Press Release

Court hears Case against EAC Secretary-General on expulsion of Rwandan Citizens from Kagera region in Tanzania

The First Instance Division on 3 November 2015 heard a matter against the Secretary-General of the East African Community for the alleged failure to take action in implementation of the EAC Council of Ministers’ directive to the two Partner States - United Republic of Tanzania and the Republic of Rwanda - to resolve the issue of the Rwandan citizens who were expelled from Tanzania in Kagera region in 2013.

The Applicant (East African Law Society) represented by Prof. Fredrick Sempebwa submitted that the Secretary-General’s failure to comply with the Council’s decision was a breach of the Treaty for the Establishment of the East African Community. He further added that since the directive of the Council, the Secretary-General has done nothing to implement the decision which is a fundamental issue of the Treaty particularly Article 71 which provides the functions of the Secretariat.

Prof. Sempebwa again contended that the citizens who were expelled from Tanzania are citizens of a Partner State of the East African Community and therefore, infringes the Treaty because they are entitled to the right of residence and the right of establishment as well as other rights within the Treaty and the Common Market Protocol of the Community. He again said that it was the duty of the Secretary-General to carry out investigations and find out the truth of breach of the Treaty. He also sought remedies if the Court rules in favour of the Applicant.

Dr Anthony Kafumbe, Counsel to the Community, representing the Respondent submitted that, the matter is time barred because it occurred in August 2013, up to the time the case was filed to Court on 8th September 2015 which was beyond the two months time limit to file the case and it should have been filed within the provisions of Article 30(2) of the Treaty. He further stated that if the Secretary-General had failed to take action as alleged still the matter could have been filed to court within the time limit.

He also urged that the decision being contested about is a decision directed to the Partner States, that is the United Republic of Tanzania and the Republic of Rwanda but not directed to the Secretary-General. He again added that in Article 16 of the Treaty, Partner States have an obligation to implement directives of the Council, that so it does not require the Secretary-General once the directive is issued.

Dr Kafumbe said that the Secretary-General had convened meetings in September 2013 and January 2015 for the two Partner States but he is not updated on the progress between the two Partner States. He also emphasised that the matter is still before the Council of Ministers expecting to be deliberated on in the Council of Ministers meeting expected to sit late November 2015.

He therefore said that the Secretary-General as a correspondence has played his role as he was supposed to and he is not the right party to be brought before the Court while there is provision of Article 16, which gives mandate to the Partner States to implement the directives of the Council.

The matter came before a bench of the Judges of the First Instance Division composed of Honourable Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Justice Dr Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye in open Court.

The Court will deliver its judgment on notice.

One Health approach Simulation Workshop at Namanga border prepares Citizens to tackle Ebola and other Communicable Disease outbreaks

In order to enhance the level of preparedness of both the Republic of Kenya and the United Republic of Tanzania in response to the possible emerging and re-emerging epidemic and pandemic threats of the Ebola Virus Disease and other communicable diseases, the East African Community Secretariat convened a regional (One Health approach) Table Top and Field Simulation Exercise at the Namanga border which concluded on Friday, 23rd October 2015.

The three-day workshop, which ran from 21st-23rd October 2015, brought together representatives from the EAC Partner States, National Ministries responsible for human health and animal health, the Ministry of EAC Affairs and representatives from border security agencies, immigration and customs officers. Representatives from the East Central and Southern Africa Health Community, Emergency Centre for Transboundary Animal Diseases of the United Nations Food and Agricultural Organisation (EACTAD-UNFAO), U.S. Agency for International Development and the EAC Secretariat were also present.

“There is high possibility for infectious diseases to spread out to many countries across the world if they are not properly controlled”, said Mr. Timothy Wesonga, EAC Senior Livestock and Fisheries Officer. “If an outbreak does happen in any of the East African Partner States, then it can also affect the rest of region and indeed the world. We have seen this in the case of the Ebola outbreak in West Africa which had reached as far as America, Spain, and to other parts of the world”, he said.

The participants also visited the Longido District headquarters, Longido District Hospital and Kajiado County Hospital. The main objective of the field visits was to conduct a situational analysis and to sensitise local authorities in both Longido District in Tanzania and Kajiado County in Kenya on the planned simulation exercises.

The 9th Ordinary Meeting of the EAC Sectoral Council of Ministers of Health which was held in Zanzibar, Tanzania from 14th to 17th April 2014 approved the institutionalisation of the One Health approach in order to prevent and control zoonotic diseases and other events of Public Health concern. All Partner States of the EAC are a hotspot where those drivers are found. Rift Valley Fever, Yellow Fever, Anthrax, Ebola and Marbug outbreaks are a few examples of re-emerging infectious diseases, which have struck a few Partner States of the EAC in the last decade causing public health threats and seriously damaging the economy.

Two field simulation exercises have already been conducted at the Kenya-Uganda border at Busia and the Tanzania-Burundi-Rwanda at Kagera river basin ecosystem (Muyinga) in April 2010 and August 2012 respectively.

Global Parliamentarians sustain call for Fairer Migration and Digital Freedom as IPU concludes in Geneva

The curtains have closed on the 133rd Inter-Parliamentary Union General Assembly and related Meetings in Geneva, Switzerland.

Adopting a resolution on democracy in the digital era at the 133rd Assembly of the Inter-Parliamentary Union (IPU), the MPs have set new standards on protecting democracy and digital freedoms in an age of mass surveillance.

The resolution urges Parliaments to review national laws to prohibit the interception, collection, analysis and storage of personal data without informed consent of concerned individuals or valid court order.

Legislators further reiterated the need for fairer and more humane migration. The resolution outlined a set of measures that MPs could take to protect migrants and maximise the full potential of the world’s oldest human phenomenon.

They further committed to working towards the ratification of various international conventions that protect migrants’ and refugee rights. The President of the IPU, Hon. Saber Chowdhury said that IPU had embraced an open door policy and was keen to continue collaboration with the national assemblies, regional and international bodies.

EALA was represented by the Speaker, Rt Hon. Daniel F. Kidega and Hon. Straton Ndikuryayo. In his remarks, Rt Hon. Kidega underscored the importance of focus on part of legislators towards ensuring countries undertake more humane migration.

He said the refugees’ problem would probably be a thing of the past in the EAC region once it attains the Political Federation. He however lamented that the refugees’ problem had continued to affect the region owing to instabilities in Somalia, South Sudan and Democratic Republic of Congo, and that it was larger than anticipated a few years ago.

The matter, he remarked, was more complicated given the entry of the Common Market Protocol which anticipates free movement of the citizens. The General Assembly was attended by over 90 Speakers and 600 Members of Parliament from 130 Parliaments globally.

Parliament of Uganda was represented by a delegation led by Speaker, Rt Hon. Rebecca Kadaga while the President of the Senate of Burundi, Rt Hon. Révérien Ndikuriyo led his team. Rt Hon. Ekwee Ethuro and a number of legislators from both Houses represented Kenya while the Deputy Speaker of Rwanda Senate, Hon. Jeanne D’Arc Gakuba led the team from Parliament of Rwanda.

Parliament of Tanzania which was dissolved at the end of the term in July 2015 sent a Senior Parliamentary staff, Owen Mwandumbya. 133rd Assembly approved the re-admission of Fiji into the IPU in a move welcomed by the Organisation as a significant step forward in ongoing efforts to cement democracy in the country and in IPU’s engagement with parliaments from Pacific Ocean Island nations.

The re-admission at Fiji increases the Organisation’s membership to 167 national parliaments. Fiji had first joined IPU in 1997 but was expelled from the IPU following a military coup in 2007.

The 133rd Assembly further convened several IPU bodies including the Meeting of Women Parliamentarians, IPU’s Forum of Young Parliamentarians, the Committee on Middle East Questions as well as the Committee on the Human Rights of Parliamentarians.

The next (134th) IPU General Assembly shall be held in Lusaka, Zambia in March 2016.

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