East African Court of Justice, 12th April 2022: The President of the Court Hon. Justice Nestor Kayobera signs a memorandum of Understanding with the United Nations Educational, Scientific and Cultural Organization (UNESCO) to collaborate in various programs on promoting freedom of expression, access to information and rule of law within the East African Community.
His Lordship acknowledged the importance of the MoU and said that the East African Court of Justice (EACJ) is a Judicial Organ of the East African Community (EAC) established under Article 9 of the EAC Treaty with the mandate to ensure adherence to law in the interpretation and application of and compliance with the Treaty under Article 23.
Justice Kayobera highlighted Article 6 (d) of the EAC Treaty which provides the fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shall include; good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunity, gender equality, as well as the recognition, promotion and protection of human and peoples’ rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights.
He further pointed out Article 7 of the EAC Treaty on operational principles of the Community which provides that; The principles that shall govern the practical achievement of the objectives of the community shall include;
- people-centered and market-driven co-operation;
- the provision by the Partner States of an adequate and appropriate enabling environment, such as conducive policies and basic infrastructure;
His Lordship the President of the Court, expressed that more importantly to the MoU underlines Article 7(2) of EAC Treaty which provides that; The Partner States undertake to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights.
Justice Kayobera indicated that the main purpose of the Agreement, it focuses on freedom of expression, public access to information, safety of journalists, reinforcing the rule of law and promotion and protection of human rights. He added that the Court through this cooperation will be able to conduct capacity building trainings for its Judges and the Judges of the EAC Partner States, the Government and Private Lawyers in various fields related on the content of Articles 6 (d) and 7(2) of the Treaty.
His Lordship also said that, through this 5 years program, the Court will be able to regularly engage with its stakeholders to promote the jurisprudence of the Court and continue to contribute to the implementation of the EAC Integration agenda. Justice Kayobera further on the jurisprudence of the Court, specified the famous Burundi Journalists Union case filed to Court by the East Africa Law Society vs the Attorney General of the Republic of Burundi (Reference No. 7 of 2013), this Court has shown that the rights of journalists must be protected. “This Agreement is therefore timely, when the Community is growing with the admission of the Democratic Republic of Congo (DRC) as the 7th EAC Member State and it is the role of the Court to sensitize the people of DRC on its contribution in the integration process which is very significant.
The President of the Court mentioned on the area of human rights protection and freedom of expression support “It is important to underline that more than 90% of cases filed in the EACJ are based on the violation of Articles 6(d) and 7(2) of the EAC Treaty. Though some Government Lawyers have continuously argued that the Court does not have jurisdiction on human rights, it is now a settled jurisprudence that the Court has jurisdiction on the interpretation and application of and compliance with any provisions of the EAC Treaty, including those relating on human rights, freedom of expression being one of them.
In his conclusion His Lordship stated, “I decided that during my 7 years tenure in the East African Court of Justice, I shall be guided by three principles: Teamwork, Good faith and Judicial Diplomacy. In order to fulfil my guiding principles, especially Judicial Diplomacy, the role and place of media is indispensable. EACJ is an International Court and since the EAC inception on 30th November 1999, opted to be a people centered and a market-driven Community as provided for under Article 7 of the Treaty, the role and contribution of journalists is more than necessary and the Court, with its role as the judicial organ of the Community remains key.” said Justice Kayobera
Judge President finally said “It is my hope that the agreement with be implemented with both parties in good faith and that the role of the Court in the implementation agenda will be well underscored by its stakeholders. Considering the importance of the Agreement to the Court in particular and to the East Africans in general, “I wish to thank and commend UNESCO for accepting to work with the EACJ for the benefit of the people of East African Community.” said Justice Kayobera
Representing UNESCO in signing the MoU is Dr Tawfik Jelassi Assistant Director General for communication and Information on his part said that Freedom of expression, access to public Information, and the safety of journalists are essential to ensure the rule of law and sustainable development for all. He further added that the signing of this Memorandum of Understanding formalizes the cooperation between UNESCO and the East African Court of Justice to raise awareness of judges and judicial actors in the East African region and will enhance the exercise of the right to freedom of expression more broadly. “With the signature of this agreement, UNESCO has now established institutional partnerships with all regional and sub regional courts in Africa, namely the African Court on Human and Peoples’ Rights, ECOWAS Court of Justice and now East African Court of Justice, to actively reinforce regional frameworks on human rights and to ensure freedom of expression, press freedom, and end to impunity for crimes committed against journalists in the region.” said Dr Jelassi