The united republic of Tanzania in the east African Community Legal Challenges in Integrating Zanzibar

Regional integration requires ceding or pooling of some sovereignty by Member States to enable the regional organs and institutions to implement the objectives for which such institutions are created. In the case of Tanzania’s participation in the East African . Community (EAC), this involves also ceding of sovereignty over certain matters which only one part of Tanzania—Zanzibar—has jurisdiction over. This thesis explores how the unique Union of Tanzania which has two-government structure and provides for Zanzibar’s exclusive jurisdiction on the non-union matters pose legal and political challenges in integrating Zanzibar in the EAC and in the implementation of the EAC commitments. The integration of Zanzibar in the EAC raises legal and constitutional challenges because the EAC covers many matters which are within the “exclusive jurisdiction” of Zanzibar. Zanzibar, on the other hand, although an autonomous entity within Tanzania, cannot participate directly in the EAC since it is not a sovereign State. The study mainly used library review for gathering relevant data while field research was used to supplement library review. The study critically analysed the position and extent of autonomy of Zanzibar within the Tanzanian constitutional set-up and in the EAC. Serious challenges in integrating Zanzibar into the EAC were found in relation to the non-union matters. In these matters, the Union Government has neither the authority to commit Zanzibar to the EAC nor mandate to change the laws and administrative arrangements existing in Zanzibar to make them EAC compliant. The study recommends some special arrangements to be adopted if Zanzibar is to be fully integrated into the EAC.