The 2nd Annual East African Civil Society Organizations Forum on the theme: Elaborating on the Human Rights System of the East African Community

Transcription

1 The 2nd Annual East African Civil Society Organizations Forum on the theme: Elaborating on the Human Rights System of the East African Community 21 & 22 November 2007, Ngurdoto Mountain Lodge, Arusha, Tanzania Report compiled by: Dr. Yitiha Simbeye And Selemani Kinyuyu The East Africa Law Society Haile Selasie Road, Plot 64 P. O. Box 6240, Arusha, TANZANIA Tel/ Fax: ( ) Cell: (+255)

2 FORUM REPORT 1.0 Introduction In 2005, the first regional workshop for Civil Society Organisations (CSOs) of the East African Community (EAC) was organised as part of the EAC s plan under its mandate to provide a forum for CSO engagement under Article 127(4) of the EAC Treaty. During the workshop the EAC Background Paper on Civil Society Participation in East Africa was discussed, the civil society status in East Africa was reviewed and an appropriate consultation and involvement mechanism for Civil Society within EAC as drafted in order to draw a roadmap on the establishment of an East African NGO Forum. 1 It was recommended that a forum; the EACSO Forum be established as an autonomous body to serve as an umbrella body of all NGOs and CSOs in the region, mandated to facilitate avenues for active engagement between Civil Society and the Community and its organs. The turnout, as well as the enthusiasm and impetus generated by the Forum were outstanding and exceeded the expectations and projections of the organizers. The organizers sought to convene and SIDA assented to support an annual EA-CSO Forum. The primary objective of the Forum is to contribute to the development of a critical mass of knowledgeable and empowered civil society, in order to foster their confidence and capacity in articulating grassroots needs and interests to the EAC, and its various organs, institutions and agencies. A Steering Committee was established to oversee the implementation of the recommendations vis-à-vis the establishment of the Forum. The Steering Committee met on three occasions throughout the year in order to formulate the forums guiding Principals and Constitution and the final document formulated was presented to the Forum Opening Ceremony 1 Hereinafter: The Forum 2 See Item 4.1 & Annex 2

3 The Forum started with the airing of a documentary from Women Direct titled Changemakers. The film focused on the achievements of individual women in effecting change in their communities. Following on from the film the first session commenced under the chairmanship of Tito Byenkya, who introduced the speakers with apologies from the Hon. Abdirahin Haithar Abdi, Speaker, of the East African Legislative Assembly, Mr. Tom Odhiambo Ojienda, President of the EALS and Mr. Duncan Okello who is the Regional Director of SID-EA. 2.1 Welcome Remarks In his opening Remarks, Mr Donald Deya the CEO of the East Africa Law Society (EALS) shared with the participants that the EALS and, him as an individual, believed that there is a need for a critical mass of well informed civil societies that will contribute towards regional integration and actively participate in the Forum. In addition, Deya stressed the need to review relations with neighbours not just within the EAC in order to build bridges within and without the EAC. 2.2 Searching for the Soul of East Africa Following on from these opening remarks by the CEO of the EALS, Mr Aidan Eyakuze, Programme Director, SID EA, gave an overview of SID-EA. SID-EA was formed by the United Nations (UN) over 50 years ago to amplify human development and to impact on the activities of the environment within the region. Mr Eyakuze presented the participants with a stimulating overview of East Africa, its particularities and individualities, as nations and individuals. His presentation, titled: Searching for the Soul of East Africa was based on SID-EA s State of East Africa Reports titled: Searching for the Soul of East Africa The report was born out of seven workshops as a response to the growing realisation that the EAC process is not people driven. The report attempts to explain the invisible and informal forces that drive the EAC, and in outlining the search for the East African soul, Mr Eyakuze contended that East Africa and East Africans are undergoing tension of two worlds. The Region and its people are straddled between their individualism and identity, 3

4 and the imported identity imposed by the colonial masters. This conflict between two worlds, according to Mr Eyakuze, cannot be ignored. The search for the soul of East Africa cannot ignore the intangible realities of the EAC harmonization process. For example, a particular intangible reality is the rapid urbanisation within the East African Region, indeed, according to Eyakuze, it is the fastest urbanising region in Africa. Another important intangible issue is that of race; ethnicity/race and cultural diversity have and are politicised in the region. These intangible realities must be resolved. But not all intangible realities are negative, as was demonstrated by the push for integration that mobile phone technology has brought about with individuals now being able to use their local simcard in other East African countries. 2.3 Keynote Address Mr Eyakuze s stimulating presentation was followed by a presentation from the keynote speaker, Hon. Abdallah Mwinyi of the East African Legislative Assembly (EALA) and current chair of the Legal Committee who represented the Speaker of the Assembly. Hon Mwinyi reiterated the need for human rights in all aspects of human life, and in particular that human rights be reflected in all legislation at the sub-regional and national level. He outlined the supra-national nature of EAC legislation in his brief overview of the Legislative Assembly. Hon Mwinyi reiterated the fact that although the human rights system has remained the premise of academicians, politicians and technocrats there is a great need for the human rights to reach out more to the people, thus, there is a role of the EALA to play; legislative, oversight and participatory. Further, Mwinyi noted that human rights are a key agenda of the EAC as expressly provided for in Article 6 of the EAC treaty, that sound human rights policies are a conditional precedent for joining the EAC. However, there are limitations and Hon Mwinyi mentioned one primary obstacle; the lack of enforcement mechanisms at a regional level as illustrated by the James Katabaze case, where it was held, inter alia that the East African Court of Justice (EACJ) has no jurisdiction to deal with human rights issues at a regional level. 4

5 Of vital importance, Hon Mwinyi reminded the participants, of the need to develop a code/benchmark by which countries are measured against as regards human rights standards, particularly aspiring new members. Some proposed benchmarks for a national human rights standards code would include (i) (ii) (iii) (iv) the requirement that human rights be secured in the given country s constitution demanding specific funding be set aside for human rights inclusion requiring national courts to have the power to make binding decisions with regard to human rights based decisions the establishment of a regional body to monitor human rights 2.4 Comments, Questions & Answers Opening Ceremony Q&A There was a general sense amongst the comments and questions raised that regional integration is hindered by East African people s ignorance. Participants proposed that an annual status report on human rights activities be prepared by the Forum and presented to the EAC. Q. Would it not be better to extend the jurisdiction of the EACJ rather than set up a regional body to monitor human rights? A. There should be overall development of a human rights system under which there are various processes, more than just the human rights court. Q. What is the role of the EALA in implementing and ratifying human rights instruments? A. EALA is mainly persuasive in nature and has a limited mandate Q. What is the relationship between civil societies within the framework of the EAC? A. CSOs should act as monitors of the processes of the EAC, they should also contribute to 3 Hereinafter, in Question and answer sessions: Q. = question, A. = answer 5

6 the process by way of recommendations. Q. What is the expected outcome of the Forum? A. A communiqué will be developed to address key issues covered. Q. Regarding the EALA standing committee on regional conflict, what is the mandate for conflict resolution in other countries, for example Congo? A. EALA has a limited mandate to partner states, within members of the EAC it has the power to intervene through use of sanctions. Q. What are the home-grown solutions to improve on the EAC given that it had already collapsed? A. Going to the conflict areas and dealing with the local leaders and also the parties to the dispute Opening Ceremony - Comments Participants were of the opinion that an ombudsman is required to harmonise human rights law between partner states and the EAC. However, there was some disappointment from the Rwandese and Burundian participants that Rwanda and Burundi were excluded in the EAC feeling. Further disappointment was put forward at the lack of women on the podium. However, on a more positive note, it was suggested that the Forum ought to be used as a catalyst and a platform for organisations that do not have audience before the community thus ensuring maximum participation across the region. 3.0 The Human Rights System of the EAC This session, chaired by Dr. Yitiha Simbeye, looked at two specific areas vis-à-vis human rights in the region: 6

7 (i) (ii) The Zero Draft Protocol to operationalize the extended jurisdiction of the East African Court of Justice (EACJ) The Draft East African Bill of Rights In presenting his paper, Hon Wilbert Kaahwa, Counsel to the Community, outlined the differences between the EACJ and the defunct Court of Appeal for East Africa; such differences include geographical and juridical jurisdiction. In addition, the defunct East Africa (EA) court only had appellate jurisdiction. Kaahwa summarizing the reasons for the initial limitation of the EACJ s jurisdiction being jurisprudential development, the Court s hierarchical system and low levels of integration. Prior to outlining the procedures that led to the discussion on the EACJ s jurisdiction being extended, Kaahwa impressed upon the participants the need for CSO s to address issues of human rights and fundamental principles of the EAC, explaining that the Treaty establishing the EAC provides an institutional framework for addressing human rights issues under Article 9. 4 He stated that the Treaty did not exclude the expansion and if given such powers by Ministers it can extend its jurisdiction. Recommendations given with regard to the issues to be covered under the extended jurisdiction include: 1. Specific commercial issues that need to be reviewed 2. Environmental issues 4 Article 9 Establishment of the Organs and Institutions of the Community 1. There are hereby established as organs of the Community: (a) the Summit; (b) the Council; (c) the Co-ordination Committee; (d) Sectoral Committees; (e) the East African Court of Justice; (f) the East African Legislative Assembly; (g) the Secretariat; and (h) such other organs as may be established by the Summit. 2. The institutions of the Community shall be such bodies, departments and services as may be established by the Summit. 3. Upon the entry into force of this Treaty, the East African Development Bank established by the Treaty Amending and Re-enacting the Charter of the East African Development Bank, 1980 and the Lake Victoria Fisheries Organisation established by the Convention (Final Act) for the Establishment of the Lake Victoria Fisheries Organisation, 1994 and surviving institutions of the former East African Community shall be deemed to be institutions of the Community and shall be designated and function as such. 4. The organs and institutions of the Community shall perform the functions, and act within the limits of the powers conferred upon them by or under this Treaty. 5. In the appointment of staff and composition of the organs and institutions of the Community, gender balance shall be taken into account. 7

8 3. Labour contracts Hon. Kaahwa acquainted the participants with the general background to the protocol, explaining that with increased operationalisation of the EAC there was a need to expand the EACJ s jurisdiction. Preparations for the zero draft protocol required broad consultative process that identified stakeholders and issues worth addressing. Thus the following sections of the current structure were identified as being ripe for review: (a) Original Jurisdiction (Part B: Articles 2 8) e.g. interpretation and application of the Treaty; questions of international law; actions of the Community (b) Appellate Jurisdiction (Part D: Articles 20 25) (c) Human Rights Jurisdiction (Part B: Articles 9-19); (d) Other Jurisdiction (Part E: Articles (including Alternate Dispute Resolution); (e) Miscellaneous (Part F: Articles 28 37). Kaahwa informed the participants that in the review it is essential that national jurisdictions be analysed. Thus partner States constitutional provisions on Courts of Judicature, with regard to hierarchy jurisdiction are analysed. The harmonisation process includes looking at municipal laws, training syllabi and judgments. It is also important to garner different stakeholders expectations of the court. Thus CSO engagement is crucial. Also important in the drafting process is the review of the role of the EACJ to-date, an assessment of cases handled and the impact on society and the development of jurisprudence. Acknowledging the limitations placed upon progress as a result of financial capacity, Kaahwa acknowledged the need for Partner States commitment. 3.2 The Draft East African Bill of Rights Having heard how the EACJ could in the future be seized on human rights issues, the participants were given insight into the draft EA Bill of Rights by Anthony Kuria of the Kenya National Human Rights Commission. Kuria briefed the participants that the rationale behind the draft bill is to provide a source of law for the extended jurisdiction of the EACJ. The bill has political support from the secretariat and will be submitted as a protocol or as a 8

9 bill to the EALA. It was drafted by Kituo Cha Katiba which has observer status at the EAC Summit. Kituo Cha Katiba was able in 2006 to establish a taskforce to look into the constitutions of the East African States and in drafting the bill borrowed heavily from international and regional documents. Kuria however did note that the Constitutions of both Burundi and Rwanda were not considered in the drafting process as at the time the states were not members of the EAC. Consequently, he urged CSOs and interested parties from the former states and the region at large to contribute to the ongoing drafting process. 6 categories are covered in the bill: 1. Dignity rights (torture and privacy etc) 2. Freedom (conscience, assembly and association etc) 3. Equality 4. Social rights 5. Citizen rights (freedom of movement etc) 6. Justice/guarantee rights (refer to power of the states not to harm the individual) Under which the following rights are included: i ii iii iv v vi vii viii ix x Right to life (expanded to prevent abortions based on the rationale of Africanism) Personal liberty requiring detention only at gazetted areas Right to public access to info; borrowed from UG constitution Art 12; freedom of movement and right to travel documents without hindrance right to vie for political office as an independent candidate social protections to include food, housing, universal basic education at both private and secondary level rights of the family limited to same sex couples right to property and manner in which state can acquire individual property on grounds of public interest women s rights that do away with cultural barriers maternity rights 9

10 xi xii xiii xiv xv rights of internally displaced persons art 38; limit as to tenure for presidents being a maximum of 2 terms of 5 years citizens duty to report corruption right to live in a corruption free society duty to practise business ethically Ouster clauses: i ii iii iv v vi fair hearing life habeas corpus slavery human dignity state of emergency only effected by a 2/3 vote by parliament but subject to judicial review 3.3 Comments, Question & Answers Q&A on The Zero Draft Protocol to Operationalize the Extended Jurisdiction of the East African Court of Justice Q. How does the Zero Draft Protocol ensure citizens participate in the integration process? A. Through the EALA as a representative organ of the people, CSOs are granted observer status and though the common market. Q. What is the position of the EAC as regards the ethical standards of members of the EACJ bench? A. Judges can only be dismissed if they are found liable of misconduct by an independent entity. Q. What are the checks and balances existing within the EAC? 10

11 A. EAC is subject to international law and member states can impose sanctions on other states Q & A on The Draft East African Bill of Rights Q. What does the bill of rights say about the rights of children, minorities and people with disabilities? A. Articles provide for rights of vulnerable persons to include the right to emergency treatment. Q. What does the bill of rights say about same sexual orientation? A. The bill denounces discrimination based on sexual orientation. Q. What does the bill do to enforce political rights vis-à-vis independent candidates? A. The bill cannot enforce private agreements between political parties and candidates, but provides basic rights. Q. What does the bill provide with regard to affirmative action and women s participation? A. The bill provides for a quota system quota for public provision and office Comments Participants noted that the stringent requirements to obtain observer status within the EAC should be set aside, and that the EACJ has been very proactive with regards to issues of harmonization of the various legal regimes of the 5 member states. Further, the EACJ has set good precedent in its first cases. Participants were, however, worried about the over reliance on the doctrine of sovereignty within the EAC and proposed the re-establishment of the defunct EA Court of Appeal. In addition, it was felt that there is a need to redraft the 11

12 Zero Draft Protocol to be inline with international standards. Of note, the Forum, it was put forward that current passports state categorically that they are the property of the state and may be withdrawn at any instance thus infringing on the right to travel. 4.0 Development of Regional CSO Fora The session, chaired by Mr. Tito Byenkya was reorganised in order to accommodate Mr Sabuni who had to leave earlier than scheduled. Thus, the session that focussed on the development of regional CSO included a presentation on HIV/AIDs, law and policy. However, prior to Sabuni s presentation, Mr Tito Byenkya presented the Steering Committee s report to the Forum. 4.1 Report of the EA CSO Forum Steering Committee Mr. Tito Byenkya, CEO, Uganda Law Society gave an outline of the steering committees meeting that occurred prior to the Forum. Meeting notes are attached. 4.2 HIV/AIDS, Law and Policy in Eastern Africa: A Status Report Mr Sabuni of the Eastern Africa National Networks of AIDS Service Organizations gave the participants an overview of the HIV/AIDS law and policy in Eastern Africa. In his presentation, he outlined the pandemic and its effects on the region s economic and social development and presented to the participants the need for enhanced policy at the regional level to combat the scourge of the disease. Sabuni informed the Forum that the HIV/AIDS is an important issue that the Forum ought to rank as a priority in its engagement with the EAC, to ensure that at all levels HIV/AIDS is mainstreamed. 4.3 Comparative Experiences from Southern Africa In his presentation, the General Secretary of the Southern Africa Development Community s (SADC) Council of NGOs, Abie Ditlhake introduced the challenges and 12

13 opportunities for civil society engagement, giving the participants an overview of SADC- CNGO & SADC CSO Forum s background, its particular experiences and challenges. Ditlhake provided points for consideration by EA CSO Forum and called for an African renaissance agenda through civil society engagement and made recommendations for a common agenda between Eastern and Southern African communities civil society foras. In his introduction to SADC, Ditlhake briefed the participants about the community; 14 members states 5 covering a region of over million square kilometres with a combined population of almost 275 million. The region is characterized by a multiplicity of regional integration initiatives with significant overlap in the membership of regional organizations such as COMESA, EAC, ECCAS, IOC and SACU. The participants were informed that pursuing regional integration, as is rightly being pursued across our continent and the world over, is a strategic critical instrument that will boost economic growth and raise living standards of citizens and strengthen participating countries capacity to negotiate with other blocs, in particular, and to give them leverage in relation to their negotiation capacity with developed countries. However, Ditlhake noted that there is a need to recognize that regional integration in the developing world has all too often been a graveyard of many promises and failed expectations and that is, therefore, important that regional communities carefully negotiate the integration project to ensure that it is both successful and sustainable. With its restructuring of programmatic and institutional framework SADC has attempted to consolidate regional economic and political integration by Member States who have indicated their willingness to address broader development and political challenges, intentions expressed in a number of SADC protocols and declarations. Central to the successful implementation of this plan and other commitments is the recognised role and contribution of civil society and it is on this premise that civil society organisations are encouraged to engage with SADC Secretariat and the Member States. However, participants were told by Ditlhake that one of the major problems in the SADC region is unpredictable political and electoral systems. For instance the post-war one-party culture has had negative implications in shaping the relationship between the citizens and leadership in the region, the 5 Angola, Botswana, Democratic Republic of Congo (DRC), Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe. Seychelles recently reapplied to become the 15 th member. 13

14 liberation struggle has bequeathed a culture of party-leader as something near to god, and his/her authority beyond question, thus, ultimately, this semi-god-like leader transmits such tendencies into government, where it becomes easier for the leader to use the state as an extension of the party with little democratic considerations. The solution to this problem lies in promoting democratic culture within political parties and in acknowledging the challenges outlined, the SADC Council of NGOs (SADC-CNGO) was established in 1998 by national NGO Coalitions, among others, to engage with broader SADC agenda by ensuring a systematic and substantive partnership on social development in the region. Not without challenges that are associated with legislation and restrictions of fundamental freedoms of expression, association and assembly of the citizens in some countries of the region; increasing suspicion between civil society organizations and national governments; and declining levels of funding to civil society organizations, the CSO Forum must, inter alia, define and strengthen civil society engagement approaches & strategies with SADC processes and programmes and strengthen and consolidate democratic practices and culture, as well as socio-economic justice in the region; Given the experience of SADC CSO Forum, Ditlhake put forward various points for consideration by EA CSO Forum. He reminded participants that the Forum is a rare opportunity for civil society to share experiences as well as express views to the leaders during the Heads of State or Government Summit and is also an opportunity to present and discuss the challenges experienced by civil society in the sub-region. It is, thus important that the Forum generates and builds momentum for civil society coordination and capacity; this is born by the fact that civic participation, development and democracy are inseparable, without a strong and independent civil society that proactively participates in decision making there can be no development and no democracy. Ditlhake called for an African renaissance agenda as a means to break the vicious cycle of political instability, poverty, and underdevelopment, as well as Africa's weak capacity to defend and advance her interests in the global arena. There is a need for a common agenda between Eastern & Southern African communities CSO in order to achieve this goal. Through joint efforts at the CSO foras can address the issues that produce social instability, insecurity amongst communities, conditions that de-humanize people so that we could be able to relate the work that we do here to the reality out there, to improve the lives of these ordinary people. 14

15 4.4 Comparative Experiences from Western Africa Following on from the SADC perspective, participants were given the experiences of the West African CSO Forum by Malcolm W. Joseph, Executive Committee Member of the West Africa Civil Society Forum (WACSOF). In his introduction Joseph reminded participants that today, more than ever before, civil society play a pivotal role in the promotion of democracy, regional and global peace, human rights, development and transnational interchanges. Having introduced how WACSOF was created, Joseph explained that the Forum sets out to galvanize the initiatives of CSOs and partner with ECOWAS for the improvement of human security, regional integration, as well as economic and social development in West Africa. WACSOF, according to Joseph seeks to facilitate the building of dense associational networks, promotion of solidarity, trust, and reciprocity among CSOs both nationally and at regional level aiming to empower civil society to exploit the public space in a liberal democracy, to which WACSOF aspires, where the sovereign is the people. WACSOF works towards strengthening and institutionalizing a relationship between West African CSOs and ECOWAS through a biennial People s Forum for members of WACSOF with the purpose of submitting recommendations to West African ministers and heads of state on human security issues, to audit the implementation and legislative domestication of ECOWAS treaties, protocols and decisions relating to human security and peace in the region and to establish national and sub-regional monitoring mechanisms on the status of human security in West Africa. In addition, Joseph outlined that WACSOF also works towards popularizing ECOWAS in the consciousness of West Africans, particularly the youth, through appropriate programmes such as popular media and to actively promote a sense of community citizenship between ECOWAS member states and CSOs. To this end, WACSOF s has had some achievement which Joseph outlined under thematic issues that include: 1. Democracy, good governance & human rights 2. Peace & Security 15

16 3. Gender 4. Food, Agriculture & Environment 5. Youth 6. Regional Integration, Economic Development, Trade & Investment. The promotion of democracy, good governance and human rights in West Africa is one of WACSOF s core objectives and a large portion of WACSOF s work in this area involves the promotion of free, fair and transparent electoral processes, and is conducted through the monitoring and observation of national and local elections throughout the sub region. Between 2004 and 2006 WACSOF engaged in election monitoring and observation in nine of the fifteen ECOWAS member states Ghana in 2004; Togo, Guinea Bissau, Liberia and Burkina Faso in 2005; and Cape Verde, Benin, The Gambia and Nigeria in In 2007, WACSOF organized various observation and media monitoring missions for elections in several West African countries. With regard to peace and security, a significant portion of WACSOF s programming schedule is dedicated to the issue and in 2006, WACSOF engaged in conflict prevention efforts in Guinea and peacebuilding in Côte d Ivoire with the purpose of developing programmes for civil society engagement in conflict resolution and prevention. The issue of gender, according to Joseph, is focused on the promotion of gender equity through the active participation of women in all areas of society, with particular emphasis on government. WACSOF s programme, although still young, is working to contribute to the realization of a just and safe West African society in which men and women are equally engaged in decision-making bodies and have equal access to the benefits of development. The gender programme has been involved in a number of activities including the adoption of the National Gender Policy in Nigeria; participating in capacity-building workshops on the role of women in peacebuilding and conflict resolution; and collaborating with the Women, Trafficking and Child Labour Foundation in addressing issues of trafficking in persons and child labour. In concluding, Joseph emphasised the need for collaboration among civil society actors as the sharing of experiences serves to strengthen institutions both individually and collectively. 16

17 4.5 Comments, Questions & Answers Q&A on the Southern and Western Africa CSO Forums Q. How should CSOs develop their own agenda? A. Taking accountability, strategic plans and develop intelligencia within the region to mitigate the challenges of external financing. Q. Is there a contradiction between civil societies and government? A. It is not possible to watch the government outside a relationship but what is to be considered is the independence of the CSO. A more organised forum to engage in thematic networks i.e. the coalition of the African court will help. A. SADC NGO s have a Peoples Summit that meets at the same time the Leaders Summit sits. A similar measure should be employed with the EAC CSO Forum. Q. What percentage do the forums get from the government? A. SADC Council for NGOs members pay $300 as fees. A. 90% of the funding of WACSOF comes from donors with little funding from government. ECOWAS provides some funding at the regional level for CSO Q. What is the organisational structure of the forums? A. SADC Council for NGOs is a regional council for all regional NGO s. SADC CSO Forum is not a registered organisation A. ECOWAS forum has an executive committee of 15 members. The people s forum is the highest decision making body. The executive committee is gender balanced. Q. How do the forums ensure smaller and marginalised organisations can participate? A. Meetings must be convened according to a particular demand. Q. Have any interventions by South/West African CSO s worked? 17

18 A. It is a challenge to monitor the roles of thematic networks, campaigns and activities. A. The status of civil society organisations do not allow them to define human rights with all the relationships Comments - Southern and Western Africa CSO Forums According to the participants human rights can also be included in economic and political processes. Noting caution, the participants were of the opinion that foreign donors come with their own agendas but that African CSO s should claim their own agendas. As stated in previous comments, sovereignty must be defines as a matter of great importance as it common defence raised by states to defend their unlawful actions. It was brought to the Forum s attention that the state cannot be ignored by CSO s as government officials have the power to influence thoughts of citizens. Key role of CSO s is to proactively engage the government, thus in order to overcome the various problems vis-àvis CSOs and governments it was suggested that CSOs should consider implementing a legal aid project or create an association of Lawyers for Human Rights, and increase networking with governments. Further to counter and negative government intrusion with citizens, CSO s in presenting their ideas/agenda should use research and statistics so as not to sound emotional and should target the common people. With regard to the presentation on HIV/AIDS it was noted that EANASO task is making sure the policies of HIV/AIDS are effected through the national network. National networks monitor what is happening on the ground and where there is a difference between the policy and what the government is doing EANASO takes the government to task. EANASO is also trying to build capacity and network as well train media on how to report HIV/AIDS issues. 23 rd November 2007, Day 2. 18

19 5.0 Some Important Themes in Human Rights within the EAC This session was chaired by Prof Othman. 5.1 Engendering the Political Process in East Africa Ms. Kinoti gave an interesting presentation outlining the state of women s participation in EA political processes. She noted that African women must carve out leadership position for themselves and for other women, informing the participants that gender based electoral violence is a big problem in the region. Nomination of women as MP s is a common thread across EAC states although the number of elected women remains low. She called for the gradual shift toward a more inclusive system that allows for up to 50% representation. According to Kinoti, women s participation in decision-making is vital to achieving equality, development and peace. It is a women s right, but, unfortunately, a decade after the Fourth World Conference on Women (Beijing, 1995) women are still grappling with little political space to exert their influence in the public sphere. She gave a breakdown of women s participation in the region: Progress towards Women's Participation: Women s Political Participation in East Africa COUNTRY ELECTION YR TOTAL NO. IN PARLIAMENT No. of Women in Parliament % Rwanda Burundi Tanzania Uganda Kenya WOMEN DIRECT Supporting the Collective Voice of Women in Africa 19

20 Although women are the backbone of the economy, contribute 80% to food production, perform multiple economic and social activities that are critical to the livelihoods of the household and community at large, yet own les that 7% of extension services and are most affected by underdevelopment and its myriad of problems, that include, inter alia, poverty, illiteracy, low life expectancy, infant mortality and even hunger, compounded by maternal deaths and female genital mutilation (FGM). Kinoti stated that legal reform, by way of affirmative action policies in Burundi, Rwanda, Tanzania and Uganda has greatly contributed to the increased numbers of women s participation in the political process. Enactment of gender legislation has also helped, as has the ratification of the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo Protocol) by both Rwanda and Tanzania. Engendering the political process requires, in addition to legal reforms, civic education targeted at women is also essential. Women must be educated on their rights and roles to increase political literacy and awareness during electoral processes. There is a need for gender responsive socialization process; socialization of children needs to focus on promoting gender balance system and culture to reverse negative activities and trends that have hindered women s accession to leadership. Of note, Kinoti stressed the need for young women's mentorship programme. Kinoti gave an overview of Woman Direct s various programmes aimed at improving women s participation in the political process. 5.2 Comments, Questions & Answers Q&A on Engendering the Political Process in East Africa Q. What are the enabling structures and mechanisms? A. In order to strengthening the systems and institutions, a comparative analysis should be made between constitutional frameworks vis-à-vis national frameworks. Q. It would appear that there is the perception that women are self antagonistic? 20

21 A. Women get a lot of support from women, that argument is mainly used as a political ploy Comments - Engendering the Political Process in East Africa Effective participation rather than adequate representation should be the issue; women should see participation as a right rather than a favour. The political mainstream is very dirty, society should self reflect as at some level leaders become genderless and rather become class sensitive. There is a need to change the language of leadership as double standards are employed across gender lines where society expects women leaders to be of certain standards. In addition, participants felt that there is a need to detribalise politics as tribalism in the EAC is highly patriarchal. 6.0 Working Groups: In the mid-morning session, participants were able to focus on specific issues in different working groups. There were three groups looking at the following issues: 1. Reporting East Africa to East Africans strategy or taking the EAC & EA CSO forum to the people 2. Our message to the EAC and our national governments (communiqué) CSO engagement strategy with EAC in the next one year 3. Resource mobilization for the EAC CSO Forum: The next year 6.1 Reports from Thematic Working Groups Session Chair: Group 1 21

22 Theme: Reporting East Africa to East Africans- a plan for how we will be publicizing/ communicating with each other and within our constituencies in the coming year- what the EAC is doing and what the EAC-CSOF is doing. The Group looked at strategies for taking the EAC and EAC-CSOF to the people, concentrating on legitimacy issues. It is important to look at legitimacy in order to make sure that, even as we have a communication strategy, our capacity to represent with authority as the EAC-CSOF, is unquestionable at the national level. It is imperative to avoid the Forum s efforts being undermined. Thus, the Forum should aim at inclusive-ness. The Group suggested that the Forum ought not to be limited by the EAC Treaty as the Treaty limits CSOs that can have observer status to those that have a regional mandate. Such limitation may not appropriately represent the people s interest at national level. The Forum is primarily in existence to represent people s interests and not simply to fulfil the requirements of the Treaty, thus the Group put forward the following suggestions for strategies at the national level and the regional level: 1. Sustain existing informal collaborations and relationships among the members of the EAC; 2. General awareness creation throughout the country, throughout the region of what the EAC process is about and its institutions, what it has achieved- gains/losses. 3. Introducing the CSO Forum and its agenda. First there is a need to finalise the CSO Forum structure (Constitution), and create thematic committees that can come up with action plans to be put forward as one agenda to be submitted. The Group suggested that the Forum could conduct an audit of national level CSO forums to see if it can use them as a vehicle for creating awareness, but also as part of a process of informing the public creation of the Constitution for the EAC-CSO Forum. 4. Publications for people to understand how far the EAC process has gone, what has been involved so far (with popular versions). There is a need to clarify where information to publish will be sourced from. Some CSOs may already have such information and it is important that this information be disseminated within the Forum so that it can effectively communicate what is going on. 22

23 5. Media- sensitize them and use them to disseminate what is going on in the EAC to the people; plus have opinion polls on different issues within the EAC process and disseminate these outcomes amongst the communities to get their feedback; 6. CSOs must integrate their messages on the EAC within their own work Group 2 Message to the EAC and the national governments Theme: Our message to the EAC and our national governments (communiqué) CSO engagement strategy with EAC in the next one year The group discussed and made recommendations regarding the message that the Forum ought to send to the EAC and national governments, with the role of CSOs and the Forum being that of a watchdog, and a link between the people and the EAC and national governments. The message to the EAC and national governments should amplify the role of women and civil groups. In addition, Group 2 placed emphasis on the issue of equality and sovereignty. There is a need to define the concept of sovereignty. Other issues to be included in the message to the EAC and national governments include: 1. The need for governments to commit resource for citizens outreach and must provide accountability of resources utilisation. 2. A memorandum of understanding should be drafted to act as benchmark for minimum standards. 3. Commitment for the improvement of political will within EAC states. 4. Defining national security vis-à-vis sovereignty and human rights. 5. Extending the jurisdiction of the EACJ to tackle human rights and international instruments ought to become automatically operational upon ratification. 6. Uniform constitutional principles in the EAC countries. 7. Regional courts ought to act as courts of first instance. 8. There is a need to hasten the process harmonisation. 9. Make the bill of rights a state driven initiative. 10. An early warning system is essential. 11. CSO desk must be established within the secretariat. 23

24 Group 2 also looked at the message that the Forum ought to send out to EAC CSO, and the following issues ranked as important: 1. CSOs should inform the people about the EAC, its process and the manner in which they can be engaged 2. CSOs should be proactive and conduct research into areas pertaining to the EAC and citizens 3. CSOs should endeavour to strengthen regional lobbying Group 3 Resource mobilization Theme: Resource mobilization for the EAC CSO Forum: The next year In determining the requirements for resource mobilization, Group 3 broke their task into three parts: (i) Necessary conditions, (ii) strategies and (iii) challenges With regard to part (i), necessary conditions it was recommended that a one year work plan was essential, that would include institutional funding. The Group felt that the following conditions must be met as a matter of urgency: 1. Forum registration in all EAC countries by the end of Opening a bank account 3. Drafting a plan to raise awareness in order to mobilise CSOs 4. A strategic plan for the forum, that would include fundraising for the plan itself 5. Identifying individuals who will carry out the necessary work. It was suggested that the steering committee carries on with its responsibility during organisations should be identified and designated as lead organisation s vis-àvis the Forum in each country and to report back to the programme officer at EALS 24

25 With regard to strategies Group 3 recommended that: 1. Internally the Forum must concentrate on membership and subscription fees. There is a need for a feasibility study to set an appropriate amount for subscription fees. 2. Externally, the Forum must look to financial grants, engaging donors and seeking funds through fundraising within the private sector. It was noted that GTZ and SIDA are willing to support the establishment of the Forum s secretariat. Group 3 further noted that it is important to fund the institution rather than a project, thus it is essential to obtain core funding. Group 3 acknowledged that there are challenges in obtaining and maintaining sufficient funds to ensure that the Forum is effectively established and managed. Thus, in tackling this issue, the group made the following observations and recommendations. It was noted that sustainability is the greatest challenge tied to the need to mobilise CSOs to become engaged with the Forum. Thus the Forum must develop a funding ideology. In that ideology, the Forum must acknowledge that there is competition for funding from limited sources and, must work out strategies that will enhance the Forum as a recipient of funds. It is essential that potential tensions between Forum and national NGO councils be identified and schemes that will work to ease such tensions be developed. In conclusion, Group 3 recommended that: 1. Within 6 months the Forum must be registered and have a bank account 2. The strategic plan must be initialised within 6 months and to be completed by end of June A definite one year work plan be developed and initialised within 3 months 4. Within 6 months subscription fees must be determined, such task ought to be delegated to the council/secretariat/assembly 6.2 Forum Wrap-Up: Defining issues for the 2008 EA CSO Forum 25

26 The CSO Forum of 2007 was a good opportunity for national CSOs to forge a Forum with a regional focus with which they can work to engage the EAC. In acknowledging that the EAC is an important regional economic block that is set to grow, with potentially, increased number of member states, the CSOs gathered in Arusha concluded that the need for a strong, effective and efficient Forum that will link the citizens of the EAC with the organisation and work as a monitoring process to ensure that the organisation adheres to the principles embodied in the Treaty is more than essential it is imperative. The Forum must be established as a working Forum that will be sustainable. The Forum must maintain cohesion amongst the various national CSO and NGO Councils if it is to be effective and, in doing so ensure that citizens of the EAC are united and unified. Of particular concern for the Forum is the doctrine of sovereignty and its effect on human rights. Participants consistently raised this issue, and it would appear that it is an issue that lawyers and academics must tackle with a matter of urgency. The Forum must be used as a tool for effective democracy. The steering committee had been tasked to formulate the Principles and Objectives guiding the organization and in their deliberations, came up with principles and objectives which were debated upon and adopted at the forum. As a result the forum adopted a Constitution which will be its governing document. The forum also voted for the continuation of the work of the steering committee for one more year while we work on registration of the forum and its constituting documents. Prof. Haroub Othman was selected to chair the Steering Committee and EALS to continue its role as coordinator for the Forum. At the next forum we hope to be able to put in place a Governing council to implement the decisions made by members at the forum. 26