EAST AFRICAN COMMUNITY 2 ND EAST AFRICAN CIVIL SOCIETY OPERGANISATIONS’ FORUM (EA-CSO FORUM) Impala Hotel, Arusha, Tanzania 21 st – 23 rd November, 2007 Presentation on the Zero Draft Protocol to Operationalise Extended Jurisdiction of the East African Court of Justice by Wilbert T K Kaahwa, Counsel to the East African Community

1.0 INTRODUCTION East African Community (legal basis; nature of co-operation / integration; developments to date) Treaty for the Establishment of the East African Community (nature of instrument; implementation levels) Institutional framework (Articles 9, 23 – 47 of the Treaty) Jurisdiction of the East African Court of Justice (Article 27 of the Treaty)

Differences with defunct Court of Appeal for East Africa (Geographical and juridical jurisdiction) Reasons for initial limitation of jurisdiction (Jurisprudential developments; Court heirachical systems; low level of integration)

2.0 BACKGROUND TO THE DEVELOPMENT 2.1. GENERAL BACKGROUND - Increased operationalisation of EAC Projects and Programmes; - Establishment and operationalisation of the EAC Customs Union (expected trade related disputes); - Fast tracking of the Political Federation.

2.2. DECISION OF THE SECTORAL COUNCIL ON LEGAL AND JUDICIAL AFFAIRS - Preparation of the zero draft protocol; - need for broad consultative process (identified stakeholders; issues worth addressing).

3.0 CONTENTS OF THE ZERO DRAFT PROTOCOL 3.1. Introduction / comparison with the Court of Appeal for East Africa; 3.2.Provisions for: (a) Original Jurisdiction (Part B: Articles 2 – 8) e.g. interpretation and application of the Treaty; questions of international law; actions of the Community;

(c)Appellate Jurisdiction )PART D: Articles 20 – 25) (b)Human Rights Jurisdiction (PART B: Articles ); (d)Other Jurisdiction (PART E: Articles 26 – 27 (including Alternate Dispute Resolution); (e) Miscellaneous (PART F: Articles 28 – 37).

4.0 ISSUES TO BE ADDRESSED / EXPECTATIONS 4.1. The legal content of the provisions (in light of the provisions of the Treaty) 4.2. Partner States’ constitutional provisions on Courts of Judicature (heirachy jurisdiction, etc) 4.3. Harmonisation processes (Article 126 of the Treaty – municipal laws, training syllabi, judgments) 4.4. Different stakeholders’ expectations 4.5. Role of the East African Court of Justice to-date (cases handled; impact on society and development of jurisprudence)

5.0CHALLENGES 5.1.Progress to date and problems (financial, capacity) 5.2.Partner States’ commitment 5.3.Expansion of Country Membership of the Community