LEGISLATION Acts of the Community

AUGUST 2016 Magazine of the East African Legislative Assembly (EALA) OVERSIGHT

Public hearingJUMUIYA YA AFRIKA MASHARIKI on Burundi

REPRESENTATION Founding First Ladies visit EALA

REGIONAL PEACE AND SECURITY

SOUTH SUDAN Who is to blame?

Grappling with terror: A complex global threat JUMUIYA YA AFRIKA MASHARIKI JUMUIYA YA AFRIKA MASHARIKI

EAC Inter-Parliamentary Games

WINNERS:

Hon Christophe Bazivamo, the EALA Team Captain, receives the footbal trophy that the Assembly won in the last East African Community Inter-Parliamentary Games held in Kigali, Rwanda from the Speaker of the Rwanda Chamber of Deputies, the Rt Hon Donatille Mukabalisa.The Games are a major outreach and sensitization programme to strengthen cooperation within the Community. Participants are members of the national assemblies of EAC countries and the Games are coordinated by EALA. Apart from football, the other disciplines competed for are volleyball, basketball and golf.

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NOTE FROM THE EDITORIAL BOARD

Welcome to the inaugural edition of The Integrator

EDITORIAL BOARD Hon AbuBakr Ogle - Chair The advent of fast and faster news flow often leads to a situation where something Hon Dora Byamukama Hon Pierre Celestin Rwigema essential risks being lost. Hon Dr Nderakindo Kessy An appreciation of this reality, amongst other considerations, necessitated our Hon Yves Nsabimana ambition to break away from this fast flood of news cycle in a bid to tell our side of the story as it should. This magazine is therefore our response to the fierce urgency to pull EDITORIAL back and explain the whole essence of integration in a contextual and insightful manner. COORDINATOR The Integrator is principally our new bold statement to rekindle and sustain a Bobi Odiko dialogue over the fundamental questions related to the entire corpus of community and integration as envisaged by the framers of the Treaty for the Establishment of the East CONTRIBUTORS African Community. Hon AbuBakr Ogle Hon Dora Byamukama Much ground has been covered since its inception, but there are many challenges that Hon Dr Nderakindo Kessy need to be overcome and questions that still need to be addressed to compel the Partner Hon Abdullah Mwinyi States to implement these agreements. Hon Nancy Abisai The independent forum provided in these pages, without purporting to speak Hon Martin Ngoga Hon Abubakar Zein for anybody else other than the contributors themselves, it is expected, will provide the requisite space to discuss, explore, analyze, criticize, and where necessary, offer EDITORIAL solutions to the issues as deemed. CONSULTANTS Further, The Integrator will attempt to offer information on the various phases of Alberto Leny the East African integration process and a provide platform for contributors to share Patrick Mwangi their thoughts on the pertinent issues in a way that facilitates and fosters constructive David Maina-Graphics and interactive debate. Aquarius Media Ltd Besides, through the focus on a thematic area in every edition, we intend to stimulate conversation, inform readers about emerging and contemporary issues and connect PHOTOGRAPHY them to the idea and doctrine of community and integration. Mukhtar Abdul Bolyao The contributions herein are in large part, the considered views of the Members of the Assembly. They could be contentious and perhaps contestable. The articles will be DISCLAIMER hugely opinionated, but never partisan. Opinions expressed by Basically, we hope to bring perspective, without punditry, much less, appear cynical. contributors are not necessarily those of the publisher and may We will aspire to provoke and inspire, never to lecture. After all, we are fully aware that be used, disseminated, and/or as legislators, we are neither the repository of every answer nor a magic wand for the reproduced so long as credit is broad and intricate subject of community and integration. duly given for such purpose. To our esteemed readers, hopefully, you will come to rely on this publication as the choice reference to look out for the thought-provoking, engaging issues that matter in PUBLISHED BY the East African Community at large. The East African Legislative Assembly (EALA), Here is our first offering, dealing with the critical subject of peace and security in the East African Community region – in a manner that is not the sort of consequential stories that are not always the Headquarters, stuff of daily headlines. So, sit back, relax and enjoy reading The Integrator. P.O. Box 1096, Arusha, Tanzania. Tel: +255-27-2162122 Fax: +255-27-2162179 Website: www.eala.org Hon Amb AbuBakr Ogle

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CONTENTS Founding First

AUGUST 2016 Magazine of the East African Legislative Assembly (EALA)

JUMUIYA YA AFRIKA MASHARIKI Ladies visit EALA Members were privileged with the honour of hosting the founding First Ladies of the East African Community, Mama Ngina Kenyatta and Mama Miria Obote, who made a historic visit to the This edition of the Assembly and rekindled new look East African nostalgic memories for good neighbours. Legislative Assembly (EALA) magazine now known as The Integrator, has been Reading of revamped to provide in- the Budget depth coverage of the Assembly’s mandate The 2016/17 Budget totaling $101,374,589 and its activities. was debated and passed With a thematic in the House. The approach to the various theme was ‘Towards issues affecting the Full Implementation of citizens of the East the EAC Common Market African Community, Protocol and Enhancing contributors have in Full Implementation of the EAC Common Market this issue devoted Protocol’ attention to peace and security in the region. Remembering Hafsa Mossi The entire Community and African continent was in a state of shock and grief following the assassination of Burundi’s Hafsa Mossi. EALA members pay glowing tribute to a colleague who left an indelible mark in the work of the Assembly.

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COVER STORY Regional peace and security 16 Peace and security are vital in the establishment and success of a community.

20 Learning from the Rwanda example to foster and attain unity and reconciliation.

23 Protocol mandates Partner States to promote peace and security in the region. in this issue: 26 How negative ethnic hostility 42 breeds conflict and leads to SOUTH SUDAN violence in the society. Who is to blame? 30 The East African Amani na usalama katika Community’s newest Jumuiya ya Afrika Mashariki - member, South Sudan, is tutumie mbinu gani? again facing turmoil and uncertainty following 34 a fresh outbreak of The vital role of gender in violence. What is wrong? conflict management is increasingly being recognized. 46 38 The Committee on Regional REIGN OF TERROR Affairs and Conflict Resolution A global complex report on Burundi. Terrorism has become a global threat, instilling fear, pain and destruction across the world. Nations continue exploring ways of tackling a complex phenomenon.

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word FROM THE Speaker A new dawn for EALA in magazine re-launch

The Integrator has arrived - refreshing, inspiring and innovative. The relaunch of Bunge la Afrika Mashariki as The Integrator is symbolic to the Assembly in many more ways than one. I congratulate the Editorial Board for this new innovation which re-positions the East African Legislative Assembly (EALA) magazine. Over the last five years since inception, the magazine has gone a long way in marketing and publicising the work of EALA as provided for and articulated by Article 49 of the Treaty for the Establishment of the East African Community (EAC). It is certainly clear that the millennial citizens of the region are hungry for dialogue about everything from political hot topics, conversation on integration, to everyday tips of what is transpiring within the borders of the six Partner States. The re-branding of the magazine is thus timely, given its fresh impetus to report beyond what is happening at the regional Assembly. Indeed, the EAC encapsulates a people-centred integration process, making it imperative to constantly appraise the people on pertinent developments, plans and goals. At the same time, to make integration flourish, it is important to give the Community’s citizens a chance, a fora and an avenue to voice their concerns and articulate on the issues that affect them. The Integrator is The entry of The Integrator thus fills in this niche, as it is expected to devote editorial expected to be space to connecting with the citizens’ diverse shades of opinion on one side, while offering educative, informative, entertaining and transformative content on the other. For the first its own curated time, some core articles shall be translated into Kiswahili in a bid to widen the readership publication, full and embrace the lingua franca of this large constituency in the East African region. of high-quality The magazine will also offer critical insights into integration and illuminate the role of EALA in the process. The Integrator is expected to be its own curated publication, full content. of high-quality content carefully designed for specific readership. Each edition shall henceforth be thematic-driven. We roll off this edition by looking at Peace and Security, a critical component of integration. The EAC region attaches great importance to matters of peace and security. Partner States agree that regional peace and security are pre-requisites to enhancing social and economic development. A number of salient issues that call for cooperation remain vital, including good neighbourliness, enhancement of joint patrols to promote border security and enforcement of mechanisms in pursuit of criminals. This issue takes interesting insights within the broader perspective of maintaining peace and security in the region. Unpacked therein are articles on embracing constitutionalism to ensure democratic ideals, guarding the very social fabric of our society as well as in-depth analysis on what we as a region can do to reverse the trend of insecurity and address the causes of conflict in the region. Similarly, our very Regional Affairs and Conflict Resolution Committee has also played a critical part in this dispensation. You will find an expose on the Committee’s experience whilst handling the recent public hearing on the deteriorating human rights situation in Burundi. The articles are authoritative, well-researched pieces delivered in a concise style that makes reading friendly and captive. I welcome you to take this path with us as you enjoy reading your copy of The Integrator.

Rt Hon Dan F. Kidega Speaker

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EDITORIAL Peace and security vital for integration

It cannot be gainsaid the East African Community (EAC) aims to achieve prosperity, competitiveness, security, stability and political unification. Ultimately, the EAC, made up of Burundi, Kenya, Rwanda, Uganda, Tanzania, and its newest member, South Sudan, aims at creating a political federation to expand and reinforce regional economic, political, social and cultural integration. The EAC hopes that its citizens quality of life shall be improved through enhanced security, greater competitive capacity, and value added trade and investment. However, analysts contend that integration can and will only succeed if peace, stability and security prevails throughout the region It is no secret that today the region faces a myriad of challenges. Terrorist attacks, religious tensions, piracy along the coastline, disputes and battles over scarce natural resources, human and drug trafficking, as well as organised crime are but some of the challenges troubling the Community. In recent times, the violent conflict been witnessed in the republics of Burundi and most alarmingly in South Sudan should worry and seriously so, citizens of the EAC The EAC region Partner States. The regional Assembly has within its mandate galvanized some efforts must develop in the Republic of Burundi by way of a public hearing following a petition that was lodged an integrated by the civil society. In this issue, The Integrator takes an in-depth analysis into matters based on the approach that theme of Peace and Security, as well as delving into some of the initiatives premised on encompasses addressing the root causes and sources of grievances and ills in the society. all the sectors Governance challenges, negative ethnicity and socio-economic inequities contribute to injustices and conflict, with the resultant effects of underdevelopment, manifested in high levels of poverty, human rights violations and youth unemployment, among the other factors that afflect citizens. It is vital is for the region to develop integrated approaches that encompass a range of sectors and thematic concerns that address all possible sources of threats to peace and security. Ideally such narrative should and must include a wide array of areas including governance, human rights, environmental affairs, economic and social justice, as well as the social, economic and political inequalities within Partner States. EALA acknowledges the need for increased and greater responsibility at the regional and continental level in so far as funding security initiatives and qualitative investments are concerned. Similarly, the region needs to upscale the cooperation and collaborative efforts in maintaining peace and security in the region. The editorial team of The Integrator is encouraging you, our valued reader, to read comment and give feedback on the interesting articles contained in this edition. Essentially, the EAC no longer needs to react... it must act! The Community must define the moment and rally the region to a cause that citizens hold so dear – that which upholds the values of peace and tranquil in our midst.

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BRIEFS State of EAC Address wins A historic accolades decision EALA members congratulated President John Pombe Magufuli for the concise exposition of EAC on anthem policies contained in the State of the EAC Address, delivered at the March session in Dar es Salaam. and flag The Prime Minister of the United Republic of Tanzania, the Rt Hon. Kenya’s President Uhuru Kenyatta Majaliwa, Kassim Majaliwa, delivered and his Cabinet late last month the State of EAC Address on behalf of made a historic declaration that President Magufuli President Magufuli, who is the Chair of the East African Community (EAC) the Summit of EAC Heads of State, on He urged the region to push for the flags shall henceforth be hoisted 8 March 2016 at the commencement total removal of non-tariff barriers in all government institutions and of the 5th Meeting of the 4th Session. (NTBs). On the Common Market, schools. The speech presented a scorecard President Magufuli gave an account of In addition, the Cabinet also on a number of areas related to achievements realized in the Partner decreed that Kenya’s national the pillars of integration. It cited States to date. He remarked that the anthem shall in future be major progress under the Customs Republic of Burundi now recognizes performed alongside the regional Union including the completion and the academic qualifications, anthem. operationalisation of seven out of the experiences obtained, licences and The Kenyan chapter of the envisaged 15 One Stop Border Posts certifications obtained for the workers East African Legislative Assembly and enhanced trade facilitation. from other EAC Partner States. (EALA) has been in the forefront in “Trade is now at 23 percent, over The United Republic of Tanzania the campaign to have the EAC flag and above intra-African Trade figure on its part, has issued a total of 3,222 and the rendition of the regional of 12 percent. “There has been a 300 simplified Certificates of Origin as anthem in what they rightly percent increase in the value of trade at June 2015, compared to 2,355 felt would take the integration from 2 billion USD in 2005 to 6 billion certificates issued in 2014. In Kenya, agenda a notch higher. USD in 2014. These numbers coupled an SMS-based NTBs Reporting System “This is truly what it means to with the combined GDP of 110.3 billion to facilitate reporting and subsequent deepen and widen EAC integration makes our region a formidable trading elimination has been developed. indeed! We are really so elated by bloc,” said President Magufuli. the decision of our Cabinet that will now ensure that the EAC flag is prominently hoisted in all government institutions and schools,” said Hon Nancy Abisai, New interactive website launched the Kenya EALA Chapter Chair. The performance of the In March, EALA Speaker, the Rt Hon Daniel Fred Kidega, re-launched a hugely popular and melodious new interactive website. The website which was developed with technical Jumuiya regional anthem in all assistance from Westminster Foundation for Democracy (WFD), is expected Kenyan national institutions to leverage the Assembly as it disseminates information to the public. and schools will also serve as an The website has been enhanced with interactive features which include instrument for the sensitization a social media platform – Twitter, Facebook and Flickr capabilities - which of the Community’s importance are expected to draw more visitors and to the website. It also now makes in our national development, she it possible for EAC citizens to share the content of the website with other added. users, engage and leave comments while also raising expectations about Hopefully, the Jumuiya what next to expect. regional anthem will in due course The Assembly has over the last few months improved the use of be sang at the international Information and Communications Technology (ICT) for better public sports stage when Kenyan world information dissemination and to enhance outreach programmes that beaters in athletics clinch gold, as promote wider public participation. they customarily do.

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TRIBUTE

1964 - 2016 Hafsa Mossi

Member leaves a decisive impact on the work of the Assembly

The Assembly was united in its condemnation of the thoughtful contributions she made to the Standing brutal assassination of the late Hafsa Mossi during an Committees she served in, and on the floor of the extraordinary sitting, a week to the day of her death. Assembly. Besides condemning the despicable and utterly Quiet spoken, Hafsa was in equal measure, heinous murder of their colleague, Members were unassuming, deeply rooted in her community, fine- equally concerned about the heightened insecurity grained, bright and steady – sometimes exacting a in Burundi and expressed their displeasure that hybrid of many roles as patron of the local mosque and sovereignty has often been invoked, compounded mentor to youngsters in her Gihosha district locality. by the apparent laxity by the EAC in resolving the As a communication chief to the Presidency in the conflict. That, even as the ordinary citizens and high- first negotiated government in Burundi after the long profile political, military and professional and bloody conflict, Hafsa once confided, figures are killed, in many cases through that she was never afraid to speak targeted assassinations. truth to power. While the print Members referred to the more journalist would often rant and than seven instances that the rave, the electronic journalist Third Assembly expressed she once was demanded that itself on the deteriorating she remained cool, calm and political, human rights calculated. and humanitarian crisis in “You know, as a Burundi through motions, spokesperson, you had resolutions and petitions, to be able to read the tea yet no concrete action leaves,” she explained. has been taken to stem Above all, Hafsa had the tide of assassinations, such a vehement devotion extra-judicial and arbitrary to her family, including killings. (The Report of the her aged and ailing Regional Affairs and Conflict mother, Moza Sintuka, and Resolution Committee is particularly to her young discussed elsewhere in this daughter, Aimaan whom she magazine). adored so much and her two Gregarious and good company, other loving daughters Dada and Hafsa was a rare personality. A Astona Nahimana. gracious, loyal, fiercely private, beautiful Hafsa was shot at point blank range and generous woman – at all ages! Her as she left her home in Gihosha district, intelligence was incisive and broad in a manner northwest of the capital, Bujumbura. commensurate with her full and fluent mastery of all She began her journalistic career in 1993 with the languages she spoke: English, French, Kiswahili, the Channel for Africa in South Africa. Hafsa is best Kirundi and Kinyarwanda. remembered as a producer for the BBC Swahili service Hafsa could tell you everything,from the trending where she moved to in 1998. perfume or cologne, jewelry and elegant fashion to May the Almighty Allah rest her soul in Jannat –ul- gardening and business or how to render a wall. Firdaus. Ameen! The late member had such a decisive impact on the work of the Assembly, divine and meticulous in the

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Honoured Founding First Ladies distinguished visitors

It was a rendezvous and a memorable recognising the contribution of the occasion for EALA when the founding founding families. First Ladies of the East African In her speech, Mama Ngina Community (EAC), H.E. Mama Ngina Kenyatta informed the sitting that Kenyatta and H.E. Miria Obote EAC’s founding fathers had “walked delivered motivating speeches at a and worked tirelessly” in anticipation Special Sitting of the Assembly on 31 of the region’s unity. May 2016, in Arusha. “In 1967, all three of us were Graceful and radiant, the two witnesses to the establishment of distinguished guests brought back a Community that spoke to a shared the good old memories of the original sentiment. The EAC was built on the Community and challenged EALA understanding that our nations and members to ensure that integration is our peoples were stronger together. I realised and guaranteed. The United request you to keep the hope of the Republic of Tanzania’s founding founding fathers alive and to ensure mother, Mama Maria Nyerere, sent that unity in the region is achieved”, her apologies. Mama Ngina said In her remarks, Mama Miria “It is a credit to your hard work Obote challenged the EAC to re- and persistence—and the hard work energise itself and strive to be a fully functioning integration bloc. “This objective can be achieved Let us keep through joint or common EAC the hope of investments such as the ongoing the founding projects between Uganda and Tanzania for the proposed pipeline, fathers alive Uganda, Rwanda, Tanzania and Kenya and maintain for the Standard Gauge Railway and our unity Kenya, Ethiopia and South Sudan for the Lamu Port. The clear call should be an intensification of efforts across and persistence of your respective various fields to make our region Governments—that today, that more integrated.” Mama Obote said Community is more vibrant and active Mama Ngina Kenyatta speaks She further called for the region to than ever”, she added. move faster to have an integrated Mama Ngina Kenyatta urged EALA great region, and are supportive of education syllabus and curriculum to and EAC to remain united to the ideals the EAC unto this day,”, he said. stabilise the labour market within the of integration. Welcoming the guests, And at its Sitting on 16 March 2016, East African Community. EALA Speaker, the Rt Hon Daniel Fred he said EALA passed a resolution “For instance, a majority of Kidega, lauded their contribution to recognizing the role the founding First Ugandans have never learnt proper the integration process. Ladies continue to play in galvanizing Kiswahili. We are now learning proper “Today, we celebrate you. You are East Africa in the integration process Kiswahili in our schools and through walking encyclopedias in your own and in the service of East Africans as public engagement. This is the best rights and repositories of information, “informal Institutional memory”. way towards integration,” she added. who despite ageing gracefully, still The resolution was moved by Hon Mama Miria Obote praised EALA for credit, follow developments of this Mumbi Ngaru.

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ORIGINS Tracing the roots of the East African Community The East African Community (EAC) is Jomo Kenyatta Mwalimu Nyerere Milton Obote an intergovernmental organisation composed of six countries in the African Great Lakes region in eastern Africa: Burundi, Kenya, Rwanda, Tanzania, Uganda and South Sudan. The organisation, founded originally in 1967, collapsed in 1977, and was revived on 7 July 2000. In 2008, after negotiations with the Southern Africa Development Community (SADC) and the Common Market for Eastern and Southern Africa (COMESA), the EAC agreed to an expanded free trade area including the member states of all three organizations. The EAC is an integral part of the African Economic Community. The EAC is a potential precursor to the establishment of the East African Federation, a proposed federation of its members into a single sovereign state. In 2010, the EAC launched Christine Pratt, Hon Makongoro Nyerere, Mama Ngina, Hon Akena Obote its own common market for goods, and Mama Miria Obote. labour, and capital within the region, with the goal of creating a common currency and eventually a full political federation. In 2013 a protocol was signed outlining their plans for launching a monetary union within 10 years. Kenya, Tanzania, and Uganda have cooperated with each other since the early 20th century. The customs union between Kenya and Uganda in 1917, which the then Tanganyika joined in 1927, was followed by the East African High Commission (EAHC) from 1948 to 1961, the East African Common Services Organization (EACSO) from 1961 to 1967, and the 1967 to 1977 EAC. Burundi and Rwanda joined the EAC on 6 July 2009. Inter-territorial co-operation between the Kenya Colony, the Uganda Protectorate and the Tanganyika Territory was first formalised in 1948 by the EAHC. EALA members welcome the founding First Ladies.

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SECRETARIAT Assembly approves budget

In June,the East African Legislative Assembly (EALA) debated and passed the 2016/17 Budget totaling $101,374,589. With the reading and passing of the Budget, the organs and institutions of the East African Community to effectively carry out their operations during this financial year. The Budget, whoe theme was Towards Full Implementation of the EAC Common Market Protocol and Enhancing the Implementation of the Monetary Union Protocol, prioritizes full implementation of the EAC Single Customs Territory and the enhanced implementation of the EAC Common Market Protocol. The Budget Speech was presented by the Chair of the Council of Ministers, Hon Dr Susan Kolimba. Debate was preceded by presentation of the Report of the Committee on General Purpose on the EAC Budget Estimates for Revenue and Expenditure for the Financial Year 2016/17, by Hon Dr Odette Nyiramilimo. The Budget is allocated to the EAC Organs and Institutions as follows; East African Community Secretariat ($57,741,185), East African Legislative Assembly ($16,086,224) and the East African Court of Justice ($4,286,477). The Chair of the Council of Ministers, Hon Dr Susan Kolimba and the East The Inter-University Council for African Community Secretary-General Ambassador Liberat Mfumukeko East Africa shall receive ($4,553,890), before the presentation of the Budget. Lake Victoria Basin Commission ($11,214,708) while $2,131,422 inadequate funding which has been instruments of the business manuals, is earmarked for the Lake Victoria dwindling over the last three years. passage of key pieces of legislation by Fisheries Organization. A number of successes were EALA, deployment of SCT Monitoring On their part, the East African registered in the Financial Year and Evaluation tools and deployment Science and Technology Commission 2015/2016, notably, upscaling of of staff in some Partner States. shall receive ($1,196,542), East the Single Customs Territory (SCT) However, EAC similarly faced a African Kiswahili Commission ($ through finalisation of operational number of challenges including that 1,179,542) and the East African Health of the slow pace of harmonisation Research Commission ($1,397,438). of domestic taxes to facilitate the The East African Competition The Budget functioning of the SCT and inadequate Authority is to benefit from $ is allocated staffing particularly in the run-up to 1,587,565 in the Financial Year. annually for the the exit of staff in 2017. Meanwhile, EALA’s General The long decision-making processes Purpose Committee emphasised the operations of and the delays in remittances of funds efficient use of Community resources the EAC organs from Partner States and development while urging the Council of Ministers and institutions partners are other bottlenecks. to seriously look into the issue of

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PARLIAMENT

EAC Speakers pose for a group photograph following the 11th Bureau of Speakers meeting in Arusha.

Speakers of the East African Community (EAC) parliaments are looking forward to the operationalisation of the East African EAPI close to reality Parliamentary Institute (EAPI). The Speakers are optimistic that EAPI shall help build the capacities of legislators,parliamentary staff andafter Speakers meet other stakeholders in parliamentary practices, contributing to the widening and deepening of integration. Bureau of Speakers is rotational and is On terrorism, the Forum noted with On 29 April 2016, the EAC Bureau held for a period of 12 months. concern the damage and pain inflicted of Speakers held the 11th Meeting in Speaker of the Kenya National by the atrocious acts across the globe. Arusha, Tanzania and discussed at Assembly, the Rt Hon Justin Muturi The Speakers asserted the position length the operationalisation of the and Speaker of the Senate, the Rt Hon that there were no ‘good’ or ‘bad’ EAPI and considered of key areas to Ekwee Ethuro as well as the President terrorists, and that all such groupings strengthen integration. (Speaker) of the Burundi Senate, the Rt have to be fought ferociously, urging National legislatures and EALA are Hon Reverien Ndikuriyo attended the for solidarity to protect the destiny of to commence the process of budgeting Forum. the Community. within the Financial Year 2016/17, The Rwanda Chamber of Deputies The one-day meeting was preceded with the anticipated launch of the was represented by the Deputy Speaker, by a two-day meeting of Clerks, which, EAPI now in high gear. Under the EAPI Hon Jean d’Arc Uwamaninpaye, while among other things, reviewed the Act, 2011, the EAC Speakers form the the 2nd Deputy Speaker of the Burundi mandate of the Bureau, discussed Board of Trustees and are expected to National Assembly, Hon Nduwimana modalities of operationalisation of act conclusively on where the Institute Edouard, represented the Speaker, the EAPI, and reviewed several emerging shall be hosted and advise the Council Rt Hon Pascal Nyabenda. The Bureau challenges in legislature in the region. of Ministers on the same. The EAPI received the apologies of the Speaker The Bureau of the EAC Speakers is Act passed by EALA, now awaits to be of Parliament of Uganda, the Rt. Hon the umbrella body that EALA and the gazetted by the Council of Ministers. Rebecca Kadaga. national assemblies utilise to champion At the Bureau meeting, EALA The meeting underscored the the cause of parliaments in the region, Speaker, the Rt Hon Daniel Fred Kidega need to enhance functional relations that of enacting legislation, oversight also took over the Chair from the between the national legislatures and representation and plays a key Speaker of the Parliament of Tanzania, and EALA. The Speakers presented advisory role to the Summit of the EAC the Rt Hon Job Ndugai. The Chair of the progress reports to the Forum. Heads of State.

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1 1

President Uhuru Kenyatta joins Members 1 moments after delivering a speech to the Assembly during its session in Nairobi. EALA Speaker, the Rt Hon Dan Kidega displays 2 the EAC flag in front of the Assembly.

Hon Dora Byamukama contributing on the 3 floor of the House.

EALA Elders Hon Leonce Ndarubajiye and Hon 2 4 Twaha Taslima reflect on proceedings.

3 4

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5

Members of EALA test their muscle power in 5 a tug-of-war competition during the Inter- Parliamentary Games in Kigali. President Yoweri Museveni is received by the 6 Council of Ministers before addressing the Assembly at its sitting in Kampala. Hon Shy-Rose Bhanji argues her point on the 7 floor of the Assembly.

Hon Dr Martin Nduwimana stresses a point 8 during debate in the Assembly. 6

7 8

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COVER STORY Which way? Peace and security in the Community

A critical imperative for the integration of the East African Community concerns two interrelated matters - peace and security, two intertwined goals which could shape and determine what type of a community is established and how successful it becomes, writes Hon Abubakar Zein

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ne of the critical imperative for the an early warning system are being developed. The integration of the East African Community situation room is operational albeit, with a skeleton concerns two interrelated matters staff. The newsfeed and other intelligence gathered that are peace and security. These is complimented with reports of EAC monitors on two intertwined goals might very well the ground. Oshape and determine what type of a community is The reports coming from the early warning established and how successful it becomes. system have been fairly accurate so far. But the These two matters are also the cornerstone missing link in the system is the required early of the EAC Peace and Security architecture, the response mechanism, as the situation leading to devolved aspect of the African Peace and security the Kenyan Post-Election Violence in the 2007 and Architecture (APSA). the ongoing challenges to peace and The East African system mirrors the security in Burundi demonstrates. African one and has principally seeks, A number of In both cases, there were adequate amongst others, to establish a peace interventions warnings but the Community was and Security Council, a panel of the have been made unable to act. wise, an early warning system, a peace There is progress made in fund and an East African Community to put in place developing a regional framework for Stand-by force. the necessary the co-operation between Partner It is an institutional framework that infrastructure States armed and other security is nonetheless, dependent on the forces. This co-operation ranges from completion of the ratification of the joint military excises, developing EAC Defense Protocol, the EAC Peace and Security the interface of command and control structures Protocol and other legal instruments including the and sharing of intelligence. One of the major establishment of the Political Federation and its joint ventures has been the anti-piracy task force attendant legal infrastructure. operating in the Indian ocean. So far, a number of interventions have been One could also cite other examples of ad hoc undertaken at the level of the Secretariat in Arusha progress being made but is presently hindered by and at the Partner State levels while waiting for the non-completion of the ratification process of the necessary Peace and Security infrastructure to be Peace and Security as well as the Defence Protocols. put in place.For instance, the first components of But what is indeed holding back tangible progress

Uprooted by conflict, a refugee and her earthly belongings heads to an unknown destination.

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SPECIAL REPORT in completing and fully activating the Peace and Security architecture for the East African Community? I believe progress is being hindered by the Partner States not agreeing on which approach to use in unpacking the architecture. I hold the view that there are two main ways of approaching the desire of establishing a peaceful, safe, secure and stable community.

The First Approach The first one will be based on approaches and interventions that seek to establish mainly security for and within Partner States. Then, the sum total of that security of Partner States will be the basis for saying there is peace and security in the Community. In this approach each of the Partner State will determine what peace and security means in their jurisdiction. This determination will be augmented by a loose common arrangement at the Community level without a strong enforcement mechanism. This approach is wholly dependent on the goodwill of the Partner State and its institutions. It is based on guarding jealously state sovereignty. A protester demonstrates in style following political tension in Bujumbura Under this approach, the Partner State will determine how much policy space security and peace in its jurisdiction or could trigger direct intervention of the it will open and withhold the right to even the region. Community without the permission vary or even withdraw from shared It looks like this is the approach that of the affected Partner State or even policy space. currently obtains in the Community. invoke sanctions as envisaged by the Under this approach, what suffices The reluctance to move away from Treaty for the establishment of the is the old Organization of African Unity the pre-eminence of the philosophy Community. (OAU) philosophy on absolute respect of exclusive state sovereignty is what In my opinion, this is why the of sovereignty and colonial borders defines the affinity to the status quo. provisions of the Treaty that deal with including accepting in absolute terms It is my opinion, that Partner the ultimate enforcement of the Treaty the principle of non-interference in States prefer this approach and obligations have not been given effect. domestic affairs of states from other therefore will take a long time to Article 146 on the suspension of a states. Even in glaring cases where complete the activation of the EAC member, Article 147 on the expulsion there is clear and present danger Peace and Security architecture of of a member or even Article 148 on and threat to peace and security, the the Community. Clearly, the Treaty exceptions to the rule of consensus Community will not be able to act for the establishment of the East in decision-making, do not have a without the consent of the concerned African community does not support framework or even procedures for Partner State. this approach but Partner States’ their implementation. In a situation where the Partner contention is that a different approach In my opinion, this is why the State is unwilling to “invite” the can only be viable with time and with provisions of the Treaty that deal with Community to participate in addressing the further integration that will allow the ultimate enforcement of the Treaty challenges to peace and security in its for the adoption of shared sovereignty obligations have not been given effect. jurisdiction the Community becomes on some aspects. To a number of Article 146 on the suspension of a impotent to act. Worse still, the Partner States, this phase will only be member, Article 147 on the expulsion Community may become completely reached after the conclusion of the of a member or even Article 148 on immobilized from responding where Political Federation stage. exceptions to the rule of consensus the Partner State or its institutions This state of affairs partly explains in decision making, do not have a are either the source or are perceived why the Partner States have so far framework or even procedures for as a contributing factor to threats to not put in place any mechanism that their implementation.

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SPECIAL REPORT Strategic reflection of today’s challenges

The President of the General Assembly, Mogens Lykketoft, organised a high-level Thematic Debate of the UN General Assembly, focused on UN, Peace and Security on 10-11 May 2016. This event served as a platform to identify key threats and engage in a strategic reflection about today’s challenges to international peace and security. Furthermore, it allowed for consideration about the means, tools and instruments available within a UN-context to tackle these challenges as well as the responsibilities and institutions Security forces restrain protesters during the heat of the demonstrations. required for an effective collective security architecture. The Second Approach including governance, human rights, The thematic debate built on The second approach, which may be environmental affairs, economic and the common trends and synergies called the collective and integrated social justice, addressing issues of from the most recent UN peace approach, will be based on a shared set inequality including between Partner and security reviews, including of values at the Community level with States and within Partner States and the review of UN peace operations a clear and strong implementation so on. [on the basis of both, the High framework at both Community level Further, it seeks to secure peace Level Independent Panel on Peace and Partner State levels. as the establishment of harmony Operations and the Secretary- The conceptualization of the terms and tranquility at a personal level, General’s report on the future “peace” and “security” will be anchored between individuals, groups of of UN peace operations], the in the Community instruments and people and between nations, with the Peacebuilding Architecture Review implemented at an institutional environment etc in the Community. It and the Global Study on the framework that binds both levels. will also seek to build the capacity and implementation of Security Council This is indeed the approach that establish the necessary institutional Resolution 1325 (2000) on women, is envisaged by the Treaty and the infrastructure for the Community peace and security’ instruments that have so far been to address fault lines and potential Staging a series of coordinated, developed including the Defence and factors of conflict before they emerge independently organized regional Peace and Security Protocols. or get out of hand. workshops and seminars, the This approach will develop It is therefore my considered thematic debate took place as an integrated approach that opinion that as a Community, we need the world is considering how best encompasses a range of sectors and to make up our minds that Peace and to implement the ambitious and thematic concerns that address all Security are the necessary ingredients wide-ranging 2030 Agenda for possible sources of threats to Peace which forms the basis of building a Sustainable Development as well and Security. In its conceptualization, strong Community. It is the critical as the Paris Agreement on climate it will address both aspects of physical trigger to deepen and widen the change and who – as the next violence and structural violence as desired EAC integration so that we can Secretary-General – will lead the UN threats to peace and security. It will truly become “One People with One in this and other equally vital tasks. cover a wide array of policy space Destiny.”

August 2016 The Integrator 19 JUMUIYA YA AFRIKA MASHARIKI JUMUIYA YA AFRIKA MASHARIKI SPECIAL REPORT Rwanda Constitution fosters democracy Rwanda’s Constitution, writes Hon Martin K. Ngoga, is conscious of the country’s tragic history but is also mindful that peace, security, unity and reconciliation can be attained through consensual and pluralistic democracy founded on power-sharing.

he state of Rwanda as is today, countries past and experiences rose from the ashes. Literally. Its influence their choices in Constitution Constitution thus of necessity making process, another constitutional and experience, reflects that expert, Kristi Samuel suggests, “In Treality. The Rwandan Constitution, post-conflict or post authoritarian in its preamble, is therefore explicitly transition, a new Constitution often conscious of the tragic history of the acts as symbolic break with the past President Paul Kagame country but at the same time mindful and creates expectation that a new amongst others, that peace, security, peaceful phase in the country’s history unity and reconciliation can be attained is about to begin. Moreover, inclusive It revolves around equitable sharing through building a state based on and participatory Constitution making of powers among people organised in consensual and pluralistic democracy. process legitimize the Government, political parties. It is captured as one of Now, how would the Rwandan provide a forum for national dialogue fundamental constitutional principles experience of power-sharing and/or and negotiation of decisive issues and it is further elaborated in terms of Government of National Unity, is widely and can play a psychological role obligations, prohibitions and political referred to in other quarters, possibly in developing a sense of nation, by accountability by political parties. help ameliorate persistent political including the citizens in developing a The Constitution provides for the squabbles that threaten the state’s common vision for the future of their right to organise, including organizing peace and security and to some extent, country”. in political formation and to participate its own existence, in other parts of the in equal measure in the country’s East African region? Decisions made political governance. There is express This is indeed a very vexing issue, in any country recognition of political parties whose but as it is widely acknowledged, formation must conform to the law and constitutions and electoral systems will always must be regulated by the specific law that determine how the political be tailored to determining the establishment and agenda is set and how binding political the concrete functioning of political parties. decisions are made in any country will Every Rwandan has a right to join a always be tailored to the concrete experiences political party and those who opt not experiences and needs of any given to belong to any political party should country. Among the key choices in Rwanda’s not, according to the Constitution, be This reality is put more succinctly constitutional governance path was subjected to any form of discrimination by American scholar, Theodore Becker, the principle of power sharing which as a consequence. when he puts forth “Each of the specific itself is a set of principles that, when Further, political parties are guarantees on individual liberties in carried out through practices and obligated to reflect the unity of the Bill of Rights was a grim reminder institutions, provide every significant Rwandans, observe gender equality of searing colonial experiences. Just identity group or segment in a society and prioritize national unity and reading them is a description of what representation and decision making on territorial integrity. These obligations had happened regularly to the patriots common issues. should be observed across the who had fought the tyranny of the According to the Rwandan structures of a political party, in its (British) King’s forces. Constitution, this principle is mainly leadership and membership at large. To further emphasize how the implemented through political parties. As such, political parties are

20 The Integrator August 2016 JUMUIYA YA AFRIKA MASHARIKI SPECIAL REPORT Rwanda Constitution fosters democracy

Legislators debate during a Rwanda Parliament session.

prohibited from basing themselves organization holding the majority of the Senate and the forum of political on any form of discrimination and seats in the Chamber of Deputy cannot organizations. To this effect, the divisionism based on race, ethnic group, have more than fifty per cent (50%) of Constitution provides: tribe lineage, region, sex, religion or Cabinet members. It is not prohibited “The Senate in particular monitors any other division which may lead to for other competent persons to be the application of fundamental discrimination. appointed to the Cabinet principles specified in Article 10 and Having provided for the right to In Parliament, the principle of that of the provisions of Article 56 and organize in political parties, their representation of various categories 57 of this Constitution” obligations and prohibitions, the is respected as provided for by the It is important to note at this Constitution of Rwanda provides for Constitution and other laws”. point, that in order for the Senate to power sharing in the following terms: Having provided for power-sharing meaningfully exercise this oversight “Power sharing is respected in State among political parties and competent regulatory function, its membership Institutions in accordance with the citizens not belonging to any political is not drawn on the basis of political fundamental principle set out under party, the Constitution goes ahead organizations. Article 10 of this Constitution and the to create mechanisms of checks As regards to the forum of political other provisions of other laws. firstly, to ensure observance of the organizations, the Constitution The President of the Republic and Constitutional principles by political provides: the Speaker of the Chamber of Deputy organizations. as well as providing a “The National Consultative Forum of cannot come from the same political platform for political parties to exercise Political organization brings together organization. Cabinet members are their diversity in unison, to rally their political organizations for the purpose selected from political organizations different ideologies around causes of of political dialogue, and building on the basis of seats held by those common interest. consensus and national cohesion. political organizations in the Chamber These mechanisms are exercised The functioning of the National of Deputy. However, a political through the powers conferred upon Consultative forum of political

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President Kagame acknowledges greetings from Rwandese citizens A woman casts her vote to exercise her in the countryside. democratic right. organizations is provided for by the models. This artificial rallying around itself be a ground for deregistration. organic law determining modalities western models cannot, as a natural That said, the practical question is functioning of the National consequence, stand. This explains “can a political party that opts not Consultative forum of political why parties opt to coalesce around to participate and bring their ideas organizations is provided for by the ethnicity, regionalism and other around the table for consensus, be, organic law determining modalities for populist and divisive tendencies. as a strategy, more persuasive to the the creation of political organization, What all this means and which electorate?” their functioning and the code of is what informs Rwanda’s choice is My view is that it would all depend conduct of their leader“ that we have more in common and on the state of deliverables by those Apart from these key oversight and therefore if we can find our way around sharing powers against those that regulatory entities, the Constitution the same table, we can mitigate the choose to stay out. It is therefore a provides for a wide range of oversight matter through Civil Society, media and That has been the choice of Rwanda. administrative structures. The choice It has been the choice in which diversity As matter of fact, political parties of Rwanda is is managed in unity, the choice by in Africa are not premised on strong that in which which differences are rallied around ideological differences. They are common interest of the nation. It is a premised on how different from diversity is choice where political parties are not each other they claim to have better managed in for divisive purposes but for advancing prescription for common problems. unity national agenda, one that is commonly They claim to have better approaches set through consultation and dialogue. and genuine commitments to fight It is a choice that underscore the corruption, poverty and that they consequences of confrontational fact that it is not the interest of the can move the development agenda politics. The criticism goes, “can elite few that matter, but what can faster. These are methodical and not opposition thrive and be strong under positively change the lives of majority ideological differences. this model?” citizenry. The people of Rwanda The absence of deep ideological It must be noted where a political realized that these objectives cannot differences is what causes political party is not in breach of Constitutional be achieved unless, without prejudice parties in Africa to align their ideologies prohibitions, opting to stay out of to democratic elections, governance to the classic template western institutions governance cannot in and power is shared.

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eace and security are so vital that we cannot start to discuss Protocol on peace principles of good governance or Prespect for human rights when bullets are flying over our heads and we are will accelerate EAC paralyzed by fear. Having lived in Uganda as a young person in the period between 1971- 1986; I know first-hand what it means political federation to be gripped by fear, fear to turn round a street corner because you do not know what awaits you, fear to go home by road, as a student, a distance of about 300 kilometres, because Partner States of the East African Community you were likely to ambushed, raped undertook to ultimately establish a political and killed. At one time, our parents chartered a plane to fly us home in federation and to ensure “the promotion order to ensure our security! of peace, security, and stability and good Whilst lack of peace and security is neighbourliness …” Have they lived up to their not peculiar to the Republic of Uganda, commitment? Hon Dora C. Byamukama attempts other EAC Partner States have had to answer that question. and still have a similar experience at varying degrees. Interestingly, when peace and security was restored in Uganda by the National Resistance Movement, some Ugandans still took a whole while to sleep soundly because they were used to hearing gunshots all night long. A silent night devoid of gunshots made them nervous! Today, when one talks about those dark days, some young people roll their eyes to illustrate boredom or disbelief. The truth of the matter is that people paralyzed by fear cannot be productive. Social and economic development suffers and despair sets in. In a nutshell, the environment is not conducive for productivity which in turn, prompts some people to fight or flee and the cycle goes on. Fast forward, on 30 November 1999, the East African Community was revived when the President of the Republic of Uganda, Yoweri Museveni, and the then Presidents of Kenya and Tanzania, Daniel arap Moi and Benjamin Mkapa respectively, signed the Treaty for the Establishment of the East African Community. That marked the beginning of a new era with a key objective of widening and deepening co-operation for mutual benefit. The Partner States further FLASHBACK: Uganda President Yoweri Museveni, retired President Daniel undertook to establish a Customs arap Moi of Kenya and retired President Benjamin Mkapa of Tanzania cut Union, a Common Market, subsequently the ribbon to officially mark the revival of the East African Community on a Monetary Union and ultimately a 30 November 1999. Political Federation to strengthen

August 2016 The Integrator 23 JUMUIYA YA AFRIKA MASHARIKI JUMUIYA YA AFRIKA MASHARIKI SPECIAL REPORT and regulate their relations. Partner States further committed to ensure, inter alia, “the promotion of peace, security, and stability within, and good neighbourliness among the Partner States…” Which begs the question: Have the EAC Partner States lived up to their commitment? Whereas the answer to such a question may not be an outright ‘Yes’ or ‘No;’ an analysis of what has been achieved in the last one and half decades, provides evidence that we are on the right track but need to accelerate action within a set time frame. As of late 2015, all Partner States had appended their signatures to the EAC Protocol on Peace and Security, reaffirming commitment to Article 6 of the Treaty. These fundamental principles that govern the achievement of the objectives of the Community include: • mutual trust, political will and sovereign equality • peaceful co-existence and good neighborliness • peaceful settlement of disputes • good governance including adhering to principles of democracy, the rule of law, accountability, transparency, social justice, equal African Union (AU) Chairperson Dr Nkosazana Dlamini Zuma. The AU passport opportunities, gender equality, as was launched during the AU Summit held in Kigali, Rwanda last month. well as the recognition, promotion and protection of human and peoples’ rights in accordance with • combating terrorism and crisis situations in the areas of the provisions of the African Charter • combating and suppressing piracy cooperation. on Human and Peoples’ Rights • peace support operations In a nutshell, the EAC Protocol • equitable distribution of benefits • disaster risk reduction, on Peace and Security cements the and cooperation for mutual benefit. management and crisis response relationship of Partner States and • management of refugees raises the level of integration to Linked to the fundamental principles, • control and proliferation of illicit a higher level, pointing towards a the EAC Protocol on Peace and small arms and light weapons political federation. This is so, in my Security’s scope of cooperation • combating transnational and cross opinion, because matters of peace mandates Partner States to cooperate border crimes; including drug and and security can best be handled by a in peace and security matters and human trafficking, illegal migration, political center under one command, collaborate with international and money laundering, cyber crime and short of which ‘uncoordinated regional organizations to promote motor vehicle theft movement of troops can be disastrous’. peace and security in the region. It • addressing and combating cattle This conviction is buttressed by the further commits Partner States to, rustling and objectives of the Protocol on Peace where necessary, develop common • Prisons and Correctional and Security, where Partner States measures, strategies and programmes Services including exchange of undertook to: and to enter into agreements for its prisoners, detention, custody, and • protect the people and safeguard effective implementation. In addition rehabilitation of offenders the development of the Community Partner States have agreed, inter alia, EAC Partner States also agreed to against instability arising from to cooperate in the following areas: establish an early warning mechanisms the breakdown of law and order, • conflict prevention, management to facilitate the anticipation, intra-and inter-state conflicts and and resolution preparedness and early responses to aggression • prevention of genocide prevent, contain and manage conflict • co-ordinate and co-operate in

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into action. The instrument for transforming the words of the Protocol into action is vested in an institutional arrangement for its implementation which should be expeditiously set up and vested with requisite resources. Further to this, whereas the objectives of the Protocol are noble which include ‘…to protect the people…’ one wonders – which people this refers to, since each Partner State is already doing so, anyway? In view of this, I deduct that the people referred to are those people that reside in the EAC; it is thus time to recognize citizens of East Africa as such. More questions arise: Can we make reference to ‘protection of people’ when Partner States cite defence of sovereignty to curtail intervention geared at instilling peace and security? Isn’t it time to re-examine the meaning of borders within the EAC, which borders were set by colonialists devoid of the historical and cultural context? And when will a Protocol for extended jurisdiction for the East African Court of Justice to, in particular, handle human rights be concluded considering that this is an avenue for redress in matters “I am a citizen of the East African Community!” A young woman with the new of peace and security? Indeed, the electronic EAC passport. The e-passport is scheduled to be issued in 2018. recent agreement for the issuing of an EAC international e-passport scheduled for 2018 strongly supports matters related to peace and • enhance the capacity of the Partner the argument for a new definition security in the Community States in combating terrorism and of ‘people’ to mean citizens of East • prevent, contain and peacefully piracy Africa. resolve conflicts and disputes • co-operate in exchange of As the lyrics of one song go, “there among and within the Partner States prisoners, detention, custody and are more questions than answers…”, • observe and encourage the rehabilitation of offenders and it is therefore time to do things implementation of the United • implement the EAC Strategy on differently and expedite amendment Nations, African Union and regional Peace and Security of the Treaty in order to fast-track other international conventions political federation, establish a central and treaties on arms control, It is said - “actions speak louder than authority with vested power and disarmament and peaceful relations words” – the earlier question still resources to effectively handle critical between Partner States lingers on - to the extent that we need matters such as peace, security, • develop peacekeeping capacity and to transform the words of the Protocol planning, finance and development. co-ordinate the participation of The Community must seize the Partner States in international and moment, considering that the EAC regional peace support operations We are on the is geared for further expansion with • enhance the capacity of the many more states knocking at its door. Community with respect to disaster right track It is only through pooling of management and co-ordination but need to resources under a unified political of international humanitarian accelerate structure that we can ensure assistance sustainable peace, security, • enhance the capacity of the Partner action within a prosperity, and survival for the East States in the management of set time frame African people in a highly competitive refugees global economy.

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SPECIAL REPORT Banishing the curse of ethnic divisions to reduce conflicts

Hon AbuBakr Ogle argues that whenever East Africans rise against each other in a bloody conflict over perceived ethnic divisions, tribal origins or clan lineages, they do so not because they are so brimful of hatred, but because of reckless and self serving political manipulations.

he sight of a young, evidently everybody blame everybody else and famished mother, in tattered think that the answers lie in squaring clothes, with a baby strapped out over some imaginary ethnic on her back gleefully wielding differences? Ta bloodied machete, having hacked The answers to these questions another woman also carrying an are varied and myriad depending on infant. This is one of the particularly the perspectives or by the pundits and gruesome Rwandan genocide cynics making them. Some will blame memories that to this very day, sits like the history of the African tribes. Some a tumor leaking poison into the back of will claim that tribes did not exist at my mind. all and that they were imagined by Yet, that macabre instance is just whites, whose fault it all was. one of the many across the East Indeed, as far as the early European African region, indeed, much of the travelers in Africa themselves were Rwandan refugees flee-to -to-escape the genocide in their country that cost the lives of more than 800,000 people. African continent that aptly captures concerned, they took a dimmer view. the depth of our viciousness and The Negroid tribal differentiation These so-called tribal or clan lineages propensity for a nasty, brutish and was necessary in order to assist them number anywhere from a few dozen to ghastly engagement whenever we study the black man’s brain capacity a few thousand kinsmen and coalesce have risen against each all in the name and judge how far up the evolutionary together around a common language of ethnic hostility and its resultant tree the African had or could climb. and ancestry. violence. After all, to understand the African, This has in turn created an How come that we can so easily they claimed, you must subtract extraordinary social fragmentation, pick out our next door neighbor for all elements of common sense and where people never left the small attack merely because they speak a rationality. defined countryside and valleys where slightly different African dialect from Yet, it is true that all African they were born. They lived their lives your own? Are East Africans so brimful societies are organized tribally, or into within that limited same language of hatred that even quarrelling over what anthropologists call segmentary communes and often in competition the origins of tribes and clan lineages lineages, groups of people who trace with their neighbors of a different will cause bloodshed? Why would their descent to a common ancestor. language.

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Rwandan refugees flee-to -to-escape the genocide in their country that cost the lives of more than 800,000 people.

Now, at independence in the 1960s, market-oriented policies. through the NRM Constitution and the the departing European colonial Compare these to any ideological FDC Platform in Uganda, for instance, powers had established a modern differences there could be, if at all any, their ideology is that they are all multi- “Westminster” style of governments between the long-serving National ideological. The same is true for the in which citizens’ vote for Members Resistance Movement (NRM) and The political parties in Kenya, Tanzania and of Parliament in regular multiparty Forum for Democratic Change (FDC) elsewhere in the EAC region. These elections. In Britain, like in all other in Uganda, or between the Jubilee parties are only competing to govern developed Western democracies for and CORD coalitions in Kenya, or a and eat in turns.” instance, political choices revolve chip of the old block, as they all aptly Yet, when that ideal European around a left-of-center Labour Party fit, between the ruling Chama Cha political system was transplanted to and a Conservative Party, where voters Mapinduzi (CCM) and UKAWA in the the emerging African nations, the by and large make decisions based United Republic of Tanzania? result was chaos. The reason was on ideology and policy, like more or In the words of a critical colleague, that the African voters did not vote less government protections or more Fred Mukassa Mbidde, “when you look for political programmes, rather, they

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A woman with her baby fleeing from genocide prays for divine intervention. supported what political historian, and an army, very few of us have a process of a toxic brew of distrust and Francis Fukuyama appropriately sense of belonging to a larger entity suspicion. describes, “a certain Big Man (and called the nation, or being part of a Besides, the fears of depravation occasionally Big Woman), who once social world beyond their common and access to power and economic elected, will use his or her influence to language mentality. Thus, our lack resources, encouraged and reinforced direct government resources,” ranging of coherent political parties, except further by state bias and preferential from school fees and construction for the individual personalities each treatments, made it look fashionable projects to all manner of parochial striving to bring back as much pork for people speaking common language, events ranging from circumcision and (looted public property) as possible to to easily identify themselves as pre-wedding ceremonies to funeral his/her narrow base of supporters. members of one ethnic group. costs back to their common language This was the beginning of the Interestingly, it did not quite matter communes. politicized ethnicity we have across that not all members of the same In his acclaimed work The Origins of much of our countries lately that has ethnic group, as is often the reality Political Order, a study on the societal been detrimental to national unity than the exception, were not at all structures of ancient Melanesian and the broader socio-economic well- beneficiaries of the supposed state Society of Papua New Guinea and the being of the country. It also implanted goodies. Solomon Islands, Fukuyama traces this seeds of ethnic rivalry and conflicts And because ethnicity in itself was culture to what he called “wantoks” – a that are contagious and spread quickly more of a construct than a constant, pidgin corruption of the English word, like cancer cells. the reasons for its sustenance also “One Talk” – or people who speak the With that, the stage was set for rode on the shoulders of realpolitik same language. unhealthy competition amongst ethnic issues. Ethnicity, for instance, became That is why, despite the existence groups for property, jobs, education, an effective and viable tool for of a national government with all the social amenities, healthcare, and mobilization by those clamouring for trappings of sovereignty, like a flag generally set in motion, a whole distributive justice, both for survival

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The pain of family separation is evident in the faces of these children (above) A grim reminder of the Rwanda genocide (below left)

anchored on exaggerated grievances, yet most fueled by excessive greed.” Fortunately for us in the East African region, none of our so-called tribal or ethnic divisions are currently craving for its own identity, security, and against marginalization. understand the hollowness of those recognition or even autonomy from There is no denying today that our empty political rhetoric but appear to the other, which signifies that the ethnic divisions and its availability to be innocent bystanders. conflicts therein are still localized and be summoned at a very short notice by In the description of the hugely very much driven by political power political manipulators, has created a respected immediate former Chief seekers. bondage of despair, decline and utter Justice of Kenya, Dr Wali Mohammed Thus the need for a radically underdevelopment and is in turn, one Mutunga, it is a tragedy that we transformational and focused of the greatest challenges to regional tend to elevate, “those who view leadership that can, and must, help peace and security. everything through the prism of the intensify negotiations, truth and It is even more worrying that the tribe, who equate national interest reconciliation, and if need be, power- political manipulators often find with ethnic interests, are obsessed sharing, among others, in order to fertile ground in the minds of ordinary with ethnic hegemonic projects, hold stem the tide of potential ethnic citizens who pretend to be powerless hollow and dangerous supremacist hostility. Only then could we have victims when caught imbibing ideologies and have invented false immensely contributed to our region’s this drivel. The citizens perfectly ethnic entitlement, most of it peace and security.

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NAKALA MAALUM Amani na usalama katika jumuia yetu: Tutumie mbinu gani?

Mfumo wa Amani na Usalama wa JAM, unatokana na vyombo kadhaa vya utendendaji, kama vile Baraza la Amani na Usalama, Jukwaa la watu Mashuhuri, chombo cha tahadhari za awali, mfuko wa amani, na kikosi cha kulinda Amani na Usalama, aandika Mheshimiwa Dr Nderakindo Kessy

oja ya msingi wa kulea na kadhaa zimechukuliwa katika ngazi kukuza mtangamano wa ya Sekretariati, kule Arusha, na katika Jumuiya ya Afrika Mashariki kazi za Kitaifa wakati wakisuburi (JAM) unatokana na mambo ujenzi wa miundombinu muhimu za Mmawili yanayohusiana: Amani na Amani na Usalama kukamilika. Usalama. Mambo haya mawili, mara Kwa mfano, sehemu za mwanzo nyingi, huwa ni chachu kubwa katika za kuundwa kwa chombo cha aina ya jumuiya itakayoundwa pamoja kutoa tahadhari za awali, bado na mafanikio yake. Hali kadhalika kukamilika. Pamoja na mapungufu ni jiwe la pembeni katika Mfumo wa yaliyopo, uendeshaji wa mfumo Wafuasi wa chama cha kisasa Amani na Usalama wa JAM, ambao huo unawezekana kwa kutumia wakisherekea wakati wa uchaguzi nao ni kioo cha Mfumo wa Amani wafanyakazi wachache, wale na Usalama wa Umoja wa Afrika - wanaohitajika. Habari za kawaida MAUUA (African Peace and Security pamoja na za kiintelijensia zimekuwa sahihi. Lakini kiunganishi Architecture – APSA). zinazopatina, huwa zinakamilishwa na kilichokosekana katika mfumo huo Mfumo wa Amani na Usalama wa ripoti za JAM kutoka kwa wasimamizi wa amani na usalama ni utaratibu wa JAM, unatokana na vyombo kadhaa kwenye maeneo husika. kutoa hatua za awali za kukabiliana vya utendendaji, kama vile Baraza Ripoti kutoka kwenye chombo cha na majanga. Kwa mfano upungufu la Amani na Usalama, Jukwaa la watu tahadhari za awali, mpaka hivi sasa, huo unadhibitishwa kwa vurugu na Mashuhuri, chombo cha tahadhari ghasia zilizotokea baada ya uchaguzi za awali, mfuko wa amani, na kikosi mkuu nchini Kenya mwaka 2007, na hivi sasa katika vurugu na ghasia za cha kulinda Amani na Usalama. Kuna mbinu kuu Kukamilika kwa mfumo huu wa kisiasa nchini Burundi. Katika mifano kitaasisi unategemea kukamilika mbili za kufikia hii miwili, tahadhari ilikuwepo lakini kwa kuridhiwa kwa itifaki ya Ulinzi ya matamanio ya jumuiya ilishindwa kuchukua hatua za haraka. JAM, itifaki ya Amani na Usalama ya kuunda jumuiya JAM, na vyombo vingine vya sheria Pamoja na hali hiyo, zipo hatua ikiwemo uundwaji wa Shirikisho la yenye amani na zilizokwisha kuchukuliwa katika Kisiasa pamoja na miundombinu iliyo tulivu kuunda mfumo wa ushirikiano kati wake wa kisheria. Mpaka sasa, hatua ya nchi za JAM katika mambo ya Ulinzi

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na Usalama. Kwa mfano: mazoezi ya Mbinu hii inajikita katika kuchukua sera za pamoja na kushikilia haki ya pamoja ya vikosi vya ulinzi na usalama hatua zinajenga amani na usalama kubadilisha kiwango hicho na hata za nchi hizo; kuanzishwa kwa mfumo kwa ajili ya kila nchi peke yake; kujiondoa kabisa katika sera hizo za wa kudhibiti wakimbizi, kupambana ambapo ujumla wake ndio utakao pamoja. na ugaidi na uharamia katika Bahari ya kuwa msingi wa kusema kwamba JAM Mtizamo huu unaendana na Hindi; pamoja kubadilishana taarifa ina amani na ni usalama. Katika mbinu ile filosofia ya shirika la zamani la za hali ya usalama. Lakini uundwaji hii, kila nchi mwanachama itajipangia Umoja wa Afrika (OAU) iliyoamini wa mfumo huu haujaweza kukamilika kisheria nini maana ya amani na katika kuheshimu utaifa, mipaka kutokana na kutokuridhiwa na nchi usalama kwa wananchi wake. tuliyowekewa na wakoloni, na zote itifaki ya amani na usalama Mpango huu utaisiadia na mpango wa kukubali kwa upana wake kanuni ya pamoja na ile ya ulinzi; na hii ninaamini pamoja uliodhaifu, na usio na nyezo nchi moja kutoingilia maswala ya ndani ni kwa sababu nchi husika hazijaweza thabiti za utekeleza, katika ngazi ya ya nchi nyingine. Hivyo basi kwenye kukubaliana jinsi kuunda mfumo huo kijumuiya. mbinu hii, hata pale inapokuwa wazi wa amani na usalama. Nina mtizamo Mbinu hii inategemea utashi kabisa kwamba kuna hatari au tishio kwamba kuna mbinu kuu mbili za mwema wa kila nchi mwanachama la uvunjifu kwa amani na usalama kufikia matamanio ya kuunda jumuiya na taasisi zake; msingi wake utakuwa katika nchi moja, jumuiya haitaweza yenye amani na iliyo tulivu na imara. kulinda utaifa: ubinafsi. Hapa kila kuingilia bila ya makubaliana na nchi Mbinu ya Kwanza nchi itajipangia kiwango chake katika hiyo husika.

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Ukulima bora hutegemea msingi wa amani na usalama.

Inapotokea kwamba nchi hiyo Mfumo wa Amani na Usalama wa JAM hatua hii itafikiwa tu pale nguzo ya haiko tayari “kukaribisha” jumuiya utachukua muda mrefu. nne ya mtangamano itakapokamilika, katika kukabiliana na changamoto Nikweli kwamba Mkataba wa yaani Shirikisho la Kisiasa. hizo za amani na usalama katika eneo Uanzishwaji wa JAM hautoi nafasi kwa Kujiridhisha huko, kwa nchi lake, basi ujumuiya hautakuwa na mbinu hii. Lakini, nchi wanachama wanachama, kunaelezea kwa sehemu maana. Baya zaidi, jumuiya inaweza zimejiridhisha kwamba ni baada ya fulani kwa nini bado jumuiya hajaweza kuganda kabisa na isiweze kuchukua muda mrefu na kuwa na mtangamano kuweka utaratibu utakaoilazimisha hatua yoyote pale itakapotokea au utakaotoa nafasi ya kulegeza utaifa, Jumuiya kuingilia kati bila ya kibali kuonekana kwamba nchi au taasisi kwa njia moja au nyingine, ndipo cha nchi iliyoathirika au hata zake ndio chanzo cha uvunjifu wa mbinu nyingine inaweza kutumika. kuweka vikwazo vya kiuchumi kama amani na usalama wake, au wa Kwa baadhi ya nchi wanachama, inavyoelezwa katika Mkataba wa jumuiya nzima. Uanzishwaji wa JAM. Inaelekea mbinu hii ndio iliyobebwa Ninaamini kwamba hali hii na jumuiya hivi sasa. Kuogopa Amani na Usalama ndiyo inayosababisha masharti ya kuachana na filosofia hiyo, ya muda ni viungo muhimu Mkataba yanayohusu utekelezaji wa mrefu na nzee, ya kutokuingilia utaifa katika kuunda majukumu ya Mkataba hayajawekewa ndiko kulikotufikisha katika hali hii nguvu; pia Ibara ya 146 , kuhusu tulionayo hivi sasa kijumuiya. msingi bora wa kusimamishwa kwa mwanachama; Ninaamini kwamba nchi wanachama kujengea jumuiya Ibara ya 147, kuhusu kufukuzwa wa jumuiya zinapendelea mbinu hii, yenye nguvu kwa mwanachama; au Ibara ya na hivyo basi uzinduzi kamilifu wa 148, kuhusu kutokuridhiana katika

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NAKALA MAALUM maamuzi, hazijawekewa muundo au mchakato wa utekelezaji.

Mbinu ya Pili Mbinu ya pili, ambayo inaweza kuitwa mbinu jumuishi, itajikita katika mambo na maadili yanayokubalika katika nchi zote, na yenye muundo thabiti ya utekelezaji katika ngazi ya kijumuiya na ngazi ya Kitaifa. Dhana ya “amani” na “usalama” itasimikwa katika vyombo vya jumuiya na kutekelezwa katika muundo wa kitaasisi unaozilazimu ngazi zote mbili. Kwa uhakika hii ndiyo mbinu inayopewa nafasi katika Mkataba wa Uanzishwaji wa JAM na katika vyombo vilivyokwisha kuundwa hadi sasa vya utekelezaji, viwili kati yake ni Itifaki ya Amani na Usalama pamoja na Itifaki ya Ulinzi. Mbinu hii itaunda mbinu jumuishi ambayo italeta pamoja sekta kadhaa na mitizamo itakayogusa karibu viini vyote vya matishio ya Amani na Usalama. Hapa, mambo ya ukatili mwilini pamoja na ukatili Bila amani, watoto hawawezi kuonyesha nyuso za furaha. wa kimuundo yataangaliwa kama matishiyo ya Amani na Usalama. Mbinu hii itagusia sehemu pana ya sera, zikiwemo za utawala, haki za binadamu, mazingira, haki za kiuchumi na kijamii, usawa kati ya Kiswahili promoted nchi wanachama na ndani ya nchi SEVENTEEN teachers from the Director of Educational Outreach for mwanachama, nk. United States of America visited the the University of Arizona’s Center East African Kiswahili Commission for Middle Eastern and Prof Scott Amani na Usalama (EAKC) in Zanzibar on 8 July 2016 to Reese, a historian of Islamic Africa Mbinu jumuishi italenga kupata get information on Kiswahili at Northern Arizona University, the amani kama msingi wa kujenga During their visiti, the teachers teachers participated in short-term maelewano na utulivu wa mtu binafsi, sought to tap professional seminars, curriculum development, kati ya watu wawili, kati ya vikundi development opportunities and group research, and advanced viwili, na kati ya mataifa mawili. Hali materials that educators can use in intensive Kiswahili language kadhalika italenga kujenga uwezo na classrooms. programmes. kuanzisha miundombinu ya kitaasisi Under the ‘Summer Oman-Zanzibar EAKC Secretary Prof Kenneth kwa ajili ya Jumuiya ili iweze kuondoa Curriculum Development Program’ Simala said the Commission has a madhaifu na kukabiliana na mambo funded by Fulbright-Hays and the broad mandate of co-ordinating and yanayoweza kuleta migogoro ndani Sultan Qaboos Cultural Center, the promoting the development and ya jumuiya, kabla haijakuwa mikubwa primary and secondary schools’ use of Kiswahili in the East African na pengine kushindikana kutatuliwa. teachers and university lecturers Community and beyond. Hivyo basi, ni maoni yangu kwamba obtained first hand facts about Prof Simala said it was time kama jumuiya, tunahitaji kuamua EAKC’s work. education technocrats worked with kwamba Amani na Usalama ni viungo The programme provides grants the Commission in educating a new muhimu katika kuunda msingi wa to support overseas projects in generation of culturally sensitive kujengea jumuiya yenye nguvu. Hii training, research, and curriculum and knowledgeable citizens of the ni chachu muhimu katika kuongeza development in modern foreign United States, Oman and East Africa kina na upana wa matamanio ya languages. about the breadth and richness of mtangamano wa JAM ili kweli tuwe “ Led by Prof Lisa Adeli, the their cultures. Watu Wamoja Wenye Hatma Moja”

August 2016 The Integrator 33 JUMUIYA YA AFRIKA MASHARIKI JUMUIYA YA AFRIKA MASHARIKI SPECIAL REPORT Vital role of gender in conflict resolution

To address violent conflict and insecurity effectively, it is critical to understand the different roles that women, men, boys and girls play in preventing, resolving and/or perpetuating conflict as well as the different impacts it has on each category of people, writes Hon Nancy L. Abisai

ovember 2004 was a advance a very basic, rhetorical, but defining moment for women straightforward argument of how involved in peace initiatives any process could possibly be built in the world. They converged when half the population is either Nin Geneva for a conference organized deliberately cut off or excluded from by the former Egyptian First Lady, the peacebuilding process. That Women and Suzzanne Mubarak and Sheikha makes the participation of women children Sabeeka Ibrahim Al-Khalifa of Bahrain. so critical and important in the quest are most Coincidentally, at about the for peace and security in the East vulnarable same time in Oslo, the renowned African region. during times Kenyan environmentalist, the late Indeed, these were the same of conflict. Prof Wangari Maathai had just been concerns raised by various women awarded the Nobel Peace prize, at the Geneva conference and who an amazing feat in itself and for have fought for peace on countless womenfolk generally, as she was occasions. Women like the late Dekha then the first African woman ever to Ibrahim, a Kenyan well renowned for receive the coveted prize. active participation in peace building It was at this conference that I had and cohesion amongst warring the opportunity to hear, first-hand, communities in her Northern Kenya live testimonies from participants region. about the trauma women and the Dekha, as she was fondly called, girl child often face during periods of told of the harrowing experiences Dekha’s experience will find conflict and war as well as the extent that the different genders went abode in what happened to the rest of suffering and related losses that through, enumerating instances of the country over the infamous most of us do not either comprehend, where young boys, girls, men and 2007/2008 post-election violence. or at the very least, take so much women suffered rape, sex and child Women and children were worst for granted. The burden is quite slavery. hit due to their vulnerability. significantly felt more by the women For example, women were disproportionately affected by due to their vulnerability. How can any To address violent conflict and sexual and gender-based violence insecurity effectively, it is therefore process be built during the short stint of madness that critical to understand the various and when half the engulfed Kenya, with rape regularly used as a weapon of conflict, a fact different roles that women, men, boys population is and girls play in preventing, resolving that is too often ignored. and/or perpetuating conflict as well excluded from For reasons of ignorance and as the different impacts it has on peacebuilding? in appreciation alone, most of each category of people. One can the women and child victims of

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Resolving conflict and its impacts To address violent conflict and insecurity effectively it is critical to understand the different roles that women, men, boys and girls play in preventing, resolving and perpetuating conflict – and the different impacts it has on them. Conflict and insecurity affect women, men, boys and girls differently and this shapes the dynamics of every conflict. Conflict also disrupts the social interactions of everyday life – changing the roles men and women play and how they relate to each other in society. This interaction between gender and conflict has major implications for how we should think about conflict, security and opportunities for peace. For example, women are disproportionately affected by sexual and gender-based violence during conflict, with rape regularly used as a weapon of war – a fact that is too often ignored. However, it is important to realise that women can also be perpetrators as well as peacebuilders. In Nepal, Colombia and Sri Lanka women combatants all participated in conflict – and in the post-conflict environment they have different reintegration needs to male conflict and violence who mainly of-households. The social fabric combatants. include women, find it difficult to in a family is equally of critical Women in fragile and conflict- narrate their stories because of importance for it shapes society in affected states face a unique set of the traumatizing experiences they either a positive or negative way. It issues and challenges, and these have had to go through. Reports can create criminal or law abiding are reflected in UN Security Council from human rights advocacy groups peaceful loving citizens. Resolution 1325 and subsequent document many examples of the In the Kenyan context again, resolutions. These resolutions are exploitation and abuse of women the ghastly attacks on the Garissa important because they recognise and children affected by conflict. University College as are the many the peacebuilding potential of Women in refugee and IDP camps, nasty Al Shaabab raids in various women and the importance of while fleeing also face sexual parts of the East African region, were women’s political participation; exploitation and a lack of physical largely attributed to a supposed acknowledge the impact of conflict security. This is especially true in radicalization of despondent youth. on women; and set the basis for households without men, and also In this instance, the girl-child can be international policy on women, in those cases in refugee or IDP so easily lured because society has peace and security. camps where women are heads- ignored them.

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violence in post-conflict settings can have lasting, harmful effects on other sectors in peacebuilding. It can dissuade girls from attending schools, and women from owning businesses and property, from collecting water and food, from participating in political activities and can negatively impact on the private sphere of the family. There is also need to ensure involvement of women in all other aspects of peace and security. There must be a realization that this is an issue that affects all genders in very different perspective thus demanding of a direct engagement in talks and negotiations. Suffice to add that women will have to be accorded official recognition as peace builders and be adequately represented in any peace programs. If peace is to be sustained, women’s mediation and peace making roles should form part of the all-inclusive agenda. Article 5 (3) (e) of the Treaty for the Establishment of the East African Community, stipulates that: The late Northern Kenyan peace crusader Dekha Ibrahim. the Community shall ensure the mainstreaming of gender in all its The poverty question also plays peacebuilding activities suffer from endeavors and the enhancement of a key role as many women young an insufficient understanding or the role of women in cultural, social, adults are attracted into such acknowledgment of the diverse political, economic and technological criminal activities in exchange for communities in which they operate. development”. what they perceive to be a better When conducting peace initiatives, Further, Provision 6 (d) of the same life. Interaction between gender it is imperative to understand that Treaty calls for, among its objectives, and conflict has major implications gender concerns play a key role “promotion and protection of human for how we should think about in ensuring sustainable peaceful and peoples’ rights in accordance conflict, security and opportunities solutions. with the provisions of the African for peace. Gender analysis can bring to Charter on Human and Peoples’ Women can, nonetheless, play a light the experiences of men and rights.” This aspect makes it contributory role in peacebuilding, women during conflict and peace, understood that equal opportunities if effectively harnessed, since the assess needs, and show how gender and gender equality are within. impact of conflict and violence relations change during and due to I will personally rejoice at the day casts upon men and women in quite conflict and peace. Such analysis also when women will not have to fight different ways. It goes without saying brings to light strong concern about for space to be included on peace that for peacebuilding initiatives to sexual and gender based violence, table talks, but rather be accorded remain sustainable in the long-term, during conflict. their rightful place as equal partners women must be included in every The continuation of this form of in development and peace and level of the process. security initiatives. Yet current formal peacebuilding Gender analysis It is only then that we in this processes often remain largely region, will have proved to the world male-dominated, where women can bring to light that we have come full circle and are are simply cast aside as mere war the experiences at long last awake to the realization victims. Deliberate attempts should of men and that sustainable peace cannot be therefore be made to introduce a achieved for as long as we persist in gender perspective in matters of women during marginalizing our womenfolk. In its peacebuilding. conflict stead, must strive for an active and all In its current form, many formal inclusive participation of all genders.

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Mainstreaming gender “Gender mainstreaming is the process of assessing the implications for The rationale behind women and men of any planned action, including legislation, policies and programmes, in all areas and at all levels, and as a strategy for making the gender concept women’s as well as men’s concerns and experiences an integral dimension What does ‘gender’ mean? What is ‘gender equality’? of the design, implementation, monitoring and evaluation of policies Gender refers to the social attributes Gender equality means that women and programmes in all political, and opportunities associated with and men have equal conditions for economic and social spheres so that being male and female and the realizing their full human rights and for women and men benefit equally and relationships between women and contributing to, and benefiting from, inequality is not perpetuated. men and girls and boys, as well as the economic, social, cultural and political The ultimate goal is to achieve relations between women and those development. gender equality.” (ECOSOC 1997/2) The between men. Gender equality is therefore importance of Gender mainstreaming These attributes, opportunities and the equal valuing by society of the was firstly recognized through the relationships are socially constructed similarities and the differences of men Beijing Declaration which emerged and are learned through socialization and women, and the roles they play. It from the Fourth World Conference on processes. is based on women and men being full Women in Beijing in 1995: They are context/time-specific partners in their home, their community “... Governments and other actors and changeable. Gender determines and their society. Gender equality starts should promote an active and visible what is expected, allowed and with equal valuing of girls and boys. policy of mainstreaming a gender valued in a women or a man in a given perspective in all policies and context. In most societies there What is ‘gender equity’? programmes so that, before decisions are differences and inequalities Gender equity means fairness of are taken, an analysis is made of between women and men in treatment for women and men, according the effects on women and men, responsibilities assigned, activities to their respective needs. This may respectively”” (para. 202). undertaken, access to and control include equal treatment or treatment Then, the United Nations Economic over resources, as well as decision- that is different but which is considered and Social Council (ECOSOC) adopted making opportunities. equivalent in terms of rights, benefits, agreed conclusions 1997/2 (see Gender is part of the broader socio- obligations and opportunities. In the definition above) on mainstreaming cultural context. Other important development context, a gender equity the gender perspective into all policies criteria for socio-cultural analysis goal often requires built-in measures to and programmes in the United Nations include class, race, poverty level, compensate for the historical and social system adopted on 18 July 1997. ethnic group and age. disadvantages of women.

Resolution 1325 Ms Bineta Diop, Special Envoy of the Chairperson of the AU Commission on Women Peace and Security and Ms Phumzile Mlambo-Ngcuka, United Nations Under-Secretary-General and Executive Director of UN Women are among prominent women from Africa and the world championing the implementation of the UN Security Council Resolution 1325. Over the past 15 years, there has been progress in the development of national action plans on the implementation of Resolution 1325 and the development of gender policies at the national and sub-regional framework.

August 2016 The Integrator 37 JUMUIYA YA AFRIKA MASHARIKI JUMUIYA YA AFRIKA MASHARIKI SPECIAL REPORT THE PETITION East African Civil Society Organizations’ Forum (EACSOF) represented by the Pan African Lawyers Union vs. The Attorney The human rights General of Burundi, the Commission électorale nationale indépendante (CENI) and the Secretary General of the East African Community (EAC). and humanitarian In the case, the Applicant (ECASOF), represented by PALU, questioned the legality of the decision of the Constitutional Court of Burundi of 5 situation in Burundi May, 2015, authorising an ‘exceptional third term’ for H.E. Pierre Nkurunziza, and subsequent decisions of the CENI, as well as President Nkurunziza’s bid Report of the eala regional affairs for the presidential elections of 2015. and conflict resolution committee This was the very first time that a case of this nature had been filed, at a regional court, anywhere in Africa. The Committee held a public hearing in Arusha, PALU highlighted that President Tanzania on the Petition by the Pan-African Nkurunziza’s candidacy was in violation Lawyers (PALU) on the human rights and of the Arusha Peace and Reconciliation Agreement for Burundi of 2000, the humanitarian situation in Burundi. The article Burundi Constitution of 2005, and below summarises the resolution made after thereby breached principles of the rule the public hearing by the Committee chaired by of law and consequently also violated Hon Abdullah Mwinyi. the objectives, fundamental and operational principles of the EAC Treaty.

here exists a dire humanitarian crisis in Burundi including refugees, internal displacement, inadequate provision of social Tservices and so on. That the committee appreciates the efforts undertaken by Partner States in alleviating the suffering of people of Burundi, but a lot more needs to be done. The humanitarian crisis has particularly impacted negatively on children (see the UNICEF report on the children in Burundi). The EALA Regional Affairs and Conflict Resolution Committee believes a lot more needs to be done to address the humanitarian crisis in Burundi.

RECOMMENDATIONS TO THE COUNCIL OF MINISTERS On an Appeal for further assistance to address the Humanitarian Crisis in Burundi: The committee urged the Assembly to request the Council of Ministers to make a formal request for urgent/additional humanitarian resources from both regional and international partners for Burundi, partner states and neighbouring countries hosting Burundi refugees Burundian protesters express their feelings as they take to the streets. and/or displaced persons.

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“I am for peace”, this protester seems to be saying.

requested the Assembly to allow the committee to make substantive recommendations on the matter after the visit of the AU mission to the Republic of Burundi. Need to establish a credible mech- anism to investigate allegations of gross human rights violations: The committee urged the Assembly to sup- port the establishment of a credible international investigative mechanism Cry the beloved country ... a march for flag and nation. to independently investigate all alle- gations of human rights violations in Enhancing of the capacity of the They only disagree on the magnitude, Burundi. EAC to deal with the humanitarian responsibility and how to end the The committee urged the Assembly crises in the Community. The violations. to support the full utilization of all Assembly urged the Council of Duty of care and responsibility to possible measures allowed by the Ministers to ensure the Community protect: The committee held the view Treaty and Community law to be urgently and comprehensively reviews that the Community under the Treaty directed against any person or entity its legislative, policy, institutional obligation, the African Union under the that will undermine the establishment arrangements and other measures Constitutive Act, the United Nations and operationalization of a credible that will put in place the necessary and other international players owes investigative mechanism. capacity to deal with humanitarian a duty of care and responsibility to The committee requested challenges and/or crises in the protection of the people of Burundi. the Council of Ministers to Community. Deployment of the African Union communicate the Assembly’s (AU) preventive and protection prayers to the Summit concerning On the human rights crisis in force: The committee appreciated the human rights crisis in Burundi Burundi: The committee held that the commitments taken by the African thus: there were serious and sufficient Union (AU) on the issue of sending lThat the Summit affirms that the grounds to believe that gross human a high-level mission to Burundi to Community has a duty of care and rights violations that have taken discuss the matter of the deployment responsibility to protect the people place and continue to take place in of an AU preventive and protection of Burundi from violence and the republic of Burundi unabated. force to secure the wellbeing of the guarantee the safety and security of The petitioners’ and other parties people of Burundi. all citizens and persons in Burundi. that appeared before the committee, The committee urged the Assembly l That the Summit considers to facili- including from the government to support the urgent completion tate and support the establishment delegation, all agree on this fact. of those discussions and further of a credible investigative mecha-

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nism to independently investigate process including the work of the all allegations of human rights viola- Mediator. Intra-Burundi tions in Burundi. l That the Summit puts in place actions THE PRAYERS TO THE SUMMIT that will fully utilize all possible The committee asked the Assembly dialogue stalls measures allowed by the Treaty to request the Council of Ministers and Community law to be directed to communicate to the Summit to against any person or entity that urgently do all that is possible to as five parties will undermine the establishment stop the humanitarian, human rights and operationalisation of a credible and political crises in the republic of boycott talks investigative mechanism. Burundi. On the political crisis in Burundi, the It further urged the Assembly to ARUSHA, July 2016 comm\zittee held the view that a request the Summit to fully empower political crisis that requires urgent and facilitate the work of the Mediator The Intra-Burundi Dialogue resumed in intervention existed in the Republic of and his office, including appointing Arusha on July 16, but representatives Burundi. a team of respected statesmen and of five parties that participated in The committee appreciated the women to aid in his cause and/or office. Burundi’s general election boycotted efforts of the Summit to resolve The Summit was requested to the second round of peace talks the political crisis in the republic of consider to apply all possible measures facilitated by former Tanzanian Burundi and in particular appreciated allowed by the Treaty and Community president Benjamin Mkapa. the appointment of H.E. Yoweri law to be directed against any party, Government officials walked out Kaguta Museveni, the President of the person, group of persons or entity that protesting the presence of some Republic of the Uganda as the Mediator would undermine the efforts of the participants they accuse of planning of the peace process for Burundi. Community, including the Office of the to overthrow President Pierre Mediator in its work. Nkurunziza’s regime. RECOMMENDATIONS Mr Mkapa had travelled to Belgium TO THE ASSEMBLY ENHANCING THE CAPACITY OF to meet key opposition stakeholders The committee urged the Assembly EAC TO DEAL WITH PEACE AND in an effort to end to the crisis that to affirm that the political crisis in SECURITY MATTERS has rocked the country for more than a Burundi requires urgent and concerted The committee held the view that year. But this did not go down well with efforts to halt the humanitarian and the Community urgently requires to the government, which maintains that human rights crises and appreciated complete the EAC Peace and Security it will not negotiate with those who the role and efforts by the Summit to Architecture including examining organised the failed coup last year. bring lasting peace to the Republic of and develop the EAC’s capacity, “The long awaited truth will not Burundi in the past and currently. institutional arrangements and or come from Arusha, because the The committee further urged the Treaty, legislative and policy regime dialogue outside the country is The aftermath of violenceCaption Caption Caption Caption Caption Assembly to support an all-inclusive, to allow the Community to address for selfish politicians,” said Jelase participatory and credible process of humanitarian, human rights and Ndabirabe, spokesman for the ruling dialogue in and outside Burundi to political interventions. party CNDD-FDD. bring lasting peace to Burundi and The committee therefore urged However, members of civil society to support the work of the office of theAssembly to urge the Council of criticised the government’s rigid stand the Mediator, H.E. Yoweri Kaguta Ministers to hasten the process of on the talks. Museveni. completing the Community Peace and “It is not for the government to Security Architecture including putting refuse to dialogue with people who RECOMMENDATIONS TO THE in place the necessary institutions and are opposed to its policies. Dialogue COUNCIL OF MINISTERS competencies that will ensure the is normally with those you have a The committee urged the Assembly peace and security of the Community. disagreement with, and not your urge the Council of Ministers support Finally, the Council of Ministers allies,” said Gabriel Rufyiri, a civil the work of the Summit and the was asked to ensure that the Partner society leader. office of the Mediator to bring lasting States complete the ratification of As the dialogue stalled, Burundi’s peace to Burundi in the shortest time the EAC Defense Protocol and the Foreign Affairs Minister Alain possible. Further, the committee urged EAC Peace and Security Protocol and Nyamitwe said the main issues to the Assembly to support all measures, report back to the Assembly on its next be discussed in the Intra-Burundi including the full utilization all possible sitting on the progress made to finalize Dialogue are the return of refugees measures allowed by the Treaty and the ratification of Partner States of the and preparations for the 2020 Community law to be directed against two mentioned Protocols. elections, adding that the government any party, person, group of persons or does not recognise the opposition in entity that will undermine the peace exile.

40 The Integrator August 2016 JUMUIYA YA AFRIKA MASHARIKI SPECIAL REPORT UN Security Council approves police plan

The Security Council has requested UN police component and to allow UN Secretary-General Ban Ki-moon to staff to travel freely and unhindered in establish a United Nations police places of detention and to prisoners. officers component in Burundi for an As for observers and experts from initial period of one year to monitor the the African Union (AU), the Council President Museveni security situation and to support the urged the Burundian government to Office of the UN High Commissioner of allow without delay the continuation Human Rights (OHCHR) in monitoring of the full deployment of 100 AU rights violations and abuses in the human rights observers and 100 crisis-gripped country. military experts. It also urged the Acting on the recommendations Government and other stakeholders of the Secretary-General, the Council to extend full cooperation to those adopted a new resolution by a observers and experts and provide recorded vote of 11 in favour with four them with full access for the purpose abstentions (Angola, China, Egypt and of fulfilling their mission. Venezuela), which authorized the By other terms of the resolution, deployment of a UN police component the Security Council urged all parties in of up to 228 officersi. Burundi to reject all forms of violence Further by the text, the UN police and to refrain from any action that would be placed under the authority would jeopardize peace and stability of a Senior Adviser to the United in the country or undermine the inter- Nations and be deployed in the capital, Burundian dialogue. Former President Mkapa Bujumbura and throughout Burundi. It also urged the Government to The Secretary-General was further “respect, protect and ensure respect requested “to ensure their progressive for human rights and fundamental deployment.” freedoms for all.” It welcomed the The Security Council urged the steps taken by the Government to lift Burundian Government and all some prohibitions on media and civil Burundian parties to cooperate fully society, cancel some arrest warrants in the deployment and activities of the and release a number of detainees.

UN Chief Ban Ki Moon

Mr Mkapa was picked the facilitator of the process by the EAC Heads of State Summit in March. The former head of state is assisting the mediator, President Yoweri Museveni of Uganda, who was appointed mid-last year to spearhead the reconciliation efforts among Burundians when the country plunged into violence following President Pierre Nkurunziza’s bid for the presidency for a third term. UN Security Council approves 228-strong UN police contingent for Burundi .

August 2016 The Integrator 41 JUMUIYA YA AFRIKA MASHARIKI JUMUIYA YA AFRIKA MASHARIKI SPECIAL REPORT SOUTH SUDAN Who is to blame for the violence?

Evacuation... foreigners flee Juba following the latest round of violence.

ince Independence Day in July Who should be held responsible politically for 2011, South Sudan has fallen the extreme violence that has destroyed the rapidly into strife and disarray. Tensions erupted in the capital, lives of hundreds of thousands in South Sudan? SJuba, at the end of 2013 and spread The troika of Western states and IGAD for to three large provincial cities. By the framing an agreement that set up a politically following year, thousands were dead unchallenged armed power in South Sudan, and the AU had appointed a five- argues Prof Mahmoud Mamdani person commission of inquiry, chaired by former Nigerian president Olusegun Obasanjo. — among them, how to isolate the ethnic lines, and destroy any basis The commission spent several perpetrators of political violence from for consensus, polarising 11 million months in South Sudan. When it their supporters. To begin to answer citizens in the new state into us and delivered its findings in 2014, I was these questions, we need an accurate them. the only one of five members who description of what happened. A displaced person in a UN dissented. In the official report, compound told the commission: “They the violence in South Sudan was Ethnic lines put a knife into what bound us, turned characterised as mainly “criminal,” but Two main ethnic groups dominate the crisis from political to ethnic.” in a minority view entitled A Separate South Sudan: Dinka (the larger group) By “they” was meant the Opinion, I argued that it was more than and Nuer. Juba is settled along ethnic government that assumed office a breakdown of law and order. Rather, lines, and the killings in the capital at at Independence; the crisis turned the violence was political. Criminal the end of 2013 — by Dinka militias — ethnic at the end of 2013 after an violence is the action of individual were organised as a house-to-house explosive meeting of the National perpetrators, to which the response is operation in Nuer residential areas. Liberation Council (NLC), the executive simply to judge and punish. But political The political objective was to cleanse committee of the ruling party, the violence requires a constituency Juba of its Nuer population, divide Sudan People’s Liberation Movement and raises more difficult questions the inhabitants of the country along (SPLM).

42 The Integrator August 2016 JUMUIYA YA AFRIKA MASHARIKI SPECIAL REPORT

The tension had been simmering throughout 2013 and rose dramatically when three members of the NLC announced their intention to contest the chairmanship, a position that would automatically qualify its holder as the ruling party’s candidate for the presidency in the upcoming 2015 election. In April, the presiding NLC chair and President of South Sudan, Salva Kiir, who is Dinka, removed the executive powers of his vice-president Riek Machar, who is Nuer. In July, Kiir dismissed all his ministers and then embarked on a tour of the Bahr el Ghazal region in the predominantly Dinka northwest, delivering provocative speeches that were broadcast on the national TV network. By the time he called for the NLC to meet on December 14, the stage was set for a showdown. South Sudan President Salva Kiir greets President John Magufuli, moments The killings in Juba lasted until after depositing the instruments of admission to the EAC in Dar-es-Salaam December 18 and left hundreds of Nuer dead, but who carried them out? The Eritrea and South Sudan. Eritrean Who determines peace terms? most widespread explanation among Independence followed a military The CPA’s lamentable approach to the senior military, intelligence, police, victory against the regime in Addis array of armed groups in the future and government officials we talked to Ababa, but there was no military state of South Sudan was based on the was that they were the work of several victory in South Sudan. External assumption that only those with the thousand irregulars recruited during factors militated in favour of South capacity to wage war have the right to border skirmishes with Sudan shortly Sudan. Madeleine Albright’s decision determine the terms of the peace. The after Independence. to back SPLM against Khartoum in most alarming consequence of the The people who carried out the 1997 was a child of Washington’s agreement was that non-militarised killings from December 16–18 were war on terror. Only a reasonable fear political opposition, both in Sudan mostly from Bahr el Ghazal. that it could be the next target of and the country that was about to Nuer communities in Juba responded US aggression in a post–9/11 era come into being, was thoroughly to the killings with a rebellion and that had begun with the invasion of marginalised. a local uprising. Community-based Afghanistan and Iraq explains why the Enthusiastic voices from the rest fighting formations outside Juba government of Sudan agreed to hold of the world, in particular the Troika, known as the White Army, 50,000 in an independence referendum in the reinforced the illusion of the new all and fresh from a run of campaigns South and let half the country secede. regime, led by Kiir, that all it needed against the Murle ethnicity in 2012, The Comprehensive Peace to ensure its continued hold on power converged, first on Bentiu, which they Agreement (CPA), signed in 2005 was international support. ransacked, and then on Juba. when the South gained autonomy It basked in the extenuations An intervention by the Ugandan from Sudan in preparation for full that the world now grants to victim army halted the march of the White independence in 2011, turned out cultures: the south, when it was Army. At the same time, the UN Mission to be a shoddy affair. In spite of part of Sudan, had been terrorised, opened its compound to protect IDPs opposition from some regional states starved, bombed, and brutalised, and from hostile forces on the government to a short five-year time table, it was it follows, as it does for post-genocide side. Both the Ugandans and the UN rushed to the table by a Troika of Rwanda, that whatever happens next, were credited at first with reducing Western states—the United States, the victims in charge of their own the level of violence, even preventing the United Kingdom, and Norway— destiny must be coddled and absolved a genocide; later, both were accused once it was clear that Washington’s of responsibility. of prolonging the crisis — the Ugandan interest in the Sudanese civil war had In Sudan six years ago, the regime army because it propped up the forced Khartoum onto the defensive. in Khartoum was roundly and correctly government, and the UN Mission Without the threat of US intervention accused of fraud when it took the because it turned a blind eye to armed against an African country identified country to the polls. But in South IDPs in the camps. as an enemy in the war on terror, Sudan, the rigging of the referendum There are two major examples Khartoum would not have signed the on self-determination, which of secession in post-colonial Africa: agreement. produced a 99.8 per cent Yes vote, was

August 2016 The Integrator 43 JUMUIYA YA AFRIKA MASHARIKI JUMUIYA YA AFRIKA MASHARIKI

SPECIAL REPORT

From the point of view of both Igad and the troika, this proposal may be the least costly way forward. But it is unlikely to hold the key to a stable future. An alternative way forward would require greater political will, more resources and a more radical vision from all parties concerned. It calls for a recognition that the transition that was the CPA failed; that it fed the worst anti-reform tendencies in the SPLA and turned into a breeding ground for the violence that erupted in December 2013. South Sudan needs a second transition. Instead of giving political power to those with the gun, this transition will seek to forge a political compact both at the level of society and that of the political class. It will seek to combine political justice with political reform. Political justice is about political accountability, at both Internally displaced persons at a UN refugee camp outside Juba. the individual and the societal levels. Key to the pursuit of political justice approved with a cheerful smile by the politically unchallenged armed power will be the exclusion from high office international community. Two years in South Sudan. Second, the pre-July of all those politically accountable for later, when the ruling SPLA appeared 2013 Cabinet of the Government of the mass violence that followed the to split more or less down the middle— South Sudan for the political crisis crisis of December 15, 2013. Key to each half intent on devouring the that led to the political meltdown on political reform will be demilitarisation whole—the Western press was December 15, 2013. and democratisation at the societal mystified. It had always commended The regional organisation of level so that the process of reform of the “Christian and animist” victims in states, Igad, and the UN Security militias at the local level goes hand- the South against their “Muslim and Council representing the international in-hand with that of creating self- Arab” oppressors in the North, and community have patched together governing democratic communities. now reached for an equally formulaic another makeshift agreement to stop The demilitarisation of Juba is a explanation for the outbreak of civil this round of fighting in South Sudan. starting point; for it to continue, war in the victims’ new territory, The agreement has three key features: demilitarisation will need to extend where all was supposed to turn out A coalition government based on a beyond Juba to most of the country. well. The new formula was an old one: sharing of seats between the two The challenge in forging this “Tribalism.” The ethnic nature of the sides to the civil war; a demilitarised transition is political. Is it possible to split in the National Liberation Council Juba which will be the seat of this put together a political authority with was the best to hand: It was, after all, government; and an agreement the credibility, the vision, and the a standoff between Nuer and Dinka. to have a hybrid court try all those experience for a task that combines From this point of view, the current considered criminally culpable for the elements of tutelage with that of a conflict, which has continued since mass violence during the civil war. democratic project? For this, I suggest 2013 and led to deaths estimated in The obvious dilemma with this a hybrid political authority led by an the thousands, is between a Dinka-led agreement is that those likely to African team—the most likely being the government and a Nuer-led rebellion. be tried are the same as those who AU’s High Level Panel on Sudan (both Who should be held responsible hold power. With this in mind, Salva North and South), chaired by former politically for the extreme violence Kiir and Riek Machar have written a South African president Thabo Mbeki— that has destroyed lives of hundreds joint op-ed in the New York Times backed up by the joint authority of the of thousands in South Sudan since proposing that there should be no African Union and the UN. December 2013? trial but a reconciliation premised Two groups above all. First, the on forgiveness, though Machar – Prof Mahmood Mamdani is the Troika of Western states, and its friends disavowed the op-ed four days after Director of the Makerere Institute of such as IGAD, for their decisive role in it was published, claiming not to have Social Research. Article reproduced framing an agreement that set up a been consulted about its contents. courtesy of The EastAfrican

44 The Integrator August 2016 JUMUIYA YA AFRIKA MASHARIKI

EMPLOYMENT OPPORTUNITIES

The Integrator shall strive to avail information on opportunities for East Africans interested in working for the East African Community. More than 400 people are at present working for the various EAC Organs and Institutions in the 5 Partner States. While recruiting, the EAC seeks to secure the highest standards of efficiency, technical competence, professionalism and integrity. With a mission to widen and deepen economic, political, social and cultural integration in order to improve the quality of life of the people of East Africa, the EAC encourages and promotes new and better ways of doing business. If you are a national of one of the 5 EAC Partner States, you are eligible to apply to join the team. We encourage you to visit the EAC website (www.eac.int) today to keep abreast with the openings in the region.

SEND US YOUR FEEDBACK The Integrator welcomes your feedback. We are also keen to receive your contributions in terms of articles. Please send an email to the Editorial Secretary, Bobi Odiko on [email protected]

Please visit the EALA Website (www.eala.org) for more information on the role of the Legislature in the integration process. JUMUIYA YA AFRIKA MASHARIKI JUMUIYA YA AFRIKA MASHARIKI SPECIAL REPORT WAR ON ‘REIGN OF TERROR’

A historical perspective of the consequences of terrorism at the regional and global level, writes Alberto Leny, can help understand how the international community can better respond to the specter of the fear that terrorism breeds.

46 The Integrator August 2016 JUMUIYA YA AFRIKA MASHARIKI SPECIAL REPORT WAR ON ‘REIGN OF TERROR’

rom Europe to Africa, Asia to America, Calling on other states to join in fighting the Middle East to Russia, across the terrorism, Washington asserted that “you are entire globe, the threat of terrorism is either with us, or you are with the terrorists”. a persistent terrifying reality defying Many governments joined the campaign, often humanity, race, faith and nationality adopting harsh new laws, lifting long-standing Fthat demands urgent collective global action. legal protections and stepping up domestic The devastatingly horrifying impact policing and intelligence work. of terrorism captured universal attention Terrorism is a complex phenomenon. on September 11, 2001 when a series of Challenges have been identified and criticism coordinated attacks by the terrorist group al- levelled at some of the approaches in dealing Qaeda in the United States killed 2,996 people with this global menace. and injured over 6,000. Due to the growth of terrorism over the past The attacks involved four passenger planes few decades, Africa cannot afford to isolate commandeered by extremists targeting the itself from the collective international efforts World Trade Centre in New York and the US to address its threat to humanity. defence headquarters, the Pentagon. While the terror phenomenon took root The September 11 attacks caused at least centuries ago, the 9/11 attacks in the US and 10 billion US dollars in property the East African capitals revealed and infrastructure damage, and the new inhuman, sophisticated 3 trillion US dollars in total costs. Africa cannot and destructive face of terrorism For East Africans, the tragic afford to isolate couched in religious fanaticism and taste of terrorism came on itself from the militant extremism designed to August 7, 1998, when nearly inflict maximum harm. simultaneous truck bomb collective efffort This emergent face of ideology explosions at the US embassies to address this inspired terrorism mostly in Nairobi and Dar es Salaam global threat avoids direct confrontation with killed 224 people and left 4,085 state security or militaries in injured. conventional warfare, instead The bombings caused considerable damage largely channeling a deadly running into billions of dollars including the arsenal of bombs and other explosive devices destruction of the Nairobi Ufundi Cooperative in “suicide attacks” at “soft targets” or to put it building and damage to nearby buildings. simply – at civilians. A historical perspective of the consequences But first, what is terrorism? To where can of terrorism at the regional and global level this new wave of the “Reign of Terror” that has can help understand how the international engulfed the world be traced? community can better respond to the specter The definition of terrorism in English is “… of fear that terrorism breeds. the unlawful use of violence and intimidation, The attacks targeting the US embassies especially against civilians, in the pursuit of attracted the attention of the Federal Bureau political aims.” The word terrorism owes its of Investigations (FBI). origin to the late 18th Century in reference to After the September, 11 terrorist attacks, the rule of the Jacobin faction during the period the George W. Bush administration declared of the French Revolution known as the Terror a worldwide “war on terror”, involving open (French terrorrisme, Latin terror). and covert military operations, new security The latest incidences of terror over the past legislation, and efforts to block the financing of few years have hit France hard, with a lengthy terrorism. history of attacks dating back to the 19th

August 2016 The Integrator 47 JUMUIYA YA AFRIKA MASHARIKI JUMUIYA YA AFRIKA MASHARIKI SPECIAL REPORT

Century carried out by extreme right, extreme left, and insurgent groups. Islamist extremists have launched numerous attacks in France in in the 2010s, of which the November 13, 2015 Paris attack was the bloodiest and deadliest in Europe since the Second World War and the train bombings in Madrid, Spain on March 11, 2004 that killed 192 people and injured around 2,000. Three suicide bombers struck outside the Stade de France during a football match between France and Germany followed by mass shootings and a suicide bombing in cafes, restaurants and a concert at the Bataclan theatre. The attackers killed 130 people and injured 368 as the Islamic State of Iraq and the Levant (ISIL also known as ISIS) claimed responsibility, saying it was in retaliation for the French air The former US Embassy in Nairobi, moments after the deadly terrorist attack. attacks on ISIL targets in the war zones of Syria and Iraq. and 368 injured. Again ISIS claimed In Uganda suicide bombers killed France had been on high alert since responsibility for the bombings. 76 and injured 70 people watching the January 2015 attacks on the Charlie President Recep Tayyip Erdogan, the screening of the 2010 World Cup Hebdo cartoon magazine offices and a speaking shortly after the attack, Final in Kampala, The Islamist militia Jewish supermarket in Paris that killed summed up the international Al-Shabaab that has ties to Al-Qaeda 17 people and wounded 22, among community’s countenance towards and ISIL, claimed responsibility for the them civilians and police officers. the conflagration of terrorism as bombings as a retaliation for Ugandan The latest “terror war” mounted on he appealed to all governments, support for the African Union Mission the French allegedly by ISIL was the especially in the west: in Somalia (AMISOM). brutal attack on an elderly priest in his “We must all take a firm stand Uganda, Burundi, Djibouti, church in Normandy on July 26, 2016. against terror. The bombs that Ethiopia and Kenya have contributed Two weeks earlier, France and the exploded in Istanbul today could have peacekeeping troops to AMISOM, world was again in a state of shock and gone off at any airport in any city in the which was mandated by the African horror. A man linked to ISIL barreled world. Make no mistake; for terrorist Union’s Peace and Security Council in through the crowded Promenade des organisations there is no difference 2007 and authorised by the United Anglais in the city of Nice in a 20-ton between Istanbul, Berlin, Chicago and Nations Security Council. truck for more than a mile, crushing Rome. Unless all government and the Kenya has been on the receiving and hitting people gathered to watch entire mankind join forces in the fight end of many terrorist attacks, mostly fireworks on the national Bastille Day against terrorism, much worse things linked to Al Shabaab. The earliest (July 7). than we fear today will come true.” recorded attack in Kenya attributed to When Mohamed Lahouaierj Bouhlel For Africa and the East African terrorist elements was the bombing was finally gunned down by security region, it is useful to draw lessons from by alleged Palestinian Liberation forces and his deadly rampage halted, the experiences in America, Europe Organisation (PLO)-linked operatives he had killed 84 people and left more and other parts of the continent, of the then Jewish-owned Norfolk than 200 injured. inasmuch as this region has borne its Hotel in 1980. Three coordinated suicide bombings fair share of terrorism. The explosion that killed 20 people in Belgium, two at Brussels Airport in of several nationalities was believed to Zaventem and one at Maalbeek metro be an act of revenge by pro-Palestinian station, left 32 civilians dead and more Kenya has been militants for Kenya’s support of Israel’s than 300 injured. Three perpetrators on the receiving Operation Entebbe. linked to the November 15, 2015 end of various The counter-terrorist hostage- Paris attacks were killed. ISIL claimed rescue mission was mounted after an responsibility for the attack. terrorist attacks Air France plane with 248 passengers On June 28, 2016, a series of deadly mostly linked to was hijacked by two members of the explosions ripped through Ataturk Al-Shabaab Popular Front for the Liberation of International Airport in Istanbul, Palestine – External Operations (PFLP- Turkey, leaving 41 people dead

48 The Integrator August 2016 JUMUIYA YA AFRIKA MASHARIKI SPECIAL REPORT

EO) under orders of Wadie Haddad (who had earlier broken away from the PFLP of George Habash). On November 28, 2002 two missiles were fired at, but missed an Israeli passenger airliner as it took off from Moi International Airport, Mombasa. Shortly afterwards the Kikambala Hotel was attacked as it was receiving Israeli tourists. Three Israelis and ten Kenyans were killed in the explosion. In October 2011, the Somali military and the Kenya Defence Forces (KDF) mounted a coordinated operation against Al-Shabaab in southern Somalia. Since then, a series of explosions have rocked various parts of Kenya. In June 2012, KDF was formally integrated into AMISOM. On September 21, 2013, Al-Shabaab associated gunmen targeted and shot customers at the Westgate Shopping Mall in Westlands, Nairobi, killing 67 The aftermath of the terrorist bombongin Kampala during the July World Cup final. people of different nationalities, most of them Kenyans. suspicion of terrorism. international security.” In June 2014, more than 60 people According to the Global Terrorism Putin’s is alluding to a change of were killed in attacks in and near Index, more than 250 organisations tact in the “war on terrorism”. The Mpeketoni, Lamu, and Al-Shabaab have been named as perpetrators of war against the new face of terrorism again claimed responsibility. terrorist attacks. The five perpetrator must adopt a pragmatic, all-inclusive In yet another horrifying attack, groups responsible for the most approach for it to be effective. gunmen in April 2015 stormed the terrorist attacks in 2014 were ISIL, the Critics charge that the “war on Garissa University College, killing 147 Taliban in Afghanistan, Al-Shabaab, terrorism” is an ideology of fear and students and injuring dozens of others. Boko Haram in Nigeria and Maoists in repression that creates enemies The Al-Shabaab attackers claimed India. and promotes violence rather they were “retaliating over non- Among these groups, the average than mitigating acts of terror and Muslims occupying Muslim territory”. lethality of attacks carried out by strengthening peace and security. The There have been numerous other ISIL (6.46 people killed per attack), jury is out on this line of thought. lesser incidents, all linked to Al- the Taliban (4.07), and Boko Haram The worldwide campaign, the critics Shabaab and their suspected cells in were higher than the global average add, has too often become an excuse various parts of the country, including (2.57). The average lethality of attacks for governments to repress opposition attacks on passenger buses in carried out by Al-Shabaab (2.46) was groups and disregard international law Northern Kenya as well as ambushes slightly lower than the global average. and civil liberties. But there is a counter on Kenyan security personnel The “Reign of Terror” has cast a dark argument: Aren’t the perpetrators of and civilian targets with guns and shadow of gloom over the entire globe, terrorism the main violators of the improvised explosive devices (IEDs). calling for nations across the political, very same laws and liberties that they Al-Shabaab also continues to social and geographical divide to act crush with wanton impunity. target AMISOM troops and the Somali jointly through shared intelligence and Ultimately, governments need to military, as bombings and ambushes concerted action to tackle the grave address terrorism through regional rock Mogadishu and other liberated threat of terrorism. and international cooperation, using parts of Somalia, reinforcing the On May 9, 2016, Russia President international law and respecting civil resolve to end the terror wrought by Vladimir Putin called for the creation of liberties and human rights. this extremist militant group. a non-aligned system of international In conclusion, governments ought Fear of terrorists has piled pressure security to counter global terror, to address the root causes of terrorism, on security agencies at the national, saying: notably political alienation due to regional and international level to “Today our civilization has faced prejudice, state-sponsored violence, seal all loopholes exploited by terror brutality and violence – terrorism and poverty. groups. However, critics say anti- has become a global threat. We must terrorism laws can be discriminatory defeat this evil and Russia is open – Alberto Leny is a journalist who towards Muslims, while some to join forces with all countries and writes on peace and development politicians also fear that they could is ready to work on the creation of be arbitrarily used to arrest them on a modern, non-aligned system of

August 2016 The Integrator 49 JUMUIYA YA AFRIKA MASHARIKI JUMUIYA YA AFRIKA MASHARIKI LEGISLATION Acts of the Community

NO NAME OF AN ACT DATE PASSED DATE OF STATUS/REMARKS BY EALA ASSENT

1 The East African Community Appropriation Act, 2002 21/5/2003 9/10/2003 Assented to and into force

2 The Community Emblems Acts,2003 20/2/2003 9/10/2003 Assented to and into force

3 The Acts of the East African Community Act, 2003 30/7/2003 9/10/2003 Assented to and into force

4 The Laws of the Community (Interpretation) Act, 2003 24/7/2003 9/10/2003 Assented to and into force

5 The East African Community Appropriation Act, 2003 27/6/2003 9/10/2003 Assented to and into force

6 The East African Legislative Assembly (Powers and Privileges) Act, 20/5/2003 9/10/2003 Assented to and into force 2003

7 The East African Community Customs Management Act, 2004 16/12/2004 31/12/2004 Assented to and into force

8 The East African Community Appropriation Act, 2004 16/5/2004 6/12/2004 Assented to and into force

9 The East African Community Supplementary Appropriation Act, 27/9/2005 25/11/2005 Assented to and into force 2005

10 The East African Community Appropriation Act, 2005 27/9/2005 26/11/2005 Assented to and into force

11 The East African Community Standardization, Quality Assurance, 24/5/2006 10/9/2006 Assented to and into force Metrology and Testing Act, 2006

12 The East African Community Competition Act, 2006 21/9/2006 16/11/2006 Assented to and into force

13 The East African Community Appropriation Act, 2006 31/5/2006 10/9/2006 Assented to and into force

14 The East African Community Appropriation Act, 2007 11/9/2007 29/5/2008 Assented to and into force

15 The Summit (Delegation of Powers and Functions) Act, 2007 26/9/2007 29/5/2008 Assented to and into force

16 The East African Community Supplementary Appropriation Act, 11/9/2007 10/11/2008 Assented to and into force 2007

17 The Lake Victoria Transport Act, 2007 20/9/2007 29/5/2008 Assented to and into force

18 The East African Community Customs Management (Amendment) 25/9/2007 29/5/2008 Assented to and into force Act, 2007

19 The East African Community Joint Trade Negotiations Act,2008 11/12/2007 10/11/2008 Assented to and into force

20 The East African Community Customs Management (Amendment) 15/12/2008 31/7/2009 Assented to and into force Act, 2008

21 The East African Community Budget Act, 2008 10/12/2008 31/7/2009 Assented to and into force

22 The East African Community Appropriation Act, 2008 16/9/2008 31/7/2009 Assented to and into force

23 The East African Community (Supplementary) Appropriation Act, 16/9/2008 31/7/2009 Assented to and into force 2008

24 The Inter-University Council for East Africa Act, 2008 23/9/2008 31/7/2009 Assented to and into force

25 The Acts of the East African Community (Amendment) Act,2009 24/2/2009 27/10/2010 Assented to and into force

50 The Integrator August 2016 JUMUIYA YA AFRIKA MASHARIKI

NO NAME OF AN ACT DATE PASSED DATE OF STATUS/REMARKS BY EALA ASSENT

26 The East African Community Appropriation Act, 2009 27/5/2009 27/10/2010 Assented to and into force

27 The East African Community Customs Management (Amendment) 11/8/2009 27/10/2010 Assented to and into force Act, 2009

28 The Community Emblems (Amendment) Act, 2008 16/9/2008 31/7/2009 Assented to and into force

29 The Administration of the East African Legislative Assembly Act, 9/12/2010 10/5/2012 Assented to and into force 2011

30 The East African Community Supplementary Appropriation Act, 3/6/2010 22/12/2011 Assented to and into force 2010

31 The East African Community Appropriation Act, 2010 3/6/2010 22/12/2011 Assented to and into force

32 The East African Community Competition (Amendment) Act, 2010 15/4/2010 22/12/2011 Assented to and into force

33 The East African Legislative Assembly Elections Act, 2011 14/9/2011 10/5/2012 Assented to and into force

34 The East African Community Supplementary Appropriation 25/5/2011 23/8/2012 Assented to and into force Act,2011

35. The East African Community Appropriation Act, 2011 25/5/2011 23/8/2012 Assented to and into force

36. The East African Parliamentary Institute Act, 2011 15/9/2011 10/5/2012 Assented to but not yet operationalised by Council of Ministers

37. The East African Community Customs Management (Amendment) 6/12/2010 30/3/2012 Assented to and into force Act,2011

38. The East African Civil Aviation Safety and Security Oversight Agency 2/9/2010 2/9/2014 Assented to but not yet Act,2009 operationalised by Council of Ministers

39. The East African Community HIV & AIDS Prevention and 20/4/2012 Assented to but not yet Management Act, 2012 operationalized by Council of Ministers

40. The East African Community Conflict Management Act, 2012 29/5/2012 Assented to but not yet operationalized by Council of Ministers

41. The Community Emblems (Amendment) Act,2012 19/4/2012 Assented to

42. The East African Community Elections Act,2012 25/4/2012 Assented to but not yet operationalized by Council of Ministers

43. The East African Community Appropriation Act,2012 30/5/2012 Assented to and into force

44. The East African Community Customs Management(Amendment) 19/4/2012 Assented to and into force Act,2012

45. The East African Community One Stop Border Post (OSBP), Act, 2013 23.4.2013 Assented to and into force

46. The East African Community Vehicle Load Control Bill, 2013 29.5.2013 Assented to The Integrator A publication of the East African Legislative Assembly (EALA), East African Community Headquarters, Tel: +255-27-2162122 Fax: +255-27-2162179 Website: www.eala.org

JUMUIYA YA AFRIKA MASHARIKI

JUMUIYA YA AFRIKA MASHARIKI