Now for an EA Constitution to cement unity

With the popular approval of a new draft Constitution via referendum, Kenya has become the last East African country to overthrow its founding document, a product of negotiations for Independence from the country’s erstwhile European masters.

The implications of this cannot be overstated.

Having finally discarded the remaining vestiges of its colonial past, the East African region now has the opportunity to chart a new course under a dispensation agreed to solely by its citizens.

This extends to the East Africa integration project.

Like its European counterpart, the East African Community is a treaty-based, institutional framework that defines and manages economic and political co-operation among the five member states.

The coming into force of the Common Market last month was a big step in this direction, soon to be followed by Monetary and ultimately Political Union.

However, though large majorities in all partner states approve of political federation, the involvement of the East African peoples in this endeavour has been, to say the least, minimal.

This situation raises several issues.

First, like its 1970s predecessor, the process is led and directed by the partner states’ governments, especially their Heads of State through the Summit, the EAC’s highest decision-making organ.

This not only renders it hostage to their personal proclivities, but also does little to foster a feeling of ownership of the Community among the populace.

A study last year found that one-third of East Africans had only a weak or no sense at all of being “East African.”

Secondly, since EAC legislation takes precedence over national laws, the effect is that the people find themselves subject to regulations and authorities that are not accountable to either them or their representatives.

Thirdly, the requirement for unanimity in EAC decisions makes the process of formulating laws inordinately slow and cumbersome.

To be sustainable in the long term, the EAC must evolve into a true union of peoples rather than a loose association of regional governments.

This is best done by the promulgation of an East African Constitution to replace the EAC Treaty as the basis of the Community.

Such a Constitution would spell out the definition and objectives of the Community and outlined its competences and institutional framework.

It would also enshrine a Bill of Rights and detail how the EAC would reach and implement decisions.

Like the Kenyan document, it would be negotiated through a consultative process taking on board the views of citizens in all partner states.

Ultimately, the decision of when and how to federate would be put to East Africans in a referendum.

This Constitution would represent the first time East Africans were involved in the integration project.

It would establish the Community in the hearts of the people and secure it for generations to come.

Without it, the long-cherished ambition of unity will remain prey to the fabled political will of the region’s leaders.