Published online by Cambridge University Press: 03 March 2011
The heads of state and government of the East African sub-region established a forum known as the Inter-Governmental Authority on Development (IGAD) for expanded cooperation in 1996. The conclusion of the treaty by which IGAD was created was the beginning, not the end, of commitment to IGAD through the principle of pacta sunt servanda [agreements are binding and must be implemented in good faith]. In spite of the great hopes, optimism and aspirations placed on the creation of IGAD, the challenge then become IGAD members' commitment to the treaty establishing IGAD. If member states are unable to grant powers to IGAD and cooperate to enable IGAD to execute its objectives, IGAD cannot work as was intended, hence it remains open to questions. This article discusses IGAD's fundamental features and the institutional progress it has achieved, as well as the challenges it faces as an international legal body.
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2 Preamble and art 7 of the IGADD Agreement, id.
3 See preamble, arts 7 (aims and objectives) and 13 (areas of cooperation) of the IGAD Agreement, above at note 1.
4 Treaty Establishing the African Economic Community (Abuja, Nigeria, 3 June 1991).
5 Id, art 88.
6 UN Conference on Environment and Development (Rio de Janeiro, Brazil, 3–14 June 1992): A/CONF.151/26 (vol I). For the test adopted by the conference, see (1992) XXXI ILM 814, in particular at 876. See also UN Action 21 (UN, 1993) at 7–271: Doc.A/CONF.151/26/Rev.1; arts 2(2) and 210(1) of the UN Convention to Combat Desertification, available at: <http://www.un.org/millennium/law/xxvii-25.htm> (last accessed 12 December 2010).
7 Paper presented by S Mesfin, minister of foreign affairs of the Federal Democratic Republic of Ethiopia, at the International Conference on Economic Integration and Trans-boundary Resources, organized by the Ethiopian International Institute for Peace and Development (EIIPD), Addis Ababa, 8–10 September 1997. See EIIPD Economic Integration in the IGAD Sub-Region (EIIPD, March 1998) at 13. Indeed, this strong bilateral cooperative relationship between the two governments has developed politically from their alliance for 15 years as the Eritrean People's Liberation Front and the Tigray People's Liberation Front.
8 Paraphrased from “IGAD project profiles” in IGAD's second special summit (Nairobi, 21 March 1996); AH Bashir (IGAD executive secretary) preface to Protocol of the Establishment of a Conflict Early Warning and Responses Mechanism for IGAD Member States (2002, published by IGAD with the Assistance of the German Society for Technical Cooperation (GTZ)).
9 “The IGADD 5-year programme 1992–1996” (1992, IGAD): IG/CM/5-5/91-92.
10 “IGAD general information” (1997, IGAD Publication Unit) especially at 1.
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12 Common Market for Eastern and Southern Africa (COMESA); Organization of African Unity (OAU); African Union (AU).
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16 Id at 1–2 (annex B).
17 Ibid.
18 “IPF speaks: IGAD interviews with IPF chairman, Ambassador Guido La Tella, ambassador to the Federal Republic of Ethiopia” (July – August, September – October 2002) 3/4 IGAD Newsletter 2 at 6–7.
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33 ILC A/4169 at 10, para 8(a), cited in Sands and Klein Bowett's Law, above at note 14 at para 15-009.
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38 Art 3 of the IGAD Agreement, above at note 1.
39 Id, art 6.
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42 Arab Organization for Industrialization and Others v Westland Helicopter Ltd case, Swiss Federal Supreme Court (judgment of 19 July 1988) 80 International Law Report 652 at 658; Schermers and Blokker International Institutional Law, above at note 20 at para 1196.
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46 Abuja Treaty, above at note 4.
47 Declaration of the 11th Summit of IGAD Heads of State and Government (Nairobi, 20 March 2006). See also declaration of AU first conference of African ministers of integration (COMAI), 30–31 March 2006 (Ouagadougou, 31 March 2006) at 7–8: COMAI/Decl (I).
48 Decisions on the moratorium on the recognition of RECs (Assembly of the AU, seventh ordinary session, Banjul, 1–2 July 2006): DOC.EX.CL/278 (IX).
49 Arts 9–13 of the IGAD Agreement, above at note 1; “Legal quorum, rule 5 of the rules of procedure governing IGAD meeting” and “Election of the Bureau, rule 5 of the rules of procedure governing IGAD meeting” (Nairobi, 4 July 1997): IGAD/CM-16/Rules-Doc.
50 Id, art 9.
51 Id, art 10.
52 Id, art 11.
53 Id, arts 12 and 13.
54 CEWARN Protocol, above at note 44.
55 Id, art 9.
56 Particularly the preambles and art 17 of the IGAD Agreement, above at note 1.
57 Declaration of the eighth ordinary IGAD Summit of Heads of State and Government (Khartoum, 23 November 2000): IGAD/SUM-8/2000-DECLARATION (Khartoum Declaration); Khartoum Declaration at annex I: IGAD/SUM-8/2000-PROC.
58 COMAI Declaration, above at note 47 at 7.
59 AH Bashir (IGAD executive secretary) IGAD annual report 2007 (31 January 2008).
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61 Khartoum Declaration, above at note 57 at annex II, no 3.3.
62 Proceedings of the ninth Summit of the Assembly of the Heads of State and Government of IGAD (Khartoum, 10 – 11 January 2002) at para 6. See also proceedings of the 21st ordinary session of the IGAD Council of Ministers (Nairobi, January 2001); in Nairobi, the first regular meeting of ministers in charge of women's affairs recommendation was endorsed by the IGAD Council and Summit.
63 Draft proceedings of the IGAD gender policy strategy and the third regular meeting of the ministers in-charge of women/gender affairs: Terms of reference for the IGAD-Gender Peace and Development Forum (Nairobi, 15 July 2004).
64 Declaration of the fourth regular meeting of IGAD ministers in charge of gender/women affairs (Nairobi, 21–22 February 2006).
65 The UN General Assembly adopted the Millennium Declaration committing member states to achieving the following goals: (1) eradicate extreme hunger and poverty; (2) achieve universal primary education; (3) promote gender equality and empower women by eliminating gender disparity in schooling, preferably by 2005 and not later than 2015; (4) reduce child mortality; (5) reduce maternal mortality by 75%; (6) combat HIV/AIDS, malaria and other diseases; (7) ensure environmental stability; and (8) develop a global partnership for development, referring aid and trade with special treatment for the poorest countries: see: <http://www.undp.org/mdg/basics.shtml> (last accessed 12 December 2010).
66 Khartoum Declaration, above at note 57 at para 3.2.
67 CEWARN Protocol, above at note 44.
68 Id, art 2(2); art 17(b) of the IGAD Agreement, above at note 1.
69 Report of the inaugural meeting of the Committee of Permanent Secretaries of CEWARN (Entebbe, Uganda, 6–7 June 2002) at 23.
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72 Declarations of principles of international law concerning friendly relations and cooperation among states in accordance with the Charter of the United Nations (24 October 1970): UN General Assembly res 2625 (XXV).
73 Convention on the Prevention and Combating of Terrorism by the 35th Assembly of Heads of State and Government of the OAU (Algiers, 12–14 July 1999): AHG/Decl 1–2 (XXXV).
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78 Communiqué by the tenth ordinary IGAD Summit of Heads of State and Government (Kampala, 24 October 2003) (Kampala Communiqué) at no 16.
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91 Khartoum Declaration, above at note 57 at paras 2–3.
92 Draft Protocol for the Establishment of Inter-Parliamentary Union Within IGAD Member States (2004).
93 IGAD annual report 2007, above at note 59 at 13 and 55.
94 Ibid; see: <http://www.igad.org/index.php?option=com_content&task=view&id=43&Itemid=53> (last accessed 23 September 2008).
95 Arts 2(2) and 3(2) of the Draft Protocol, above at note 92.
96 Id, art 5(3).
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123 The Algiers Peace Agreement between Eritrea and Ethiopia, signed on 12 December 2000, at Algiers, Algeria.
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133 Khartoum Declaration, above at note 57 at paras 2–3.
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135 The East African Community has three members, including Tanzania; COMESA has 20 members; and the Community of Sahel-Saharan States has 23 members.
136 COMAI Declaration, above at note 47 at 7–8. See also art 1(d) and (e) of the Abuja Treaty, above at note 4; Decisions on the moratorium on the recognition of RECs, above at note 48.
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