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Law

I Do Not Trust You! Is Trust the Missing Link in the Regional and Economic Integration of the East African Community?

  • Posted by Muoki Musila
  • Categories Law, Op-ed, Planning, social
  • Date November 6, 2023
  • Comments 0 comment

Building Trust for a Stronger East African Community

The East African Community has long been impacted by mistrust between sister countries slowing regional integration and the creation of a  single market with a fully realized movement of people in the region. The regional bloc can be cited as one of the most promising in the African continent with the potential to achieve great heights in economic development, trade, and regional peace. Yet, it has struggled with mistrust among its members, hampering its growth and full realization of its potential.

Mistrust among East African nations is a multifaceted problem, stemming from historical disputes, territorial conflicts, security concerns, economic disparities, and national interests. However, with the establishment of the EAC Common Market Protocol and the African Continental Free Trade Area (AfCFTA) investment protocol, the stage is set for nations to pursue increased trust to facilitate trade and regional integration. It is therefore imperative that the nations focus on mechanisms for reconciliation, collaboration, and mutual understanding for the sake of regional stability and prosperity. By doing so, we can unlock numerous benefits that will not only bridge the divides but also propel the East African Community towards a more promising future.

Contextualizing Mistrust in the Region

Article 7 of the EAC’s Common Market Protocol says that it is up for individual states to apply for visa exemptions as the free movement of personas is not an absolute right and is subject to limitations imposed by host partner states for reasons of public policy, public security, or public health. This has resulted in only DRC, Kenya, Uganda, South Sudan, and Burundi applying texts on the free movement of goods and people within the EAC with the exceptions of Tanzania and Rwanda. Democratic Republic of Congo is still struggling with visa waivers a year on into various countries despite having joined to community in 2022 with nations citing insecurity issues that have further fueled mistrust.

Burundian military personnel arrive at Goma airport in eastern Democratic Republic of Congo for Regional peace keeping on March 5, 2023. /CFP

Further, a sour relationship has ensued among the nations with Kigali due to the accusation of President Kagame’s involvement in expansionist claims supporting rebels and disrupting democratic life in DRC. This is amid efforts by the EAC-backed forces to pursue peace in the country which has been hampered by, well, a string of accusations signifying growing mistrust between the member states. Between Kenya and Tanzania, the barbaric actions of burning 6,000 one-day-old chicks bound for Tanzania and confiscation of over 4,000 Tanzania heads of cattle in Kenya further illustrate the sour relationships between the nations. An incursion of Rwandan forces into Uganda in 2019 resulted in the killing of two civilians in the Rukiga border town escalating tensions into a serious risk of armed interstate conflict. With this nature of relationships, achieving success in regional integration and cross-border trade becomes challenging for the nations unless something is done.

Open Diplomacy and Conflict Resolution Mechanisms

One of the primary ways to rebuild trust within the East African Community is through open diplomacy and conflict resolution mechanisms. Regular and transparent dialogues among member states can help address historical differences and territorial disputes. At the region’s disposal is the 2012 conflict management bill that needs to be adopted and put into practice to ease tensions that stifle integration efforts among the nations. The framework has to cease existing as a mere suggestion and be used to explore mechanisms for mediation with a mandate for engaging in dialogue with political actors, communities, local leaders, and at times armed groups. Moreover, EAC can establish a dedicated department for conflict resolution, where impartial mediators can assist in resolving conflicts and fostering mutual trust.

“…accelerated efforts in making concessions for the development of a common market where goods, services, and labor can move freely, and the harmonization of regulations to promote trade across borders are needed”

The EAC could take inspiration from the African Union’s Peace and Security Council and create a similar body to address regional security issues, ensuring that member states are working together to find peaceful solutions rather than resorting to armed conflicts. The goal should be to prevent disputes from escalating and create a culture of collaboration over confrontation.

Economic Cooperation and Inclusive Trade Policies

Economic disparities often breed mistrust, as nations may fear that their interests are not being adequately protected within the community. To alleviate this concern, the EAC should emphasize economic cooperation and create inclusive trade policies that benefit all member states. This reflects on the basis of the community, in particular the Common Market Protocol which seeks to create a common and single market for the region with reduced tariff and non-tariff barriers. Nations must therefore not lose sight of the expected common economic gains with accelerated trade liberalization.

Thus, accelerated efforts in making concessions for the development of a common market where goods, services, and labor can move freely, and harmonization of regulations to promote trade across borders are needed. Established in 1999, the realization of these aspirations has dragged on for over two decades highlighting the need for concerted efforts to enhance economic gains and prosperity. This will not only boost economic growth in the region but also alleviate the feeling of exploitation or inequality that can lead to mistrust. A strong focus on mutual benefit will foster economic interdependence, making the interests of each nation inherently linked.

Joint Security Initiatives

Addressing security concerns is pivotal in building trust among East African nations. To promote regional stability, member states should consider joint security initiatives and information sharing to combat terrorism, piracy, and cross-border crimes. By working together, the EAC countries can create a safer environment for their citizens, mitigating the fear of insecurity that often breeds mistrust.

The benefits of such cooperation extend beyond just security; it can facilitate trust-building by fostering a sense of unity and common purpose. Moreover, the EAC can develop a framework to address historical security concerns and territorial disputes, promoting peaceful resolutions and easing long-standing tensions. The East African Court of justice is a necessary starting point to enhance adherence to law in the interpretation and application of the treaty which binds the seven nations together.

Counterfeit and Intellectual Property Protection

Counterfeiting is a significant issue that has led to disputes within the EAC. Addressing this concern is not only about economic interests but also trust. The EAC should establish robust mechanisms for combating counterfeit products and protecting intellectual property rights. This calls for serious and efficient implementation of the existing EAC Anti-Counterfeit Bill (2013) which provides a legal framework to enhance quality and safety standards among goods within the borders.

A common regulatory framework for ensuring the quality of products and effective enforcement of intellectual property rights can significantly reduce counterfeit trade. Equally, there is a need for deliberate action in implementing the EAC Intellectual Property policy to enhance technical innovation and promote industrial and commercial use of technical inventions and innovations while enhancing trust among nations. This not only benefits legitimate businesses but also reassures member states that their interests are being safeguarded within the community. When nations see that their concerns are being addressed, it builds trust and encourages them to collaborate more closely.

Benefiting from Enhanced Trust

Trust is a cornerstone of economic growth. When nations trust one another, they are more likely to engage in trade and investment, leading to increased economic prosperity for the entire region. Thus, trust-building mechanisms can lead to a more peaceful and stable region, reducing the likelihood of conflicts and promoting security, which is crucial for long-term development.

At the citizen level, a united and harmonious East African Community encourages cultural exchange, leading to a better understanding among nations and fostering regional identity. Thus, as trust increases, member states are more likely to collaborate on infrastructure projects, education, healthcare, and other sectors that benefit the entire community. This will further open doors for better diplomatic relations not only within the EAC but also on the international stage creating a more influential and unified regional diplomacy.

 

Muoki Musila is an Kenyan based economist. These are the writer’s own opinions and do not necessarily reflect the viewpoints of Liberty Sparks. Do you want to publish in this space? Contact our editors at [email protected] for further clarification.

Tag:#AfCFTA #EAC #CrossBorderTrade #RegionalIntegration #Peacekeeping

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Muoki Musila

Muoki Musila is a Kenyan-based economist. He is the marketing and Communications Associate at
Liberty Sparks

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