Common Market for Eastern and Southern Africa

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Common Market for Eastern and Southern Africa (COMESA)
  • السوق المشتركة لشرق وجنوب أفريقيا (Arabic)
  • Marché commun de l'Afrique orientale et australe (French)
  • Mercado Comum da África Oriental e Austral (Portuguese)
Comesa-logo.png
Coat of arms
Anthem: "People of Africa" [1]
COMESA Members.svg
Map of Africa indicating COMESA membership.
  Current members
  Former members 
Secretariat Flag of Zambia.svg Lusaka, Zambia
Official languages
Type Trade bloc
Membership 21 member states
Leaders
 Secretary General
Chileshe Mpundu Kapwepwe
EstablishmentAgreement
 Signed
5 November 1993
 Ratified
8 December 1994
Area
 Total
12,000,000 km2 (4,600,000 sq mi)
Population
 Estimate
Over 640 million [2]
GDP  (PPP)estimate
 Total
$1.0 trillion [3]

The Common Market for Eastern and Southern Africa (COMESA) is a regional economic community in Africa with twenty-one member states stretching from Tunisia to Eswatini. COMESA was formed in December 1994, replacing a Preferential Trade Area which had existed since 1981. Nine of the member states formed a free trade area in 2000 (Djibouti, Egypt, Kenya, Madagascar, Malawi, Mauritius, Sudan, Zambia and Zimbabwe), with Rwanda and Burundi joining the FTA in 2004, the Comoros and Libya in 2006, Seychelles in 2009 and Tunisia and Somalia in 2018.

Contents

COMESA is one of the pillars of the African Economic Community.

In 2008, COMESA agreed to an expanded free-trade zone including members of two other African trade blocs, the East African Community (EAC) and the Southern Africa Development Community (SADC). COMESA is also considering a common visa scheme to boost tourism. [4]

Membership

Current members

CountryJoined
Horn of Africa countries
Flag of Djibouti.svg  Djibouti 21 Dec 1981
Flag of Eritrea.svg  Eritrea 1994
Flag of Ethiopia.svg  Ethiopia 21 Dec 1981
Flag of Somalia.svg  Somalia 21 Dec 1981 (PTA) / 19 Jul 2018 (COMESA) [5]
North African countries
Flag of Egypt.svg  Egypt 6 Jan 1999
Flag of Libya.svg  Libya 3 Jun 2005 [n 1]
Flag of Sudan.svg  Sudan 21 Dec 1981
Flag of Tunisia.svg  Tunisia 18 Jul 2018 [5]
Indian Ocean
Flag of the Comoros.svg  Comoros 21 Dec 1981
Flag of Madagascar.svg  Madagascar "
Flag of Mauritius.svg  Mauritius "
Flag of Seychelles.svg  Seychelles 2001
African Great Lakes
Flag of Burundi.svg  Burundi 21 Dec 1981
Flag of Kenya.svg  Kenya "
Flag of Malawi.svg  Malawi "
Flag of Rwanda.svg  Rwanda "
Flag of Uganda.svg  Uganda "
Southern Africa
Flag of Eswatini.svg  Eswatini 21 Dec 1981 [n 2]
Flag of Zambia.svg  Zambia "
Flag of Zimbabwe.svg  Zimbabwe "
Central Africa
Flag of the Democratic Republic of the Congo.svg  Democratic Republic of the Congo 21 Dec 1981 [n 3]

Former members

CountryLeft
Flag of Lesotho (1987-2006).svg  Lesotho 1997
Flag of Mozambique.svg  Mozambique 1997
Flag of Tanzania.svg  Tanzania 2 Sep 2000
Flag of Namibia.svg  Namibia 2 May 2004
Flag of Angola.svg  Angola 2007 [n 4]

Organs

According to the treaties, the following organs have decision-making power:

In the event that a member State's court is reviewing the application or interpretation of the Treaty, it may request the Courts' opinion on the matter. If the national court is a court from which there is no appeal or remedy, then court is required to refer the question to the COMESA court. The national remedies must be exhausted before a person can bring a matter to the COMESA CJ. The COMESA Court has jurisdiction over suits brought by COMESA employees and third parties against COMESA or its institutions. It also may act as an arbitrary tribunal on any matter arising from a contract to which COMESA or any of its institutions is a party. Further the Court can adjudicate any dispute between member States who agree to bring the dispute before it. Unlike the Statute of the International Court, the treaty does not state the sources of law to be applied by the Court. The Treaty and any COMESA issued legal instruments, will make the initial law to be applied, but municipal law and international law may also be determined applicable by the Court.

While the jurisdiction of the COMESA Court provides multiple avenues for the creation of standard interpretation of the Treaty, there is no specific provision of an avenue for the settlement of disputes between the institutions of the Common Market. The Court is not given the power to interpret the statutes of the other COMESA institutions. Finally, the Treaty does not specify that the Court will have jurisdiction over human rights issues within the context of Community

Due to its varying jurisdictions of the Court, the Eighth Meeting of Ministers of Justice and Attorneys General recommended to the Council of Ministers and the Authority that the Treaty be amended to provide for two divisions in the Court, the Court of First Instance and the Appellate Division. The proposal was adopted and the Court was expanded in June 2005 with the appointment of seven judges in the Court of First Instance and five judges in the Appellate Division. The work of the Court was then suspended until the Appellate Division judges were appointed and the Rules of Court for the Appellate Division were drawn up and adopted. During this reformation of the Court, the previously fully independent Court was made subject to the review of any proposed Rules of Court by the Ministers of Justice and Attorneys-General. The Court was established under the 1994 Treaty, the first set of judges was not appointed until 1998.

Unlike other African regional courts, the COMESA Court continues to receive cases. However, due to lack of funds the Court is unable to hear all its cases at certain times. Funding is only done for one session of the Court per year, these has contributed greatly to piling of cases. The backlog of cases will most certainly increase with the current growth in trade disputes in the region. [8]

The following lower policy organs make recommendations to the above:

Other COMESA institutions created to promote development are:

Comparison with other regional blocs

African Economic Community
Pillar regional
blocs (REC)
Area
(km²)
PopulationGDP (PPP) ($US)Member
states
(millions)(per capita)
EAC 4,810,363312,362,653833,6223,2868
ECOWAS/CEDEAO 5,112,903349,154,0001,322,4523,78815
IGAD 5,233,604294,197,387225,0491,1977
AMU/UMA  a6,046,441106,919,5261,299,17312,6285
ECCAS/CEEAC 6,667,421218,261,591175,9281,45111
SADC 9,882,959394,845,175737,3923,15215
COMESA 12,873,957406,102,471735,5991,81120
CEN-SAD  a14,680,11129
Total AEC 29,910,442853,520,0102,053,7062,40654
Other regional
blocs
Area
(km²)
PopulationGDP (PPP) ($US)Member
states
(millions)(per capita)
WAMZ  11,602,991264,456,9101,551,5165,8676
SACU  12,693,41851,055,878541,43310,6055
CEMAC  23,020,14234,970,52985,1362,4356
UEMOA  13,505,37580,865,222101,6401,2578
UMA  2 a5,782,14084,185,073491,2765,8365
GAFTA  3 a5,876,9601,662,5966,3553,8225
During 2004. Sources: The World Factbook 2005, IMF WEO Database.
  Smallest value among the blocs compared.
  Largest value among the blocs compared.
1: Economic bloc inside a pillar REC.
2: Proposed for pillar REC, but objecting participation.
3: Non-African members of GAFTA are excluded from figures.
a: The area 446,550 km2 used for Morocco excludes all disputed territories, while 710,850 km2 would include the Moroccan-claimed and partially-controlled parts of Western Sahara (claimed as the Sahrawi Arab Democratic Republic by the Polisario Front). Morocco also claims Ceuta and Melilla, making up about 22.8 km2 (8.8 sq mi) more claimed territory.

See also

Notes

  1. 10th COMESA summit, as Libyan Arab Jamahiriya
  2. As Swaziland
  3. As Zaire
  4. Self-suspension:
    • "SADC, COMESA and the EAC: Conflicting regional and trade agendas". Institute for Global Dialogue. October 2008. Archived from the original on 1 January 2017. Retrieved 7 May 2011.
    • "African integration is great but has its hurdles". New Vision. 26 May 2010. Archived from the original on 19 June 2010. Retrieved 7 May 2011.

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References

  1. "Comesaweb – Comesa anthem". Comesa.int. Archived from the original on 22 August 2011. Retrieved 2 September 2011.
  2. "COMESA Objectives and Priorities". www.comesa.int/. Retrieved 10 April 2024.
  3. "COMESA Objectives and Priorities". www.comesa.int/. Retrieved 10 April 2024.
  4. Writer, eTN Staff (27 April 2010). "Apple files patent for iTravel - eTurboNews (eTN)". eturbonews.com.
  5. 1 2 "Tunisia, Somalia Joins COMESA". Common Market for Eastern and Southern Africa. 19 July 2018. Archived from the original on 18 July 2018. Retrieved 19 July 2018.
  6. Gakunga, Mwangi (24 November 2021). "Egypt Takes Over COMESA Leadership – Common Market for Eastern and Southern Africa". COMESA. Retrieved 28 April 2023.
  7. "About COMESA". The Common Market for Eastern and Southern Africa (COMESA). Archived from the original on 7 December 2011. Retrieved 10 December 2011.
  8. "Court of Justice of the Common Market for Eastern and Southern Africa". Archived from the original on 18 August 2014. Retrieved 10 December 2011.