East African Community (EAC)

Multilateral in force

INTRODUCTION

The Treaty for the Establishment of the East African Community (EAC Treaty) was signed on 30 November 1999 and entered into force on 7 July 2000 after its ratification by the three founding Partner States: Tanzania, Uganda, and Kenya. Rwanda and Burundi acceded to the EAC Treaty and became full members in 2007, followed by South Sudan in 2016. The Democratic Republic of the Congo (DRC) joined in 2022, while Somalia, admitted in November 2023, became a full member in March 2024. The EAC is one of the eight regional economic communities recognised by the African Union.

The EAC’s main objective is to enhance cooperation among its members to promote economic development through the establishment of a customs union, a common market, a monetary union, and a political federation. The EAC Common Market, established by the Protocol on the Establishment of the East African Community Common Market in 2009, ensures the free movement of goods, persons, labour, services, and capital, as well as the right to establishment and residence. Regarding labour, free movement remains restricted to specific categories of workers defined in the Schedule for the Free Movement of Workers under Annex II of the Protocol, which outlines the regulations for the free movement of workers. These categories primarily include high-skilled labour, such as administrators and managers, professionals in scientific, legal, and business fields, as well as other technical areas and crafts. These categories also apply when individuals move from one EAC Partner State to another to provide services under the free movement of services framework. Free movement of labour and the right to establish residency are accompanied by residency rights for citizens of Partner States, while other forms of stay related to the movement of persons are managed through various permits, such as special and student passes. Work permits are required for citizens of Partner States seeking employment or self-employment, although, in theory, they should not be denied. In 2017, the EAC Heads of State adopted the Political Confederation as a transitional step towards political federation, which may impact intraregional migration.

MEMBER STATES

  • UGANDA (2000)
  • TANZANIA (2000)
  • KENYA (2000)
  • RWANDA (2007)
  • BURUNDI (2007)
  • SOUTH SUDAN (2016)
  • DEMOCRATIC REPUBLIC OF THE CONGO (DRC) (2022)
  • SOMALIA (2024)

HEADQUARTERS

Arusha, Tanzania

DATE OF CREATION

30 November 1999

TIMELINE

1999The Treaty for the Establishment of the East African Community (EAC Treaty) is signed in Arusha, Tanzania on 30 November by the founding members Tanzania, Uganda and Kenya.
2000The EAC Treaty comes into force and the East African Community is officially established on 7 July.
2007The Republics of Rwanda and Burundi become full members of the EAC on 1 July.
2009The Protocol for the Establishment of the EAC Common Market (Common Market Protocol) is signed on 20 November.
2010The five Partner States ratify the Common Market Protocol, which comes into force on 1 July.
2016The Republic of South Sudan becomes a full member of the EAC on 5 September.
2017On 20 May 2017, the EAC Heads of State decide to adopt the Political Confederation as a transitional model of the East African Political Federation and directs that a constitution be drafted.
2022The Democratic Republic of Congo becomes a full member of the EAC on 1 July.
2023The Federal Republic of Somalia is admitted into the EAC on 24 November.
2024The Federal Republic of Somalia becomes a full member of the EAC on 4 March.

KEY LEGAL DOCUMENTS 

Treaty for the Establishment of the East African Community, 30 November 1999, Arusha, Tanzania.

Protocol for the Establishment of the EAC Common Market, 20 November 2009, Arusha, Tanzania.

Annex I to the 2009 Protocol: The EAC Common Market (Free Movement of Persons) Regulations

Annex II to the 2009 Protocol: The EAC Common Market (Free Movement of Workers) Regulations

Annex III to the 2009 Protocol: The EAC Common Market (Right of Establishment) Regulations

Annex IV to the 2009 Protocol: The EAC Common Market (Right of Residence) Regulations

Annex V to the 2009 Protocol: The EAC Common Market Schedule of Commitments on the Progressive Liberalisation of Services

ADDITIONAL LEGAL DOCUMENTS

The East African Community One Stop Border Posts Act, 15 April 2016

The East African Community One Stop Border Posts Regulations, 2017.

CASES EAST AFRICAN COURT OF JUSTICE

The East African Court of Justice, Reference No. 1 of 2011, The East African Law Society versus the Secretary General of the East African Community, 14th February 2013.

The East African Court of Justice, Reference No. 5 of 2011, Samuel Mukira Mohochi and the Attorney General of the Republic of Uganda, 17 May 2013.

FURTHER READING

International Organisation for Migration (2018), ‘Comparative Study on the Free Movement of Workers in Select East African Community Countries: Burundi, Kenya, Rwanda and the United Republic of Tanzania’, IOM.

Linda Oucho, L. Kandilige and P. Kazmierkiewicz (2023), ‘Labour Mobility and Regional Integration in East and Horn of Africa’, International Organization for Migration (IOM), Geneva.

Caroline Nalule, ‘Defining the Scope of Free Movement of Citizens in the East African Community: The East African Court of Justice and its Interpretive Approach’, Journal of African Law, 62, 1 (2018), 1–24, SOAS, University of London, 2018.

Patricia Ouma, ‘Stereotyping and Regional Integration in the East African Community: Challenges and Opportunities’ in J. Laine, I. Moyo and C. Nshimbi (eds.), Intra-Africa Migrations (Routledge, 2020).

Caroline Kago and Wanyama Masinde, ‘Free Movement of Workers in the EAC’ in Emmanuel Ugirashebuja et al. (eds.) East African Community Law: Institutional, Substantive and Comparative EU Aspects (Brill, 2017).