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THE STATE OF EAST AFRICA REPORT SERIES

Legal Status of Laws

Introduction
The East African Legislative Assembly is the legislative organ of the Community established under Article 9(1)(f) of The Treaty for the establishment of the East African Community (hereinafter referred to as the Treaty) vested with the same functions as those of Partner States Parliament namely legislation, oversight and representation as prescribed in Article 49(2) of the Treaty. It is the only regional Parliament vested with full powers in respect of these traditional functions of a Parliament. Even the European Parliament does not have full legislative powers enjoyed by the East African Legislative Assembly. It is therefore well positioned to deliver to the people of East Africa on their expectations.

RATIFIED PROTOCOLS BY ALL PARTNER STATES (12) PENDING PROTOCOLS (9)
1

Protocol on Combating Drug Trafficking in the East African Region in accordance with Art 124(5)(e)) of EAC Treaty. Date concluded 13.01.2001

Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion Art. 83. Only The Republic of Rwanda has informed the Secretary General on procedures taken pursuant to Article 30 of the Agreement to bring it into force. Date concluded 28.04.1997.
2

Protocol on Standardisation, Quality Assurance, Metrology and Testing in accordance with Art. 81(4)) of EAC Treaty. Date concluded 15.01.2001

Protocol on Environment and Natural Disasters in accordance with Art. 111- 114. Only The Republic of Uganda and the Republic of Kenya have ratified this Protocol. Date concluded 03.04.2006.
3

Protocol on Decision- Making by the Council in accordance in accordance with Art.15(4). Date Concluded 21.04.2001

Protocol on the Establishment of the East African Kiswahili Commission in accordance with Art. 119. Only the Republic of Kenya has ratified this Protocol. Date concluded 18.04.2007.
4

Tripartite Agreement on Road and Transport in accordance with Art. 90. Date concluded 29.11.2001.

Protocol on the Establishment of the East African Health Research Commission in accordance with Art. 118. Only the Republic of Kenya and Uganda have ratified this Protocol. Date concluded 18.04.2007.
5

Protocol on the Establishment of the Inter-University Council for East Africa in accordance with Art.9. Date concluded 13.09.2002

Protocol on Foreign Policy Co-ordination in accordance with Art. 123. Ratification was required by 30th June 2011. Only the Republic of Burundi and Republic of Kenya have ratified this Protocol. Date concluded 03.12.2010.
6

Tripartite Agreement on Inland Waterway Transport in accordance with Art. 94. Date concluded 30.11.2002.

Protocol on Peace and Security in accordance with Art. 124. Ratification process is underway and is expected to be finalized by 16th January 2014. Date concluded 28.04.2012
7

Search and Rescue Agreement in accordance with Art. 124. Date concluded 13.09.2003.

Protocol on Co-operation in Defence Affairs in accordance with Art. 125. Ratification was required by 30th November 2012. No Partner State has ratified this Protocol. Date concluded 16.02.2013.
8

Protocol on the Establishment of the East African Community Customs Union in accordance with Art. 75(7)). Date concluded 29.11.2003.

Protocol on Sanitary and Phytosanitary Measures in accordance with Articles 105 – 111. Date concluded 12.07.2013.
9

Protocol for the Sustainable Development of Lake Victoria Basin in accordance with Art. 114. Date concluded 02.03.2004.

Protocol on Information, Communications and Technology in accordance with Art 99 and 103. Yet to be signed following approval by the Summit Heads of State.
10

Protocol on the Establishment of the East African Science and Technology Commission in accordance with Art. 103. Date concluded 18.04.2007.

11

Protocol on the Establishment of the East African Civil Aviation Safety and Security Oversight Agency in accordance with Art. 92. Date concluded 18.04.2007.

12

Protocol on the Establishment of EAC Common Market in accordance with Art. 76. Date concluded 20.11.2009.



LAWS ENACTED BY EAC LEGISLATIVE ASSEMBLY (27) BILLS PENDING ENACTMENT (10)
1

The East African Community Emblems Act 2003

The East African Community Privately- Funded Infrastructure Bill, 2009
2

The East African Community Interpretation Act

The East African Joint Negotiations Act (Amendment) Bill, 2011
3

The Acts of the Community Act 2003

The East African Community Anti- Counterfeit Bill, 2010
4

The East African Legislative Assembly (Powers and Privileges) Act, 2003.

The EAC Assets Protection Bill, 2012
5

The Inter-University Council for East Africa Act, 2008.

The East African Community Oaths Bill, 2012
6

The East African Community Civil Aviation Safety and Security Oversight Agency Act, 2009

The East African Community Sectional Ownership Bill, 2011
7

The East African Community Service Commission Act, 2010

The East African Community Electronic Transactions Bill. 2011
8

The Administration of the Legislative Assembly Act, 2010

The East African Community Holidays Bill, 2013
9

The East African Community Parliamentary Institute Act, 2012

The East African Community Disaster Preparedness Bill, 2013
10

The East African Community Emblems Act (Amendment) Act, 2012

11

The East African Community Customs Management Act, 2004

12

The East African Community Competition (Amendment) Act 2009.

13

The Lake Victoria Transport Act, 2007

14

The East African Community Joint Trade Negotiations Act, 2008.

15

The East African Community Standardisation, Quality Assurance, Metrology and Testing Act, 2008

16

The East African Community Budget Act, 2009

17

The East African Legislative Assembly Members Election Act, 2011

18

The East African Community Trans-Boundary Eco-system Management Act, 2011

19

The East African Community Polythene Materials Control Act, 2011

20

The East African Community HIV and AIDS Prevention and Management Act, 2012

21

The East African Community Human and Peoples’ Rights Act, 2012

22

The East African Community Conflict Management Act, 2012

23

The East African Community Vehicle Axle Load, Act 2013

24

The East African Community One Stop Border Posts Act, 2013

25

The EAC Appropriation Act (2007 – 2009)