EAC High Level Retreat on Mediation, Negotiation and Dialogue kicks-off in Mombasa, Kenya

Posted in Press Release

East African Community Headquarters, Arusha, Tanzania, 11^th June 2018:

A four-day High Level Retreat themed Reflections on Experiences, Best Practices and Lessons Learned in Mediation, Negotiation and Dialogue Processes organized by the East African Community Secretariat kicks off from 12^th to 15^th June 2018, in Mombasa, Kenya.

The Retreat is part of EAC’s initiative to encourage a culture of reflective practice in mediation, negotiation and dialogue for resolving conflicts and restoration of sustainable peace and stability in the region.

Commenting ahead of the Retreat, the EAC Deputy Secretary General in charge of Political Federation, Mr. Charles Njoroge said “convening of the Retreat falls in line with the goal of strengthening the capacity of EAC Partner States officials and the Secretariat staff in mediation and preventive diplomacy, and is therefore a key component of the bloc's strategy to advance its peace and security agenda”.

He added that “Through this Retreat, it is envisaged that the EAC will contribute to a corpus of effectively qualified and well-informed Partner States’ and Secretariat officials who demonstrably understand mediation, negotiation and dialogue processes, and learn from past and current lessons to strengthen EAC's interventions.

Participants expected at the capacity building retreat include officials and Experts involved in mediation, negotiation and facilitation processes and researchers within the region, EAC Partner States delegates previously trained in mediation including Eminent Persons; representatives from the Civil Society, Private Sector, Inter-Religious Council, EAC Youth Ambassadors; and Representatives from the UN, AU/RECs and EU involved in mediation, negotiation, dialogue, conflict resolution and peace building initiatives, among others.

Notes to Editors

The East African Community (EAC) seeks to promote sustainable economic growth and socio-economic development through integration, good governance and durable peace and security. Its vision is one of a common feature in a regional community that will ensure economic well-being, improvement of the standards of living and quality of life, freedom and social justice and peace and security for the peoples of East Africa.

Almost two decades since the coming into force of the Treaty for the Establishment of the East African Community (EAC), significant achievements have been made toward the realization of the goal of regional integration and the ultimate objective of political federation. Among others, the Establishment of the Customs Union, the Common Market, the signature of the Protocol for the Establishment of the Monetary Union, the adoption of a Strategy on Regional Peace and Security, the signature of a Protocol on Peace and Security, the adoption of a Counter-terrorism Strategy, the adoption of a Conflict Prevention Management and Resolution and an Early Warning Mechanisms, as well as the efforts leading to the establishment of EAC Political Federation are some of the key achievements.

However, progress in the region towards these objectives continues to be inhibited by persistent peace and security challenges, most of which exhibit a significant transnational dimension. These complex threats include violent and radical extremism, terrorism, identity and resource-based violent conflicts, governance challenges, intra and inter-state disputes, proliferation of rebel groups/ negative forces, trans-national and cross-border crimes, genocidal ideologies, human and drugs trafficking and poaching, among others.

These and many other challenges affecting the EAC region impinge on peace and security which according to Article 124 of the EAC Treaty is “a prerequisite to the achievement of the objectives of the Community”. They also stand in the way to regional social-economic and political progress. To this effect, the Revised EAC Strategy on Regional Peace and Security under Goal 14 “Operationalise the East African Community Conflict Prevention, Management and Resolution Mechanism” calls for the development of capacities to anticipate, mediate, negotiate and mitigate disputes and conflicts.

 -ENDS-

For more information, please contact:

Mr Owora Richard Othieno
Head, Corporate Communications and Public Affairs Department
EAC Secretariat
Arusha, Tanzania
Tel: +255 784 835021
Email: OOthieno [at] eachq.org

About the East African Community Secretariat:

The East African Community (EAC) is a regional intergovernmental organisation of five Partner States, comprising Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania. 

The EAC Secretariat is ISO 9001:2008 Certified

Court allows Amendment of an application for the Basajjabalabas seeking to restrain the Government from summoning them for investigation over a criminal case

Posted in Press Release

East African Court of Justice, Arusha, 6^th June, 2018:  

As the Court resumed its sessions this week, the First Instance Division on Tuesday, 5^th June, 2018 allowed the Applicant, Mr. Hassan Basajjabalaba & Bassajabalaba Muzamiru (Ugandans), to amend their Application seeking Court to stop the government of Uganda from summoning them for investigation over a criminal case. The Applicants represented by their advocates in court made the request under Rule 48(a) of the Court Rules to amend their Application.

The Court on 24^th April, 2018 had declined to grant ex parte orders (Order granted in the absence of the opposing party) saying that the orders issued by the Constitutional Court of Uganda were broad enough to cover the Applicant’s complains before it at the ex-parte stage and that it’s the enforcement of the said orders that the Applicants should pursue in the interim, rather than seek a re-issuing of the same orders by the EACJ without hearing the Respondent. “We say so guardedly and without in any way making a determinate finding on the merits of the Applicants’ case at the inter-partes stage (all parties in the case) hearing the Respondent” said the Court.

On 8^th May 2013, the Applicants had obtained orders in Petition No.12 of 2013 at the Constitutional Court in Uganda, in which the Respondent (Government of Uganda) was prohibited from using the processes of any court, so as to initiate and prosecute the Applicants for any charges arising out of or in connection with the issues forming the subject matter of the criminal case mentioned earlier. The Constitutional Court also ordered that all pending charges and proceedings against the Applicant in the same criminal case No. 3 of 2013 be stayed.

The Application before EACJ was triggered by a letter dated 9^th April 2018, requiring the Applicants to appear before the CID at Kibuli on 24^th April 2018, to provide further information in the matter under investigation and facilitate the ongoing preparations for the hearing of the criminal case against them.

The Applicants were seeking ex-parte restraining orders directed at the Respondent (The Republic of Uganda) and its agencies, specifically the Uganda Police and any other security agency or department of the government of Uganda. The Applicant sought the following Court orders: That the summons issued on 9^th April 2018, requiring the attendance of the Applicant before the Criminal Investigation Department (CID) to be interrogated or questioned in relation to criminal case No. 3 of 2018, in which the Applicants are accused persons, should not be implemented until the hearing of their Reference pending before this Court; other orders sought are in respect of restraining orders to stop the arrest of the Applicant they are being charged in any court and the reconstitution of any bench of the Constitutional Court of Uganda to re-fix for hearing de-novo (hearing the matter afresh) of the petition No. 3 of 2013, pending delivery of judgment by that Court.

The Applicants’ Lawyer said that after this Court (EACJ) issued the ruling on 24^th April 2018, the Constitutional Court also delivered its long pending Judgment in favor of the Respondent (government of Uganda) hence the reason that has led to the amendment of the Application in order to address that Judgment by the Constitutional Court. Counsel for the Respondent did not oppose the application for amendment but requested to be given times to file their response because they had just been served with the amended Notice of Motion.

The Court (First Instance Division) therefore granted the parties a period of one month to file and serve their Affidavits and submissions in the Court Registry by (2^nd July 2018) in order for the matter to be scheduled for hearing in the next session.       

Counsels for the Applicant appearing were Mr Caleb Alaka & Mr Joseph Kyazze for the Applicants and for the Respondent were Ms Patricia Mutesi and Charity Nabaasa and Arinaitwe Goretti. The matter came up for hearing before Honorable Judges Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Fakihi A .Jundu. Dr Faustin Ntezilyayo and Dr Charles Oyo Nyawello.

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.