Arusha, 29 November 2013:The First Instance Division has dismissed a case against the Secretary General of the East African Community and three Partner States; the Republics of Burunig, Kenya and Uganda filed by the Democratic Party (DP) of the Republic of Uganda for alleged failure or refusal and delay to make respective declarations to accept the competence of the African Court on Human and Peoples’ Rights (ACHPR). The contentious issues were that, the inaction of the named Partner States was an infringement of the Treaty for establishment of the EAC, particularly Articles 6(d) and 7 (2) among others and hampering access to the African Court on Human and Peoples’ Rights (ACHPR) by litigants from those Countries. The Applicant therefore alleged that the Secretary General’s failure to carry out his supervisory role over all the Partner States of the East African Community is in contravention of the Treaty. The Court in its judgment on the reference stated that neither the facts nor the eventual remedy sought created a cause of action against the Secretary General (1st Respondent) of East African Community. The Court declared that, the Applicant (Democratic Party) made a mountain out of an anthill because whereas the Court sees the difficulty created by Articles 34(6) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights and note the importance attributed to the issue at hand. The Court said that the simple issue of the alleged delay and timeframe to deposit the declarations did not require more than the simple answer that, ‘there is no connection between the issue and the Treaty for establishment of the EAC. The Court further stated that, the reference is misguided on the main issue for determination and that the African Countries who have already deposited the declaration under Article 34(6) did so in their own wisdom and time respectively. Neither the Secretary General (1st Respondent) nor this Court can compel the Republics of Uganda, Kenya and Burundi (the 2nd, 3rd and 5th Respondents respectively) to do so. Finally, the Court ordered each party to bear is own cost as the Applicant pursued a public interest 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 High Courts of the Partner States serve as sub-registries. For more information please contact: Prof. John Ruhangisa, Registrar Email: ruhangisa@eachq.org Ms. Geraldine Umugwaneza, Deputy Registrar Email: umugwaneza@eachq.org Owora Richard Othieno, Head of Department; Corporate Communications and Public Affairs; EAC Secretariat Tel: +255 784 835021; Email: othieno@eachq.org East African Court of Justice Arusha, Tanzania https://www.eacj.org/]]>
