Kituo Cha Katiba: East African Center for Constitutional Development

 Harriet Busingye 

 1.          Introduction 

East Africa is in a period of tremendous flux and transition, in a fashion perhaps as profound as any since Kenya, Tanganyika and Uganda achieved independence in the early 1960s.  Born of the same colonial legacy, and in part the creation of an overriding and irrepressible historical momentum, relations between the three countries have been both turbulent and smooth; co-operative and competitive.  One need only think back to the heyday of independence struggles to grasp this sibling rivalry.  Imbued with the spirit of pan-Africanism, the post-colonial leadership of Julius Nyerere, Jomo Kenyatta and Apollo Milton Obote spoke in eloquent terms of the political union and federation of their three countries.  Nyerere was even prepared to delay the formal grant of Tanganyikan independence in order to bring his colleagues on board in a untied East Africa.  Ideological division and an element of growing territorialism led to cold feet.  Instead, they settled for a loose association of economic interests – the East African Community (EAC) – as the idea of political federation became a more distant dream.  Despite being an exemplar of regional co-operation emulated by many others around the world, the Community failed to survive the political differences that plagued the region’s leadership and was particularly affected by Idi Amin’s unpredictability, the perception of unequal economic gain and a good deal of external manipulation and individual egotism.  Sent into cold storage in 1977, it has taken nearly two decades for the subject of co-operation among the three countries to be broached again: once bitten; twice shy! 

Today, the winds of change are blowing across East Africa with a momentum that is striking for its pace; there is a fresh impetuous for co-operation abroad, and the peoples of the region are approaching the question from the political, economic, social, and cultural dimensions.  Such change and excitement have engulfed both the political leadership (today comprising Benjamin Mkapa in Tanzania, Daniel arap Moi of Kenya, and Uganda’s Yoweri Kaguta Museveni) and the various components of civil society in all the three countries.  This has prompted the desire to seek closer forms of union and pursue a co-operative approach to the multifarious issues that confront the region as we approach the new millennium.

It is as an integral part of this momentum and with the view to fostering the benefits of regional co-operation that this proposal is being mooted.  Consequently, the Working Group on Constitutional Development in East Africa proposes to establish Kituo cha Katiba: The East African Centre for Constitutional Development (EACODEV).  The purpose of EACODEV is to generate a regional institutional framework for the promotion of constitutionalism, constitutional development and democratic governance in East Africa.  Drawing from the belief expressed by a cross-section of interested East Africans that such an initiative is particularly necessary at this point in time, EACODEV will promote the creation of an autonomous, pan-regional dialogue and action devoted to the exploitation of the common historical affinities and contemporary experiences of the peoples of the region.  It also aims at advancing the pursuit of a more comprehensive understanding of the potential for mutual benefit in and  between the three countries.

EACODEV’s primary mission is to stimulate a multi and interdisciplinary dialogue on constitution-making, constitutionalism and democratic governance in the East African region.  This is to be undertaken through basic and applied research, information dissemination, and public debate.  Of particular concern is the development of programs of constitutional advocacy and activism, amici curiae briefs for judicial and administrative action; lobbying, policy-formulation and advice; technical assistance within the region, and constitutional reform and revision.  EACODEV will target various levels of East African society, including government, civil society, academia, the arts, the professions and the youth.  EACODEV shall pay particular attention to information collection, research and the discussion of constitutional issues of a pan-East African nature.  Special attention will be lent to the creation of network of organizations and individuals committed to the ideals of constitutional development within the individual countries of the region.  In this regard, EACODEV shall support the struggles for the establishment of a truly democratic community in East Africa with thoroughness, objectivity, ideological neutrality and non-alignment. 

EACODEV intends to contribute to the dual processes of constitutionalism and constitutional development and regional cooperation that have been underway in East Africa since the late 1980s.  It will provide a mechanism and forum for, inter alia, the systematic collection and analysis of materials on East African constitutionalism, the collection of the views of prominent actors in the region’s independence struggles, and the reform of school and university curricula.  Such an approach is prompted by two basic assumptions, viz: despite the overall political context of tension, rivalry and individual idiosyncrasies and megalomania, there is an underlying (non-state) comity and affinity between the peoples of the region, and second, the idea of an independent, pan-regional political community which fosters an appreciation of the unique location and opportunities for the countries of East Africa is an idea whose time has now arrived. 

This proposal provides a background information on the project and describes the process to be followed as well as the anticipated outcomes of the project.  It concludes with a request to meet project start-up and operation costs over a two year cycle.  Given the nature of the project envisaged and the scale of activities anticipated, the proposal is being simultaneously circulated to other donors in the quest for consortium funding for the project.  The ultimate objective of such a consortium funding would be to pool resources for the raising of an endowment to provide for institutional sustainability. 

2.            Background 

2.1            Conceptual Basis  and Rationale 

Several concerns informed the process that led to this proposal.  The first is that the issue of  constitutionalism and constitutional development has been one important concern in East Africa for several years.  The concern  emerged from the widespread dissatisfaction with the performance of the governments in the region leading to a wanton disrespect for human rights, the lack of accountability to the citizenry, and the prevalence of bad and undemocratic modes of  governance.  In the wake of the various  transitions to different forms of government that have been witnessed in the region since the mid-1980s, increased  attention has been placed on the issue of constitutional government.  Against such a background, one of  EACODEV's primary  objectives is to give expression to the need to transcend the individual idiosyncrasies  and often megalomaniac posturing of the political leadership, and to simultaneously capture the underlying non-state comity, mutuality of interest and affinity between the peoples of the region.  Secondly, we strongly believe that the time for an independent, pan-regional political community which fosters an appreciation of the unique location and opportunities for the countries of  East Africa  has arrived.  Such an initiative must be rooted in a  keen respect for the idea of democratic governance and progressive constitutional reform and development. 

Following upon two decades of violent non-constitutionalism, economic dislocation and the breakdown of systems of accountability in the case of Uganda, a constitutional-reform exercise was initiated in 1988.  The outcomes of this exercise are now enshrined in the 1995 Constitution.  The process of constitutional reform generated significant debate about the need for a systemic and transparent approach to government; laid down mechanisms of central and local accountability, and created sufficient checks and balances to executive and/or administrative excess.  The 1995 Constitution marks the termination of this debate, and the commencement of a new, and intricately more involved and exciting process: the implementation of the grand ideals contained in the document.  In short, the quest for the establishment of a culture of constitutionalism  that transcends lip-service and rhetorical respect for the document. While Uganda’s tumultuous history gives cause for a cautious and restrained embrace of the changes that have occurred, the prevailing situation provides some hope that the scope for action has been widened, and that potential exists for enhanced  democratic exercise. 

In the several decades since each achieved independence, both Kenya and Tanzania have witnessed comparatively more stable government than in the case of Uganda.  As in the case of Uganda, both embarked on independence within the broad framework of a Westminster-like model of governance, with secure Bills of Rights, distinct mechanisms to facilitate the separation of powers, and functioning (although micro-national) political parties.  These did not last long as the culture of "developmentalism" caught sway and was brought to bear with similar ramifications in both countries despite the distinctiveness of ideologies to which they subscribed.  The net result for both Kenya and Tanzania was the single party state.  The comparative stability of both countries was essentially negative, in so far as it was couched within the framework of the mechanisms of a one party state which tolerated only minimal dissent.  Moreover, those structures cajoled, stifled and barricaded opposition political activity into virtual non-existence.  The outcome was that one party controlled political activity, one trade union organized the laboring classes, one women’s organization addressed women’s concerns, and one youth association dealt with students and their ilk and all were propagandized by one newspaper.

In the wake of global reforms that ushered the collapse of the Berlin Wall, both Kenya and Tanzania  distanced themselves from the notion of single-party statehood. In the case of Tanzania it was via the rather circuitous route of a Commission headed by Chief Justice Nyalali.  Although initially reluctant, Kenya eventually acceded to growing pressures for multiparty reform through the repeal of Article 2A of its Constitution.  Since then, multiparty elections have been held in both countries.  If nothing else, those elections reveal in bold relief that despite the formal constitutional transitions,  the sceptre of "one-partyism" remains embedded in both the constitutional framework and within the structures of governance that exist in each country today.  In short, the quest for genuine pluralism is still elusive and the process of constitutional development has only just commenced. 

But the issue of constitutions and constitutionalism is not something simply confined to the geographical parameters of the present proposal; there is a basic conceptual issue at stake too.  The African continent has long been involved in the quest for a notion of constitutionalism that is true to its specific identity - an identity that has been characterized by both internal growth and development and external influence and direction.  In the early sixties, this found expression in the debate over autochothony, manifest in the policies of Africanization, nationalization, and the creation of the ubiquitous parastatal.  These experiments collapsed on the seas of the thawing Cold War, the trauma of economic crisis and dislocation, as well as the intrinsically illiberal and undemocratic intentions of those who were behind their design.  If there is any lesson to be learnt for the failure of the African experiments in constitutionalism of the 1960s, the effort must emerge from the grassroots, and not be imposed on it.  It is to foster such grassroots and indigenous visions of an enduring African constitutionalism that is at the core of the present initiative. 

This proposal is also informed by, and relates to, significant developments in the arena of regional cooperation.  The three East African countries share an intricate colonial and post-colonial history that spans the social, economic, political and cultural spheres of human existence and organization.  That heritage is retraceable to the same impetus of imperial growth and expansion in the region.  This partly led to the creation of an irrepressible momentum for closer union and cooperation between them.  At the same time, relations between the three have not been smooth, and a sibling rivalry still exists dating back to the heyday of the struggle for independence.  That rivalry may explain the failure to create a political union on the attainment of independence, and also throws significant light on the demise of the East African Community in 1977.  The wide-scale lamentation for this loss illustrates that the peoples of the region feel an affinity for one another which might not be replicated by its leadership, and which persists despite the often chilly relations between them. 

Nevertheless, the process of cooperation between the three countries of the region has witnessed significant growth since the early 1990s.  That growth led to the establishment of the Secretariat for East African Cooperation at Arusha, Tanzania.  For East Africans with nostalgic (albeit bittersweet) memories of the East African Community, the re-establishment of cooperation was a rekindled dream, the birth of a new regional nirvana.  At the same time, it has become abundantly clear that in order to prevent a veritable dé jà vu, the process of cooperation must be appropriated and fostered by the citizenry of East Africa, rather than by the dominant political actors in the region.  This realization has led to several non-governmental and civil society initiatives in the area, including the East Africa Law Society (EALS), the Women and Law in East Africa (WLEA) Project, and the East African Cooperation Forum (EACF), to mention only a few.  Such initiatives need to be applauded, particularly as some of them were pursued and concretized within the teeth of hostile official relations.  But more importantly they need to be supported in the bid to create a critical mass of pan-East African institutions and organizations that act as a counter-weight to official hegemony and political control in the region. 

The Working Group takes note of the proposal to establish the East African Uongozi (Leadership) Institute and the Journal of East African Alternatives.  The two initiatives address critical issues that are complementary to the tasks that EACODEV will pursue.  It is also intended that there be mutuality of cooperation, operation and regular collaboration on the key issues being addressed by these institutions.  As we enter the new millennium, EACODEV intends to fill in the significant lacunae not addressed by these initiatives and to build upon their contribution to the creation of an ethos of "East Africanism."  But that ethos must be rooted in concrete notions of constitutional governance and democratic accountability.  Such lacunae include the conduct of a systematic, basic, comparative and applied research on the subject, the collection of testimonies of prominent East Africans involved in processes of constitutional evolution and development, and the promotion of the reform of school and university curricula.  EACODEV would also participate in a coordinative effort to bring all those institutions with a regional focus through the exchange of information and the hosting of collaborative initiatives. 

2.2  The Process of Regional Consultation 

This proposal emerges from a process of intellectual debate and discussion that is as important, in terms of its evolution, as its eventual outcome.  The Working Group on Constitutional Development sought to generate a discussion about a variety of issues relating to leadership, governance and constitutionalism in the East African region.  Pursuant to this objective a grant was provided by the Ford Foundation to the Centre for Basic Research (CBR) in order to examine the feasibility of establishing a regional body that deals with constitutional development.  To this end, CBR commissioned studies in each of the countries of East Africa to examine the issue through canvassing the opinion of a variety of actors on the scene.  At the mid-July 1996 conference on the New Africa Initiative held at Entebbe, Uganda, the Working Group met for the first time and considered developments in the project to date.  At the conference, CBR presented a concept paper on the idea of a regional centre for constitutional development.  The concept paper was concerned not simply with the notion of such an initiative, but more importantly with its efficacy and implication for the concept of constitutionalism, the idea of regional cooperation and the possibilities of enhanced collaboration with existing initiatives in the region.  The CBR study received widespread approval and endorsement from participants at the Initiative conference.  Following the Entebbe workshop,  the Working Group met in a session in Kampala from 12 - 13 October 1996 and brainstormed on the following dimensions of the project: 

1.   The mission, vision and objectives of the proposed centre;

2.   The structure and scope of the proposed centre;

3.    Linkages and collaboration with other actors in the area;

4.    Resource and financial mobilization; and

5.   The way forward. 

The Working Group structured the discussion around the following broad areas/issues, viz.:  collaboration and linkages; structure and scope; resource mobilization and finally, the Mission, Vision and Objectives of the initiative. Under the rubric of an organization of the type envisaged, a number of functions which immediately struck the Working Group as feasible.  In summary, these  included research (basic, applied and comparative); Constitutional activism; Lobbying (as a Constitutional "watch-dog" for the region); Policy formulation and advice; technical assistance within the region and beyond; constitutional reform and revision; debate and discussion, and a whole series of activities rotating around the collection and distribution of information. 

Following a discussion on the above matters, the brain-storming session concluded that it was essential to proceed to the actualization of the establishment of EACODEV with a maximum dispatch. 

3.              Mission, Vision and Objectives 

3.1       Broad Mission 

The mission of EACODEV is to promote a multi and interdisciplinary dialogue on constitution-making, constitutionalism and democratic governance in the East African Region.  It  intends to pursue this mission through research, information dissemination, public debate and advocacy. 

3.2              Specific Objectives 

The specific objectives of EACODEV are the following: 

1.   To advance the science, processes and art of constitution-making, constitutionalism and democratic governance through basic, comparative and applied research;

2.   To commission state-of-the-art studies on various dimensions of constitution-making, constitutionalism and democratic governance in the region;

3.   To promote the values and ethos of constitutionalism, and gender equality and equity throughout the East African region;

4.   To highlight and address the plight of disadvantaged social, cultural, economic and political groups in the region, including minorities, refugees and people with disabilities;

5.   To collect and compile the testimonies of prominent East Africans intricately involved in the processes of constitutional evolution and development in the region, and to foster the contribution of grassroots operatives to these processes;

6.   To host an annual lecture by a prominent East African on constitutionalism and constitutional development in East Africa, and to widely disseminate the text of the lecture throughout the region and beyond;

7.   To undertake information collection, data banking, archiving, publication and dissemination through the mechanism of seminars, workshops and conferences, and to promote the use of new forms of media and electronic technology in fostering public debate and dialogue;

8.   To create and maintain a directory of individuals and institutions committed to the ideals of constitutionalism and democratic governance;

9.   To encourage, support and facilitate the reform of school and university curricula incorporating aspects relating to constitution-making, constitutionalism and democratic governance;

10. To act as a regional watchdog for the protection, promotion and enhancement of constitution-making, constitutionalism and democratic governance;

11. To foster solidarity with local, national, regional, and international community groups and organizations; and

12. To offer consultancy and advisory services. 

4.      Structure, Organization and Process of  Eacodev 

EACODEV is conceived as an initiative that is to complement rather than supplant those which are already in existence and to address lacunae that have not been targeted.  In this respect, it shall be sensitive to and pursue linkages and collaboration with existing initiatives in the same field of operation at the community, national, regional and international levels.  Such collaboration would centre around some of the following activities: 

a.   Training and information exchange, particularly utilizing high-tech facilities such as e-mail and the internet;

b.   Exchange of personnel;

c.   Co-sponsoring research and publication activities; and

d.   Targeting and cooperation with bi-and multilateral institutions (including the international financial institutions, the European Union, the Overseas Development Agency (ODA), Scandinavian funding institutions and organizations (including NOVIB, SIDA and DANIDA).  At the regional level, such linkages would target the African Commission on Human and Peoples' Rights, the East African Cooperation and the sub-regional organizations such as COMESA, IGADD, and SADC, among others. 

4.1    Structure and Organization 

EACODEV shall be: 

a.   An independent, autonomous, self-sustaining legal entity;

b.   Registered as a company limited by guarantee, and headquartered in Kampala (Uganda), with Liaison Offices located in Dar es Salaam (Tanzania), and Nairobi (Kenya);

c.   Open to participation (membership) by individuals, statutory corporations and institutions that share in its objectives;

d.   Committed to the promotion of regional dialogue and action on the issue of constitutionalism and constitutional development; and

e.      Complementary to existing national and regional efforts in the field. 

4.2     Organization and Process 

EACODEV shall commence operations on an interim basis, with the main Secretariat and liaison offices in each of the three counties functioning as points of contact with individuals and issues therein.  During the proposed start-up period of two years, the Secretariat in Uganda shall be established as an independent entity, albeit with close relations with organizations such as Centre for Basic Research(CBR) which have made considerable strides in the arena of constitutional debate and research in Uganda.  In Kenya and Tanzania, the Liaison Offices shall in the interim be housed in one of the organizations represented in the Working Group.   Such arrangement shall subsist until sufficient resources have been raised to enable EACODEV's Liaisons in the two countries to establish their own independent and self-sustaining operations, which would be linked to the Secretariat in a more decentralized fashion.  The process of autonomizing the Liaison Offices will commence alongside the start-up activities of the initiative. 

EACODEV shall consist of the following organs: 

4.2.1   The Directorate 

The EACODEV directorate shall comprise of an executive director (as overall project coordinator), an administrator, a documentalist, an accountant, and a secretary/receptionist.  The directorate shall be in charge of the organization of the Centre and the execution of policy objectives as formulated by the Executive Committee.  The terms and conditions of the service of members of the Directorate shall be formulated by the Executive Committee. 

Liaison Offices in each of the countries of the region shall be responsible to the Executive Director, and shall perform the following functions: 

i)   establish EACODEV national chapters;

ii)   survey and catalogue the various actors operating on the scene;

iii)   popularize the objectives of EACODEV in their individual countries; and

iv)   organize the execution of the various activities of EACODEV within their specific national contexts. 

4.2.2   The Executive Committee

Shall consist of seven (7) members (with a minimum of two drawn from each country in the region and assuring gender parity).  The Executive Committee shall act as the governing board of the Centre and formulates general policy through meetings on a quarterly basis, and oversee the promotion and realization of the objectives of EACODEV by the Secretariat.  In the interim, the present members of the Working Group on Constitutional Development shall act as the Executive Committee in order to steer the project to a fully operational level.  Quorum for the meetings of the Executive Committee shall be 50%, from at least two countries in the region. 

4.2.3   The International Advisory Board

The International Advisory Board shall comprise nine (9) imminent East Africans who have distinguished themselves in the arena of constitutionalism, constitutional development and democratic governance.  The Board shall meet annually and be charged with: 

i.    Raising and sustaining an endowment for EACODEV;

ii.      Promoting the image of EACODEV within the region and internationally;

iii.      Providing intellectual and conceptual support to EACODEV; and

iv.   Acting as final arbiter and counsel on issues relating to the operation and performance of EACODEV. 

Following the establishment of the Secretariat, the following shall form the short-term elements of the Centre: 

a.   The creation of a basic research agenda on regional issues;

b.   Liaising with all major and minor actors in the field; and

c.   Establishing the information clearing house. 

5.     Resource, Material and Financial Mobilization 

The Working Group recognizes that the envisaged project is one that requires substantial resources and support.  It considers that resources for EACODEV could emanate from both local and external sources.  With respect to the latter, it is most logical to think in terms of a consortium of funders who might be interested in an initiative of this kind, and in particular, of contributing to the creation of an endowment.  Such an endowment could cover an initial two year period.  In addition, resources would be necessary for the support of the two Liaison Offices in terms of essential equipment and start-up operational funding.  To the extent possible, the secretariat and Liaison offices would pursue collaborative initiatives with organizations whose objectives are compatible with those of EACODEV's.  This is hoped to reduce overhead expenditures. 

With respect to local funding, professional associations (both individual members and collectives); prominent East Africans in the region and abroad, and the business community (local and expatriate) would be approached.  EACODEV will also raise moneys through undertaking consultancies on issues of constitutionalism and constitutional development, the payment of membership and subscription fees, and the sale of its publications. 

6.    Plan of Action 

6.1   Short-term Plans

The short-term plans of EACODEV are to establish an interim Secretariat and Liaison Offices in each of the countries of the region, with the brief to:- 

i)   Float a company limited by guarantee;

ii)   Establish national chapters in each of the countries of the region;

iii)   Consult with, review and inventory all the actors in the arena of constitutional development and constitutionalism, and explore collaborative and collective methods of approaching the issue on a regional basis;

iv)   Commission state-of-the-art studies, and literature and conceptual reviews on the subject;

v)   Create a process for the conduct of basic research on pertinent issues of relevance in the region, and in particular, the reconstruction of the constitutional past (precolonial, colonial and post-colonial);

vi)   Establish an information-clearing house which would act as the East African port of  first call for the pursuit, collection and dissemination of information relating to constitutional issues;

vii)   Open and operate an Internet Web-site of constitutional materials from East Africa, including basic laws, judicial decisions, pertinent articles, and regional treaties; and

viii)   Organize and host an annual conference of scholars, activists and policy-makers to discuss pertinent issues relating to constitutionalism, constitutional development and democratic process in the region. 

The process of registration and establishment (items i to iii above) are to be pursued by the Chairperson and Secretary of the Working Group (Mrs. Solome Bbossa and J. Oloka-Onyango respectively), while all issues relating to the establishment of the Liaison Offices are to be handled by Rose Migiro (Tanzania) and Willy Mutunga (Kenya).  Items iv to viii are to be pursued by the established Secretariat with the advice of the members of the Working Group. 

6.2   Medium and Long-term Plans

i)      Liaise with and establish a working rapport with the Secretariat of the East African Cooperation (EAC).  In particular, EACODEV shall act as a think-tank to buttress and strengthen the conceptual and policy operations of the EAC.

ii)     With particular respect to issues of relevance to the operation of the EAC, EACODEV shall focus on the following:

a.   The promotion of overall constitutional reform and development at national level and regionally;

b.      Migration, refugees, and free movement in the region;

c.   The control and use of shared resources;

d.   The legal protection of human and peoples' rights and the environment; and

e.      Support for regional judicial activity relating to matters of a constitutional nature. 

iii)    Carry out comparative and applied policy research;

iv)    Create linkages with regional organizations (in Africa and beyond) and think-tanks with similar objectives;

v)     Publish comprehensive studies (in book form) of basic, applied and comparative research undertaken by EACODEV;

vi)     Departmentalize and strengthen research and advocacy elements of EACODEV.  Future departments of EACODEV shall be three in number, viz.:

a.      Constitutional and Comparative Studies;

b.      Legal and Constitutional Reform; and

c.      Publications, Outreach and Conferences. 

PROGRESS REPORT on EACODEV’S ACTIVITIES

(Presented at the October 1998 Workshop, Nairobi, Kenya) 

The Secretariat was opened in March, 1998 in Kampala, Uganda, and the two liaison offices will soon be opened in Nairobi and Dar es Salaam respectively.  Dr. Willy Mutunga and Dr. Rose Migiro are working as liaison officers in Nairobi and Dar es Salaam respectively.  In the last six months during which EACODEV has been in place, a number of stakeholders have been identified in Uganda and Kenya and a similar exercise is to be carried out in Tanzania.

Three launch-workshops have been planned with the aim of introducing the organization to various stakeholders and identifying urgent constitutional issues to be addressed in each country.  They were also intended to give a direction to the centre based on responses from the region.  The first workshop was successfully held in Entebbe Uganda in August 1998.  Its main theme was "Constitutional Reform in East Africa".  Several recommendations emerged from the deliberations by the participants, especially with regard to the draft treaty for the establishment of the East African Community. 

The second workshop is scheduled to take place at the beginning of November, 1998 in Mombassa, Kenya.  The issues for discussion will be decided upon by our partners in Kenya.  The third workshop will take place in Tanzania in December 1998. 

EACODEV intends to continue generating debate even after the three launch workshops in the region on issues of leadership, governance and constitutionalizm.  Particular emphasis will be placed on political equality, gender issues, the question of refugees and migration, regional integration and other topical matters concerning the peoples of the region.  EACODEV has also embarked on the collection and analysis of materials on Constitutionalizm in East Africa.  These materials, after collection and compilation in a database, can be utilised by partner organizations.  Eventually,  EACODEV will have a web page on which it will post a variety of materials of general interest in this area. 

FUTURE DIRECTIONS 

1.          Constitutional Development

With particular respect to issues of relevance to the operation of the East African Community, EACODEV shall focus on the following: 

a)    The promotion of overall constitutional reform and development at the national level and regionally;

b)     Migration, refugees and free movement in the region;

c)    The control and use of shared resources;

d)    The legal protection of human and peoples' rights and the environment;

e)     Support for regional judicial activity relating to matters of a constitutional nature;

f)     Comparative and applied policy research;

g)    Creating linkages with regional organizations (in Africa and beyond) and think-   tanks with similar objectives;

h)    Publish comprehensive studies (in book form) of basic, applied and comparative research undertaken by EACODEV;

i)            Departmentalize and strengthen research and advocacy elements of EACODEV.          

2.    Training 

EACODEV will link up with the African Commission on Human and peoples' Rights and is in the process of designing a programme for the training of stakeholders within the region on the contents of the protocol for the establishment of the African Court of Human Rights. 

Synergy Strategies 

•      Research within the region, to utilize partner organizations for information collection and research;

•      Provide a forum of these key partners to contribute to the debate on constitutionalizm;

•      Contribute to the curriculum of the Uongozi School;

•      Provide training skills for stakeholders in the fields of  democracy and governance; and

•      Create a web-page on the Internet on activities of EACODEV. 

The stakeholders in the region can also link up through the exchange of ideas in form of a journal which would go a long way in consolidation of the initiative.

Collaborative Measures 

The Centre plans to establish an information clearing house which would act as the East African port of first call for the pursuit, collection and dissemination of information related to constitutional issues. 

Funding Strategies 

We have approached several donors for fundraising which included HIVOS, USAID, and the Ford Foundation. 

Other means of raising money suggested include subscription for the Centre to avoid external political intervention and other influences.  It is proposed that EACODEV will be all inclusive, and avoid stalemates and squabbles. 

Discussion and Exchange of Views  (ECOADEV) 

Following the presentation on the proposal for the establishment of the Kituo Cha Katiba (ECOADEV), the participants of the workshops made a thorough discussion and exchange of views pertaining to a wide range of issues.  These included funding/financing the programmes, strategies to be adopted, opportunities and challenges to be encountered in due course, and expected outcomes from the undertaking.  Moreover, several key questions were raised during the session, and pertinent responses were given by those concerned. 

On the subject of soliciting financial support for the project, identifying and approaching potential sources of funding was considered as the immediate task.  It was also stated that caution should be made so that donors may not influence the project by attaching strings that could undermine its objectives.  Mention was also made about seeking ways and means for reducing the extent of perpetual dependence on donors so that activities could be carried out without interruption and on a sustainable basis.  In this regard, it was noted that there is a need for mulilateralizing sources of support in the form of instituting a consortium of donors. 

A number of strategies presumed to facilitate endeavours were suggested by the participants in the course of the discussion and exchange of views.  These included the need for assisting policy makers and groups struggling for the entrenchment of democratic values and practice in the region and conducting periodic/annual consultation sessions.  This could be done by bringing in well-informed East Africans together, compiling the biographies of prominent East Africans involved in the struggle for democracy, instituting an information clearing house at the centre, making preparations to operate as a watchdog to criticize and lobby on matters of constitutional concern, working towards promoting solidarity among like-minded groups at the regional and international levels, and laying the basis for reforming school and university curricula. 

In the list of possible opportunities and challenges, the following were raised: 

Opportunities 

a)      Given the new developments and recently introduced changes in the international system,   ECOADEV can take a clear ideological position in the context of the "New World Order";

b)      The existence of discredited political systems and leaderships will likely lead to the creation of a formidable constituency of support in favor of change. 

Challenges/Constraints 

a)      There is a need to clearly demarcate the focus of activities, between research and activism,  as the major undertaking of the Centre;

b)      The Centre should prioritize activities, and avoid duplicating what other organizations are already doing;  

c)      Issues pertinent to each country should be specifically discerned and be dealt with     accordingly;

d)      The Centre should reach the rural people and address such issues associated with land,     poverty, and ethnicity that are relevant to their everyday life;

e)      There is a danger that in some cases the acquisition of funds could entail political   conditionalities from providers; and

f)       Problems could be faced in finding a knowledgeable/experienced and committed leadership to run the Secretariat. 

Participants also envisaged that instituting ECOADEV could result in bringing about the unity of East African activists and academics on the issues of  democracy and constitutionalism.  It was also hoped that if this is realized, there would be a chance for effectively challenging the status quo.  The full-fledged launching of the Centre was also viewed as a factor that could immensely contribute towards developing strategies that are congruent with the African reality thereby avoiding irrelevant and gross prescriptions by foreigners.