EAC confederation to pave way for eventual federation – Odoki

The proposed East African Political Confederation is intended to serve as a gradual transition toward a fully-fledged East African Federation, with the final decision resting in the hands of citizens rather than political leaders, according to Benjamin Odoki, the former Chief Justice of Uganda and chairperson of the team drafting the confederation’s constitution. Speaking on The Context, a podcast by The New Times, Odoki said the confederation is designed to strengthen regional cooperation while allowing partner states to retain their sovereignty before eventually moving to a federation. ALSO READ: Experts outline path to EAC political confederation “Federation means one country, one people and one government. That is the final stage of integration,” Odoki said. “The confederation is a transitional model. We have to move gradually, allowing countries to delegate some powers to regional institutions while remaining sovereign states.” The conversation comes after a two-week consultation exercise in Rwanda, where the team met stakeholders in Kigali, Rubavu, Huye and Nyagatare to gather public views on the proposed Constitution for the East African Political Confederation. The consultations are part of a wider regional exercise that has already covered Burundi, Uganda and Kenya as the East African Community (EAC) advances the fourth pillar of regional integration after the Customs Union, Common Market and Monetary Union. Public to have final say Odoki stressed that although the process was initiated by EAC Heads of State, the establishment of a political confederation would ultimately require public approval. “The leaders triggered the process, but they are not the ones who will make the final decision,” he said. “A constitution must come from the people. Unlike a treaty, which governments can sign, a constitution must be people-driven.” ALSO READ: EAC begins Rwanda consultations on political confederation He explained that after experts develop a proposed governance model for the confederation, it will be taken back to citizens for further consultation before a draft constitution is prepared. “We first have to propose the model. Once people approve that model, then we can draft the constitution.” Gradual integration According to Odoki, the decision to pursue a confederation followed earlier public consultations that found citizens were not ready for an immediate political federation. An earlier committee led by former Kenyan Attorney General Amos Wako had asked East Africans whether they were prepared for federation. “They said, ‘Not yet. We have fears, challenges and concerns,’” Odoki recalled. Among the concerns raised were differences in governance systems, varying levels of economic development and the need to build greater confidence among partner states before deeper political integration. “The message was clear: let us move gradually. Build confidence first through a confederation before moving to a federation.” ALSO READ: EAC resumes Rwanda consultations on Political Confederation Constitution Strong support for integration Based on consultations conducted so far, Odoki said citizens across the region broadly support closer integration, particularly when it comes to easing trade and movement across borders. “We found that people are very alert. They know what they want,” he said. “They want free movement of people, goods and services. They don’t want borders to prevent them from trading, studying, working or doing business.” However, he acknowledged that several obstacles remain, including non-tariff barriers, customs restrictions and inconsistent implementation of regional agreements. He argued that a political confederation would strengthen enforcement by establishing regional institutions with delegated authority to coordinate policies across partner states. “Each country can still have its own ministries, but there should also be regional institutions responsible for supervising agreed policies,” he said. “Enforcement is currently weak because countries can invoke sovereignty. A confederation creates mechanisms for coordination and implementation.” Challenges facing the process Odoki acknowledged that consultations have progressed more slowly than initially planned. The team, established in 2018, began work in 2019 but has so far completed consultations in only four of the eight EAC partner states. ALSO READ: Ruto urges EAC to fast-track constitution on political confederation He attributed the delays to multiple factors, including funding constraints, political transitions, insecurity in some countries and the disruptions caused by the Covid-19 pandemic. “Countries have faced different internal challenges. Sometimes leadership changes, sometimes security issues, sometimes financial constraints,” he said. Learning from global examples The constitutional expert said the team has studied confederation models from other parts of the world, including those that successfully evolved into federations and those that ultimately failed. He cited the United States as an example where a confederation eventually transitioned into a federation, while noting that the Senegambia Confederation between Senegal and The Gambia eventually collapsed. For East Africa, he said, success would depend on building trust among partner states. “It is a question of confidence-building,” Odoki said. “If people are not confident and there is no trust among countries, they will not federate.”

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EAC confederation to pave way for eventual federation – Odoki