Coming up for hearing: on 1st April 2022.
Reference filed: on 4th April 2019.
Articles: 3, 5(2), 6(b) (c) (d), 7(1) (c) (2), 8(1) (c), 74, 76 and 124 of the Treaty for the Establishment of the East African Community and 3, 5, 6, 7(7), 24 and 29 of the East African Community Common Market Protocol.
Rules: 1(2) and 24 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Cross border dispute.
The Applicant alleges that, acts of the Respondent on or about 28th February 2019 of closing its border point, restricting Uganda traders and their goods from entering Rwanda, and or restricting Rwandan citizen from entering Uganda are in contravention of provisions of the Treaty for the Establishment of the East African Community and the Common Market Protocol.
The Applicant therefore seeks inter alia for the following Court orders;
- A declaration that acts of the Respondent in relation to events relating to blocking access to Rwanda are contrary to the Treaty provisions.
- A declaration that acts of the Respondent in denying free movement of Rwanda nationals who are citizens of the East African Community against their wish contravenes the Treaty.
- A declaration that acts of the Respondent undermines peaceful co-existence and good neighbourliness as such contrary to the Treaty.
- A permanent injunction to issue against the Respondent or an order doth issue enforcing the compliance with adherence to the provisions of the Treaty and directing the Government of Rwanda to immediately comply with the Treat by taking measures to stop the impugned acts stated in the Reference.
- A permanent injunction restraining the Respondent from continuing to do acts that are detrimental to the Treaty.
The Respondent argues that, in a bid to expedite the one stop boarder post construction work currently taking place at Gatuna boarder post, aimed at smooth flow of goods and services, all heavy trucks destined and those transiting via Gatuna boarder were temporarily diverted to using Kagitumba/Mirama Hills and Cyanika boarder posts.
Further states, the Respondent never restricted Rwandan citizens from going to Uganda but they only advised them not to travel to Uganda and if so, travel with caution because many of its citizens are being mistreated and detained in Uganda to date without justifiable reasons, and dumped along the Rwanda boarders without any charges before courts of law.
Respondent therefore prays for orders that the Respondent acts as claimed by the Applicant do not violate the provisions of the Treaty and the African Charter. In addition, a declaration be issued that the communication by the Head of State of the Republic of Rwanda during the opening of the CEO forum had no connection with the diversion of heavy trucks to Cyanika and Mirama hills and was not in any way in violation of the Treaty as alleged by the Applicant. The Respondent prays for dismissal of the Reference with costs.
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Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org