Assessing the role of east African legislative assembly in managing conflicts in the east African sub-region: 2001 - 2008

Abstract

Efforts at achieving integration in East Africa have a long history. Formal economic and social integration have been traced to, inter alia, the commencement of the construction of the Kenya-Uganda Railway (1897-1901), the establishment of the Customs Collection Centre (1900), the East African Currency Board (1905), the Postal Union (1905), the Court of Appeal for Eastern Africa (1909), the Customs Union (1919), the East African Governors Conference (1926), the East African Income Tax Board (1940) and the Joint Economic Council (1940).1 This paper outlines the development of the East African Community, from declaration of intent in 1963, establishment in 1967 and eventual collapse in 1977 and subsequent efforts at resuscitating the organisation culminating in the Treaty for the Establishment of the East African Community which was signed on 30th November, 1999. The paper examines progress made and posits that lack of a clearly defined conflict management mechanism within the Community poses a threat to the achievement of integration and the eventual goal of political federation. The paper asserts that looking at the conceptual and institutional basis of legislatures around the world, the East African Legislative Assembly has a pivotal foJeJ~ play in managing conflicts which is not recognized not only by policy-makers but also by the members of the Assembly themselves. The paper notes that the Assembly, in recognition of that role, established a Committee on Regional Affairs and Conflict Resolution. This was to compliment other legislative mechanisms such as legislation, representation and oversight, which, though seen as important processes in a democratic system, and particularly in the exercise of the principle of separation of powers, this paper argues that they have an inherent conflict management component. The essay assesses how these mechanisms have been utilised in managing conflicts in the sub-region and their viability and concludes that conflicts have been and will continue to be a phenomena in the sub-region which will consequently pose serious risks to the goal of economic and political integration. Mechanisms must therefore be clearly defined, developed and strengthened to manage conflicts which are part and parcel of human existence.