STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY 7. The East African Community legal and policy framework An EAC was first established in 1967 by the post-independence leaders of Kenya, Uganda and Tanzania, and lasted ten years before dissolving in 1977. While other forms of cooperation continued, it was not until 1993 that heads of state signed new agreement for a Tripartite Commission for East African Cooperation, and 1996 before a secretariat was put in place. In November 1999, negotiations among the three states finally resulted in the signing of a new Treaty for the Establishment of the East African Community, which entered into force on 7 July 2000. Rwanda and Burundi acceded to the treaty and joined the Community in 2007; South Sudan acceded to the treaty in April 2016 and formally joined the organization in October 2016. The EAC Treaty envisages a customs union, a common market, a monetary union, and ultimately a political federation; protocols to the treaty create the framework for the customs union (2004); the common market (2009), and the monetary union (2013). Most progress has been made towards the customs union, which entered fully into effect in 2010.326 The fundamental principles of the EAC include “good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples’ rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights” (Article 6 (d)). The EAC Partner States also “undertake to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights” (Article 7(2)). The EAC Court of Justice has confirmed the responsibility of the EAC, as an institution, to ensure that Partner States meet their obligations under the EAC treaty, which include their human rights obligations under the African Charter.327 The EAC Treaty commits Partner States to adopt measures to achieve free movement of persons, labour and services and to ensure the enjoyment of the right of establishment and residence of their citizens within the community.328 The common market protocol, in force since 2010, elaborates on these commitments, providing for the free movement of goods, people, labour, services and capital from one EAC state to another, as well as for the rights of establishment and residence without restrictions.329 Annexes provide greater detail on these rights, including regulations adopted in 2009 on freedom of movement.330 Under these agreements, citizens of any EAC Partner State have the right to visa-free travel and to stay in other Partner States for up to six months. They may accept employment or work self-employed in another state, though subject to obtaining a work permit. Implementation of these agreements remains incomplete, although some law reforms have been adopted.331 There is a general project to harmonise national laws in order to facilitate the creation of the common market in the region. The common market protocol also provides for standardisation of identification and travel documents (Articles 8 and 9). The second EAC development strategy for 2001-2005 called on Tanzania and Uganda to adopt a national identity card.332 An East African passport was launched as early as 1999, with the aim of simplifying travel within the states. This document was not recognised as a travel document outside of the 326 Background on the EAC including the treaty and protocols, available at: http://www.eac.int/. 327 EACCJ Reference No. 1/2007, James Katabazi and 21 others vs. Uganda, Judgment of 1 November 2007. 328 EAC Treaty, Article 104 (scope of cooperation). 329 Protocol on the Establishment of the East African Community Common Market. See especially Article 5 on scope of cooperation, and Part D on Free Movement of Persons and Labour. 330 The East African Community Common Market (Free Movement of Persons) Regulations Annex I, November 2009. An overview of the common market and links to the other annexes is available at: http://eac.int/commonmarket/index.php?option=com_content&view=article&id=80&Itemid=117. 76 331 Page on Free Movement of Persons and Labour, available at: https://www.eac.int/immigration. 332 Second EAC Development Strategy 2001-2005, East African Community, p. 41. UNHCR / September 2018