EACO SEMINAR FOR CHAIRPERSONS OF BOARDS OF NATIONAL COMMUNICATIONS REGULATORY AUTHORITIES AND SPECIAL EXCOM MEETING The Legal and Constitutional Affairs Committee (LCAC)

What is LCAC? The LCAC is one of the two Committees constituted by Congress to execute the EACO 3-year Strategic Plan. It is composed of professionals from all five member states including regulators, operators and associates.

Terms of reference It was mandated by 20 th Congress on 28 th June, 2013 to give legal advice to all EACO organs. It is specifically tasked with: – Interpreting the EACO constitution and related Rules and Regulations; – Recommending necessary amendments to the EACO Constitution;

TORs cont’ Providing legal advice to Congress and the Executive Committee on any legal and Constitutional matters; Developing Rules and Regulations for the smooth functioning of EACO and its organs; and Guiding and supporting the Secretariat on any Legal matter.

Achievements During the period under review (June 2013-May 2015) the Committee in line with its TORs:  developed for approval of 21 st Congress the draft Rules of Procedure for the Working Groups and Committees of EACO and the draft Rules of Procedure for Congress and Assemblies.

Achievements cont’  Developed draft Procedures for Imposition of Sanction and Dispute Settlement Procedures. The two documents were however not finalised because EXCOM deferred the proposals on imposition of sanctions on members for a period of two (2) years effective from 26 th September 2014 so as to give members an opportunity to appreciate the value and the role EACO.

Achievements cont’  Provided legal advisory services to the Secretariat on the proposal for EACO to become restricted Union of UPU and the proposal to transition the EACO Exhibitions Ad-hoc Committee into a standing Committee of EACO.

Emerging issues The need for clarity on the specific bodies of EACO to address disputes including their composition and the effect it will have on the EACO Constitution. Financial implications of the dispute resolution bodies. The decision of the EXCOM to defer certain proposed clauses of the Imposition of Sanctions Procedure for a period of two years which would affect the imposition of sanctions.

Future work of the Committee Review of the Constitution  The Committee noted that that the Constitution vests immense powers in the Congress like dispute resolution and setting up of Working Groups and Committees, yet Congress meets once in two years therefore there is need to amend the constitution to delegate. The Committee in consultation with other organs of EACO will identify the powers of Congress that can be delegated and prepare an instrument of delegation.

Cont’ Procedures for dispute resolution and imposition of sanctions  Once the EACO Secretariat in consultation with EXCOM gives guidance to LCAC on when to reopen the discussions on procedures for imposition of sanctions, the Committee will finalise the two documents and submit the same to the Executive Committee, for adoption and subsequent approval by the Congress.

Thank you