Press Release

Push for Ratification of the Arms Trade Treaty as EALA, ICRC hold seminar in Arusha 

East African Legislative Assembly, Arusha, Tanzania: 6thOctober, 2018: Stakeholders keen to reduce the proliferation of Small and Light Weapons (SALW) now want EAC Partner States to ratify the Arms Trade Treaty (ATT) to mop out illegal arms. A seminar on Arms Trade Treaty and its Complementarity to the Regional Arms Control Instruments for Partner States organised by the EALA and the International Committee of the Red Cross (ICRC)took place in Arusha yesterday.

EALA Member, Hon Pierre Celestin Rwigema, speaking on behalf of the Speaker, Rt Hon NgogaKaroli Martin, said it was vital for the region to seriously tackle the matter of illegal arms saying the security challenges were beyond inter-state issues but a concern for intrastate initiatives.

Hon Rwigema said insecurity played a role in hindering development, destabilizing leadership and resulted in poor economic development among others.  The legislator added that violent crimes as well as arms trafficking, transnational criminality, which were may times related to presence of illegal arms would threaten the continent if not checked.

“In addition, with the EAC now implementing the Common Market Protocol that envisages free movement, there is imminent fear of increase in cross-border crime. Unfortunately, free movement of persons does not only involve those in search of opportunities, but it inevitably also involves free movement of criminals. This can be destabilizing and calls for closer co-operation by the agencies.  Articles 123,124 and 125 of the EAC Treaty explicitly underscores security as a critical component in supporting; consolidating and protecting regional integration”, Hon Rwigema said.

The legislator remarked that the African continent was repositioning itself to be a significant player in global trade. He therefore called for all effort to be inculcated to ensure regional and continental peace and security.  Hon Rwigema said it was necessary for all Partner States to ratify the Treaty.  At the moment, all Partner States have signed the Treaty but none of them has ratified the same.  The EAC Partner States are among the 38 countries that have signed but not ratified the Treaty according to the Head of the Arms Trade Treaty Secretariat, Mr Dumisani Dladla.

Dr Philip Mwanika, ICRC Focal Point in Charge of Multilateral Affairs and Humanitarian Diplomacy, remarked that the Assembly was a critical stakeholder in so far as reducing armed violence and conflict mitigation is concerned.We have particularly been made aware of the work of the Committee on Regional Affairs and Conflict Resolution towards conducting fact finding mission and advancing conflict transformative dialogue sessions with civil society and governments pertaining to some still protracted social contexts in the region”, Dr Mwanika said.

The ICRC, he said, was keen to continue in its mandate of supporting citizens in the armed conflict areas. Dr Mwanika lamented over the bulk of civilian suffering occasioned by presence of conventional weapons and cited the indiscriminate and direct attacks against civilians, hospitals and even humanitarian workers. The expert therefore called for responsible arms transfers and enforcement of rules and norms connected to international arms trading as a means to preventing the risks of weapons they provide from being used to commit, or facilitate serious violations of human rights.

Dr Mwanika said over the thirty-plus years of work in South Sudan and Somalia, the ICRC could attest to a slow-motion effect of conventional weaponry in displacement and more indirect suffering due to cumulative deterioration of basic services, life chances and livelihoods.

Dr Mwanika also informed the seminar of positive developments and dynamics citing conscious action towards armed violence reduction as a means to realizing peace and security.  The multilateral expert enumerated the Nairobi Protocol, Kinshasa Convention, the EAPCCO Protocol and theMifugo Protocol as key resources in dealing with the scourge of small arms and light weapons.

The Head of the Arms Trade Treaty Secretariat, MrDumisani Dladla, said whereas importation and related issues of buy and sale of arms is a sovereign right of nations, states must work together to assess the risk of proposed transfers.  He said that nations need to take measures to regulate arms imports where necessary and which may include looking at the import systems as well as requesting information from an exporting state regarding a pending or actual authorization of shipment.

The objectives of the seminar were to demystify certain provisions of the ATT which have raised concerns for Member States in the region, to provide a platform towards listening to perspectives of other states and regional organization on ratification of the ATT; to understand other similarities and differences between the Nairobi Protocol and the ATT (UNPOA) and to take a pragmatic approach to understand the ATT reporting obligations and identify ways to harmonise transparency obligations  under the Nairobi Protocol.

According to the ICRC, more must be done to revert what can be a crisis of small arms in future.

"East Africa is one of the regions in the world that is gravely affected by small arms and light weapons and yet no single East African state is a party to the Arms Trade Treaty," said Eve Massingham, Regional Legal Advisor for the ICRC. "The failure of any East Africa state to ratify the treaty seems to be holding others back. The purpose of today's seminar is to bring representatives from the East African community together to speak collectively about the Arms Trade Treaty and what roadblocks they face to ratifying it", she added.

The ATT which entered in to force in Dec 2014 is part of the International response to the tremendous human suffering caused by the widespread and poorly regulated availability of conventional weapons in establishing for the first time a global norm for responsible arms transfers, the ATT represents a historic achievement.

Analysts contend that the ATT as contrasted with other control laws provides a blueprint for action to reduce human suffering by all States in the arms supply chains.  By adopting the ATT, States have recognized that arms and ammunition can no longer be regarded as just another form of commercial goods.  At the very core of the Treaty is the need to subject the transfer of conventional arms, their ammunition, and parts and components to strict criteria, with the aim of ensuring that weapons do not end up in the hands of those who would use them to commit serious violations of international human rights law or other serious crimes.

MrOluwafisanBankale,Representative of the Economic Community of West African States (ECOWAS) said illicit rampant of SALW was rampant in the region due to a culture fueled by several conflicts including civil wars in Sierra Leone, Liberia, Cote d’Ivoire and Guinea Bissau.  At the same time Tuareg rebellions in Niger and Mali and the terrorism activities in Mali and Nigeria had led to the leak of stock in to the hands of terrorists.

EALA Member, Hon George Odongo reiterated that the Treaty been specific to the Partner States means we need to interrogate the issues at the Partner States levels and EALA is capable of holding the conversation with the national parliamentary committees.  The Assembly is interested in peace and security and the prevalence of arms hampersthe aspect. 

“ATT looks at the demand and supply side and it is therefore vital to look at the entire trajectory including matters of stockpile management.  EALA RACR wants to continue in the engagement with ICRC”, he said. “We are keen to look at the ratification issue and to aggregate the regional and international commitments,” Hon Odongo added.

Prior to the meeting, the ATT Head of Secretariat, Mr Dumisani Dladla and the ICRC Focal Point in charge of Multilateral Affairs & Humanitarian Diplomacy, Dr Philip Mwanika paid a courtesy call on Speaker of EALA, Rt Hon Ngoga Karoli Martin.

- ENDS -

For more information, please contact:

Bobi Odiko
Senior Public Relations Officer
East African Legislative Assembly
Arusha, Tanzania
Tel: +255-27-2508240
Fax: +255-27-2503103
Cell: +255-787-870945, +254-733-718036
Email: BOdiko [at] eachq.org
Web: www.eala.org

About the East African Legislative Assembly:
The East African Legislative Assembly is the Legislative Organ of the East African Community. Its Membership consists of a total of 62, of whom 54 are elected Members (9 from each Partner State) and eight ex-officio members (the Ministers responsible for EAC Affairs from the Partner States, the Secretary General of the Community and the Counsel to the Community).The East African Legislative Assembly has legislative functions as well as oversight of all East African Community matters.  The enactment of legislation of the Community is put in effect by means of Bills passed by the Assembly and assented to by the Heads of State, and every Bill that has been duly passed and assented to become an Act of the Community and takes precedent over similar legislations in the Partner States.  EALA has to date passed 79 pieces of legislation.

EALA defers debate on Statistics Bill

East African Legislative Assembly, Arusha, Tanzania: 4th October, 2018: Debate on the much anticipated EAC Statistics Bureau Bill, 2017, was deferred yesterday to allow for further consultation as the House rose. The Motion to postpone the debate on the crucial Bill was moved by Minister for EAC, Burundi, Hon Isabelle Ndahayo on behalf of the Council of Ministers and supported by legislators. 

The Hon Minister informed the House that, the EAC Statistics Bureau Bill, 2017, which was a Council Bill needed time for more consultation before debate can ensue.   Particularly, the United Republic of Tanzania had vide a letter to the Clerk of EALA on October 1st, 2018, requested for reinstatement of the earlier provision of clause 7(2) of the said bill, in effect, rejecting the amendment proposed by the EALA Committee on Communication, Trade and Investment (CTI) submitted to the Council of Ministers on September 24th, 2018.

Those who rose in support of the adjournment of the debate were Hon Fatuma Ibrahim, Hon Rose Akol, Hon Mary Mugyenyi, Hon Abdikadir Aden, Hon Fatuma Ndangiza, Hon Dr OburuOginga, Hon Noor Aden, Hon Dr Woda Jeremiah and Hon George Odongo. Others wereHon Dr OburuOginga, Hon Kennedy Mukulia, Hon Mathias Kasamba and Hon Dennis Namara, Hon Paul Musamalihowever opposed the Motion for Adjournment of debate on the Bill.

The debate on adjournment was preceded by presentation of the Report of the Committee on Communication, Trade and Investment (CTI) on the EAC Statistics Bureau Bill by the Chair of the Committee, Hon Gai Deng.

The EAC Statistics Bureau Bill, 2017,seeks to establish the Statistics Bureau as an Institution of the Community under Article 9 of the Treaty and Article 21 of the Protocol on Establishment of the EAC Monetary Union.   The Bill provides for the functions, powers, governance and its funding with a view to establishing an institution responsible for statistics in a bid to support the East African Monetary Union.

Meanwhile, the House further asked a number of questions on pertinent matters of integration to the Council of Ministers.

- ENDS -

For more information, please contact:

Bobi Odiko
Senior Public Relations Officer
East African Legislative Assembly
Arusha, Tanzania
Tel: +255-27-2508240
Fax: +255-27-2503103
Cell: +255-787-870945, +254-733-718036
Email: BOdiko [at] eachq.org
Web: www.eala.org

About the East African Legislative Assembly:
The East African Legislative Assembly is the Legislative Organ of the East African Community. Its Membership consists of a total of 62, of whom 54 are elected Members (9 from each Partner State) and eight ex-officio members (the Ministers responsible for EAC Affairs from the Partner States, the Secretary General of the Community and the Counsel to the Community).The East African Legislative Assembly has legislative functions as well as oversight of all East African Community matters.  The enactment of legislation of the Community is put in effect by means of Bills passed by the Assembly and assented to by the Heads of State, and every Bill that has been duly passed and assented to become an Act of the Community and takes precedent over similar legislations in the Partner States.  EALA has to date passed 79 pieces of legislation.

Court dismisses a case by Dr Mpozayo, former EALA Staff challenging Rwanda Govt over his arrest and detention

East African Court of Justice, Arusha, 30th September, 2018: The First Instance Division dismissed Dr Mpozayo Christophe’s Case against the Government of Rwanda over his arrest, detention, prosecution conviction and sentencing for the offence of inciting insurrection amongst the population for being in possession of   ammunition. The Applicant, who is a Rwandan Citizen and former Staff of the Community in the East African Legislative Assembly (EALA), was seeking Court orders to declare that the government infringed the fundamental Principles of the Community as well as Rwandan Laws.

In ruling Court held that it is not satisfied by the Applicant that Criminal Case No.RP0017/14/HC/KIG was conducted against universally accepted principles of law, therefore declaration against his arrest, detention, trial and imprisonment being unlawful was declined.

Further Court said that the Applicant has not proved violation of the principles of law enshrined in Articles 6(d) and 7 (2) or the Treaty, hence Court not satisfied and declined to declare that the Republic of Rwanda violated the EAC Treaty and principles of good governance and rule of law as well as his conviction was unlawful as sought by the Applicant.

In addition Court considered that granting orders that the sentence imposed on the Applicant in Criminal Case No.RP0017/14/HC/KIG and be set aside as well as an order that the Applicant’s conviction be hereby set aside, would be tantamount to exercise an appellate jurisdiction over national courts, which jurisdiction the court is not clothed with, hence such orders sought declined to be granted.

On the prayer Court to award general damages to the Applicant, the Court said that it may award general damages in an appropriate case, however, in this case, it we are unable to do so because the Applicant has not proved his claims in his Reference hence prayer was declined. Similarly, Court found no basis to award aggravated and exemplary damages as sought by the Applicant, having not succeeded in his case.

Furthermore, Court noted that, the Applicant in his Written Submissions raised a claim for his unpaid monthly earning. Court retaliated that, such a claim is akin to a claim for special damages and that it is according to the law, that specific damages must be pleaded and proved. That In this case, they were not pleaded. In any event, the Applicant has not even succeeded in the Reference, hence the prayer was disallowed.

In conclusion, the Court said that, with regard to the prayer for costs, as stated in Rule 111(1), costs follow the event unless the Court for good reasons otherwise orders.  In this case, the Applicant having failed to prove his claims under this Reference, he would not be entitled to costs. Ordinarily, he should be subjected to pay costs to the Respondent. However, the Court is aware that the Applicant could not afford to engage a lawyer to represent him initially and that the ones that represented him subsequently were doing so under a legal aid brief by the East African Law Society.  In the circumstance, it is in the interest of justice that each party bears its own costs.

The Lawyer representing the Applicant, after the Judgment was delivered, he requested Court to provide him with the copies of the pleadings and the Judgment to enable him Appeal to the Appellate Division.

The Judgment was delivered by Honorouble Lady Justice Monica Mugenyi, (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Justice Dr Faustin Ntezilyayo, Justice Fakihi Jundu, and Justice Audace Ngiye

The Applicant was represented by Mr Joel Kimutai Bosek an Ms Moureen Okoth whilea the Respondent was represented by Counsel Arnest William holding brief for Nicholas Ntarugera Counsel for the Respondent AG Rwanda

Notes for Editors:

The Applicant underwent two different cases for two different charges or offences. In the first trial, he was arrested, detained, prosecuted, found innocent, acquitted and was accordingly released, while in the second trial he was arrested, detained, prosecuted, found guilty, convicted and sentenced to ten (10) years imprisonment.

In the first criminal case, the Applicant was arrested on 8th November, 2013, detained and charged with the offences of defamation, insulting a person in a private area, conspiracy against the Government of Rwanda and being in illegal possession of arms (a grenade). He was acquitted of the charges on 31st March, 2014 and released on 2nd April, 2014.

In the second criminal case, the Applicant was arrested on 2nd April, 2014, detained and charged with a different offence to wit inciting insurrection or trouble amongst the population. The Applicant was tried on the said offence and on 8th April, 2015 was found guilty, convicted and sentenced to ten (10) years imprisonment.

The Skype Chat documents, the WhatsApp conversation between the Applicant and one Munyampeta Jean Damascene was discovered in his seized laptop and produced before the trial court as evidence in the case against him of inciting insurrection or trouble amongst the population and the same were discovered after issuance of the decision to intercept the relevance communication and correspondence by the National Prosecutor, one Ruberwa Bonaventure on 25th October 2013.

ENDS

For more information, please contact:

Yufnalis Okubo
Registrar
East African Court of Justice
Arusha, Tanzania
Tel: +255 27 2162149
mail: Okubo [at] eachq.org
www.eacj.org

About the East African Court of Justice:

The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.

Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States.

More Articles ...


East African Community
EAC Close
Afrika Mashariki Road
P.O. Box 1096
Arusha
United Republic of Tanzania

Tel: +255 (0)27 216 2100
Fax: +255 (0)27 216 2190
Email: eac@eachq.org