ex United Nations Educational, Scientific and Cultural Organization Executive Board Hundred and seventy-fifth session 175 EX/41 PARIS, 25 August 2006 Original: English/French Item 43 of the provisional agenda RELATIONS WITH THE EAST AFRICAN COMMUNITY (EAC) AND DRAFT COOPERATION AGREEMENT BETWEEN UNESCO AND THAT ORGANIZATION SUMMARY In the context of strengthened cooperation with the African Regional Economic Communities (RECs), which are pillars of African Union programme implementation, the Organization expressed its desire to establish official relations with the East African Community (EAC). The Secretary-General of EAC has welcomed this initiative. In conformity with Article XI, paragraph 1, of the UNESCO Constitution, the Director-General of UNESCO therefore requests the Executive Board to authorize him to establish such relations through the signing of a cooperation agreement between the two organizations. To that end, he hereby submits to the Executive Board, for approval, a draft cooperation agreement (Annex II) that has already been approved by the Secretary-General of the East African Community (EAC). Decision proposed: paragraph 7. 1. The East African Community (EAC) and UNESCO have always maintained cooperation relations but these have not so far been formalized through an agreement. In a letter dated 20 July 2006, the Secretary-General of EAC transmitted to the UNESCO Secretariat a draft cooperation agreement between EAC and UNESCO. The Secretary-General of EAC met with the Director- General on 12 June 2006 at UNESCO Headquarters. 2. At its eighth summit, held on 1 and 2 July 2006 in Banjul, the African Union selected EAC as one of the principal regional economic communities responsible for implementing its programme. The other seven regional economic communities chosen for that purpose were: the Economic Community of West African States (ECOWAS), the Economic Community of Central African
page 2 States (ECCAS), the Community of Sahel-Saharan States (CEN-SAD), the Common Market for Eastern and Southern Africa (COMESA), the Intergovernmental Authority on Development (IGAD), the Southern African Development Community (SADC), and the Arab Maghreb Union (AMU). 3. EAC covers three countries of Eastern Africa: Kenya, Uganda and the United Republic of Tanzania. EAC has made it a priority to establish an exchange and investment zone through the standardization of norms and the elimination of obstacles to the free circulation of goods, persons and capital. A brief note on the structure and organization of EAC is attached hereto (Annex I). 4. EAC belongs to the Forum of Regional and Subregional African Organizations in support of cooperation between UNESCO and NEPAD (FOSRASUN) created by the Director-General pursuant to the recommendations of the Ouagadougou seminar UNESCO-NEPAD from Vision to Action (5-7 March 2003), approved by the Executive Board at its 166th session (166 EX/Decision 4.1). The Forum is intended to provide a platform for dialogue and partnership between the Commission of the African Union, the RECs and UNESCO in order to promote among them concerted action to achieve the objectives of regional and subregional integration through education, science, culture and communication. 5. The cooperation agreement with EAC is a response in particular to the Forum s recommendation calling upon UNESCO and the RECs to facilitate policy-dialogue processes with a view to the signing of cooperation agreements for joint action. It is also in the spirit of the Executive Board decisions (164 EX/Decision 8.6, 166 EX/Decision 4.1 and 170 EX/Decision 4.1) on strengthening cooperation with the African institutions that are mainstays of NEPAD s programme implementation and of the regional integration process, and in the spirit of the United Nations General Assembly resolutions (A/RES/57/2, A/RES/57/7, A/RES/58/233, A/RES/59/254 and A/RES/60/222) on NEPAD. 6. In conformity with Article XI, paragraph 1, of the UNESCO Constitution, the Director- General submits to the Executive Board for examination and approval the draft cooperation agreement contained in Annex II. Proposed draft decision 7. In the light of the foregoing, the Executive Board may wish to adopt a decision along the following lines: The Executive Board, 1. Bearing in mind the provisions of Article XI, paragraph 1, of the UNESCO Constitution, 2. Having examined document 175 EX/41, 3. Noting with satisfaction the existing cooperation between the East African Community (EAC) and UNESCO, 4. Considering the desirability of establishing official relations between UNESCO and the East African Community (EAC), 5. Taking note of the fact that the Secretary-General of that organization has approved the text of the draft cooperation agreement;
page 3 6. Approves the draft cooperation agreement which is reproduced in Annex II of this document; 7. Authorizes the Director-General to sign the cooperation agreement on behalf of UNESCO, and to establish official relations with the East African Community (EAC).
Annex I ANNEX I Note on the East African Community Member States Kenya, Uganda and the United Republic of Tanzania Origins The East African Heads of State signed the Treaty for the Establishment of the East African Community in Arusha, on 30 November 1999. Prior to re-launching the East African Community in 1999, Kenya, Tanzania and Uganda had enjoyed a long history of cooperation under successive regional integration arrangements. These included the Customs Union between Kenya and Uganda in 1917, which the Tanganyika later joined in 1927; the East African High Commission (1948-1961); the East African Common Services Organisation (1961-1967); the East African Community (1967-1977), and the East African Co-operation (1993-1999). Objectives The EAC headquarters are located in Arusha, United Republic of Tanzania. The EAC aims at widening and deepening cooperation among the partner States in political, economic and social fields for their mutual benefit. To this purpose, EAC operates on the basis of a five-year development strategy. The EAC strategy emphasizes economic cooperation and development with a strong focus on the social dimension. The role of the private sector and civil society is considered as central and crucial to the regional integration and development in a veritable partnership with the public sector. Areas of Cooperation The regional cooperation and integration envisaged in the EAC is broad-based, covering trade, investments and industrial development; monetary and fiscal affairs; infrastructure and services; human resources; science and technology; agriculture and food security; environment and natural resource management; tourism and wildlife management; and health, social and cultural activities. Institutions of the EAC The Summit comprising of heads of government of partner States gives general direction towards the realization of the goal and objectives of the Community; The Council of Ministers is the main decision-making institution. It is made up of ministers from the partner States responsible for regional cooperation; Sectoral Committees conceptualize programmes and monitor their implementation. Council establishes the Committees on recommendation of the respective co-ordinating committee; The East African Court of Justice ensures that Community law is interpreted and implemented in line with the Treaty;
Annex I page 2 The East African Legislative Assembly provides a democratic forum for debate. It has a watchdog function and also plays a part in the legislative process; The Secretariat is the executive organ of the Community. As the guardian of the Treaty, it ensures that regulations and directives adopted by the Council are properly implemented. The Secretary-General In April 2006, the seventh Summit of the EAC in Arusha endorsed H.E. Mr Volter Mwapachu, Ambassador, Permanent Delegate of the United Republic of Tanzania to UNESCO, for the post of Secretary-General of the EAC.
Annex II ANNEX II DRAFT COOPERATION AGREEMENT BETWEEN THE EAST AFRICAN COMMUNITY (EAC) AND THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION (UNESCO) The East African Community (hereinafter referred to as EAC), and the United Nations Educational, Scientific and Cultural Organization (hereinafter referred to as UNESCO), Considering that EAC has been established in order, inter alia, to give effect to the desire of its partner States for economic, political and social integration in accordance with the relevant provisions of the Charter of the United Nations and of the Abuja Treaty establishing the African Economic Community to promote peace, stability and security in the region, to foster agricultural development and environmental protection, and to facilitate efforts in the region to ensure the integration of its partner States and people, Considering that UNESCO was established for the purpose of advancing, through educational, scientific and cultural relations of the world s States, the objectives of international peace and common welfare of humankind, Considering that UNESCO s programmes are aimed at making a positive contribution to sustainable human development through education, science, culture, communication and information, Desirous of coordinating their perspective efforts in pursuit of the goals that are shared between them, in accordance with the Treaty establishing EAC and the Constitution of UNESCO, Having regard to 175 EX/Decision. (to be decided) by the Executive Board of UNESCO at its 175th session, HAVE AGREED AS FOLLOWS: Article 1 Purpose 1. The purpose of this Agreement shall be to provide a framework of cooperation and to facilitate collaboration between the two parties. Such cooperation shall encompass any matter pertaining to the fields of education, science, culture and communication concerning such similar tasks and activities as both organizations may pursue. Article 2 Cooperation 1. UNESCO and EAC shall establish between them mutual cooperation ties through the bodies competent for that purpose. 2. When circumstances so require, both organizations shall hold special consultations in order to determine the most appropriate means of optimizing the effectiveness of their respective activities in the fields of common interests.
Annex II page 2 3. EAC shall inform UNESCO of any of its activities which may be of interest to the Member States of UNESCO. EAC shall study any proposal submitted to it by UNESCO in its fields of competence with a view to coordinating efforts between the two organizations. 4. UNESCO shall inform EAC of any of its activities which may be of interest to the Partner States of EAC. UNESCO shall study any proposal submitted to it by EAC in its fields of competence with a view to coordinating efforts between the two organizations. Article 3 Reciprocal Representation 1. UNESCO may invite EAC to attend as observer the General Conference of UNESCO and meetings of the Executive Board whenever matters of common interest are discussed. 2. EAC may invite UNESCO to attend as observer the Conference of Heads of States and Government and the meetings of the Council of Ministers whenever matters of common interest are discussed. 3. Appropriate arrangements shall be made by agreements between the Secretary-General of EAC and the Director-General of UNESCO to ensure reciprocal representation of EAC and UNESCO at other meetings convened under their respective auspices which deal with matters of interest to their organization. Article 4 Joint EAC/UNESCO Commissions 1. EAC and UNESCO may refer to a joint commission any matter of common interest which may be deemed appropriate for reference thereto. 2. Any joint commission of this kind shall be composed of representatives appointed by both organizations, individually, the number to be appointed by each being determined by joint agreement. 3. Any such joint commission shall meet every two years and whenever deemed appropriate or necessary by both organizations. The reports of the joint commission shall be communicated to the Secretary-General of EAC and to the Director-General of UNESCO. Article 5 Exchange of Information and Documents Subject to such measures as may be necessary to protect the confidentiality of particular documents, UNESCO and EAC shall exchange information and documents on all matters recognized by both organizations as being of common interest. Article 6 Execution of the Agreement The Secretary-General of EAC and the Director-General of UNESCO shall, for the purpose of executing this Agreement, enter into any such additional arrangements as may prove desirable in the light of experience. Article 7 Review and Termination 1. This Agreement may be amended with the mutual written consent of both parties.
Annex II page 3 2. Either of the parties may terminate this Agreement by giving six month s written notice to the other party. The termination of this Agreement shall be without prejudice to the execution and completion of any projects or programmes under way. Article 8 Entry into Force This Agreement shall enter into force upon approval by respective competent organs of both organizations and signature by the Secretary-General of EAC and the Director-General of UNESCO. This Agreement has been drawn up in two original copies in English Language, both being authentic. DONE AT on.. For the East African Community (EAC) For the United Nations Educational, Scientific and Cultural Organization (UNESCO) Amb. Juma V. Mwapachu Secretary-General Koïchiro Matsuura Director-General Printed on recycled paper.