An analysis of the effectiveness of the legal framework for conflict resolution in the east African community

Abstract

The East African Community (EAC) has experienced some of the most severe conflicts on the African continent.1 The provisions in the Treaty for the establishment of the EAC, particularly Articles 5(1), 123(1), (2), (3)(b), and 124(1), which outline the obligations of member states to collaborate on defence and security to ensure peace, are vague and ambiguous, giving room for varying interpretations by member states. This lack of clarity results in inconsistent implementation of security policies, hence weakening the EAC's ability to resolve conflicts effectively. This study analysed the effectiveness of the legal framework for conflict resolution in the East African Community (EAC). The study used doctrinal legal research methodology and a qualitative approach. The study found that the EAC’s legal framework for conflict resolution encourages diplomacy, cooperation, non-interference, and voting by consensus which often leads to a delay in the EAC's response to conflicts. The EAC’s mandate to maintain peace and security lacks clarity and success when compared with that of ECOWAS, leaving several lessons to learn. The study concluded that the lack of clear provisions for military intervention or peace enforcement restricts the EAC’s effectiveness in situations that demand urgent intervention. The study recommended that the EAC should amend the EAC Treaty to cure the ambiguity in the provisions relating to conflict resolution. Finally, the study also provided for further areas of research.