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Mr. Donald Deya Counsel for the Applicants (Burundi Journalist Association) submitting to Court
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Judges on the bench L-R Hon. Justice Dr. Faustin Ntezilyayo, Hon. Mr. Isaac Lenaola (Deputy Principal Judge) and Hon. Lady Justice Monica Mugenyi
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Members of the Burundi Journalists Association and Members of the Civil Society and EACJ staff in the Court room
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First Counsellor and Head of Burundi Liaison Office Arusha, Mr. Amos Gerson Ndimurwanko (R) with the Representative of the Attorney General of the Republic of Burundi Mr. Nestror Kayobera (L)
East African Court of Justice Arusha, 9 February 2015: The First Instance Division today heard a case filed by Burundi Journalists’ Association against the Government of the Republic of Burundi challenging the press law regulating the press in Burundi. The law was adopted on 3rd April 2013 by the National Parliament of Burundi and passed by the Senate on 19th April 2013 and signed into effect on 4th June 2013 by the President of the Republic of Burundi. The Applicant (Burundi Journalists Association) alleges that the adoption of the Press Law violates the fundamental and operational principles of the Community as protected by Articles 6 (d) and 7 (2) of the Treaty for the Establishment of the East African Community which Burundi is obliged to uphold and respect as a Partner State.
Mr. Donald Deya, Counsel for the Applicant submitted that the Press Law restricts the freedom of the press and that freedom of press is a cornerstone of the Community principles of democracy, rule of Law, accountability, transparency and good governance. He also said that the law violates the press rights to freedom of expression, which in turn is a violation of Burundi’s obligation under Article 6 (d) and 7 (2) of the Treaty to recognise promote and protect human rights and peoples’ rights as well as abide by universally accepted standards of human rights.
Mr. Deya further submitted that this Law infringes the freedom of press in multiple ways of intimidation of journalists and media houses engaged in reporting on matters of public interest.
He also added that the Court (East African Court of Justice) is the sole judicial body that has the jurisdiction to determine a breach of the Partner State’s obligations under the Treaty. The Applicant therefore asked the Court to order the Government of Burundi to amend and strike out Articles in violation of the press law of the Constitution of the Republic of Burundi.
Mr. Nestror Kayobera Counsel for the Respondent (Attorney General of the Republic of Burundi) submitted that the press law passed in Burundi is proper and already in enforcement and that there is no violation of the Treaty as alleged by the Applicant. He further urged that the Constitutional Court in Burundi delivered a judgement in January 2014 nullifying the laws that were unconstitutional and that the parliament of Burundi is in the process of amending them. He contended that among those laws that were challenged in Court the press law was not among them, he therefore asked Court to dismiss the case with costs.
The amicus curiae (friends of the Court) represented by their Lawyer, Mr. Vital Nshirimana submitted that the freedom of the press is not only for the members of the media but also the entire public in a democratic society and that the press law in Burundi contravenes the provisions of the Treaty.
The Court will deliver its Judgement on notice.
Present in Court were members of the Burundi Journalist Association and members of the Civil society groups and NGOs allowed to participate in the matter include; Forum pour Reinforcement de la Societe’ civile (FORSC), the international Press Conference Institute, Maison de la Presse du Burundi, Forum pour la conscience et le Development (FOCODE), PEN Kenya, Pan African Lawyers Union (PALU), PEN international, Reporters sans fronteres and the World Association of Newspapers and News Publishers who are parties in the matter.
About the EACJ
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 EACJ sub-registries are available in the Partner States at the premises of the respective National Courts.
For more information please contact:
Ms. Geraldine Umugwaneza, Ag. Registrar
Email: umugwaneza@eachq.org
Owora Richard Othieno, Head of Department;
Corporate Communications and Public Affairs Department;
EAC Secretariat
Tel: +255 784 835021; Email: othieno@eachq.org
East African Court of Justice
Arusha, Tanzania
https://www.eacj.org/