specifc to the EAC, involving interviews with forty journalists (Nyabunge 2011), and which corroborated earlier fndings by Churchill and others, several obstacles to the meaningful role of the media in integration are pointed out. They range from ethnicity, technology, language multiplicity, conficts and insecurity, lack of funds, and different laws among member states as major challenges constraining the EAC press. Such a view is further supported by (Odhiambo 2014) who offers more light into the challenges facing EAC media and communication when it comes to regional issues. Based on a content analysis and interviews with ffteen key informants from Kenya and Tanzania, the author found out lack of training to most journalists, proximity to the EAC HQ and funds as key hitches. To conclude this subpart, the theoretical analysis above saves to confrm that the media, whether in Africa, Europe, or within the EAC region play diverse roles in regional integrations. However, various factors hinder the media from fulflling its meaningful role. The EAC secretariat and member states must take more deliberate efforts to rescind the allegory, should they need the media to play a greater role. MEDIA AND COMMUNICATION ENGAGEMENTS: TOWARD EXTRAPOLATING BEST APPROACHES This subsection is dedicated to sharing some empirical fndings and observation on how both the EAC secretariat and in particular Tanzania as one of the member states, are engaging in various strategic interventions to promote popular participation of its citizens on regional agenda. I start with some sort of a prelude with the EAC secretariat.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania’s New Media Policies and New Hopes

315

THE EAC SECRETARIAT: GOOD STRATEGIES, MORE EFFORTS NEEDED On July 1, 2018, the EAC Communication Policy and Strategy marked half a decade since it was operationalized (EAC Communication Policy 2014). Among other objectives, the policy clearly accepts media engagement as one of its top line tactics in ensuring harmony among its stakeholders. During the period of March 2018 to October 2019, I have carefully observed different strategies implemented by the secretariat to ensure communication is effectively used to enhance the participation of the people. The fndings are discussed herein as follows:

Copyright © 2020. Lexington Books. All rights reserved.

EAC IN THE MAINSTREAM MEDIA (NEWSPAPERS, TV, AND RADIO) Strategically, the EAC implements its communication strategy mainly through media interviews, press releases, communiqués, and other media engagements. However, on a general note, in my observations, I have identifed two major defciencies on how the regional media support the EAC work. First is the question of media politics, policies, and what I can coin as practices of belonging. A number of empirical studies have proved beyond doubt that most mainstream media in the region prefer national news at the expense of the regional agenda (Nyabuge 2011; Didiugwa 2013). This would lead to most EAC Secretariat news to either completely miss the newspaper pages and news broadcast on electronic media and if they do, they would still be treated as secondary news. Second defciency is the seemingly emphasis on the event rather than communication of transformation and stories of change within the community. I argue that, at the Secretariat level, press releases are effective but not suffcient tools to advocate for support from citizens of the EAC. Much as there is a general good fow of information through press releases and media interviews or call for reporting on the EAC meetings, I argue those are good but not enough. A new strategy focusing on inviting the national and regional media to visit regional projects and communicate stories of change from the voices of the benefciaries is a far better strategy. This will cement the sense of belonging among East Africans if they are made to see the value of the EAC. EAC IN THE SOCIAL MEDIA: SILENCES AND TURBULENCES It is no longer disputed that the Internet and its resulting social media are the new newspapers, radio, and television of the world (Abbas 2011, 2016).

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

316

Hassan Abbasi

Globally, statistics show that the world population is increasingly going online. The author contends that more than half the world is now ONLINE. The EAC region is not spared of the online migration syndrome. On average, about half of the population in the region (average from four member states) is online. According to the World Internet Statistics by 2017 (Internet Stats 2017), in terms of Internet penetration, the percentages stood at Kenya (85%), Uganda (40%), Tanzania (38%), and Rwanda (29%). Realizing this, the EAC secretariat has gone online too. However, much is left to be desired as refected in the analysis of social media use by the Secretariat. The website: The EAC’s offcial website is trading as https://www.eac.int/ and is available in English only, ignoring other languages that are widely spoken in the region like Kiswahili (The EAC has in fact established a Kiswahili Commission headquartered in Zanzibar, the United Republic of Tanzania). The website never posts anything in Kiswahili which is the lingua franca of the region. At the time of fnalizing and updating this chapter in October 2019, the community had embraced three major social media platforms, namely, Twitter, Facebook, and an online TV channel on YouTube. Twitter: Twitter handler trading as @jumuiya (https://twitter.com/jumuiya) is probably the most active social media page owned by the community. It enjoyed 60,000+ followers as of October 2019 up from only 44,000 in December 2018. There is also a Twitter account for the EAC media center which as of October 2019 had a mere 3,000+ followers. Unlike the website, these accounts are regularly updated with posts featuring events. The posts include updates from other EAC bodies like the Legislative Assembly and the Court of Justice and are mostly in English. Facebook: The Secretariat has a Facebook account trading as proudlyeastafrican/. As of October 2019, the page had 10,000+ people who “liked” it. However, considering the number of East Africans who are online, this is very much dismal. Concerted efforts are needed to ensure East Africans are attracted to visit the social media pages. Instagram: Like other platforms, the Instagram page is online and trading as eac_secretariat1. The page has only 400+ followers as at the cut point of updating this study, that is, October 2019. It is not well developed and needs more attention. YouTube: The EAC is also on YouTube—a Google-aided video platform. Equally, no much public engagement has been reported on the platform. The account which is trading as eacweb enjoys only 140+ subscribers as of the cut point date for updating the chapter. There is a new channel with the name EAC which is also not very much developed. Two major observed shortcomings across all the EAC social media pages are further discussed. First is the general lack of content planning: Most of the social media seem to be rich in events-based materials. The EAC communication team would only communicate when there is an event and rarely where there is nothing happening at the Secretariat. Social media engagement is beyond the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania’s New Media Policies and New Hopes

317

structured events; more stories, testimonials, structured interviews and active engagement of the audiences can be used to keep the social media accounts running and thus attract more Eastafricans and get them involved on regional agenda. Second relates to the language barrier. Analysis of the EAC social media platforms indicates the assumption that English is the lingua franca of the region. Not every East African is conversant with the English language. The peoples of East Africa have their other mother tongues. Eastafricanization cannot take place if the majorities are excluded through a designed language barrier. The secretariat needs to make a point to start using Kiswahili in connecting daily with the East Africans. TANZANIA SETS THE BAR FOR MEDIA INCLUSION FOR EAC POPULARIZATION In the foregoing sections, I have consistently argued that the media and communication strategies play a greater role in popularizing the integration process. However, the involvement, facilitation, and engagement ought to be stemmed from the deliberate efforts at the member state level rather than current dependency on the regional Secretariat. I argued that current efforts by the EAC Secretariat are well noted but not enough; they need to be augmented by improvements within and deliberate efforts from national levels. The government of the United Republic of Tanzania offers some of the best practices.

Copyright © 2020. Lexington Books. All rights reserved.

TANZANIA, THE MEDIA, EAC, AND GOVERNMENT INTERVENTIONS During the period between March 2018 and October 2019, I conducted and updated a perception survey involving the Tanzanian media practitioners to empirically extract their perception on diverse issues related to their role as agents of popularizing the EAC integration. The study adopted the sample size of 51 (N = 51). The media practitioners were selected based on convenience probability sampling; availability through attendance of monthly press briefngs of the Spokesperson of the government of Tanzania in Dar es Salaam and Dodoma. The sample size is adequate considering recent sample adopted in similar studies on the role of communication and media in regionalism issues thus (Valentini 2006, N = 54; Odhiambo 2014 adopted ffteen key informants; and Nyabunge, 2011, had thirty-seven respondents). Additionally, the interviews were conducted with practicing journalists in Tanzania’s two important cities—the commercial city (Dar es Salaam) and

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

318

Hassan Abbasi

Figure 17.1  Gender Representation. Source: Author’s Construction from Own Field Data.

the country’s new political capital (Dodoma) to answer few questions on their involvement in regional issues as well as their perception on the extent of the engagements. I fnally provide an analysis of the various national efforts by the government of Tanzania to gauge the swift work of media and specifc policies that attract coverage of regional issues. The empirical fndings are hereunder presented. GENDER CONSIDERATION The issue of gender was highly considered. Figure 17.1 shows that out of the ffty-one respondents, twenty-seven of the respondents, equivalent to 52.9 of the total respondents were males with the remaining forty-seven being female.

Copyright © 2020. Lexington Books. All rights reserved.

REPRESENTATION OF MEDIA OUTLETS IN THE SURVEY The media outlets were chosen from all aspects of the media in Tanzania. As shown in fgure 17.2, newspaper practitioners outnumbered the rest (35.3%) followed by TV (27%), radio (11.8%), and bloggers (9.8%). Respondents analysis based on media type are provided below: MOST COMMON SOURCES OF EAC INFORMATION In general, Tanzanian media practitioners, the agenda setters, are not so well conversant with the EAC agenda. Asked on how frequent they get

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania’s New Media Policies and New Hopes

319

Figure 17.2  Representation of Media Outlets in the Study. Source: Author’s Construction from Own Field Data.

Figure 17.3  How Often Tanzanian Media Receives EAC Information. Source: Author’s Construction from Own Field Data.

Copyright © 2020. Lexington Books. All rights reserved.

information regarding the EAC, more than half of them replied with a “not often” option (about 57%). Another 33 percent said they confrmed to get the regional news “very rare” (see fgure 17.3). Only 9.8 percent said they get the news “often.” SOCIAL MEDIA NAMED AS THE MAIN SOURCE ON ACCESS TO EAC NEWS When asked to mention their most preferred means of access to EAC information, most media practitioners preferred the social media to the mainstream media. A signifcantly high number (33.3%) mentioned social media compared to newspapers (22%); TV (14%) and radio (3.9%) as their most preferred medium. Others, in small percentages, mentioned a combination of two or more of the sources above.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

320

Hassan Abbasi

Figure 17.4  How Often are Media Practitioners Involved on EAC Affairs. Source: Author’s Construction from Own Field Data.

MOST MEDIA PRACTITIONERS SIDELINED ON EAC FORUMS

Copyright © 2020. Lexington Books. All rights reserved.

A signifcant majority (66.7%) of the respondents when asked how frequent they are involved in EAC affairs through meetings or seminars reported having never been involved at all. This corresponds to a similar study on how the EU media felt involved in the European Union agenda where about 67 percent felt not involved based a comparative analysis of two countries of Italy and Finland (Kivikwen 1996). It is understood that it may not be possible to involve all the national media among the member states during the annual EAC forums and other engagements. Besides, the argument here is for a new strategy where over and above structured meetings, responsible ministries at the member states level, should step up efforts to popularize the work of the Community by continuously engaging the national media and other stakeholders. The full range of views in this area is illustrated in fgure 17.4. VIEWS ON ENHANCING EAC COMMUNICATIONS When asked what should be done to enhance the role of the media in the popularization of the EAC, most of the respondents cited the need for more media engagements through seminars, press briefngs, workshops (41%). Other top-line recommendations and their respective percentage in the brackets are outlined herein as follows: ▪ Media be frequently updated via online forums (13.7%); ▪ To strengthen media coverage of the EALA (11.8%);

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania’s New Media Policies and New Hopes

321

▪ Responsible ministries in member states to issue frequent updates (7.8%); ▪ Member states to enhance press freedom (7.8%); and ▪ Involve media in all aspects of the integration (5.9%). GOVERNMENT INTERVENTION TO ENHANCE ROLE OF THE MEDIA FOR DEVELOPMENT The theoretical, as well as empirical gaps cited above, have major negative impacts on the realization of the eastafricanization dream. If eastafricanization is adopted to mean creating a sense of loving and belonging to the region, despite efforts at the EAC Secretariat level, contribution of individual member states is paramount. Tanzania, under the Fifth Phase Government of H.E Dr. John Pombe Magufuli, provides some commendable best practices, worth emulation.

Copyright © 2020. Lexington Books. All rights reserved.

CONSTITUTIONAL AND LEGAL FRAMEWORK FOR MEDIA AND COMMUNICATION Legal instruments are an important vehicle in ensuring the media plays its public sphere role of informing the people on development issues, including regional agenda. Since this is dealt with in a separate chapter in this book, it suffces to maintain here, that the Constitution of Tanzania (1977), as amended, has provisions that protect the sanctity of the media to participate in social developments. Article 18(d) ensures the right to disseminate news and information without regard to borders. This is a major constitutional guarantee that allows Tanzanian citizens and the media to be able to share their own thoughts to their fellows in the rest of the region and vice versa. The spirit of constitutional guarantee is refected under section 54 of the newly enacted Media Services Act. No.12, 2016. The law passed in November 2016 has provisions that ensure press freedom (section 7[1]) but goes further to allow the importation of foreign media outlets (newspapers and magazine), including from within EAC region (section 8). The details on provisions touching freedom of expression and of the press are discussed as follows: First, for the frst time, a legal instrument in Tanzania pronounces in detail the specifc guarantees on press freedom. According to section 7(1) of the Media Services Act, three-level freedoms are enumerated, namely, freedom to collect, process, and disseminate news. Second, the other major provision is section 52(2) of the Media Services Act which expands accountability and avenues for the media to operate without constrains in pursuing

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

322

Hassan Abbasi

its surveillance as well as critical roles enlisted in Christians et al. (2009). The section, in a major milestone, for the media to be able to scrutinize government issues, including openness in its participation on regional matters, offers a full immunity against prosecution if a publication fairly criticizes the implementation of government policies and programs. The section states that “an act, speech or publication shall not be deemed as seditious by reason only that it intends to—(a) show that the Government has been misled or mistaken in any of its measures; or (b) point out errors or defects in the Government of the United Republic or Constitution.” The third main provision is section 8 of the Media Services Act that empowers the Director of Information Services Department to issue licenses for importation of newspapers and other printed news outlets from other countries. This is why at the time of writing this chapter, four Kenyan newspapers, namely, the regional East African, The Business Daily, The Nation, and Saturday Nation were granted licenses allowing them to import their publications to Tanzania. Fourth, while the Media Services Act provides elevated protections for media freedom theory, in 2016 again the government signed into law another important legal instrument; the Access to Information Act No. 6, 2016, which focuses on the Freedom of Expression media theory. The gift of the law is to provide an avenue for every citizen of Tanzania to demand information from the government. Although at present the right to access the information is limited to the citizens of Tanzania only as per the Act, the law presents yet another signifcant development in the access to information jurisprudence. According to section 5 of the Act, government offcials are now required and obliged by the law to release important information held by the government including implementation of international and regional obligations. In essence, and as contended above, the law implements the freedom of expression theory—where every citizen, media, or not has the right to access public information. Section 5(1) of the new law ends the old long bureaucratic procedures where government offcials had the upper hand on deciding whether to issue or reject an application for access to information without valid cause or reasons. Citizens of Tanzania including the media can now freely request and access information on any subject including on the country’s participation and involvement with the EAC. Another major legal development in Tanzania that facilitates media involvement in development and regional agenda is the Electronic and Postal Communication Act, 2010. However, the law stayed for more than six years until its content Regulations were signed in 2018. Generally, a major input for the media in the region is the fact that the law and its 2018 Regulations provide for Free to Air Transmissions (FTAs) in television broadcasting. The FTA model allows international and regional noncommercial TVs including

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania’s New Media Policies and New Hopes

323

public broadcasters to be aired in Tanzania and to be available through both free as well as local pay-TV decorders. The policy has allowed a number of free to air channels from the EAC region to be available and accessible in Tanzania. In some cases, such channels have been able to show top-level EAC agenda including the Summits. If well utilized by the EAC Secretariat, the cross border channels such as KBC, Citizen TV, K24 (Kenya), RTV (Rwanda), UBC (Uganda), and TBC and AZAMTV (Tanzania) may enormously facilitate popularization of the EAC as well as positively push for the Eastafricanization dream. GOOD POLICY MOVES THE PRIVATE MEDIA TO TAKE THE CHALLENGE

Copyright © 2020. Lexington Books. All rights reserved.

The legal framework cited above allows an open media registration policy that has accelerated the fourishing and multiplicity of media in Tanzania. As a result, by October 2019 Tanzania had more than 230 newspapers, newsletters, and magazines; 35 television stations and more than 160 radio stations (Tanzania Information Services 2019 and Tanzania Communications Regulatory Authority 2019). Some of these media stations have a regional focus thus attracting cross-country interactions. Tanzania’s media spectrum has thus went ahead to create some special channels to cater for cross-region sharing of information. This is true of a privately owned EaTV (East Africa TV and its radio version) which focuses its content on the EAC region as a whole. Clouds TV has also opened a Rwanda-based feed, while Azam TV now broadcasts across the region via satellite and has correspondents in most of the Great Lakes regions. OFFICIAL GOVERNMENT MEDIA REFOCUSES ON EAC CONTENT Much as the above legal environment provides a platform for media outlets to have the freedom to focus on diverse issues, including promoting the EAC agenda, another best practice that Tanzania can offer to the regional agenda is the eastafricanization of government media contents. The word is used here to mean two basic things: contents that refect communication of the transformation stories and events of the EAC itself and second providing a new cross border platform that takes stock of individual efforts at a member state level but to promote larger integration agenda. This is true of the government owned Tanzania Standard Newspapers (TSN) Limited. TSN has already launched special editions on EAC news in their two major dailies—the Daily

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

324

Hassan Abbasi

News (English daily) and Habari Leo (Swahili daily). The special editions come out every Tuesday focusing on a detailed coverage of reports on the EAC Secretariat and other national news from member states. TSN through the two outlets provides one of the best examples of how national media can do more to support the regional agenda. While they had just launched circulations in Kenya and Rwanda, at the time of completing this chapter, the TSN management confrmed plans to scale up their circulation of the two editions to Uganda, Burundi, and South Sudan.

Copyright © 2020. Lexington Books. All rights reserved.

REVITALIZATION OF THE INFORMATION DEPARTMENTS AS NEWS AGENCY News agencies are no longer the best information dissemination model for most African countries—a departure from the adopted Resolutions under the Yaounde Declaration in 1980s. Generally, the demise of news agencies in the world (Shrivastava 2007), including, in third world countries, due to a number of factors including funding and technology has left many countries with the major challenge on how to better communicate their development stories. Popular participation, as well as eastafricanization, cannot happen if strategic information dissemination is not undertaken by media institutions with a Pan-African viewpoint. The government of Tanzania is currently mitigating the lacuna. The collapse of the then Shirika la Habari Tanzania (SHIHATA) as the sole national news agency left little options for Tanzania like in many African countries and regional blocs. As an alternative, the SHIHATA Repealing Act transferred all “news agency” functions to the now Tanzania Information Services Department, commonly known for its Kiswahili branded acronym as “MAELEZO.” Through the Media Services Act, one of the major transformations under President Dr. John Pombe Magufuli administration is to revitalize the role of news agency through the Tanzania Information Services Department. Among other mandates, section 5(m) of the Media Services Act transfers the news dissemination roles onto the Information Department. The offce is thus the center for news dissemination focusing on national as well as regional mandates. I argue these offces must be revitalized among all member states, for they can actively act as popularization agents. CONCLUSION Communication is a yardstick for regionalism, and in particular the promotion of EAC as a growing regional block. Through the media, communication

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania’s New Media Policies and New Hopes

325

plays a signifcant role that needs to be strengthened. National strategies, through media laws and policies plus efforts to revitalize news agencies via Information Services Departments, are important steps toward popularizing the benefts of the integration and making eastafricanization a reality. Based on the noted best practices from the case study of Tanzania and various gaps and lessons informed by the Tanzanian experience, I conclude with the following top-line recommendations: 1. First, EAC member states must step up local strategies to ensure popularization of the EAC agenda instead of leaving the burden on the hands of the EAC Secretariat; 2. Second, the EAC Secretariat must step up more strategic efforts to ensure multimedia means of communication, the mainstream as well as digital media forums, are well aligned to contribute to the regional agenda; 3. Third, language is an important communication factor; experience from other regional blocs unequivocally unveils the need to embrace local widely spoken languages like Kiswahili so that no one is left out of the process; 4. Fourth, the role of defunct news agencies remains a real dream if we are to ensure the balanced and free fow of information. The current Information Services Departments ought to be elevated to play such a function to ensure East Africans are fully informed of their various national as well as regional issues.

Copyright © 2020. Lexington Books. All rights reserved.

REFERENCES Abbas, Hassan. 2012. “Regulating Defamation in the Age of Internet; the Prospects and Challenges for Africa Countries.” African Communication Research, vol. 5, no. 3: 313–335. Abbas, Hassan. 2016. New Media, New Rules: Internet Defamation and Press Freedom in Tanzania. PhD Dissertation. Saint Augustine University of Tanzania. Adar, Korwa G. 2011. “The East African Community.” In Democratization of International Organizations, edited by Giovanni Finizio, Lucio Levi, and Nicola Vallinoto. First International Democracy Report. International Democracy Watch: Center for Studies on Federalism. Alot, M. 2009. The East African Integration: The Rise of the East African Community. Arusha: GTZ. Behbahani, Maryam. 2013. Intercultural Communication, a Key to Integration. MA Dissertation. University of Gothenburg. Berger, Guy. 2002. “Theorizing the Media-Democracy Relationship in Southern Africa.” Journal for Communication Studies, vol. 64, no. 1: 21–45. Buddephatt, Andrew. 2006. Voices of War: Confict and the Role of the Media. International Media Support.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

326

Hassan Abbasi

Christians, C., et al. 2009. Normative Theories of the Media: Journalism in Democratic Societies. Urbana: University of Illinois Press. Churchill, Ewumbue-Monono. 2011. “The Mass Media and Regional Integration in Africa.” Africa Media Review, vol. 5, no. 1. Africa Council for Communication Education. Cooksey, Brian. 2016. Tanzanian in the East African Community: A Comparative Political Economy. European Center for Development Policy Management. Discussion Paper No. 186. Danesi, Marcel. 2009. Dictionary of Media and Communications. London: M. E. Sharpe Inc. Davoodi, Hamid R., Ed. 2012. The East African Community After 10 Years: Deepening Integration. High-level Conference on EAC Arusha, Tanzania. EAC. 2014. Communication. Policy and Strategy. Arusha: East Africa Community. Eid, Mahmoud and Dakroury, Aliaa, Eds. 2012. Basics in Communication and Media Studies. Boston, MA: Pearsons Learning Solutions. Kasoma, Francis P. 1996. The Foundation of African Ethics (Afriethics) and the Professional Practice of Journalism: The Case for Society-Centered Media Morality. African E-Journal Project. Michigan: Michigan State University Libraries. Keedus, Liisi. 2004. The Role of Media in the Integration of Estonians and RussianSpeakers in Estonia: Towards an Inclusive Public Sphere. International Policy Fellowship Program. Kessides, Ioannis N. 2012. “Regionalizing Infrastructure for Deepening Market Integration: The case of East Africa.” Policy Research Working Paper no. 6113. World Bank Development Research Group. Mararo, Mbutu Samuel. 2014. A Critical Analysis of the Role of Public Participation in Regional Integration: A Case Study of East African Community (2001–2015). MA Dissertation. Nairobi: University of Nairobi. McQuail, Denis. 2010. “The Future of Communication Studies: A Contribution to the Debate.” In Media and Communication Studies Intersections and Interventions. ECREA European Media and Communication Doctoral Summer School, edited by Carpentier Nico and Trivundža Ilija, 27–35. Estonia: Tartu University Press. Mfumbusa, Bernardin. 2002. The Development of Responsible Press in Tanzania, 1990–2000. Dissertation for the Licentiate in Social Sciences with Specialization in Communication Ethics. Roma: Pontifc Gregorian University. Mfumbusa, Bernardin. 2008. “Newsroom Ethics in Africa: Quest for a Normative Framework.” African Communication Research, vol. 1, no. 2: 139–158. Nordenstreng, Kaarle. 2007. “Myths About Press Freedom.” Brazilian Journalism Research, vol. 3, no. 1: 15–30. Nyabuga, George M. 2011. “Enhancing Equity in the East African Regional Integration Process: Role of the Media.” In East African Integration: Dynamics of Equity in Trade, Education, Media and Labour, edited and published by Society for International Development (SID), 129–172. Nairobi: Ascent Limited. Nyamnjoh, Francis B. 2005. Africa’s Media: Democracy and the Politics of Belonging. Pritoria: Unisa Press. Odhiambo, Oranga C. 2014. The Role of Print Media in Regional Integration: The Case of the East African Community. Phd Thesis. University of Nairobi.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Tanzania’s New Media Policies and New Hopes

327

Copyright © 2020. Lexington Books. All rights reserved.

Ogbondah, Chris W. 1994. “Press Freedom and Political Development in Africa.” Africa Media Review, vol. 8, no. 3: 20–31. Rioba, Ayub. 2008. Media in Tanzania’s Transition to Multi-party Democracy: An Assessment of Policy and Ethical Issues. Licentiate’s thesis. Tampere University. Shrivastava, K. M. 2007. News Agencies from Pigeon to Internet. New Delhi: New Dawn Press. Straker, Joel. 2012. Civil Society, Participation, and Regional Integration: Rhetoric and Reality in the Caribbean Community (CARICOM). MA Dissertation. St. Mary’s University. Tanzania Information Services. 2019. Newspaper statistics. Tanzania Communication Regulatory Authority. 2019. Quarterly statistics. Valentini, Chiara. 2006. Constructing Public Support: EU Communication Challenges for the Process of Integration. Paper for the International Conference on ‘Public Sphere and their Bounderies. Tampere Centre for Cultural Studies (TACS), University of Tampere.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Chapter 18

Uganda Citizens’ Sovereignty and the EAC Nexus The Role of Communication and Awareness Emilly Comfort Maractho

Copyright © 2020. Lexington Books. All rights reserved.

INTRODUCTORY BACKGROUND One of the core principles of cross-country cooperation and, in particular, regional integration is the pursuit of a common agenda. The East African integration has seen the formation and development of various institutions by the authorities of the different countries. For the East African Community (EAC), the pursuit of a common market has been at the forefront with eyes focused on other goals like common currency and political federation in the future, which gives the sense that the states agree to cooperate in undertaking economic and political activities. Most of these goals remain far-fetched dreams of the elite with less reality for ordinary Ugandans. The burden to succeed for the EAC is particularly high, given historical failure in its frst attempt and the ever-increasing globalization of markets across the world. The success of regional integration, at a country level, depends on the citizen’s ability to buy into the crafted common agenda and to meaningfully participate in it. Communication is relevant for furthering integration and achieving a level of eastafricanization and eastafricanness. However, one of the critical challenges to EAC’s successful integration is the degree to which member states may pursue divergent policy goals or democratic processes that could threaten the very fabric of their cooperation. While communication plays a major role in furthering the community’s agenda and remains a key pillar of success, how countries harness their communication apparatus, in particular the media (both old and new) will defne how much their citizens experience awareness of integration and thus meaningfully belong to the community.

329

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

330

Emilly Comfort Maractho

There is generally limited awareness of the EAC in Uganda. This has hindered the idea of eastafricanness in terms of ownership and identity with the ideals of the EAC. I have been conducting research on the media in Uganda for several years and use the insight from various pieces of research to write this chapter. I critically examine the media system in Uganda in relation to its regulatory measures, the media’s ability (or lack of) to foster the EAC’s common agenda, and the implications for Ugandan’s belonging as EAC citizens. The chapter ends with some thoughts on how to cultivate a sustainable communication strategy for Uganda, starting with the politics of language and belonging, and ending with the politics of media policy. One of the core principles of cross-country cooperation, and in particular regional integration is the pursuit of a common agenda. For the EAC, the pursuit of a common market has been at the forefront with focus on other goals like common currency and political federation in the future. Most of these goals remain farfetched dreams of the elite with limited reality for ordinary Ugandans. Coming into force in July 2000, the burden to succeed for the EAC is high, given historical failure in its frst attempt and the everincreasing globalization of markets across the world in addition to subtle but growing distrust between some member states, Uganda and Rwanda being the most recent example. The EAC at the time of writing this chapter (2019) boasts of six member states namely the Republics of Burundi, Kenya, Rwanda, South Sudan, the United Republic of Tanzania, and the Republic of Uganda. The success of regional integration, at a country level, depends on the citizen’s ability to buy into the crafted common agenda and to meaningfully participate in it. One of the critical challenges to EAC’s successful integration is the degree to which member states may pursue divergent policy goals or democratic processes that could threaten the very fabric of cooperation. While communication plays a major role in furthering the community’s agenda and remains a key pillar of success, how countries harness their communication apparatus, in particular the media (both old and new) could defne how much their citizens experience awareness of integration and thus meaningfully belong to the community. The different countries are at different levels in terms of social media use (Chibita and Ugangu 2017). This is relevant because eastafricanization implies that changes in the domestic arena of a partner state is a result of integration at the EAC regional level. It is for that reason, the Uganda chapter attempts to understand how communication policy in Uganda is affected by the EAC. Uganda is a landlocked country with high population. It borders to the south with Tanzania and Rwanda, to the east with Kenya, to the west with the Democratic Republic of the Congo (DRC), and to the north with South Sudan. Its population is estimated at 37.7 million (UBOS 2017) with majority

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Uganda Citizens’ Sovereignty and the EAC Nexus

331

living in rural areas (75.5%), while the remaining is in urban areas (24.5%) as of 2017. Rampant unemployment, poverty, trade imbalance (with a negative balance of payment), and regional inequality are some of the challenges to development Uganda grapples with. Being landlocked means that participation in the EAC would help address some of these challenges. Besides the EAC organs and institutions, affliate organizations namely the EAC Business Council (EABC), East African Law Society (EALS), East African Centre for Constitutional Development (EACCD), East African Local Governments’ Association (EALGA), East African Civil Society Organization Forum (EACSOF) have all been participating in efforts to widen and deepen East African integration and eastafricanization. Joint communication strategies and sensitization activities have been undertaken in order to communicate the importance of this integration. The communication function of the affairs of EAC integration rests with the Ministry of EAC Affairs (MEACAs) in each member state. These ministries are therefore responsible for playing the role of communication. In Uganda, it is generally acknowledged that the level of citizen awareness on matters of the EAC are very low. Chris Magoba (2017) argues that the Ugandan MEACA has not done enough to communicate effectively to the Ugandan audience but also their messages have not impacted on their intended audiences due to lack of segmentation. This is therefore responsible for the limited awareness of the East African integration issues among Ugandans. Whereas the EAC has a communication policy and strategy, the Ugandan MEACA does not have an approved communication policy yet. It is dependent on the regional policy for the implementation of its strategies. The absence of such a policy is considered one of the major obstacles to effective communication in Uganda. The ministry is thus urged to adopt a communication strategy that is inclusive of all audiences, to improve the way they identify audiences and their interests in order to improve branding of EAC and participation in dissemination (Magoba 2017). The role of communication strategies in ensuring effective communication cannot be underestimated in a situation where citizen participation is crucial for success of goals. Communication should play a major role in furthering the community’s agenda and be a key pillar of success. This is dependent on how countries harness their communication apparatus. The media (both old and new) will defne how much the East African citizens experience awareness of integration and thus meaningfully belong to the community. Generally, the media landscape in Uganda is characterized by a vibrant and diverse broadcasting sector, fairly robust print industry and growing online presence in what Barbara Kaija has described as a friendly media environment (2013), although this had been restrictive due to retrogressive laws (Chibita 2010) and a fuid legal regime (Maractho 2014). The harnessing of

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

332

Emilly Comfort Maractho

this communication apparatus is a function of regulation. The Ugandan case presents both perceived and real challenges of effective communication as space for meaningful communication continues to shrink. In this chapter, I focus on the more recent frameworks for regulation, the UCC Act 2013 and the Over the Top Tax (OTT) commonly known as social media tax and the Constitution. COMMUNICATION FOR DEVELOPMENT IN THEORY AND THE ROLE OF MEDIA IN SOCIETY There are schools of thought that communication is relevant for development. The expectation on media is that it prioritizes communication, focusing on development issues. Postindependent leaders, including President Museveni, have tended to defne the role of the media to encompass communication for development. For instance, according to Museveni: “The State of Uganda has got a historical mission: nationalism, Pan-Africanism, socioeconomic transformation and democracy. It is the duty of every media house to further these aims” (Museveni 2012, 19). The president has extended this thinking in his writing through the newspapers too. In the heat of the debate around the social media tax, which is extensively covered in this chapter, the president further suggested that all other use of media other than for development should be ignored. A letter by President Yoweri Kaguta Museveni after introducing the social media tax reads in part as follows:

Copyright © 2020. Lexington Books. All rights reserved.

I am not going to propose a tax on internet use for educational, research or reference purposes . . . these must remain free. However, olugambo on social media (opinions, prejudices, insults, friendly chats) and advertisements by Google and I do not know who else must pay tax because we need resources to cope with the consequences of their lugambo. (Daily Monitor Sunday April 1, 2018)

It is no secret that President Museveni has been a big critic of the media, particularly the Daily Monitor and attempted severally to defne what the media should or should not do. Despite this attempt, development communication is still limited, with coverage of development issues remaining minimal. Coverage is still largely dominated by politics, and justice, law, and order. Many studies defne the role of media as different things with potential to change society. For example, the media it is believed can play the role of mediator, middleman, and initiator of the development of civic discourse and civil society (Havelkova 1999; Mann 1990); participation and negotiating power (Saeed 2009); forums of participation-a kind of public sphere (Mwesige 2009); modern political processes (Livingston and Lunt 1994);

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Uganda Citizens’ Sovereignty and the EAC Nexus

333

Copyright © 2020. Lexington Books. All rights reserved.

democratization (Ferlinger 1991); powerful agents of socialization and social change (Gallaghers 1979); infuencing politics and policy makers (Gilboa 2005); transformation (Obonyo and Peel 2013); and promoting women’s participation throughout political life (UMWA 2016; Somolu 2007). However, some studies also identify the limitations of communication for development through the media, which suggests the media is a doubleedged sword (Maractho 2017) with positive contributions as identifed above but also with negative impact where the media becomes perpetrators of distortions and misrepresentations of women and women’s issues (Mukama 2002; Tamale 1999); opening up space for women and paradoxically closing it (Havelkova 1999); and disproportionate focus on politics rather than development. The problem of communication is better captured by Craig (1999, 147): The basic “problem of communication” in society arises from material and ideological forces that preclude or distort discursive refection. Communication conceived in this way explains how social injustice is perpetuated by ideological distortions and how justice can potentially be restored through communicative practices that enable critical refection or consciousness-raising in order to unmask those distortions and thereby enable political action to liberate the participants from them. The role of communication is thus emphasized and effective through refective practices. The role of communication in deepening popular participation and raising consciousness or awareness is elevated. The EAC integration becomes an affair of citizens, furthering sovereignty only through communication. It is this, which appears to be low and hindered in some cases by language. The question is, to what extent is communication playing crucial roles in the eastafricanization and popular participation in Uganda? How do regulatory frameworks promote or prohibit the role of communication in attaining eastafricanness and meaningful integration? METHODOLOGICAL APPRAISAL I have been conducting research on the media in Uganda for several years and use the insight from various pieces of research to write this chapter. I rely on three various studies on media governance, mass media, women and public life in Uganda, and social media regulation in the last fve years to write this chapter. All the studies involved policy analysis, qualitative, and quantitative research that has all been completed. The in-depth interviews carried out during the specifc studies have informed this chapter. The chapter is thus a refective paper, borrowing insight from various studies and media reports.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

334

Emilly Comfort Maractho

THE LEGAL, POLICY, AND REGULATORY FRAMEWORK FOR THE COMMUNICATION IN THE EAC This section looks generally at the media environment in Uganda from a regulatory perspective, describing the laws, policies, and regulations in place. In this section, I focus on the legal framework, particularly looking at the laws and practice. This framework is crucial in defning communication in Uganda and operations of the media, the communication apparatus. There are multiple laws that between 1993 and 2013, there were upto eighteen bills and laws as well as six policies governing the media in Uganda (Maractho 2014, 63). It might be important to ask whether a media environment defned by such broad and fuid regulatory framework is free to communicate development or not.

Copyright © 2020. Lexington Books. All rights reserved.

THE CONSTITUTION OF THE REPUBLIC OF UGANDA 1995 (AS AMENDED) The Constitution of Uganda is the Supreme Law of the Land and tends to mirror most International Covenants to which Uganda is a member state. Freedom of expression is enshrined in Article 29 which stipulates that “Every person shall have right to-(a) freedom of speech and expression which shall include freedom of the press and other media,” with a few modifcations that omits the reference to “without interference” as stipulated in the Universal Declaration of Human Rights (UN 1948). The Rights under the Constitution are protected by the Uganda Human Rights Commission established under Article 51 of the Constitution. The Commissions functions include investigating, at its own initiative or on a complaint made by any person or group of persons against the violation of any human right among others. The Ugandan Constitution only makes one mention of the media, in Article 29, which has resulted into the making of several laws in response to perceived misbehavior of the press and other media. Some of these laws have turned out to be retrogressive and punishing, thus closing space for communication to play an effective role in deepening EAC integration. The practical reach of the constitutional provision for freedom of the media and other media is thus minimal in the face of a fuid legal regime for communication. THE UGANDA COMMUNICATIONS ACT, 2013 Broadcast media and telecommunications were, until 2013, regulated by different legal regimes. The Uganda Communications Act 2013 (GoU 2013)

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Uganda Citizens’ Sovereignty and the EAC Nexus

335

brought together the two regimes into a single regulatory framework infuenced by arguments of convergence and new developments in the industry. Its mandate is derived from Article 43 of the Constitution, and the objective of this Act is to consolidate and harmonize the Uganda Communications Commissions Act (1997) and the Electronic Media Act (1996). As such, section 96 of the Uganda Communications Act 2013 repealed the Electronic Media Act while section 4(1) of the Act established the Uganda Communications Commission (UCC) as a body corporate. Section 5 states the functions of this body are to monitor, inspect, licence, supervise, control, and regulate communications services. The UCC Act 2013 defnes the role of communication through electronic platforms and envisions a greater stake in communication for development. The UCC as an institution is relevant in the discussion of Social Media Freedom as it is the Licensing body of Private Telecoms which are the providers of Smart phone services, on which most social Media is accessed. It is also the same body that gave directives to mobile phone operators to switch off social media Access except where a person has paid the required Uganda Shillings (UGX) 200 per day, now twenty-four hours, to which we now turn. Critics accuse the body of being high handed in its regulation of media having shut down social media during the 2016 general elections. These trends, it is not clear will signifcantly impact on structural and policy changes in other member states.

Copyright © 2020. Lexington Books. All rights reserved.

THE EXCISE DUTY (AMENDMENT) ACT, 2018 This Bill was passed on May 30, 2018 to levy tax on over the top services. It involves amending Section four (4) of the Excise Duty Act, 2014 by including sub-section 5 which provides that a telecommunications service operator providing data used for assessing over the top services is liable to account for and pay excise duty on the access to the over the top services. It also involved the amendment of the Schedule 2 to the principal Act by substituting for item 13 whereby for the access of overtop services, one is to pay Ugx 200 per day effective July 1, 2018. Indeed, the issue of internet tax was subsequently raised in Kenya. According to this Act, “over top services” means the transmission or receipt of voice or messages over the Internet protocol network and includes access to virtual private networks but does not include educational or research sites prescribed by the minister by notice in the Gazette. This speaks to defning the role of media to include communication for development around which eastafricanization would fall. The restrictions are with regard to the following services: WhatsApp, Facebook, Telegram, Twitter, Viber, LinkedIn,

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

336

Emilly Comfort Maractho

Imessenger Instagram, Skype, among others. This is applied to social media platforms. According to Rodney-Gumede: The term social media or Web 2.0 refers to websites and applications that enable users to create and share content, and to participate in information sharing and social networking that goes beyond the editorial control exercised over other forms of mass communicated news made content. (Rodny-Gumede 2017, 273–274)

Many Ugandans burdened by a number of restrictions on traditional communication and freedom of expression particularly by the Public Order Management Act 2013 had turned to social media. It is therefore not surprising, that unlike any other tax, the Over the Top Tax (OTT) was strongly resisted. That it stayed is testament to the government’s inability to listen to citizen’s voices. Subsequently, government reviewed the mobile money tax, reducing it to 0.5 percent instead of 1 percent but stayed the social media tax. Part of the resistance revolved around the legality of the tax and purported impact on communication. In this chapter, I also analyze how this tax may affect the effective role of communication in democratic participation and eastafricanization, to which I now turn.

Copyright © 2020. Lexington Books. All rights reserved.

OTT, EASTAFRICANIZATION, AND POPULAR PARTICIPATION One of the major obstacles to eastafricanization and popular participation in the EAC region appears to stem from the pursuit of divergent policy goals or democratic processes. Eastafricanization is making citizens feel belonging to the EAC despite the sovereignty of their own countries. As already seen by the nature of the legal and regulatory framework for media in Uganda compared to Kenya and Tanzania, for example, there are various levels of appreciation for media freedom and practice. The potential to affect the role of communication is huge. This section focuses on the case of Uganda’s social media tax, OTT. I examine how Uganda has obliged to the rights to freedom of expression from the legal framework in place, and how these laws have been protected or violated particularly discussing the current social Media restrictions. The questions raised with regard to OTT are (i) Was the social media tax an attempt by the Ugandan government to widen its narrow tax base? Or (ii) Was it a calculated move to control and close the space for freedom of expression in an already shrinking democratic space? To answer these questions, I examine the potential impact of the tax.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Uganda Citizens’ Sovereignty and the EAC Nexus

337

Copyright © 2020. Lexington Books. All rights reserved.

THE LEGALITY OF THE OVER TOP SERVICES TAX AND ITS RATIONALE While it can be argued that the OTT tax is unjustifable by virtue of Article 29 of the Constitution that guarantees freedom of the press and other media, the real test of its legality is whether it falls within the limitations provided for under Article 43 of the Constitution. But to arrive at this, the rationale of taxation in Uganda has to be understood. Article 153 of the Constitution establishes a consolidated fund into which shall be paid all revenues or other monies raised or received for the purpose of, or on behalf of, or in trust for the government. Taxes form a great part of this consolidated fund, which is spent on public interest. Section 4 of the Public Finance Management Act sets out the principles to be applied while managing public fnance. The tax from government’s perspective was redistributive although some sections of the public challenged the redistributive argument, claiming it amounted to double taxation, since Ugandans already pay tax on the data bundles, they buy in order to access social media services. However, while the social media tax seems to interfere and restrict the right to freedom of expression, the revenue collected is presumed shall be applied to matters of public interest under the National Development Plan, which implies therefore, that it meets the limitations under Article 43 of the Constitution. The problem though is that there is no guarantee such revenue will be ploughed back into the development of internet infrastructure. The OTT also begs the question of whether the tax violates international right to Internet (Right to Broadband) and collective aspiration for information driven economies in the region. In 2016, the United Nations Human Rights Council released a nonbinding resolution condemning intentional disruption of internet access by governments. The resolution reaffrmed that “the same rights people have offine must also be protected online.” Recent practice of the UN Treaty-based bodies indicates growing interest in ensuring access to the Internet. It is worth noting that the International right to Freedom to access Internet is not a legally binding resolution, it is a directive to states to make Internet available in their countries but to also desist from blocking access to Internet. The social media tax in Uganda is directed to only Over the Top Services, leaving access to Internet unrestricted. The president while proposing tax on some online services was conscious of the right to Internet access, thus exemption of Internet use for educational, research, or reference purposes, which remained free. However, the president was under a false notion that research only happens on search engines yet some group chats are set up for the very purpose of research especially among academics. The question is

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

338

Emilly Comfort Maractho

whether such a tax would facilitate or frustrate online communication particularly in this era of globalization. It is argued that one of the most visible features of neoliberal media policy concerns deregulation, the desire to reduce the role of, or remove entirely, the state from the regulation of media industries that ought to be controlled through the creative and dynamic play of market forces. (Freedman 2008, 47–48)

Copyright © 2020. Lexington Books. All rights reserved.

It may seem that Uganda is increasing rather than reducing regulation, which affects communication. Though Uganda has made great technological strides in recent years, the country still faces a number of challenges in obtaining affordable, reliable Internet bandwidth. This rather than a formal government-sponsored fltering regime is the major obstacle to Internet access. In light of the above, the Over the Top Services Tax is not a violation of the right to Internet since access to Internet has not been blocked. However, the spirit behind the Excise Duty (Amendment) Act remains suspicious. While the action of the government to tax over the top services users may be legal, it was not passed in good faith. The spirit of the tax shows that the president intended to interfere and restrict the opinions of users of these services under the guise of revenue collection for the country, thus contradicting the submission that the intention is to reduce reliance on donors. Moreover, the same law makers who swiftly imposed the OTT in order to raise fnances for the state locally, had just exempted their allowances from tax levies. In 2016, the Ugandan Parliament passed the Income Tax Amendment Bill 2016 to exempt their allowances from taxation which means Shs 41.8bn is foregone annually, something that is crippling concerted efforts to widen and deepen the tax base already (New Vision, April 18 2016). OTT AND THE SOCIAL IMPACT ON CITIZENS AND POPULAR PARTICIPATION Various groups reacted to the tax differently, with some youth challenging it or boycotting it. Many youths in the country resorted to the use of Virtual Private Network (VPN) either because (a) they cannot afford the UGX 200 per day; or (b) as an act of defance against a tax that they perceive as unjustifable and unfair. Asked how far they have reached in regard to blocking VPN usage, Mr. Abdul Waiswa, the Uganda Communication Commission legal counsel, acknowledged diffculty in blocking VPN as other new ones were created (Daily Monitor, Wednesday, November 7, 2018). Ugandans have used VPNs to access blocked sites. The apps were frst used when government switched off social media platforms during the 2016 general elections.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Uganda Citizens’ Sovereignty and the EAC Nexus

339

The impact of the OTT (Social Media) tax on the Telecoms was a little more dramatic. Telecoms registered huge loses as social media taxes began to bite, many Ugandans did not buy bundles knowing that they would not be able to access social media if they had not paid the OTT (UGX 200). Social media is the main reason many youth load Internet at all on their smart phones, as they can use social media to communicate with their academic instructors through WhatsApp chats. One student from Makerere University, after storming Parliament to protest against the tax said they had no income and used services such as WhatsApp to communicate with their course tutors (The Insider July 2, 2018). Most citizens especially those living in rural areas cannot afford the high rates of bandwith, therefore, most of the Internet population is connected through private operators on their smart phones. These include MTN, Airtel, Uganda Telecom, Africell, among others. More recent information indicates that there was a drop in Internet usage in Uganda after the tax. The impact of the OTT (social media) tax on the government was unexpected. While the government can brag about collecting UGX 20.5 billion in the frst quarter of this tax levy, it lost some popularity with the imposition of this tax (Daily Monitor, November 7, 2018). The government faced criticisms both locally and internationally over this tax, it also received an all down low opinion ratings from social media users. The popularity of the ruling party suffered one of the worst aversions in the recent times. The Ugandans who can still afford the tax have used the social media platforms to air their dislikes and frustrations for the government. The social media tax also removed free universal access to information, which is a pillar of any democracy. Angry Ugandans have turned to social media to complain about the new tax, and two men stormed the country’s parliament in protest before being arrested (The New Vision, 13 September 2018). A July 2018 survey by Whitehead Communications indicates a sharp drop in Social Media and Mobile Money usage in Uganda. It reported that at least 85 percent of the respondents hadn’t used social media since the tax came into effect (The New Vision, September 13, 2018). This deprivation to cheap, fast, and effective communication led most Ugandans to resist the tax. Uganda’s actions appear to deviate from those of the region that are actively expanding Internet penetration like Rwanda and Kenya, also aggravating the obstacles to ease of doing business within Uganda. WHY OVER THE TOP SERVICES TAX HAS FACED CONSIDERABLE RESISTANCE Social Media is the cheapest technology for communication that has ever been created so far. It is ideal for a country like Uganda where most citizens

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

340

Emilly Comfort Maractho

are poor. The OTT tax it was feared would choke most, poor Ugandans fnancially and push them out of communication. Ugandans were further infuriated by the impression government created that the tax is very small, at 200 shillings (50 cents). Given the president’s communications regarding social media and how he wants to tax it, Ugandans perceived the OTT tax as a political move to block citizens from freely sharing knowledge on the dire state of the country, thus limiting popular participation. Some Ugandans especially celebrities and human rights activists took to the streets to denounce this tax. One notable such demonstration was held in Kampala with slogans like “This tax must go.” Human rights activists called upon the state to stop suppressing people with such laws. The mode of payment stipulated by the Uganda Communications Commission is through Mobile Money, a huge inconvenience for visitors to Uganda and citizens who do not use mobile money. Although this mode of collection does not meet the defnition of double taxation, in practice it amounts to taxing the same item twice. Ugandans questioned why they have to pay Mobile Money Tax in the process of paying another tax, and why they are not given different options of payment of this tax. The mode of payment itself became oppressive. Government has since promised to review it following continued drop in Internet as some citizens have opted to take the matter to court. The passing of the Social Media Tax is a sign of an eroded democracy in a country where the citizen participation is growing lukewarm and popular participation regressing. The democratization of Uganda has raised questions of legitimacy. The laws are also tailored to suit and further fortify a government whose popularity is being questioned on different expression platforms via social media; these actions in themselves abrogate the very Constitution that establishes the positions of the perpetrators. Such are the dangers of absolute executive powers in any given country, compounded by the prolonged stay in power by a party or individual. Kayum Ahmed (CEO South African Human Rights Commission) suggests that (2015) In most cases, social media serves as a powerful tool for bringing people together and for bridging the critical fault lines in our society. We must therefore safeguard this important space for critical debate and refection while recognising the limitations set out in the constitution (South Africa). (Cited in Rodny-Gumede 2017, 295)

Social media provided energies in form of power, creativity, and possibilities for Ugandans to participate in democratization and popular participation but also as citizens of the EAC. The control or excessive regulation of means of communication further limits the ability of citizens to interact with the larger community.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Uganda Citizens’ Sovereignty and the EAC Nexus

341

Copyright © 2020. Lexington Books. All rights reserved.

CONCLUSION: TOWARD A SUSTAINABLE COMMUNICATION STRATEGY FOR UGANDA There are huge implications for the EAC citizen sovereignty and belonging by Ugandans to the EAC regional integration. Many activities are ongoing, but not many Ugandans are aware of them, this limiting their ownership and identity with the EAC. As the EAC marks twenty years of existence, there are questions on what is to be celebrated and how much Uganda has beneftted from it in line with the themes of this volume such as democratization, eastafricanization and eastafricanness, and integration. The frst conclusion that can be drawn is that there is very limited awareness of developments in the EAC as a result of not much being done by the Ugandan MEACA to communicate those activities and sensitize citizen on how they can beneft. Second, also critical is the fact that communication has played a very limited role in deepening integration as messages to the audience remains minimal, often limited to the episodic moments when some activities are taking place or correspondents report on dialogue during sessions in the various member states. Very little on events at the secretariat is reported in Uganda, although television tends to highlight key issues in the EAC legislative sittings. Third, the absence of a communication policy and strategy in Uganda has led to misplaced efforts in communication as Magoba (2017) suggests is the case, limiting the impact of communication that is not audience specifc. Fourth, the restrictive media environment in Uganda using unfavorable laws to limit the space for communication affects the effciency in creating awareness, as more editorial space is devoted to politics, justice, law, and order while shrinking the space for democratization. The only meaningful communication on matters of the community as a whole remains the East African Newspaper, which is expensive and read by a few sections of Ugandans targeting the elite. The pursuit of divergent policy goals resulting into different media and communication environments limit the role of communication and the potential for eastafricanness. It is important that Uganda adopts an effective communication policy and strategy around the EAC to ensure that many Ugandans take interest in the cooperation and also to counter many of the perceptions that it is impossible for Ugandans to beneft from this process, as the cooperation appears to favor Kenyans and other citizens more. As a media watcher, there is incredibly limited content on the EAC which needs to change through a partnership between government and the media. Also key is the review of Uganda’s regulatory framework for communication, particularly the social media tax and mechanisms of regulation including how institutions such as UCC exercise their power.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

342

Emilly Comfort Maractho

Attempts to pursue fairly consistent and cooperative policy goals need to be harnessed particularly in the front of democratization and rule of law. This can minimize unnecessary mistrust and aggression between some Partner States. For meaningful efforts toward widening and deepening integration needs to be placed in effective communication. Only then, can the eastafricanization and eastafricanness be a reality for citizens of the EAC.

Copyright © 2020. Lexington Books. All rights reserved.

REFERENCES Chibita, Monica. 2010. The Evolution of Media Policy in Uganda. African Communication Research, 3, no. 1: 85–120. Chibita, B. Monica and Ugangu, Wilson. 2017. Social Media Policy in Africa. In Social (New) Media and Mediated Communication Today, edited by Pieter J. Fourie, 235–265. Cape Town: Juta. Craig, T. Robert. 1999. Communication Theory as a Field. Communication Theory, 9, no. 2: 119–161. Ferlinger, L. Gunilla. 1991. Press Freedom in Africa. New York: Praeger. Freedman, Des. 2008. The Politics of Media Policy. Cambridge: Polity Press. Gallagher, Margaret. 1979. The Portrayal and Participation of Women in the Media. Paris: UNESCO. Gilboa, Etyang. 2005. The CNN Effect: The Search for a Communication Theory of International Relations. Political Communication, 22: 27–44. GoU. 1995. Uganda Constitution. Entebbe: Government Printery. GoU. 1996. Electronic Media Act. Entebbe: Government Printery. GoU. 1997. Uganda Communications Act. Entebbe: Government Printery. GoU. 2013. The Uganda Communications Act. Entebbe: Government Printery. GoU. 2016. Income Tax Amendment Bill. Entebbe: Government Printery. GoU. 2018. The Exercise Duty Amendment Act. Entebbe: Government Printery. Havelkova, Hannah. 1999. The Political Representation of Women in Mass Media Discourse in the Chech Republic 1990–1998. Czech Sociological Review, 7, no. 2: 145–165. Kaija, Barbara. 2013. Uganda: Women Near Parity but Still Leaving Newsrooms. In The Palgrave International Handbook of Women and Journalism, edited by Carolyn M. Byerly, 315–329. London: Palgrave Macmillan UK. Livingstone, Sylvia and Lunt, Peter. 1994. Audience Participation and Public Debate. London: Routledge. Magoba, Chris. 2017. Challenges in Communicating East African Community Integration: A Case Study of the Ministry of East African Affairs, Uganda. MA Thesis. Kampala: Makerere University. Mann, Patricia. 1990. Unifying Discourse: City College as a Post-modern Public Sphere. Social Text, 25/26: 81–102. Maractho, Emilly Comfort. 2014. Do Legal and Policy Frameworks Facilitate Media Diversity and Independence? A Critical Study of Uganda. MA Thesis. Nairobi: Dayster University.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Uganda Citizens’ Sovereignty and the EAC Nexus

343

Copyright © 2020. Lexington Books. All rights reserved.

Maractho, Emilly Comfort. 2017. Mass Media, Women and Public Life in Uganda: Interrogating Representation, Interaction and Engagement. PhD Thesis. Durban: UKZN-South Africa. Mukama, Ruth. 2002. Women Making a Difference in the Media. In The Women’s Movement in Uganda: History, Challenges and Prospects, edited by Aili Mari Tripp and Joy C. Kwesiga, 146–161. Kampala: Fountain Publishers. Museveni, Y. Kaguta. 2012. State of the National Address 2012, 7 June 2012, Kampala. Mwesige, P. G. 2009. The Democratic Functions and Dysfunctions of Political Talk Radio: The Case of Uganda. Journal of African Media Studies, 1, no. 2: 221–245. Obonyo, Levi and Peel, Clayton. 2013. Media Regulation in Emerging Democracies (R. White, Ed.). African Communication Research, 5, no. 2: 139–160. Rodny-Gumede, Ylva. 2017. The Impact of Social Media on Journalism. In Social (New) Media and Mediated Communication Today, edited by Peiter J. Fourie, 267–292. Cape Town: Juta. Saeed, Saima. 2009. Negotiating Power: Community Media, Democracy, and the Public Sphere. Development in Practice, 19, nos. 4–5: 466–478. Solomu, Oreoluwa. 2007. ‘Telling Our Own Stories’: African Women Blogging for Social Change. Gender and Development, 15, no. 3: 477–489. Tamale, Sylvia. 1999. When Hens Begin to Crow: Gender and Parliamentary Politics in Uganda. Kampala: Fountain Publishers. UBOS. 2017. Statistical Abstract 2016/2017. Kampala: GoU. Uganda Media Women’s Association [UMWA]. 2016. A Gender Analysis of Print Media Coverage of 2016 Elections. Kampala: UMWA. www.umwamamafm. co.ug. Accessed November 9, 2019. United Nations. 1948. Universal Declaration of Human Rights. Geneva: UN. United Nations. 1995. Platform for Action and the Beijing Declaration: Fourth World Conference on Women. Beijing, China 4–15 September. New York: UN.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Conclusion and Recommendations Toward Eastafricanness and Eastafricanization Epistemological Debate

Copyright © 2020. Lexington Books. All rights reserved.

Korwa Gombe Adar, Kasaija Phillip Apuuli, Agnes Lucy Lando, PLO-Lumumba, and Juliana Masabo

This volume set out to interrogate the issues of citizen’s sovereignty, popular participation, democratization, eastafricanness, and eastafricanization of the East African Community (EAC). The roots of the East African integration can be found in the commencement of the construction of the Uganda Railways in the late 1890s (see Okoth chapter 1; Lumumba chapter 9; Mulyanyuma chapter 7). In chapter 9, Lumumba, on the other hand, locates the origins of the integration efforts in the region in the precolonial period. Since then, East African integration has grown in leaps and bounds. Between 1900 and 1977, the EAC became one of the most successful models of integration on the globe (Khadiagala 2016). Nevertheless, one of the main features of this EAC integration project since the decolonization period is that it has been a “topdown” integration process. States and their leaders were at the center of the integration process and not the people of East Africa (Adar 2018, 2014). This partly explains why the integration experiment collapsed in 1977 (Kaburu and Adar chapter 3; Check chapter 4; Minde chapter 6). Put simply, the EAC I of 1967–1977 was not anchored on the citizens of East Africa but on leaders, which meant that when disagreements cropped out between the leaders, the integration arrangement was by implication directly affected culminating into the collapse of the EAC I. At the revival of the EAC II integration experiment in the early 1990s, it was recognized that the process must be centered on the people for it to last, culminating into the incorporation of the people-centred and market-driven conceptions in the EAC II Treaty (Kaburu and Adar chapter 3; Wawa chapter 5; Mulyanyuma chapter 7). These conceptions have infuenced the ongoing epistemological debates about the EAC integration process. The Treaty of the 345

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

346

Korwa Gombe Adar et al.

EAC II (1999) (as amended) explicitly states that the EAC would be peoplecentered and market-driven (Article 7(1) (a)). However, the Treaty does not spell out the modalities of citizenry participation in the integration process (Lumumba chapter 9; Masabo and Protas chapter 11; Kasaija chapter 12). Burimaso (chapter 2) for example, observes that in Burundi there is minimal evidence of citizenry participation in the integration process. The conventional conceptual understanding is that the EAC integration process would be “bottom-up,” with the people as the anchors. Nevertheless, as several contributions in this volume have shown, the notion of “people-centeredness” has been more of rhetoric than reality (Burimaso chapter 2; Kaburu and Adar chapter 3; Mangu chapter 10). The reality is that the people of East Africa have played a marginal role in the integration process. As the editors’ note in the Introduction to this volume, the growing trend toward East African integration is at the state-cum-regional level. The bureaucrats and elites continue to hold sway in matters of EAC integration (Mulyanyuma chapter 7; Okoth chapter 1). Putting it in another way, there is no genuine link between the East African citizens and the EAC II. There is hardly any input by the citizens of East Africa in the policies and decisions of the EAC rendering moot the concepts of eastafricanization and eastafricanness. This has prompted Kaburu and Adar (chapter 3) to conclude that, while the Treaty makes reference to the people, it does not explicitly explain how individual sovereigns will directly be involved in determining the nature and structure of the institutions that govern the community. The chapters in this volume therefore proceed from the premise that eastafricanization (a process whereby a change at the domestic level of a partner state in East Africa is caused by integration at the EAC regional level) and eastafricanness (a sense of belonging, ownership, attachment, and identity or feeling part of the EAC by the East African citizens) can only be achieved through direct involvement of the East Africans in the integration process. Burimaso (chapter 2) observes that in the case of Burundi-EAC nexus, the crisis of leadership and what he calls disempowered population ramifes into the regional integration agenda. A similar conclusion is reached by Minde (chapter 6) who observes that in Tanzania citizens still do not feel the sense of community and oneness in a collectivity called East Africa. EASTAFRICANNESS AND EASTAFRICANIZATION: TOWARD HUMAN AGENCY NEXUS The authors of the chapters in this volume are generally in agreement that from popular participation perspective human agency, that is, the East African citizens, the key actors have largely remained absent, passive, and

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Conclusion and Recommendations

347

dormant since the idea of integration of the region was offcially mooted by the colonialists in the 1940s. The theory of human agency, action theory (see Chen 2002; Bandura 1982, 1977; Gozli 2019; Sen 1999; Binder 2019) and the concepts thereof are outside the purview of this volume. They are used in the Conclusion of this volume mainly to bring into the debate the missing genuine link between the EAC citizens and the EAC integration process. More specifcally, it is meant to generate, stimulate, and broaden the purview of future multidisciplinary ontological and epistemological debate on this incessant anomaly in the trajectory of the EAC integration agenda. Human agency has been defned to mean the “essence of humanness refecting a person’s capacity to exercise some gauge of control over the nature and quality of his or her life” (Chen 2002, 122). In other words, agents, that is, the EAC citizens in the case of this volume, must constantly be active legitimizing and consolidating their natural order and sovereign rights in the EAC region. Cochran (1977, 28) defnes action as “an exercise of human agency, a person’s power to act.” Power to act encourages ownership and in the region would pave the way for the legitimization of eastafricanness, eastafricanization, democratization, and integration. Agency on the other hand is choice related, that is, capacity of human agency or groups to make a choice on tangible or intangible issues of interest. The concept agency has been defned to mean “what a person is free to do and achieve in pursuit of whatever goals or values he or she regards as important” (Sen 1985, 203). It is a process of freedom and opportunity freedom, that is, “combinations of functions that the person can achieve” (Sen 1992, 40). Indeed, process and opportunity in relation to popular participation in the EAC region, it can be argued, would lead to empowerment of the human agency and by implication eastafricanness identity. Issues of interest are opportunity structure-centered. Opportunity structure means “broader institutional, social, and political context of formal and informal rules and norms within which actors pursue their interests” (Samman and Santos 2009, 3). It is this nexus between the EAC citizens and the integration process which the chapter contributors have emphasized that it is needed for purposes of the enlargement of eastafricanness and easafricanization. In other words, the EAC needs to inculcate an institutional climate centered on a culture of inclusiveness, openness, and accountability and effective agency. This, in our view, has the potential of promoting eastafricanness, eastafricanization, and democratization. By incorporating the human agency in the integration process, it implies recognition of the general philosophical ground that human agents, the EAC citizens, are actors. It simply means empowering the human agency. Their actions, punctuated with inherent complexities permeate and ramify across regional integration divide. Conferring direct responsibility on the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

348

Korwa Gombe Adar et al.

EAC citizens to act would have meant empowering them and by implication would have set the stage for laying the foundation for the institutionalization and consolidation of eastafricanness and eastafricanization. The concept of empowerment means broadening “people’s freedom of choice and action to shape their own lives” (Narayan 2005, 4). It is the “process of enhancing an individual’s or group’s capacity to make effective choices, that is, to make choices and then to transform those choices into desired actions and outcomes” (Alsop, Bertelsen, and Holland 2006, 10). Where are the EAC citizens in this philosophical grounding?

Copyright © 2020. Lexington Books. All rights reserved.

EALA AND POPULAR PARTICIPATION NEXUS REVISITED: TOWARD, EASTAFRICANNESS, EASTAFRICANIZATION, DEMOCRATIZATION, AND INTEGRATION The importance attached to popular participation and its inherent potential ramifcations on the EAC integration process necessitates its further treatment in this part of the volume. In other words, the integration process should be driven by the philosophy of individual responsibility (read EAC citizens’ responsibility) to the community, that is, the East Africans in general. This philosophical thinking is consonant with the African tradition, values, and civilization. Suffce it to say, the community-centered African tradition and values if intertwined with popular participation would potentially broaden the scope of the EAC integration process and reinforce eastafricanness, eastafricanization, and democratization. Of course, we take cognizance that the process derived from such a complex and multifaceted scenario punctuated with the possibilities of centrifugal and centripetal factors will not always be unidimensional in nature. In other words, it does not mean that the outcome will always be positive. The concept of popular participation has acquired recognition and legitimacy through its entrenchment in international and regional instruments. At the international level, the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), for example, provide for the right of people to participate in political process. Article 21 (1) of the UDHR stipulates that “everyone has the right to take part in the government of his country, directly or through freely chosen representatives.” Article 21 (2) on the other hand states that “the will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage” (UN 1948). Article 25 (a) in the ICCPR instrument stipulates that “every citizen shall have the right and opportunity . . . to take part in the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Conclusion and Recommendations

349

conduct of public affairs, directly or through freely chosen representatives.” Article 25 (b) on the other hand provides, in part that “every citizen shall have the right and opportunity . . . to vote and to be elected at genuine and periodic elections which shall be by universal and equal suffrage” (UN 1966). These instruments, among others, set the ground for international regime which recognizes the importance of popular participation by the people. Attempts have also been made in Africa over the decades to put in place continental regime necessary for the promotion of the African peoples’ sovereign rights to participate in governance through popular participation in elections. The continental instruments include, among others, the 1981 African Charter on Human and Peoples’ Rights (ACHPR) also known as the Banjul Charter, the 1990 African Charter for Popular Participation in Development and Transformation (ACPPDT), and the African Charter on Democracy, Elections, and Governance (ACDEG-2007). Article 13 (1) of the Banjul Charter provides that “every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law” (OAU 1981). Even though the concept of popular participation is not explicitly defned in the ACPPDT document, the key elements enshrined therein call for, inter alia, the empowerment of the African people; development (in a holistic sense) which is human-centered; and opening up political process for the people (UNECA 1990). The 2007 ACDEG Charter elaborates on the importance of the recognition and empowerment of the African people in governance and development as a foundation for consolidating democracy. Article 4 (2) of the ACDEG stipulates that “State Parties shall recognize popular participation through universal suffrage as the inalienable right of the people” (AU 2007). As in the case of the ACPPDT instrument, the concept of popular participation is not explicitly defned in the ACDEG Charter. By developing the continental instruments, the African states recognize the importance of empowering the African people in governance through the exercise of their sovereign rights, that is, the right of popular participation in governance. Henkin (1981) would instead argue that the African states are recognizing what already exists, that is, sovereign rights and its attendant, popular participation in electoral and development process. The concept of popular participation, it can be argued, lies at the nucleus of people-centered development inscribed in the EAC Treaty. It means peoples’ involvement in decision-making process and implementation thereof. Where is the EALA in this sovereign right equation addressed by the international and African instruments? The EALA legislative authority is vested in Article 49 (3) (a–g) of the Treaty of the EAC. With specifc reference to EALA’s legislation authority, the Treaty provides, in Article 49 (b) that the Assembly “shall debate and

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

350

Korwa Gombe Adar et al.

approve the budget of the Community,” while Article 49 (c) on the other hand stipulates that the Organ shall “consider annual reports on the activities of the Community, annual audit reports of the Audit Commission and any other reports referred to it by the Council.” Article 49 (d) provides that the EALA “shall discuss all matters pertaining to the Community and make recommendations to the Council as it may deem necessary for the implementation of the treaty” (EAC 2007). The Council, one of the key organs of the Community, consists of “the Minister responsible for East African Community affairs of each Partner State; such other Minister of the Partner State as each Partner State may determine, and the Attorney General of each Partner State” [(EAC 2007, Articles 13 (a-c)]. One of the key functions of the Council is implementation of the operations of the EAC. Article 14 (2) stipulates that “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 the Treaty” (EAC 2007). The legislative powers of EALA as established by the Treaty are shared by the Summit of Heads of State or Government of the Partner States and the Council, of which it can be argued limit the legislative authority of EALA. Article 11 (6) stipulates that “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” (EAC 2007, our emphasis). In relation to the Council, while Article 14 (a) empowers the Council to “initiate and submit Bills to the Assembly,” Article 14 (e) on the other hand empowers the Council to “consider the budget of the Community” (EAC 2007). However, apart from these shared institutional responsibilities of fundamental importance for this volume is the locus or place of the human agency, the EAC citizens in relation to EALA. To put it differently, the EALA legislative authority as vested in the Treaty is not expressis verbis, particularly in relation to its derivative functions from the sovereigns (read, EAC citizens) and in this case, it can be argued, its power remains blurred. In other words, it is the EAC citizens, the human agency (the sovereigns), who are endowed with inherent responsibilities to transfer their natural sovereign rights to the EALA. This sovereign right, in practice is supposed to be exercised through elections. The exercise of sovereign rights through electoral process, that is popular participation, would lay the foundation for the institutionalization and consolidation of eastafricanness, eastafricanization, democratization, and integration. It needs to be reiterated here that we are not emphasizing that elections per se would lead to eastafricanness, eastafricanization, democratization, and integration. The volume is not about elections and their inherent complex and interlocking-related factors. The emphasis is on ownership of

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Conclusion and Recommendations

351

the integration process by the human agent, the EAC citizen (the sovereign) the natural owner of the EAC. The fundamental systemic and constitutional problem with respect to the operational and natural sovereign power of the EAC citizens is that the Treaty vests the electoral power on the National Assemblies of the Partner States. A revisit on this Treaty anomaly is necessary in this part of the volume to illuminate the structural systemic problem. Ownership, attachment, and control by the people through popular participation promote internal self-determination. In this case, the EAC citizens would actualize their eastafricanness through internal self-determination. Germanakou (2007, 2) argues that internal self-determination is centered on the empowerment mechanism for substantial and long-lasting democratic governance, offering a peaceful, secure, and equal accessible environment for all peoples. Internal self-determination is examined in this section main from the perspective of electoral rights.1 Internal self-determination entitles people to exercise their sovereign rights, that is, to “participate in decisionmaking process, which concerns the political, economic, social and cultural conditions under which they live” (Germanakou 2007, 6). In this respect, internal self-determination is related to the “entitlement to political participation” (Demir 2017, 23). People are endowed with the right to participate in, among other things, elections. This is what has been called local ownership (Demir 2017). In the context of the EAC, internal self-determination can be linked to intra-EAC relations, which can be made possible through universal adult suffrage involving the EAC citizens. As Demir (2017, 23) observes “internal self-determination . . . requires a legitimate . . . government which is participative, representative, and pluralist. In this case, the theories of democracy and internal self-determination have close relations.” This synergy between democracy and self-determination, it can be argued, brings individual and group sociocultural and econopolitical interests together in a society. It is argued here that the synergy between democracy and internal self-determination has the potential spillover effects from the Partner States level to the EAC and vice versa if popular participatory rights are entrenched in the Treaty. As it is currently prescribed, the Treaty neither provides for popular participation nor lays the ground work for the consolidation of constitutionalism within the EAC. Article 50 (1) of the Treaty, for example, empowers: the National Assembly of each Partner State . . . to elect, not from among its members, nine members of the legislative Assembly, who shall represent as much as its feasible, the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups in that Partner State, in accordance with such procedure as the National Assembly of each Partner State may determine. (EAC 2007)

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

352

Korwa Gombe Adar et al.

The centralization of the electoral process of the EALA representatives in the National Assemblies of the Partner States as provided for in the Treaty it can be argued limits the very foundation and objective of people-centered EAC integration process that is, ownership by the EAC citizens. Ownership of the EAC integration project by the EAC citizens as emphasized in this volume is conditio sine qua non. To put it differently, the Treaty does not confer popular will (choice of elections) on the EAC citizens which, in many respects, it can be argued, makes the EALA forfeits its legitimacy. In other words, the EAC citizens should be eastafricanized, that is, the integration agenda should be driven by a deliberate, clear, shared, and unifed effort based on identity. This identity will ramify reciprocally within the EAC, the Partner States and between the Partner States consolidating eastafricanness, democratization, and integration. Hogg and Abrams (1988, 2) defne the concept identity to mean “people’s concepts of who they are, of what sort of people they are, and how they relate to others.” It is the “ways in which individuals and collectivities are distinguished in their social relations with other individuals and collectivities” (Jenkins 1966, 4).2 Identity in this context knows neither socioeconomic and politicoreligious boundaries nor ethnocentric praxes. It knows neither education nor wealth and status in society. It only knows equality and rights inherent in individual sovereignty, that is, the human person, the agency as the key ontological unit endowed with inalienable rights and responsibilities. Where is the feeling of allegiance vested between the EAC citizens and the EAC? Burundians, Kenyans, Rwandese, South Sudanese, Tanzanians, and Ugandans identify with or owe allegiance to their own countries. Do the same citizens at the national level also call themselves East Africans at the regional level? What should come frst, the state, that is, allegiance to the state or the EAC (allegiance to the EAC)? One of the avenues that would have led to the consolidation of this fdelity is popular participation by the sovereigns since the decolonization period. Do the EAC citizens have concomitant steadfastness to the EAC? The chapters in this volume reveal otherwise, yet the drive for fast-tracking the EAC federation as prescribed in the Treaty began in earnest in 2004 (Adar 2008). Article 5(2) which sets out one of the key objectives of the EAC stipulates, in part that “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” (EAC 2007). The EAC Customs Union and the EAC Common Market protocols entered into force in 2006 and 2010, respectively. The EAC Monetary Union protocol was signed by the Partner States in 2013. It is yet to enter into force. A careful perusal of the Treaty indicates that the concept of popular participation is referred to only once. Article 65 stipulates in part that “in pursuance

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Conclusion and Recommendations

353

of policy of the Community of popular participation . . . the opinion of the general public in the Partner States on matters relating to the achievement on the objectives of the Community” . . . shall be “expressed through the elected members of their National Assemblies and those of the Assembly” (EAC 2007—our emphasis). It is not clear how the concept popular participation reticulates with the Assembly (EALA) as the electoral process of its members is currently constituted in the Treaty [(see Article 50 (1)]. As in the case of the concept of people-centered which is enshrined in the Treaty Articles 5(3) (d) and 7(a) (EAC 2007), popular participation lacks meaningful operational clarity. The two concepts, that is, popular participation and people-centered are not even included in Article 1, the Interpretation (the preambulatory or operational clauses) section of the Treaty reinforcing the insignifcance attached to them in the EAC integration agenda. The existence of EALA as a legislative body, it can be argued, is not synonymous with popular participation and its corollary participatory democracy. The power of the citizens or ordinary people (Dahl 1998, 3) in this case the EAC citizens must remain sacrosanct. A document that deals with popular participation, with special emphasis and reference to sensitization of East African nonstate actors was concluded by the EAC in 2012 (EAC 2012). However, the document does not deal specifcally with the issue of the sovereign rights of the EAC citizens in relation to direct electoral process. The continued lack of what can be called triadic reciprocal causation in the EAC integration process negates the very central objective of the EAC integration agenda.3 Personal agency according to Bandura (2001, 5) refers to an individual’s ability to “designedly conceive unique events and different novel causes of action . . . to execute them.” Each individual guides his or her behavior within the environment. Bandura (2008, 2001, 1986) also argues that individuals operate in a complex and collective environment or what he calls collective agency. To achieve a desired end an individual agency engages in collective efforts to achieve desired goals and outputs through interdependence prevailing within the environment. In the EAC context, popular participation driven by inner feelings of the citizens would empower them to achieve desired outcomes through EALA in the prevailing interdependent EAC environment. In other words, it is only through a clear and explicit genuine link in the context of the EAC citizens– EALA–EAC integration process that durability of the triadic reciprocal causation can tangibly be institutionalized and consolidated erga omnes (toward all) in terms of ownership, that is, in relation to the EAC citizens (the human agency), the EALA, and the EAC. This relationship is neither unidimensional nor does it mean that each ontological unit, the agency, has to have equal power. Similarly, the EALA as well as the EAC as agencies on their own rights would also have impact on each other as well as on the human agency

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

354

Korwa Gombe Adar et al.

in this complex interdependence in the subsystem.4 The key to understand and contextualize is the reciprocal ramifcations inherent in the process. The EALA as well as the EAC would have impact on the EAC citizens. It is imperative to reiterate even with the danger of being repetitive that in the context of the triadic reciprocal causation by Bandura (2001, 1986) the citizens must feel the EAC; they must believe in it; they must participate in it; and it (the EAC) must affect them. In such a genuine link, the Lockean and Roussean philosophical conceptions of social contracts between the EAC citizens and the EAC will be consolidated. Again, we take cognizance that such a process will not always yield positive results. A more detailed study linking Badura’s model with the EAC integration project is needed. The practice of taking the EAC to the people by way of holding EALA meetings alternately in the Partner States does not, in our considered opinion, adequately meet the criteria envisaged in the triadic reciprocal causation because it is largely an elite-driven systemic process.5 The citizens need to be eastafricanized which by implication would pave the way for the enlargement of eastafricanness, democratization, and integration. Where is the EAC? This is one of the questions the ordinary EAC citizens have been asking since the idea was mooted by the colonialists. Suffce it to say this triadic reciprocal causation if realized, it can be argued, would possibly have positive holistic ramifcations on eastafricanness, eastafricanization, democratization, and integration. Without expressis verbis constitutional (Treaty) linkage of the EAC citizens’ through popular participation to the integration process simply means a continuation of institutional dereliction reminiscent of the colonial and postindependence trajectories associated with the EAC integration agenda. In addition, the concepts of integration, democratization, eastafricanization, and eastafricanness would have been promoted if the EAC Treaty and its numerous annexes and protocols had explicitly entrenched the concept of “EAC-Citizenship” (Protas and Masabo chapter 11). While the constitutions of each of the Partner States provide for national citizenship, the EAC Treaty is silent on EAC citizenship. There is no “EAC-Citizenship” status (chapter 11). Thus, this omission affects the whole idea of citizens’ sovereignty. Protas and Masabo (chapter 11) conclude that it makes the citizens in all the Partner States not feel as part of a bigger EAC, but as ordinary members of their own individual countries. As Kaburu and Adar (chapter 3) argue Kenyan representatives to EALA are just but nominees of existing political parties, most of which lack internal democracy, sustained ideology, and national representation as some of the basic components of a political party. In relation to the Kenyan Constitution, Lumumba (chapter 9) observes that “the Community would always be subject to municipal law, and by extension, domestic politics.” Mangu (chapter 10) makes a similar observation in relation to the

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Conclusion and Recommendations

355

Constitution of Rwanda. In relation to participation, Senene (chapter 8) reiterates that Burundian citizens are deprived of their rights to take a direct part in the development of the laws of the community. As succinctly argued by most of the chapter contributors in this volume in many of the Partner States there is limited awareness of the EAC integration process rendering the idea of citizens’ participation and people-centeredness remote. Lando and Nguru (chapter 14) suggest that broadening the scope of awareness should take a bottom-up process through educational systems which are EAC integration focused as well as developing curricular and training that promote awareness. Access to information as Maractho (chapter 18) argues is key for citizens to ably participate in the integration process. According to Mugezi (chapter 15) access to information and awareness by citizens are the foundation to ownership of the EAC integration agenda. Mugenzi (chapter 15) and Bigirimana (chapter 13) opine that in Rwanda and Burundi this citizens-EAC linkage remains a challenge. Similarly Wawa (chapter 5 and Gogonya (chapter 16) observe that the perpetual internal confict in South Sudan remains a hindrance to meaningful promotion of the EAC agenda in the country. Further, the notion of eastafricanization cannot be promoted because of the structural weaknesses within the EAC integration process. The secretariat of the EAC is tasked with monitoring the implementation of the organization’s decisions in the Partner States. But as it has been observed, the Secretariat has limited legal executive authority to enforce the implementation of Community programmes (Apuuli 2010). Moreover, decisions agreed on at the regional level are not disseminated on time at the national level for implementation. It should be reiterated in this volume that, political parties in EAC region are not known to have internal democracy, with the majority of the Partner States currently (2019) governed by single dominant political parties as is the case in Burundi-National Council for the Defence of Democracy-Forces for the Defence of Democracy (CNDD-FDD), Rwanda-Rwandan Patriotic Front (RPF), South Sudan-Sudan People’s Liberation Movement (SPLM), Tanzania-Chama Chama Mapenduzi (Kiswahili for Party of the RevolutionCCM), and Uganda-National Resistance Movement (NRM). Kenya seems to be an outlier in this regard. In some Partner States, the governing party chairman designates the EALA members without holding elections, as was the case in South Sudan (chapter 5). However, as Wawa (chapter 5) notes the EACJ ruled against President Salva Kiir’s EALA list forcing South Sudan to comply with the court’s decision by conforming to the EAC Treaty electoral rules and in this case, it can be argued, promoting eastafricanization. In the end, there is no direct linkage between the members representing Partner States in EALA and the electorate in the context of representative democracy.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

356

Korwa Gombe Adar et al.

Moreover, EALA’s legislative process and products are not known to the citizens of the Partner States. On a positive note, one of the organs of the EAC that has tried to promote popular participation is the East African Court of Justice (EACJ). The EACJ is the body that adjudicates disputes with regard to the interpretation of the EAC laws. The court received its frst case in 2005 and since then has rendered decisions in several references and applications by implication gradually consolidating eastafricanization in the region. The Council of Ministers has also sought advice from the court (Apuuli 2010). As at March 2017, the court had issued sixty-two judgments, ffty other rulings, twenty taxation rulings, and two advisory opinions (Apiko 2017). The court has taken steps to conduct public outreach by opening subregistries in the Partner States, where citizens can fle their disputes (Apiko 2017). Accordingly, Protas and Masabo (chapter 11) observe that, the EACJ is accessible to the citizens of the Partner States, a fact that enhances EAC citizens’ empowerment. While the court has still not been granted jurisdiction in matters of human rights, it has hitherto generally interpreted its mandate robustly and has thus developed jurisprudence in which it has used the Treaty to adjudicate over cases that have human rights issues (Apiko 2017). Having established the challenges facing the operationalization of the concepts of eastafricanness, eastafricanization, popular participation, and democratization in the EAC integration agenda, a number of recommendations which, in our view, would enhance a more democratic regional integration process are suggested and it is envisaged that they will generate future debate. Our suggestions are not exhaustive but indicative of the prevailing EAC integration trajectory since the colonial days.

Copyright © 2020. Lexington Books. All rights reserved.

RECOMMENDATIONS: ISSUES RAISED IN THE CHAPTERS To effectively actualize citizen-centered EAC integration as articulated in the EAC Development Strategy (2017) and EAC Treaty (2007), there is need to reconsider citizens as active partners in regional integration by putting in place mechanisms for their effective citizen representation and participation beyond EALA to include Civil Society Organizations as provided for in article 127(4) of the EAC Treaty (2007). Broadening representation and participation will contribute toward centering EAC regional integration on aspirations and expectations of all categories of EAC citizens, that is to say it will promote eastafricanness in the region. Such an endeavor will be in tandem with Article 121(a) and 127(4) of the EAC Treaty (2007).

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Conclusion and Recommendations

357

EAC Organs, Institutions, and Ministries with EAC Regional Integration in its remit need to generate views of the EAC citizens; issues, concerns, and expectations from EAC Regional Integration and integrate them into highlevel policy discussions in the EAC Council of Ministers and Summits. This approach we argue will not only inform policy discussions, but contribute in the actualization of citizen-centered EAC Regional Integration Agenda as aptly articulated in Article 7(a) of the EAC Treaty (2007). This view was also reinforced by the perspective of the chairperson of the EAC Summit, Rwanda’s President Paul Kagame: “we really need to take the ideals of the EAC to the people. They need to buy in, they need to understand it and own it, so that it is not just leaders talking about it,” Daily Monitor, Monday, February 18, 2019. As the analysis in this chapter has indicated, citizen awareness is foundational to the success and sustainability of EAC regional integration. In view of this, the Partner States need to develop and implement strategic communication strategies to mobilize their citizens. We believe this will not only promote the development and consolidation of the EAC citizen’s interests in integration issues but will also appraise and familiarize them with emerging opportunities and benefts of EAC regional integration agenda. It is our considered opinion that an informed citizenry, that is, if the EAC citizens are eastafricanized they will not only take advantage of EAC regional integration process but will make the work of the Summit, the Council, the EALA, and the EACJ functionally attainable.

Copyright © 2020. Lexington Books. All rights reserved.

SPECIFIC RECOMMENDATIONS These specifc recommendations drawn largely from the views expressed in the chapters are not exhaustive but are included herein to encourage and stimulate further ontological and epistemological debate on the EAC integration agenda. First, the concept of EAC citizen which has consistently been omitted in the integration project since the 1960s should explicitly be inscribed in the Treaty and defned in the Preamble. The integration agenda is about the people of East Africa and to that extent alone the inclusion of the concept is conditio sine qua non and which by implication would have the potential that would lay the foundation for eastafricanness, eastafricanization, democratization, and integration. Second, there is a need to amend the EAC Treaty (1999) to provide for a defnition of what constitutes “people-centeredness” because as currently stated, the concept is very ambiguous.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

358

Korwa Gombe Adar et al.

Third, as soon as possible, the EALA representatives should be elected by universal adult suffrage. This would ensure that the people exercise their sovereign rights over the EAC, which by implication would promote the durability, survival, and legitimization of the EAC. This would enhance the integration agenda and lay the foundation for the institutionalization and consolidation of eastafricanness, eastafricanization, democratization, and integration. Fourth, the Partner States should enter into an arrangement with, among others, educational institutions and local communities to increase levels of awareness and commitment geared toward the promotion of the EAC integration agenda. Fifth, an offce which is directly responsible for integration agenda should be established within the EAC institutional structures as well as in the Partner States’ levels. It is our considered opinion that this will lay the ground work for fast-tracking the EAC Political Federation, one of the key objectives of the EAC integration agenda. Sixth, the EAC secretariat should develop its own regional media outlets, for example, radio station(s) and newspaper(s) to raise awareness among the population of the Partner States on the EAC integration agenda. Seventh, the EAC secretariat should intensify the use of new media (especially social) to raise awareness on the EAC’s integration agenda. Eighth, the EAC secretariat should package its messages and programs in local languages so as to reach the local East African citizenry.

Copyright © 2020. Lexington Books. All rights reserved.

NOTES 1. There are competing interpretations of the concept of internal self-determination. For details on these competing views on internal self-determination and self-determination in general see, for example, Thurer, Daniel and Burri, Thomas. 2019. Self-Determination. Oxford: Oxford University Press; Cassese, Antonio. 1995. Self-Determination of Peoples-A Legal Appraisal. Cambridge: Cambridge University Press; and Castellino, Joshua. 2000. International Law and Self-Determination. London: Martinus Nijhoff. 2. On the concept of identity, see also Bloom, William. 1990. Personal Identity, National Identity, and International Relations. Cambridge: Cambridge University Press; Deng, Francis M. 1995. War of Visions: Confict of Identities in Sudan. Washington: Brookings; and Fukuyuma, Francis. 2018. Identity: The Demand for Dignity and the Politics of Resentment. New York: Farrar, Straus and Giroux. 3. Triadic reciprocal causation is a complex process which is outside the scope of this study. Further research is needed relating to the concept to the EAC integration agenda. For details on the meaning of triadic reciprocal causation and triadic reciprocal determinism see, for example, Bandura, A. 1986. Social Foundation of Thought

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Conclusion and Recommendations

359

and Action: A Social Cognitive Theory. Englewood Cliffs, NJ: Prentice-Hall; and Bandura, A. 1977. Social Learning Theory. Englewood Cliffs, NJ: Prentice-Hall. 4. For analysis of the theory of complex interdependence in the global context, see Keohane, Rober O. and Nye, Joseph S. 1977. Power and Interdependence: World Politics in Transition. Boston: Little, Brown & Co. 5. On the concept of taking the EALA to the people see, for example, Adar, Korwa Gombe. 2018. Sovereignty of East Africans in the Balance: The Role of East African Legislative Assembly and the Integration Process of the EAC. In Building Regionalism from Below: The Role of Parliaments and Civil Society in Regional Integration in Africa, edited by Korwa Gombe Adar, Giovanni Finizio, and Angela Meyer, 65–89. Brussels: P.I.E. Peter Lang; and Adar, Korwa Gombe. 2008a. “Fast Tracking East African Political Federation: The Role and Limitations of the East African Legislative Assembly,” Africa Insight, vol. 37, no. 4: 76–97.

Copyright © 2020. Lexington Books. All rights reserved.

REFERENCES Adar, Korwa Gombe. 2018. “Sovereignty of East Africans in the Balance: The Role of East African Legislative Assembly and the Integration Process of the EAC.” In Building Regionalism from Below: The Role of Parliaments and Civil Society in Regional Integration in Africa, edited by Korwa Gombe Adar, Giovanni Finizio, and Angela Meyer, 65–89. Brussels: P.I.E. Peter Lang. Adar, Korwa Gombe. 2014. “East African Community.” In The Democratization of International Institutions: First International Democracy Report, edited by Lucio Levi, Giovanni Finizio, and Nicola Vallinoto, 230–241. London: Routledge. Adar, Korwa G. 2008. “Federalism and National Consultative Committees: Challenges and Prospects Towards East African Integration.” African Journal of Development Studies, vol. 1, no. 15: 53–73. Adar, Korwa Gombe. 2008a. “Fast Tracking East African Political Federation: The Role and Limitations of the East African Legislative Assembly.” Africa Insight, vol. 37, No. 4: 76–97. Alsop, R., Bertelsen, M., and Holland, J. 2005. Empowerment in Practice From Analysis to Implementation. Washington, DC: The World Bank. Apiko, P. March 2017. “Understanding The East African Court of Justice: The Hard Road to Independent Institutions and Human Rights Jurisdiction.” European Centre for Development Policy Management (ECDPM), Brussels. Apuuli, K. P. 2010. “Assessment of Institutional Development in the East African Community (EAC): 2001–2009.” In A Region in Transition: Towards a New Integration Agenda in East Africa, edited by Rok Ajulu, 99–133. Midrand: Institute for Global Dialogue. Bandura, Albert. 2008. “An Agentic Perspective on Positive Psychology.” In Positive Psychology: Exploring the Best in People. Vol. 1. Discovering Human Strength, edited by S. J. Lopez, 167–196. Westport, CT: Praeger Publishers. Bandura, Albert. 2001. “Social Cognitive Theory: An Agentic Perspective.” Annual Review of Psychology, vol. 52, no. 1: 1–26.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

360

Korwa Gombe Adar et al.

Bandura, Albert. 1982. “Self-Effcacy Theory in Human Agency.” American Psychologist, vol. 37, no. 1: 122–147. Bandura, A. 1986. Social Foundation of Thought and Action: A Social Cognitive Theory. Englewood Cliffs, NJ: Prentice-Hall. Bandura, A. 1977. Social Learning Theory. Englewood Cliffs, NJ: Prentice-Hall. Binder, Constanze. 2019. Agency, Freedom and Choice. New York: Springer. Bloom, William. 1990. Personal Identity, National Identity, and International Relations. Cambridge: Cambridge University Press. Cassese, Antonio. 1995. Self-Determination of Peoples-A Legal Appraisal. Cambridge: Cambridge University Press. Castellino, Joshua. 2000. International Law and Self-Determination. London: Martinus Nijhoff. Chen, Charles P. 2002. “Integrating Action Theory and Human Agency.” Canadian Journal of Counselling, vol. 36, no. 2: 121–135. Cochran, L. 1977. Career Counseling: A Narrative Approach. Thousand Oaks, CA: Sage Publications. Demir, Ebru. 2017. “The Right to Internal Self-Determination in Peacebuilding Processes: A Reinterpretation of the Concept of Local Ownership from a Legal Perspective.” The Age of Human Rights Journal, vol. 8: 18–48. Deng, Francis M. 1995. War of Visions: Confict of Identities in Sudan. Washington: Brookings. Dahl, Robert A. 1998. On Democracy. New Haven: Yale University Press. East African Community Secretariat. 2012. Strengthening Popular Participation in the East African Community. Arusha: EAC Secretaria. East African Community Secretariat. 2007. Treaty for the Establishment of the East African Community (As Amended on 14 December 2006 and 20 August 2007). Arusha: East African Community Secretariat. Fukuyuma, Francis. 2018. Identity: The Demand for Dignity and the Politics of Resentment. New York: Farrar, Straus and Giroux. Germanakou, Vasiliki. 2007. “Substantiating the Right to Democratic Governance: Internal Self-Determination as a Means of Empowerment.” www.l​se.ac​ .uk/h​umanR​ights​/abou​tUS/a​rticl​esAnd​trans​cript​s/Con​feren​ce07_​Germa​nkou.​pdf. Accessed 8 December, 2019. Gozli, Davood. 2019. Experimental Psychology and Human Agency. New York: Springer. Henkin, Louis. 1981. The International Bill of Rights: The Covenant on Civil and Political Rights. New York: Columbia University Press. Hogg, Michael and Abrams, Domini. 1988. Social Identifcations: A Social Psychology of Intergroup Relations and Group Processes. London: Routledge. Jenkins, Richard. 1996. Social Identity. London: Routledge. Keohane, Rober O. and Nye, Joseph S. 1977. Power and Interdependence: World Politics in Transition. Boston: Little, Brown & Co. Khadiagala, G. M. 2016. “Region-building in Eastern Africa.” In Region-Building in Africa: Political and Economic Challenges, edited by Daniel H. Levine and Dawn Nager, 175–190. Basingstoke: Palgrave Macmillan.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Conclusion and Recommendations

361

Copyright © 2020. Lexington Books. All rights reserved.

Narayan, D. 2005. Measuring Empowerment: Cross Disciplinary Perspectives. Washington, DC: The World Bank. Organization of African Unity. 1981. African Charter on Human and Peoples’ Rights. OAU. Doc. CAB/LEG/67/3/Rev. 5. Addis Ababa: OAU. Samman, Emma and Santos, Maria E. 2009. Agency and Empowerment: A Review of Concepts, Indicators and Empirical Evidence. http:​//www​.emma​+samm​a+and​ maria​+emma​+sant​os%2C​tagen​cy+an​d+emp​owerm​ent.p​df. Accessed 18 November, 2019. Sen, A. K. 1999. Development as Freedom. New York: Alfred Knopf. Sen, A. K. 1992. Inequality Re-examined. Oxford: Clarendon Press. Sen, A. K. 1985. “Well-being, Agency and Freedom: The Dewey Lecturers 1984.” Journal of Philosophy, vol. 82, no. 4: 169–221. Thurer, Daniel and Burri, Thomas. 2019. Self-Determination. Oxford: Oxford University Press. United Nations, United Nations Economic Commission for Africa. 1990. African Charter for Popular Participation in Development and Transformation. Addis Ababa: UNECA. United Nations. 1966. International Covenant on Civil and Political Rights. UN Res. 2200A (XX), 21 UN GAOR SUPP. (No. 16) at 52, UN Doc. A/6316 (1966), 999 UNTS.174. Entered into force 23 March, 1976. https​://tr​eatie​s.un.​org/d​oc/pu​blica​ tion/​units​/volu​me999​/volu​me-99​9-i-1​4668-​engli​sh.pd​f. Accessed 24 November, 2019. United Nations. 1948. Universal Declaration of Human Rights. UNGA Res 217A (III). UN Doc. A/810, 10 December, 1948.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Index

Abrams, Domini, 352 Acheampong, Kenneth, 6 Adar, Korwa Gombe, 24, 29–31, 48, 58, 59, 65, 68, 70, 107, 117, 172, 224, 236, 237 African Charter for Popular Participation in Development and Transformation (ACPPDT), 349 African Charter on Democracy, Elections and Governance, 101 African Charter on Human and Peoples’ Rights (ACHPR), 99, 100, 239, 348–56 African Court on Human and Peoples’ Rights, 205 African Mediation Agreement, 57 African Socialism, 171 African Union (AU), 77 Africa Regional Integration Index (ARII), 108 Afrobarometer surveys, 111, 112 Afro-Shiraz Party (ASP), 201 Ahmed, Kayum, 340 Ajulu, Rok, 68 Akindele, R. A., 60 Alot, M., 311 Ang’ila, F., 26, 29, 31, 32 Arusha Accords, 153, 157 Arusha Declaration, 171

Bagaza, Jean-Baptiste, 147 Bakari, Mohamed, 7 Baker, R., 78 Balasa, B., 171 Banjul Charter. See African Charter on Human and Peoples’ Rights (ACHPR) Barkan, Joel D., 68, 109 Behavior Change Communication (BCC), 277 Bellamy, Francis, 124 Bellenger, Lionel, 242 Berelson, Bernard, 259 Berlemont, Isabelle, 246 Berlin Conference, 163 Biira, Catherine, 10 Bismarck, Otto von, 93 border immigration regulations, 27 Bosire, Richard M., 117 brand recognition, 252 Brooks, Wood, 243 Bünder, Tobias, 129 Burke, Edmund, 61 Burundi, 4, 24, 57, 87, 149; case study of, 231–47; East African integration, media role, 236–40; integration success and sustainability, citizens role, 235–36; political elites, 38; political-historical situation, 363

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

364

Index

Copyright © 2020. Lexington Books. All rights reserved.

overview, 232–33; society and eastafricanization project, mass media, 240–42; sociolinguistic confguration, 233–35 Burundian citizens’ sovereignty: citizenship and sovereignty, 150–52; community laws, 159; democratization, 152–54; EALA, 155; eastafricanization, 150; eastafricanness, 150; effective integration challenges, 158–60; national constitution and treaty nexus, 147–62; national laws harmonization, 160; new East African identity recognition, 158– 60; sovereign rights exercise and integration, 154–58 Burundi citizens’ empowerment, 37–52; concept of people, 40–41; conceptual and theoretical approach, 40; eastafricanization, 41; eastafricanness, 41; exclusionary and predatory politics, tribal origin, 44–46; French language, 41; neocolonialism, 42–44; neopatrimonialism, 41–42; neopatrimonial rule, 43–44; people, theory and practice, 48–50; right to rule, 40–41 Byaruhanga, C., 80 Calvert, Peter, 100 Calvet, Louis-Jean, 235 Carlsson, Chris, 241 Carnegie, Dale, 243 Castellus, Manuel, 4 Central Legislative Assembly (CLA), 24 ceteris paribus, 127, 150 Chama Cha Demokrasia na Maendeleo (CHADEMA), 117 Chama Cha Mapinduzi (CCM), 115; democratization, 116–18; one-party dominance, 116–18 China Exim Bank, 98 Christians, C., 322

Churchill, Ewumbue-Monono, 314 citizen awareness, 277 citizen-centered eastafricanization, 276 citizen-centred regional integration, 274 citizenship, 124 citizens’ sovereignty, 21–33 civic education, 126 civil society, 51 civil society groups, 32 civil society organizations, 155, 156, 161, 279 Clampitt, Phillip G., 241 collective identity, 10 collective ownership, 10 Collinson, L., 80 Common Market, 86, 89, 110, 133, 134, 169, 179 Common Market Protocols, 82, 132, 135, 136, 282, 283 communication system, 231–47; art, science and process, 242–46; awareness dimensions and, 295–307; behavior change theory and, 288–91; role, Kenya, 251–69; role, Rwanda, 271–92; technique and way of life, 242–46 Community Economique de l’Afrique de l’quest (CEAO), 174 community laws, 159 conditio sine qua non, 352, 357 consociative model, 153 constitutional conficts, 157 constitutionalism, 126 Constitution of South Sudan, Article 37 (2a), 97 contemporary politicolegal lexicon, 164 continental integration, 129 Cooksey, Brian, 111, 113 country’s governance: people’s participation in, 46–47; popular participation in, 43–44 Court of Appeal for East Africa (CAEA), 17, 165 cultivated spillover, 12

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Index

Customs Union, 85, 86, 89, 110, 134, 179

Copyright © 2020. Lexington Books. All rights reserved.

Daily Monitor Newspaper, 280, 291, 357 decision-making, 128, 138 decolonization period, 4 De Melo, J., 80 Democratic Forces for the Liberation of Rwanda (FDLR), 113 democratic legitimacy, 23 Democratic Republic of Congo (DRC), 46, 185, 186 democratization, 7–8, 15, 55–72, 77–90, 217; of international organizations, 22, 23; sovereignty and, 93–104; in Uganda, 137–39 De Vree, Johan K., 11 Djerf -Pierre, M., 252 doctrine of sovereignty, 5 Domminick, J. R., 259 Dosenrode, S., 88, 90 double identity, 17 Draft Protocol on Good Governance, 151 dual legitimacy, 9 EAC I, treaties, 3, 13, 48, 55, 59 EAC II, treaties, 3, 13, 48, 55, 63, 181 EAC integration agenda, 18 EAC Integration Agenda: Accessing the Gains, 284 EAC integration process, 4, 5, 37–52; people-centeredness, popular participation, and market-driven principles, 50–51 EAC raison d’etre, 10 EAC Treaty: Article 5(2), 6, 87; Article 7, 5; Article 7(1)(a), 6; Article 50(1), 8 EALA Election Act, 66, 67 EALA II, 5 East African Central Legislative Assembly (EACLA), 3 East African citizenship, 4

365

East African Civil Society Organizations’ Forum (EACSOF), 210 East African colonies, 3 East African Common Market Report, 283 East African Common Services Organization (EACSO), 3, 13, 22, 57, 167, 220 East African Communication Association (EACA), 266 East African Community integration process, individual sovereignty and, 56–60 East African Cooperation Treaty, 25 East African Court of Appeal, 169 East African Court of Justice (EACJ), 9, 16, 207, 208, 210–13, 356 East African Currency Board (EACB), 165 East African Development Bank, 170 East African High Commission (EAHC), 3, 56, 167 East Africanism, 177 eastafricanization, 7, 8–9, 15, 38–41, 50, 52, 56, 59, 61, 65, 69, 107, 108, 112, 115, 116, 119, 127, 136, 205, 217, 237, 251, 330, 345, 346; human agency nexus, 346–48; popular participation, 47–48; proactive role in, 47–48 eastafricanized, 352, 354, 357 East African Legislative Assembly (EALA), 8, 13, 22, 37, 49, 50, 55, 64, 65, 68, 69, 85, 184, 208–10, 213, 358; democratization, 348– 56; eastafricanization, 348–56; eastafricanness, 348–56; genuine link with, 69–71; historical background, 24–28; integration, 348–56; ninemember state representation, rationale, 31–32; operations, 24–28 East African Mediation Agreement, 175 East African Monetary Union (EAMU), 86

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

366

Index

Copyright © 2020. Lexington Books. All rights reserved.

eastafricanness, 6, 7, 9–11, 15, 38, 39, 41, 56, 59–61, 63–65, 69, 107, 108, 115, 116, 119, 123, 127, 136, 160, 205, 217, 224, 236, 238, 244, 252, 330, 345, 346; human agency nexus, 346–48 EastAfrican newspaper, 253, 259–63, 268 Economic Community of West African States (ECOWAS), 79, 104, 174, 190, 191, 193, 194, 299, 300 economic cooperation, 171 economic integration, 21, 135 electoral democracy, 139 electoral process, 8, 138 Elemi Triangle, 96 English, 41, 234, 239 Enhancing Equity in the East African Regional Integration Process: Role of the Media (Nyabuga), 279 epistemological debate, 15–18 erga omnes, 353 ethnicity, 68 euphoria, 11 Euro, 180 Europeanization, 107 European Union (EU), 21, 194, 251, 314; integration regime, 131 expressis verbis, 3 fanaticism, 161 fnancial integration, 131 Finizio, Giovanni, 117 Forum for Democratic Change (FDC), 225 Free Movement of Labor (FML), 284 French language, 235 Frykberg, M., 81 functional spillover, 12 Garry, John, 111 Germanakou, Vasiliki, 351 Ginwala, F., 61 Girke, P., 138 Goffman, Erving, 244

Gordon, David F., 109, 110 Gross Domestic Product (GDP), 82 group identity, 10 Haas, Ernst, 11, 88, 113 Habermas, Jürgen, 23, 244 Habyalimana, Juvenal, 185 Hazlewood, A., 172 Henn, Sydney, 166 Hobbes, Thomas, 12 Hoffman, Stanley, 107 Hoffmann, S., 7 Hogg, Michael, 352 Hope Magazine, 81 House of Commons (HoC), 166 How to Win Friends and Infuence People (Carnegie), 243 human rights law, 124 Hutus, 44, 45, 149 identity, 10 Idi Amin, 173 Igga, James Wani, 94 Ilgen, Thomas L., 218 Ilievski, Nikola L. J., 11 individual integration, 12, 13 individual sovereignty: East African Community integration process and, 56–60; framework for analysis, 58– 60; integration and, 66–69; regional integration and, 60–66 institutional integration, 21 integration, 7, 11–14; “people-centred and market-driven” process of, 13 integration project, 21–33; locus of citizens’ participation, 28–30 integration rights, 13 Intergovernmental Authority on Development (IGAD), 96, 101 International Covenant on Civil and Political Rights (ICCPR), 102 International Criminal Tribunal for former Yugoslavia (ICTY), 184 international governmental organizations (IGOs), 29

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Index

Inter-University Council of East Africa (IUCEA), 265 An Introduction to the Principles of Morals and Legislation (Kelly), 61 Ioannou, Demosthenes, 12

Copyright © 2020. Lexington Books. All rights reserved.

Jacob, P. E., 21 John, K., 243 Joseph-Dezaize, 242 jurisdictional integration, 21 Kabila, Joseph, 112 Kagame, Paul, 89, 112, 291 Kaija, Barbara, 331 Kakwa of Liwolo, 99 Kamala, D. B., 26 Kant, Immanuel, 12 Kasaija, P., 79 Katabazi case, 222–23, 226 Katembo, B., 78 Kelly, P., 61 Kenya, 24, 29, 55, 57, 130 Kenya African National Union (KANU), 67, 116 Kenya citizens’ sovereignty: channel of communication, 256–57; cold war politics, 173–74; collapse of EAC I, 170–78; content analysis, 259–63; cooperation rebirth, 174–78; direct participant observation, 265–68; domestic sovereignty problem, 172; EAC integration, 69–71; EAC I of 1967, 169–70; EAC nexus, 251–69; eastafricanization, 69–71; eastafricanness, 69–71, 254; EastAfrican Newspaper, 259–63; fast-tracking East African integration, 178–80; focus group discussion participants, 255–56; gains and losses, distribution issue, 170–71; goals of EAC, 257–58; ideological differences, 171–72; in-depth interviews, 264–65; integration and democratization, 55–72; integration history, East

367

Africa, 165–69; methodological contextualization, 252–53; Nairobi mentality, 171; national constitution and treaty nexus, 163–81; personal rivalry and lack of goodwill, state heads, 172–73; principle of asymmetry, 170–71; scale of 0–10, 258–59; sovereignty and treaty, 180–81; survey fndings, 256–59; theoretical frameworks, 254 Kenyan National Assembly, 9 Kenyan National Identity Card, 255 Kenyan parliament, 70–72 Kenya’s National Assembly, 62 Kenyatta, Jomo, 11, 24, 109, 168, 173 Keohane, Robert O., 7, 107 Kerbrat-Orecchioni, Catherine, 245 Khadiagala, G. M., 67 Kibaki, Mwai, 68 Kidega, D., 27 Kiggundu, Moses N., 109 Kikwete, Jakaya, 112 Kiswahili, 41, 234, 239, 299 Knowles, Josie, 111 Kymlicka, Will, 124 La France, Guy, 4 Lando, Agnes Lucy, 267, 269 Latin America, 22 legal-bureaucratic decision-making processes, 42 legislative powers, 23, 224, 350 Leopold II (Belgian king), 42 Leviathan, 12 liberal democracy, 23 Lindberg, Leon N., 12 Lipset, S. M., 67 Locke, John, 12 Louise, Mdachi, 48 Lunn, J., 23 Madi alu, 99 magendo, 175 Magoba, Chris, 341 Magufuli, John Pombe, 108

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

368

Index

Copyright © 2020. Lexington Books. All rights reserved.

March 23 Movement (M23), 113 Martin, Ngoga, 85 Masha, Lawrence, 118 Matiangi, F., 68 Mayer, Lawrence C., 100 Mazzeo, Domenico, 171 Mbororo, 307 McQuail, Dennis, 312 Mdachi, M. Louise, 132 Media and Democracy in East African Community, 253, 266 Media Sector Reforms, 286, 287 Mercosur, 22, 23 Meyer, Angela, 117 Mfumukeko, Liberat, 97 Mhando, Peter C., 109 Micombero, Michel, 147 Miller, J., 23 Ministry of East African Community (MINEAC), 84, 85 Mohochi case, 223, 226 Moi, Arap, 175 Moi, Daniel, 110 Monetary Union, 87, 110, 179, 180, 352 monism-dualism, 198 Monnet, J., 23 Mudavadi, Musalia, 30 Mukandala, Rwekaza, 220 Munya, Peter, 254 Museveni, Yoweri Kaguta, 332 Mushega, Amanya, 98 Mushi, Samuel S., 7 Mwambutsa IV, 147 Nairobi Declaration, 24 National Rainbow Coalition (NARC), 68 National Resistance Movement (NRM) leadership, 138 National Resistance MovementOrganization (NRM-O), 225 nation-states, 15 Ndadaye, Melchior, 44 Ndegwa, Philip, 180 neocolonialism, 39, 42–44

neocolonial rule, 42–43, 46–47 neocolonial trap, 42 neofunctionalism, 12 neofunctionalist thinking, 12 neopatrimonialism, 41–42 neopatrimonial politics, 44 neopatrimonial rule, 43–44, 46–47 neopatrimonial system, 41–42 Ngaruko, Fl., 45, 235 NGO Coalition for East Africa (NGOCEA), 98 Ngunyi, G. M., 172 Nguru, Faith, 254 Niemann, Arne, 12 Nilsson, S., 22, 23 Njenga, George N., 109 Nkrumah, Kwame, 43 Nkurunziza, J. Dieu, 45, 235 Nkurunziza, Pierre, 148, 154 Nordenstreng, Kaarle, 312 Nyabuga, George, 280, 281 Nye, J., 21 Nyerere, Julius K., 11, 24, 109, 168, 170, 175 Nyerere, Mwalimu Julius, 108 Nyong’o, P., 22 Obote, Apollo Milton, 11, 24, 109, 168, 170, 171, 173, 175 Ochwada, Hannington, 168 Odinga, Raila, 30 Ogola, Frederick Onyango, 109 Ohio State University, 47 Oka, James Mayen, 102 Okunda v R. (1970), 169, 172, 177 Oloo, Adams G. R., 116, 118 Olum, Yasin, 224 Oppong, R. Frimpong, 125 Orange Democratic Movement (ODM), 30 Organisation Commune de Cooperation Economique d’Afrique Centrale (OCCEAC), 78 Organization of African Unity (OAU), 129, 183

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Index

Copyright © 2020. Lexington Books. All rights reserved.

Ormsby-Gore, W. G., 166 Ormsby-Gore Report, 167 Otieno-Odek, James, 225 Over the Top Tax (OTT), 336 Pan Africanism, 129 parliament, Kenya, place of political parties, 66–69. See also Kenyan parliament Partner States, 4, 13, 22, 26, 27, 31, 48, 51, 55, 57–59, 63–66, 69, 81, 83, 84, 86, 88, 98, 112, 115, 129, 130, 132–34, 137, 151, 190, 199, 206, 208, 221, 238, 239, 301, 351, 358 peaceful confict resolution, 158 Peace of Westphalia, 94 people-centered and market-driven approach, 8, 10, 38, 47, 49, 114, 345 people-centered and mutual development conceptions, 6–7 people-centered integration, 278 people-centered mutual development, 6, 10 people-centeredness principle, 46, 132 Peoples Redemption Army (PRA), 222 Permanent Tripartite Commission (PTC), 110, 175 perpetual peace, 12 PLO-Lumumba, 17 Pocock, J. G. A., 124 political actors, 153 political confederation, 87 political elites, 46, 59, 113 political federation, 79, 87, 89, 135, 178 political groupings, Kenya, 68 political identity, 10 political integration, 21, 88, 89, 93 political spillover, 12 political will, 49 pooling of sovereignty, 7 popular sovereignty, 5 pragmatism, 157 Preferential Trade Agreements (PTA), 133 presidentialism, 23

369

public relations, 247 raison d’etre, 3 Rasul, Ahmed Minja, 111 regional economic communities (RECs), 24, 129, 197 regional economic integration, 80, 132 regional integration, 21–24, 55, 58, 88, 129–31, 133, 272, 309; individual sovereignty and, 60–66; Kenya parliament, 60–66 regional integration arrangements (RIAs), 295 Republic of Niger, 194 Research in Poverty Alleviation (REPOA), 112 Revolutionary Government of Zanzibar (RGZ), 201, 202 robust communication strategy, 289 Rodny-Gumede, Ylva, 336 Roger, Wimmer, 259 Rousseau, Jean-Jacques, 5, 12, 61, 70 Rugamba, King Ntare, 232 Ruto, William, 30 Rwagasore, Louis, 45 Rwanda, 4, 24, 57; and EAC, clarifcations, 79–81; GATT charter, 82; integration and democratization processes, 84–87; popular participation in EAC, 81–84 Rwanda citizens’ sovereignty: citizen knowledge, integration process, 281–85; citizens’ participation in EAC, 189; community parliament, 190–93; conceptual frameworks, 273–77; constitution and, 186–87; constitution and EAC treaty, 187; and EAC nexus, 271–92; EAC regional integration, 277–81; EALA, 189–90; integration and democratization, 77–90; integration process and, 87–90; international and domestic law, 188–89; national constitution and treaty nexus, 183–94; news media and citizen-

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

370

Index

Copyright © 2020. Lexington Books. All rights reserved.

centeredness, 285–88; theoretical perspectives, 288 Rwanda Media Barometers, 282, 286–88 Rwandan Patriotic Front (RPR), 185 Rwanda Utilities Regulatory Authority (RURA) Report, 288 Sabuni, Aggrey Tisa, 97 savoir-faire, 243 Scardigli, Mercier, 242 Schaap, Wauter, 276 Schmidt, V. A., 23 Schmitter, P. C., 22 Schumpeter, 67 self-ownership, 10 self-reliance initiatives, 84 Sempebwa, E. F., 223 shared wealth, 131 Shehata, A., 252 Shirika la Habari Tanzania (SHIHATA), 324 sine qua non, 10 Sisyphus, 164 Smith, Donald, 267 social consensus, 12 social contracts, 10, 12, 354 social identity, 10 social integration, 21 social justice, 148 social revolution, 45 Society for International Development, 27 South African Development Community (SADC), 178, 181 South Sudan, 24, 87, 90, 208; awareness dimension, 305–6; communication and, 295–307; communication dimension, 296–305; democracy and integration, 100–103; in East African Community, 93–104; popular participation and integration, 97–100; sovereignty and integration, 94–97 sovereign ownership, 10 sovereign rights, 4, 5, 8, 15

sovereignty: democratization and, 93– 104; and integration, 94–97 spillover effects, 12 The Spirit of Laws (Montesquieu), 60 Standing Committees, 26 state sovereignty, 7 Stempel, Guido, 259 Straubhaar, T., 22 Sudan People’s Liberation Army (SPLA), 303 Sudan People’s Liberation Movement (SPLM), 102, 297 suffrage, 186 sui generis model, 3 supranational democracy, 23 supranational integration, 21 supranationalism, 22 supremacy principle, 125 Tanganyika, 3, 24 Tanganyika African National Union (TANU), 201 Tanganyika Law Society and the Legal and Human Rights Centre and Reverend Christopher R. Mtikila v. The United Republic of Tanzania, 205 Tanzania, 24, 29, 57, 168, 199 Tanzania citizens’ sovereignty: constitutional development, 200– 202; constitutional structure, 198; constitution and treaty, relationship, 197; constitution and treaty, uneasy relationship, 198–200; the Council and, 208–9; creation and demise, EAC I, 109–10; EAC citizenship status, 205–6; EAC institutions, 206; EALA and parliament, 115–16; East African Court of Justice, 210–13; East African Legislative Assembly, 209–10; historical overview, 108–9; integration and democratization, 107–19; integration process, 113–14; intransigency, integration process, 111–13;

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved.

Index

national constitution and treaty nexus, 197–213; neo-functionalism, 113–14; popular participation and, 115–16; popular participation and EALA democratization, 114–15; reestablishment of EAC II, 110– 11; summit and, 207–8; union constitution and Constitution of Zanzibar, 200, 202–5 Tanzanian Constitution, 203 Tanzania parliament, 115–16 Tanzania’s new media policies: communication and, 309–25; constitutional and legal framework, 321–23; EAC popularization, media inclusion, 317; EAC secretariat, good strategies, 315; fostering popular participation, communication, 310– 11; Four Theories of Press, 311–14; gender consideration, 318; good policy, 323; information departments revitalization, news agencies, 324; mainstream media, EAC, 315; media and communication engagements, 314; media and government interventions, 317–18; media/ communication and integration, 311; media for development, government intervention, 321; media outlets representation, 318; media practitioners and, 320; offcial government media, EAC content, 323–24; social media, silences and turbulences, 315–17; social media, source on access, 319; sources of EAC information, 318–19; theoretical contextualization, 311; views on enhancing communications, 320–21 Taylor, M., 268 Terlinden, U., 26 territorial integration, 93 third wave democratization, 114, 137 Tilly, C., 59 transnationalization, 124

371

Trechsel, A. H., 22 triadic reciprocal causation, 353, 354 Tutsis, 44, 45, 149 Typical Communication Model, 241 Uganda, 24, 29, 57, 90, 168 Uganda citizens’ sovereignty: citizen popular participation, EAC, 126–28; communication and awareness, 329– 42; communication for development, 332–33; conceptual issues, 218–19; Constitution of the Republic of Uganda, 334; in EAC, 124–26; EAC integration, 128–36; EACJ judicial precedents, 225–26; EAC law, 221; EALA representatives election, 223–25; East African integration, 219–21; eastafricanisation and popular participation, 336; Excise Duty (amendment) Act, 2018, 335– 36; integration and democratization, 123–40; Katabazi case, 222–23; legal, policy, and regulatory framework, communication, 334; media in society, role, 332–33; methodological appraisal, 333; Mohochi case, 223; national constitution and treaty nexus, 217–26; OTT, 336; OTT and citizens social impact, 338–39; OTT tax, legality, 337–38; over the top services tax, resistance, 339–40; right of rights, 127; sustainable communication strategy, 341–42; Uganda Communications Act, 2013, 334–35 Ujamaa philosophy, 109 U.N. Commission on Human Rights, 101 Union for National Progress (UPRONA), 147, 148 United Nations Charter of 1945, 95 United Nations Trusteeship, 78 Universal Declaration of Human Rights (UDHR), 97

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

372

Index

UN Mission in South Sudan (UNMIS), 298 UN Trust Territory (UNTT), 165 UPRONA party, 45

Wako Committee, 28 Wanyande, Peter, 118 Wenje, Ezekiel, 118 Willame, Jean Claude, 42

van Steenbergen, Fran, 276 Versailles Treaty, 78 Vidmar, Hannah Marie, 47

Yang, A., 268

Copyright © 2020. Lexington Books. All rights reserved.

Wako, Amos, 28

Zanzibar, 198, 201, 204 Zanzibar House of Representatives (ZHR), 203

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

About the Editors and the Contributors

Copyright © 2020. Lexington Books. All rights reserved.

THE EDITORS Korwa Gombe Adar is professor of International Studies, Department of Political and Administrative Studies, University of Botswana, Gaborone, Botswana. He received his BSc and MSc in Political Science at Indiana State University, Terre Haute, Indiana, United States; followed by MA and PhD in International Studies at the University of South Carolina, Columbia, United States. He is one of the recipients of Fulbright Research Grant, awarded to Senior Africa Scholars which enabled him to conduct research in the Library of Congress while based at the Johns Hopkins School of Advanced International Studies (SAIS), Washington, DC, United States. He has also served as a Council Member of various universities in Kenya. Prof Adar is the coeditor of many books and author of many articles published in peer reviewed refereed journals. His areas of research interests include International Relations Theory; African International Relations; Foreign Policy Analysis; Human Rights; and International Law & Organization. His recent coedited volumes include France’s Africa Relations: Domination, Continuity and Contradiction (2019); Building Regionalism from Below: The Role of Parliaments and Civil Society in Regional Integration in Africa (2018); African Foreign Policy, Diplomacy and Leadership: Refections of Diplomats and Scholars (2016); African Institute for Leaders and Leadership Yearbook: Lessons from Africa’s Past (2015); Cooperative Diplomacy, Regional Stability and National Interests: The Nile River and Riparian States (2011); State of Africa: Parameters and Legacies of Governance and Issue Areas (2010); Doctrine of Separation of Powers and the GNU Legal Framework: The “Place” of Kenya’s National Legislative Assembly(2009); Towards AfricaOriented Risk Assessment Models: Contextual and Methodological Approach 373

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

374

About the Editors and the Contributors

Copyright © 2020. Lexington Books. All rights reserved.

(2008); Electoral Process and the Prospects for Democracy Consolidation: Contextualizing the African Multiparty Elections 2004 (2008); Foreign Policy and International Relations: Refections of Diplomats (2008); Globalization and Emerging Trends in African States Foreign Policy: A Comparative Perspective of Eastern Africa (2007); Somalia Peace Process: Challenges and Future Prospects for the Reconstruction and Restoration of Legitimacy (2006); Sudan Peace Process: Challenges and Future Prospects (2004); The State of Readiness of African Parliaments on the Eve of Pan African Parliament (2004); Globalization and Emerging Trends in African States Foreign Policy: A Comparative Perspective of Southern Africa (2002). Kasaija Phillip Apuuli is an associate professor in the Department of Political Science and Public Administration, Makerere University. He holds a Doctor of Philosophy (DPhil) degree in International Law of the University of Sussex at Brighton, United Kingdom. His other academic qualifcations include BA (Hons) in International Relations, Makerere University Kampala; and LLM in International Law, University of Sussex, United Kingdom. He is the winner of the 2009 Mary Kingsley/Zochonis Lecture prize of the Royal African Society (RAS) and African Studies Association of the United Kingdom (ASAUK), was a 2010 British Academy Visiting Scholar at African Studies Centre, University of Oxford; and a Fulbright Scholar in Residence, University of South Florida (St. Petersburg) and Stetson School of Law (Gulfport), Florida, USA. He has previously served as the Confict Prevention, Management and Resolution-Advisor at the IGAD Secretariat, Djibouti (2008); Assistant IGAD Facilitator for Somalia Peace and National Reconciliation, Addis Ababa (2009), and Programme Manager, Confict Prevention and Risk Analysis, Institute for Security Studies (ISS), Addis Ababa (2013–2014). He has authored many articles in referred journals and book chapters on the ICC and Northern Uganda; East African Political Integration; and Confict Prevention, Management and Resolution in the Great Lakes and Horn of Africa regions of Africa. His most recent article and book chapter are “The Arusha Peace and Reconciliation Agreement (2000) and the Current Political Crisis in Burundi,” Insight on Africa 10 (1): 2018, pp. 54–72; “The African Union’s Peace and Security Architecture (APSA): The African Standby Force (ASF),”0in Tony Karbo and Tim Murithi (eds.), The Africa Union: Autocracy, Diplomacy and Peacebuilding in Africa, London: I.B. Tauris, 2018, pp. 149–182. Agnes Lucy Lando is an associate professor of Communication and Media Studies at Daystar University, Communication Department. Lando obtained her PhD in Social Communication from La Pontifcia Università Gregoriana, Roma, in 2008. She holds an MA in Human and Intercultural Communication

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

About the Editors and the Contributors

375

and BA in Audiovisual Productions, from Daystar University. Prof. Lando is the recipient of the 2013 George Gerbner Excellence. In 2016, Prof. Lando became the frst African to be elected Board Member-at-Large of the International Communication Association (ICA)—https://www.icahdq.org, a sixtyseven-year-old global body that brings together communication scholars, practitioners, and researchers. Prof. Lando is a member of various national, regional, and international communication academic bodies.

Copyright © 2020. Lexington Books. All rights reserved.

PLO-Lumumba is an associate professor of Public Law and Founding Dean, Kabarak University School of Law. Lumumba has lectured law in—The University of Nairobi; The United States International University-Africa in Nairobi, Kenya; Widener University, USA (Nairobi Summer School). Lumumba is also an Advocate of the High Courts of Kenya and Tanzania. He holds a Bachelor of Laws and Master of Laws degrees from the University of Nairobi and a LL.D from the University of Ghent, Belgium. He is a Certifed Public Secretary, CPS (K) and a Member of the Kenya Institute of Management (MKIM). He is a former Secretary of the Constitution of Kenya Review Commission (CKRC), and former Director of the defunct Kenya Anti-Corruption Commission (KACC). He is also the Founder of the PLO-Lumumba Foundation (a Philanthropy Organization); a founding Trustee of the African Institute for Leaders and Leadership (AILL) and founding Chairman of the Association of the Citizens Against Corruption (ACAC). He was recognized by the Kenya-USA Association for the Martin Luther King Jnr., Leadership Award in 1996 and was the recipient of the 2008 Martin Luther King Africa Salute to Greatness Award by the Martin Luther Jr. Africa Foundation. He has also been included in the Marquis Who’s Who in the World and the Distinguished Mwalimu Nyerere Lecturer for 2014. Juliana Masabo is currently serving as Judge of the High Court of Tanzania. She was until recently a Senior Lecturer in the School of Law at the University of Dar es Salaam. Masabo holds a PhD from the University of Cape Town, a Master of Laws (LL.M) and a Bachelor of Laws (LL.B) from the University of Dar es Salaam. Dr. Masabo is an accomplished researcher. Her research interests are in regional integration, international migration (labour migration, immigration and refugee law), citizenship law and human rights law. Her publications include “Making the EAC Regime Benefcial to Female Labour Migrants,” African Journal of International and Comparative Law, Vol. 24, No. 4 (2016): 541–560; “Evolving Standards on the Rights of Labour Migrants: Perspectives from the EAC and the SADC,” SADC Law Journal, Vol. 3, No. 1 (2013): 182–211; “Irregular Migrant Workers’ Access to Host Country’s Labour Dispute Resolution Mechanisms: Experiences From The SADC,” East African Law Review, Vol. 42, No. 1 (2015); “Harmonisation

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

376

About the Editors and the Contributors

of Labour Laws in the East African Community: An Assessment of Progress and Prospects,” in J. Döveling, et al., Harmonisation of Laws in the East African Community. The State of Affairs with Comparative Insights from the European Union and Other Regional Economic Communities, Nairobi: LawAfrica, 2018; and “Informality and Social Insurance in East Africa: An Assessment of the Law and Practice,” in Mies Westerveld (ed.) & Marius Olivier (ed.), Social Security Outside the Realm of the Employment Contract: Informal Work and Employee-like Workers, Edward Elgar Publishing, 2019.

Copyright © 2020. Lexington Books. All rights reserved.

THE CONTRIBUTORS Hassan Abbasi is currently the Permanent Secretary, Ministry of Information, Culture, Arts and Sport of the Government of Tanzania. He specializes on media practice, strategic communications and media laws, among other mass communication genres. Between 2002 and 2006 he joined the University of Dar es Salaam (UDSM) for a law degree (LL.B). Still a university student, he was employed as a retainer reporter/correspondent for Business Times newspapers, Tanzania’s largest and oldest media house. Later he on rose from a reporter, senior reporter, assistant editor to chief editor for Majira and Kulikoni newspapers. In 2005 he briefy served as editor in chief for UDSM’s faculty of law Nyerere Law Journal. Dr. Abbasi is a Reuters alumni (Canal Wharf, London) in writing international news and a recipient of the University of Maine, USA, graduate training in journalism for international scholars in 2008. After a spell of nine years in the private media sector in 2010, he joined public service as head of Media and Communications at the African Peer Review Mechanism (APRM-Tanzania, a program of the African Union under the Ministry of Foreign Affairs. In 2014, he joined the President’s Delivery Bureau (PDB) as Manager for Media and Advocacy Programmes for the Big Results Now (BRN) program. Dr. Abbasi also holds a Postgraduate Diploma in Management of Foreign Relations (PGD-MFR) from the Mozambique-Tanzania Center for Foreign Relations; a master’s degree in mass communication from Saint Augustine University of Tanzania (SAUT) and a PhD in mass communications (SAUT). He has published three articles in academic journals on politics, media, and law. Clément Bigirimana is a lecturer at University of Burundi, Faculty of Arts and Human Sciences - Department of French Language and Literature. He has a PhD in Language Sciences, the University of Dschang, Cameroon, 2017. Alfred Burimaso is currently a lecturer in the faculty of Law, administration, and political studies at the Polytechnic University of Gitega. He holds a PhD

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

About the Editors and the Contributors

377

Copyright © 2020. Lexington Books. All rights reserved.

in International Relations from Central China Normal University (CCNU), School of Politics and International Studies (2019). He holds a Master of Arts in Political Science from the University of the Witwatersrand, Johannesburg, South Africa (2013). His research focuses on Leadership crisis in postcolonial African States. His publications include: strengthening security and political stability to encourage Belt and Road Initiative investment in EAC: learning from Tanzania, in Journal of the Institute of African Studies, Zhejiang Normal University, Issue no. 1, 2018, Vol. 12, Pages 151–159; The Belt and Road Initiative: Opportunities and Risks for Africa’s Connectivity, China Quarterly of International Strategic studies, Vol. 5, No. 1, 117–141. He is fuent in Kiswahili, English, French, and Italian in addition to the mother tongue and national language Kirundi. Nicasius Achu Check is a senior research specialist in the Governance, Peace, and Security Research Unit of the Africa Institute of South Africa, AISA, a research program of the Human Sciences Research Council. Before joining the Institute, Dr. Check was a Lecturer in the Department of History at Vista University Distance Education Campus, now part of the University of South Africa, where he taught modules on the spread of Islam in West Africa, Pan Africanism, and de-colonial politics and postcolonial development initiatives. He holds a Doctor of Literature and Philosophy with a specialization in Political Studies from the University of Johannesburg. He seats on the editorial committee of Africa Insight, an ISSBN accredited journal and on the Board of the International Relations Department of Riara University, Kenya. Dr. Check has published many journal articles, policy briefs, and chapters in books. He coedited volumes include Cooperative Diplomacy, Regional Stability and National Interests: The Nile River and Riparian States, 2011 and France’s Africa Relations: Domination, Continuity and Contradiction, 2019. His areas of specialization include decolonial politics, African postcolonial state building initiatives, genocide studies, African philosophy, Humanities on the African continent and African development initiatives. Martin Logo Gogonya got his bachelor’s degree in Social Sciences majoring in Political Science from Makerere University, before returning back home where he began lecturing at the University of Juba from where he was awarded a scholarship by the African Union to do his Master’s degree at the Pan African University of the African Union in Yaoundé, Cameroon, where he graduated in 2016 with a MSC in Governance and Regional Integration. He lecturers in Political Science at the University of Juba, South Sudan. Mercy Kathambi Kaburu is a lecturer of International Relations in the Department of International Relations, United States International

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

378

About the Editors and the Contributors

University—Africa. Dr. Kaburu holds a PhD in International Relations of United States International University (USIU)-Africa, MA in International Confict Management from the Institute of Diplomacy and International Studies, University of Nairobi; and a Bachelor of Education—Arts from Kenyatta University. Dr. Kaburu also holds a diploma in Project Management from the Kenya Institute of Management. She is an experienced Consultant in project monitoring and evaluation with a focus on projects relating to international peace and security.

Copyright © 2020. Lexington Books. All rights reserved.

Aaron Ayeta Mulyanyuma is a lecturer in the Department of Science, Faculty of Social Sciences, Uganda Christian—Mbale University College, where he has taught since 2011. He is a student pursuing PhD in Political Science at Kisii University—Kenya. He is also a Town Clerk working with Mbale District Local Government since 2004. He is regularly consulted by the Government of Uganda and nongovernmental organizations on issues of public policy, International Relations, Public Administration institutions, local governance, political parties, politics of oil and gas and Urban Governance and Management. He has keen interest in both local and national politics and currently working on his research project on politics of policy making in the hydrocarbon industry. Andre Mbata Mangu is a research professor in the Department of Public, Constitutional and International Law, College of Law, University of South Africa, and also an Ordinary Professor of Law in the Faculty of Law, University of Kinshasa, Democratic Republic of Congo. He holds a Master (LLM) and a doctoral degree in Law (LLD) from the University of South Africa as well as a bachelor degree in law (LLB) from the University of Kinshasa. He served as a Lecturer in the Faculty of Law of the University of Limpopo, then University of the North, South Africa, Guest Lecturer in the Faculty of Law of the University of Pretoria, South Africa, Guest Professor at University of Addis-Ababa, Ethiopia, and at the University of Paris 13 and University of Paris Sud in France. He served for many years on the Executive Committee of the Council for the Development of Social Science Research in Africa (CODESRIA, Dakar, Senegal) and on the Advisory Board of the African Peacebuilding Network of Social Science Council (SSRC). He is a member of the African Network of Constitutional Lawyers and as published extensively on constitutionalism, democracy, elections, human rights, regional integration, and the rule of law in Africa. He is currently the editor-in-chief of the African Journal of Democracy and Governance. Emilly Comfort Maractho is a researcher, writer, Next Gen fellow (Dissertation Research 2015–16), and Carnegie African Studies Association Fellow

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

About the Editors and the Contributors

379

2018. She is a senior lecturer and head of Department, Journalism and Media Studies in the Faculty of Journalism, Media and Communication, at Uganda Christian University. She holds a PhD in Cultural and Media Studies from the University of KwaZulu Natal (2017). Maractho also graduated with MA Communication (Daystar University Kenya, 2014); MA Development Studies (Uganda Martyrs University, 2007) and BA Development Studies (Hons) (Makerere University, 2003). She taught at Makerere University for twelve years. Maractho’s research interest is in media governance, gender, and social justice. She teaches media law and policy, communication research, media ethics, and media, gender and social justice. Her PhD Thesis was on “media, women and public life in Uganda: interrogating representation, interaction, and engagement.”

Copyright © 2020. Lexington Books. All rights reserved.

Nicodemus Minde is a doctoral student in International Relations at the United States International University—Africa (USIU—Africa) Nairobi, Kenya. He holds a Master’s Degree in International Relations from the same university. His PhD thesis is on Party Dominance and Decline and its Impact on Foreign Policy Orientations in Africa. He was a joint recipient of the Africa Peacebuilding Network (APN) Research Grant with Professor Kenneth Omeje in 2013. He is a benefciary of the Next Generation Social Sciences in Africa Doctoral Dissertation Fellowship (2017/2020). His research interests are in Foreign Policy, Peace and Confict in the Horn of Africa region, Political Parties and Democratization and the political history of Tanzania and Zanzibar. Willy Mugenzi holds a PhD in Peace and Confict Studies, Masters in Media, Peace and Confict Studies and Bachelor’s Degree in Communication. He’s a certifed professional mediator. Formerly, he worked as a consultant with civil society organizations, private sector and public sector in Rwanda, Uganda, and Kenya. Dr. Mugenzi developed Communication for Development Policy for UNICEF-Rwanda, Communication Strategy for Rwanda National Police, Awareness Strategy for Action Aid International Rwanda and several communication outputs for the Global Water Partnership and the East African Community. He worked as a journalist for seven years in Rwanda (The New Times). He taught Public Relations Tools and Techniques at Kabyayi Catholic University, National University of Rwanda and he is a visiting facilitator at Rwanda Peacebuilding Institute (PBI, Never Again Rwanda). He teaches Peace and Social Justice, Ethics at Masinde Muliro University of Science and Technology (Kenya). He published two journal articles on Home-grown solutions and Peace in Rwanda. Communication and conficts, peace and prosperity, media and peace, home-grown solutions and peacebuilding are his research interests.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

380

About the Editors and the Contributors

Faith Wariara Nguru is a professor of Communication serving as Deputy Vice-Chancellor Academic, Research, and Student Affairs at Daystar University, Nairobi, Kenya. Prof. Nguru obtained her MA in Christian Ministries from Wheaton College. She earned her MA and PhD in Mass Communication from Bowling Green State University, Ohio. USA. Nguru is an author, coauthor, and coeditor of a number of books and articles published in refereed journals and peer-reviewed book chapters. In addition to being an external examiner for a number of Universities in Kenya and in the larger Eastern Africa region, Faith is an adjunct faculty to several universities in Kenya. She has supervised and examined several MA theses and PhD dissertations as well as developed undergraduate and postgraduate Communication curricula for several universities. Faith chairs the Private Universities Research Consortium of Kenya that brings together practitioners and researchers from all private universities in the country. Faith is a member of various national, regional, and international communication academic bodies, and has presented peer-reviewed papers. Faith’s research interests are in Communication, Christian Ministry and education as well as interdisciplinary research on topical social issues. She serves on several boards that advance women and girls empowerment programs.

Copyright © 2020. Lexington Books. All rights reserved.

Pontian G. Okoth He is a professor of History and International Relations at Masinde Muliro University of Science and Technology, Department of Peace and Confict Studies. My area of specialization is Diplomatic History. He is a PhD holder in this area from the University of California, Los Angeles. He has to his to my credit over 130 publications including books, book chapters and journal articles. He has been a vice chancellor at Lugazi University— Kampala (Uganda). He has also been a visiting Professor in leading universities in Europe, North America, India, among others. I have also been awarded several research grants from Carnegie Corporation of New York, Full Bright Scholarship, among others. Petro Protas is an assistant lecturer in the Department of Private Law at the University of Dar es Salaam, Tanzania. He holds a Bachelor of Laws degree (LL.B Hons, 2015) and a Master of Laws degree (LL.M, 2016) from the University of Dar es Salaam. Protas is an advocate of the High Court of Tanzania, Notary Public and Commissioner for Oaths as well as a member of Tanganyika Law Society (TLS) since 2018. Currently, he is a PhD candidate at University of Dar es Salaam School of Law. Mr. Protas’s areas of interest and research include regional integration law, migration law, international humanitarian law, and forensic science and the law. His published works include “Refections on ‘People Centered Principle’ in the East African Community: The Current Legal Controversy,” Eastern Africa Law Review,

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

About the Editors and the Contributors

381

Vol.42, No. 2, December, 2015) and “Naming of Culprits by the Dead: A Forensic Approach to the Crime of Murder in Mainland Tanzania,” Eastern Africa Law Review, Vol. 43, No. 1, July, 2016). François Xavier Senene is currently the director of research services at Polytechnic University of Gitega (Republic of Burundi). He has a PhD in law, Option: Conciliation and arbitration procedures delivered by Voronezh State University (Russian Federation). He is also a professional mediator. His research domain: Conciliation procedures in the modern judicial procedure. François has been the head of the faculty of law and political sciences of Polytechnic University of Gitega (2013–2015). His publications include Application of conciliation procedures in the modern judicial procures. In: Editions Universitaires Européennes (2017); Correlation of the principles of conciliation procedures and principles of civil procure. In Vestnik of Voronezh State University (law series). He speaks fuently 4 languages: Kirundi, French, Russian and English.

Copyright © 2020. Lexington Books. All rights reserved.

Yosa Wawa studied at University of Botswana, Loughborough University of Science and Technology (UK), University of Bergen (Norway), and Nkumba University (Uganda). His research interests include borderland studies, history of South Sudan and ethno-history. His co-edited volumes include Concise History of South Sudan. Kampala. Fountain, 2014; Refugee Aid and Development: The Case of Southern Sudanese Refugee in West Nile, Uganda. Kampala. Fountain Publishers, 2008; The Southern Sudanese Pursuits of Self-Determination. Kampala. Marianum P., 2005.

Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa

Copyright © 2020. Lexington Books. All rights reserved. Popular Participation in the Integration of the East African Community : Eastafricanness and Eastafricanization, edited by Korwa