EAC), Economic Community of West African States (ECOWAS) and Southern African Development Community (SADC
Total Page:16
File Type:pdf, Size:1020Kb
The Civil Society Guide to Regional Economic Communities East African Community (EAC), Economic Community of West African States (ECOWAS) and Southern African Development Community (SADC) The Civil Society Guide to Regional Economic Communities East African Community (EAC), Economic Community of West African States (ECOWAS) and Southern African Development Community (SADC) Study undertaken by the Special Rapporteur on the Rights of Refugees, Asylum Seekers and Internally Displaced Persons, pursuant to Resolution 234 of April 2013 and approved by the Commission at its 55th Ordinary Session, May 2014 2015 African Commission on Human and Peoples’ Rights (ACHPR) This publication is available as a pdf on the ACHPR’s website under a Creative Commons licence that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the ACHPR and used for non-commercial educational or public policy purposes. Published by the African Commission on Human and Peoples’ Rights ACPHR 31 Bijilo Annex Layout Kombo North District Western Region P.O. Box 673 Banjul The Gambia Tel: (220) 4410505 / 4410506 Fax: (220) 4410504 Email: [email protected] Web: www.achpr.org Designed and typeset by COMPRESS.dsl | www.compressdsl.com The Civil Society Guide to Regional Economic Communities | v Contents Tables vii Figures viii Acknowledgements ix Background x 1. Executive summary 1 Abbreviations and acronyms 1 1.1 Regional Economic Communities 1 1.2 Historical background and legal framework 2 1.3 Organs and institutions 3 1.4 Decision-making processes 3 1.5 Budgets and financing 4 1.6 Relationship with the AU and other RECs 5 1.7 Engagement with civil society 5 1.8 Current debates within the RECs 6 2. The East African Community 9 Abbreviations and acronyms 9 2.1 Historical background and legal framework 10 2.2 EAC organs and institutions 16 2.3 Decision-making at the EAC 26 2.4 Budgets and financing of EAC activities 33 2.5 Relationship with the AU and other RECs 36 2.6 Communication 37 2.7 Civil society in the EAC 38 2.8 Current debates in the EAC 43 Bibliography and resources 48 The Civil Society Guide to Regional Economic Communities | v 3. The Economic Community of West African States 49 Abbreviations and acronyms 49 3.1 Historical background and legal framework 50 3.2 Organs and institutions of ECOWAS 56 3.3 The decision-making process in ECOWAS 75 3.4 ECOWAS finances 79 3.5 CSO and NGO work in ECOWAS 80 3.6 ECOWAS and the African Union 85 3.7 ECOWAS’s relationship with member states 86 3.8 Current debates in ECOWAS 87 Bibliography and resources 90 4. The Southern African Development Community 91 Abbreviations and acronyms 91 4.1 Historical background and legal framework 92 4.2 SADC organs and institutions 99 4.3 The decision-making process in SADC 110 4.4 Budgets and financing of SADC activities 112 4.5 Relationship with the AU 116 4.6 Civil society in SADC 117 4.7 Current debates in SADC 121 Bibliography and resources 123 vi | The Civil Society Guide to Regional Economic Communities The Civil Society Guide to Regional Economic Communities | vii Tables Table 2.1 Different phases in the formation of the EAC 10 Table 2.2 Decision-making tools and their legal effect 14 Table 2.3 Institutions of the EAC 25 Table 2.4 Decision-making processes at the EAC and proposed civil society actions 29 Table 2.5 Meetings of organs of the EAC 30 Table 2.6 Calendar of Activities July to December 2012 – select activities 31 Table 2.7 Distribution of the 2012/2013 financial year budget 34 Table 2.8 Sources and estimated proportion per source for 2012/2013 34 Table 2.9 Disbursements by the EAC Partnership Fund (USD million) 35 Table 2.10 Participation of EAC partner states in different RECs 36 Table 2.11 Provision by the EACT for civil society participation in the EAC 37 Table 2.12 The various platforms and their host institutions 39 Table 3.1 ECOWAS member states 53 Table 3.2 Decision-making tools and their legal effect 55 Table 3.3 The central ECOWAS institutions 56 Table 3.4 Allocation of seats in the ECOWAS Parliament 60 Table 4.1 Key SADC historical events 94 Table 4.2 Amendments to the SADC Treaty 95 Table 4.3 SADC Protocols signed by member states 95 Table 4.4 A sample of ratification of SADC Protocols by country (Y = Yes, N = No) 98 Table 4.5 Agenda template for the Council of Ministers 105 Table 4.6 The 2011/2012 Budget (USD million) 113 Table 4.7 Analysis of approved 2011/2012 budget per intervention area 113 Table 4.8 Status of annual member states’ contributions as at 30 September 2011 (USD million) 114 Table 4.9 <No caption supplied> 115 Table 4.10 Comparative contributions by member states and ICPs to the SADC budget (USD million) 115 Table 4.11 Cross-memberships in RECs by SADC member states 121 The Civil Society Guide to Regional Economic Communities | vii Figures Figure 2.1 The structure of the EAC 17 Figure 2.2 Organisation structure of the EAC 23 Figure 2.3 The decision-making process 28 Figure 2.4 A diagrammatic representation of the Consultative Dialogue Framework 42 Figure 4.1 Key Protocols and how many member states ratified them 98 Figure 4.2 Number of Protocols signed by each member state 99 Figure 4.3 <No caption supplied> 100 Figure 4.4 Structure of the Secretariat 109 Figure 4.5 The decision-making structures of SADC 110 Figure 4.6 Regional Integration Initiatives in eastern and southern Africa 122 viii | The Civil Society Guide to Regional Economic Communities The Civil Society Guide to Regional Economic Communities | ix Acknowledgements The following current and former staff members of Open Society Foundations deserve special mention for reviewing chapters of the Civil Society Guide to Regional Economic Communities: Bronwen Manby, Pascal Kambale, Ozias Tungwarara, Mary Wandia, Ibrahima Kane, Nadia Nata, Josephine Ihuthia and Yaye Ndiaye. This guide was prepared from research by Morris Odhiambo (East African Community), Rudi Chitiga (Southern African Development Community) and Solomon Ebobrah (Economic Community of West African States). The final version of the Civil Society Guide to Regional Economic Communities was edited by Ali Zaidi and Marthina Mössmer. The Civil Society Guide to Regional Economic Communities | ix Background Revitalized regional integration offers the most credible strategy for tackling Africa’s development challenges because of the many weaknesses that overwhelm the limited capacities and resources of individual countries. Collective efforts with dynamic political commitment to integration can help to overcome the daunting challenges. – United Nations Economic Commission for Africa (2004), Assessing Regional Integration in Africa (ARIA I) As regional integration gains momentum, there is growing interest among civil society and citizens to participate in the processes and programmes of regional economic communities (RECs). The constitutive treaties of RECs provide for citizens’ participation, but the accessibility of REC treaties and protocols remains a challenge. Decision-making remains state-centric despite growing citizen and civil society interest in regional integration. The Civil Society Guide to Regional Economic Communities aims to assist citizens and civil society with engaging the policies and programmes of three RECs in Africa: • The East African Community (EAC); • The Economic Community of West African States (ECOWAS); and • The Southern African Development Community (SADC). The following are discussed for each REC: • History and legal framework; • Organs and institutions; • The decision-making process; • Budgeting and finances; • Relationship with the African Union; • Engagement with civil society; and • Current debates within each REC. The Civil Society Guide to Regional Economic Communities also contains a sampling of the experiences of non-governmental organisations that have interacted with these RECs. x | The Civil Society Guide to Regional Economic Communities 1. Executive summary | 1 1. Executive summary Abbreviations and acronyms AU African Union CET Common External Tariff COMESA Common Market for Eastern and Southern Africa CSOs civil society organisations EAC East African Community EACSOF East African Civil Society Organisations Forum ECOWAS Economic Community of West African States EPA Economic Partnership Agreement EU European Union NGOs non-governmental organisations RECs Regional Economic Communities SADC Southern African Development Community SADC-CNGOSADC Council of Non-Governmental Organisations WACSOF West African Civil Society Forum 1.1 Regional Economic Communities Regional Economic Communities (RECs) are the building blocks of the African Union (AU). The 1980 Lagos Plan of Action for the Development of Africa and the Abuja Treaty of 1991 establishing the African Economic Community provide the framework for Africa’s overall economic integration. The AU recognises the following RECs on the continent: • Economic Community of Central African States; • Economic Community of West African States; • Common Market for Eastern and Southern Africa; • Intergovernmental Authority for Development; • Arab Maghreb Union; • East African Community; • Community of Sahel-Saharan States; and • Southern African Development Community. Given the relatively low level of literacy and exposure among their populations, the movement towards people-driven RECs is only achievable with the intervention and active participation of civil society organisations (CSOs) acting as a bridge between the RECs and the peoples of their regions. 1. Executive summary | 1 These RECs have gradually evolved away from purely economic cooperation, which was grounded in their colonial past. Their evolution towards associations of peoples that aspire to true economic, social and political integration – people-driven RECs – has created a “virtuous feedback” that civil society can leverage to great effect. The level of civil society involvement in the RECs’ agenda is still mostly in its infancy. This, arguably, is attributable to the fact that the processes and procedures of these regional blocs and the possible entry points for civil society intervention remain a mystery to many CSOs.