Treaty establishing the Common Market for Eastern and Southern Africa.

The Contracting Parties establish among themselves a Common Market for Eastern and Southern Africa. The aims and objectives of the Common Market shall be not only to attain sustainable growth and development of the Member States by promoting a more balanced and harmonious development of its production and marketing structures, but also to promote joint development in all fields of economic activity and the joint adoption of macro-economic policies and programmes to raise the standard of living of its peoples and to foster closer relations among its Member States, as well as to cooperate in the creation of an enabling environment for foreign, cross border and domestic investment. The Treaty is composed of 36 Chapters and the following three Annexes: Protocol on transit trade and transit facilities; Protocol on Third Party Motor Vehicle Insurance; Protocol relating to the Unique Situation of Lesotho, Namibia and Swaziland.
Chapter 3 establishes the fundamental principles of COMESA, which include equality and inter-dependence of the Member States ; solidarity and collective self-reliance among the Member States, inter-State co-operation; harmonisation of policies and integration of programmes among the Member States; recognition, promotion and protection of human and peoples’ rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights; accountability, economic justice and popular participation in development; the recognition and observance of the rule of law.
The functions of the Organs of the Common Market are defined under Chapter 4. The Organs are : (a) the Authority; (b) the Council; (c) the Court of Justice; (d) the Committee of Governors of Central Banks; (e) the Intergovernmental Committee; (f) the Technical Committees; (g) the Secretariat; and (h) the Consultative Committee.
Chapter 16 is devoted to cooperation in the development of natural resources, environment and wildlife. Action by the Common Market relating to the environment shall have the following objectives: (a) to preserve, protect and improve the quality of the environment; (b) to contribute towards protecting human health; and (c) to ensure the prudent and rational utilisation of natural resources. Environmental protection requirements shall be a component of the Common Market’s policy in all the fields of Common Market activity. The polluter pays principle is explicitly mentioned. Specific provisions regard the prevention of illegal international trade in toxic and hazardous wastes.
In the field of agriculture and rural development, Chapter 18 states that the overall objectives of cooperation in the agricultural sector are the achievement of regional food security and rational agricultural production within the Common Market. The Member States undertake to adopt a scheme for the rationalization of agricultural production with a view to promoting complementarity and specialization in and sustainability of national agricultural programmes in order to ensure: (a) a common agricultural policy; (b) regional food sufficiency; (c) an increase in the productivity of crops, livestock, fisheries and forestry for domestic consumption, exports within and outside the Common Market and as inputs to agro-based industries; and (d) replacement of imports on a regional basis. Cooperation in matter of drought and desertification management is envisaged (art. 135), as well as on agricultural research and extension (art. 134).
Specific provisions for least developed countries and economically depressed areas are laid down under Chapter 22. Article 147 refers to agricultural and agro-industrial development. On gender issues, Chapter 24 recognizes the role of women in development and business. Further provisions concern cooperation among Member States in the field of energy (Chapter 13), health matters (Chapter 14), science and technology (Chapter 17), development of the private sector (Chapter 23), investment promotion and protection (Chapter 26).