The East African Legislative Assembly (EALA) is a crucial organ of the East African Community (EAC), established under Article 9 of the Treaty for the Establishment of the East African Community.
Map of the East African Community Partner States
The Treaty establishing the East African Community was signed on November 30, 1999, and it came into force on July 7, 2000, with the initial Partner States being The Republic of Uganda, The Republic of Kenya, and The United Republic of Tanzania. Subsequently, The Republic of Burundi and The Republic of Rwanda acceded to the Treaty on June 18, 2007, and became full members on July 1, 2007. The Republic of South Sudan joined on April 16, 2016, becoming a full member on September 5, 2016. The Community's newest member, the Democratic Republic of the Congo, acceded to the EAC Treaty on April 8, 2022, and became a full member on July 11, 2022, thus expanding the number of the Community Partner States to seven.
Under the Treaty, the Assembly has a Membership comprising nine members elected by each Partner State; ex-officio members consisting of the Minister or Assistant Minister responsible for the East African Community Affairs from each Partner State; the Secretary General and the Counsel to the Community. Currently, the Assembly has 63 elected Members; and 9 ex-officio Members totaling to a Membership of 72.
Functions of EALA
The Assembly has a cardinal function in the furtherance of Community objectives; this function encompasses the legislative, representative and oversight mandate.
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Article 49 of the EAC Treaty establishes EALA as the legislative organ of the Community. Like most legislatures EALA has as its core functions legislating, oversight and representation. The Assembly may also perform any other functions as are conferred upon it by the Treaty.
Article 49 of the Treaty stipulates that the Assembly shall:
- Be the legislative organ of the Community.
- Liaise with the National Assemblies of the Partner States on matters relating to the Community.
- Debate and approve the budget of the Community.
- Consider annual reports on the activities of the Community, annual audit reports of the Audit Commission and any other reports referred to it by the Council.
- Discuss all matters pertaining to the Community and make recommendations to the Council as it may deem necessary for the implementation of the Treaty.
- May for purposes of carrying out its functions, establish any committee or committees for such purposes as it deems necessary.
- Recommend to the Council the appointment of the Clerk and other officers of the Assembly.
- Make its rules of procedure and those of its committees.
The Treaty bestows upon the Assembly the authority to establish any committee or committees for such purposes as it deems necessary.
Composition and Structure
There are 45 Members of EALA indirectly elected for a five-year (renewable) term by their respective National Assemblies, and five ex-officio Members. Nine members are elected from each member state.
Article 50 of the Treaty requires that EALA's Members "represent as much as it is feasible, the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups in that Partner State". As such, EALA members come from diverse backgrounds such as business, NGOs, retired civil servants and Members of the National Assemblies. Aside from the latter, most have little or no parliamentary (or political) experience.
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As noted above, EALA is empowered to make its own Rules of Procedure and to constitute Committees. EALA maintains seven standing committees:
- Accounts
- Agriculture, Tourism and Natural Resources
- General Purpose
- Commission
- Legal, Rules and Privileges
- Regional Affairs and Conflict Resolution
- Trade Communication and Investment
EALA may also appoint Select Committees as needed. The composition and leadership of each of these Committees is equally shared among the Partners States.
Evidence-Based Legislation
The assembly's rules mandate that all motions and proposals must be evidence-based to be admissible. The Speaker can reject motions lacking substantiating evidence, reinforcing legislative accountability from 2003 onwards.
Challenges and Gaps
The EALA's resolutions depend on the goodwill of the Council of Ministers for implementation. Additionally, it lacks the ability to enforce censure motions or compel partner states to comply with its recommendations.
Political parties in partner states exert significant control over EALA members, impacting their objectivity. This control can lead members to disregard evidence that conflicts with party agendas or interests.
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The assembly faces severe understaffing, with only four research officers for 62 members, and underfunding has restricted the capacity to produce quality evidence.
Legislative Achievements
Since its establishment, 91 Bills have been passed, with 66 receiving assent by heads of state.
| Metric | Value |
|---|---|
| Bills Passed | 91 |
| Bills Assented to by Heads of State | 66 |
