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FI Uganda v Muhochi

EACJ Decision

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جدول المحتويات

Introduction1
Background2
The Applicant’s Case3
Respondent’s case6
Scheduling Conference 8
Consideration and Determination of the Issues9
Whether the Reference is Properly Before the Court?9
Whether the Treaty and the Common Market Protocol Take Away the Sovereignty of Uganda to Deny Entry to Unwanted Persons who are Citizens of Partner States of the EAC?20
Whether the Applicant was Detained at Entebbe International Airport and Whether Actions of the Republic of Uganda Were in Conformity With Articles 6 (d) and 7(2) of the Treaty?30
Denial of Entry34
Alleged Discrimination37
Declaration of Prohibited Immigrant39
Alleged Detention46
Return to Kenya48
Whether the Actions of the Respondent were in Conformity with Article 104 of the EAC Treaty and Article 7 (6) of the Common Market Protocol48
Costs 55
Whether the Applicant is Entitled to the Prayers Sought?55
Conclusion 56

FI Uganda v Muhochi

EACJ Decision

Preview

Type of Document

Judgement

Country

State Agent

Keywords

Discrimination
Freedom of Movement
الاعتقال والاحتجاز التعسفي

Outcome: Decided on Merits

Year Decided: 17 مايو 2013

Rights Violated

Non Indicated

Duration of Procedure: 13 يونيو 2011 ~ 17 مايو 2013

المستندات الأولية

05_11 Samuel Mukira Mohochi v Attorney General of Uganda.pdf
English
تحميل عرض

Common Market Protocol (1)

112.Inaccordancewithparagraph1,eachPartnerStateshallensurenon‐discriminationofthecitizensoftheotherPartnerStatesbasedontheirnationalitiesbyensuring:(a)theentryofcitizensoftheotherPartnerStatesintotheterritoryofthePartnerStatewithoutavisa;(b)freemovementofpersonswhoarecitizensoftheotherPartnerStateswithintheterritoryofthePartnerState;(c)thatthecitizensoftheotherPartnerStatesareallowedtostayintheterritoryofthePartnerState;and(d)thatthecitizensoftheotherPartnerStatesareallowedtoexittheterritoryofthePartnerStatewithoutrestrictions.3.ThePartnerStatesshall,inaccordancewiththeirnationallaws,guaranteetheprotectionofthecitizensoftheotherPartnerStateswhileintheirterritories.4.Thefreemovementofpersonsshallnotexemptfromprosecutionorextradition,anationalofaPartnerStatewhocommitsacrimeinanotherPartnerState.5.ThefreemovementofpersonsshallbesubjecttolimitationsimposedbythehostPartnerStateongroundsofpublicpolicy,publicsecurityorpublichealth.6.APartnerStateimposingalimitationunderparagraph5,shallnotifytheotherPartnerStatesaccordingly.7.ThePartnerStatesshalleffectreciprocalopeningofborderpostsandkeepthepostsopenedandmannedfortwentyfourhours.8.ThemovementofrefugeeswithintheCommunityshallbegovernedbytherelevantinternationalconventions. 129.TheimplementationofthisArticleshallbeinaccordancewiththeEastAfricanCommunityCommonMarket(FreeMovementofPersons)Regulations,specifiedinAnnexItothisProtocol.

EACJ Softlaw

Common Market Protocol (1)

EACJ Softlaw

EACJ Treaty

ARTICLE 7Operational Principles of the Community1.The principles that shall govern the practical achievement of the objectives of the Community shall include:(a)people-centeredand market-driven co-operation; 14(b)the provision by the Partner States of an adequate and appropriate enabling environment, such as conducive policies and basic infrastructure;(c)the establishment of an export oriented economy for the Partner States in which there shall be free movement of goods, persons, labour, services, capital, information and technology;(d)the principle of subsidiarity with emphasis on multi-level participation and the involvement of a wide range of stake-holders in the process of integration;(e)the principle of variable geometry which allows for progression in co-operation among groups within the Community for wider integration schemes in various fields and at different speeds;(f)the equitable distribution of benefits accruing or to be derived from the operations of the Community and measures to address economic imbalances that may arise from such operations;(g)the principle of complementarity; and(h)the principle of asymmetry.2.The Partner States undertake to abide by the principles of good governance, includingadherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights

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Fundamental Principles of the CommunityThe fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shallinclude:(a)mutual trust, political will and sovereign equality;(b)peaceful co-existence and good neighbourliness;(c)peaceful settlement of disputes;(d)good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, 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;

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ARTICLE 6Fundamental Principles of the CommunityThe fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shallinclude:(a)mutual trust, political will and sovereign equality;(b)peaceful co-existence and good neighbourliness;(c)peaceful settlement of disputes;(d)good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, 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;(e)equitable distribution of benefits; and(f)co-operation for mutual benefit.ARTICLE 7Operational Principles of the Community1.The principles that shall govern the practical achievement of the objectives of the Community shall include:(a)people-centeredand market-driven co-operation; 14(b)the provision by the Partner States of an adequate and appropriate enabling environment, such as conducive policies and basic infrastructure;(c)the establishment of an export oriented economy for the Partner States in which there shall be free movement of goods, persons, labour, services, capital, information and technology;(d)the principle of subsidiarity with emphasis on multi-level participation and the involvement of a wide range of stake-holders in the process of integration;(e)the principle of variable geometry which allows for progression in co-operation among groups within the Community for wider integration schemes in various fields and at different speeds;(f)the equitable distribution of benefits accruing or to be derived from the operations of the Community and measures to address economic imbalances that may arise from such operations;(g)the principle of complementarity; and(h)the principle of asymmetry.2.The Partner States undertake to abide by the principles of good governance, includingadherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human

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ARTICLE 104Scope of Co-operation1.The Partner States agree to adopt measures to achieve the free movement of persons, labour and services and to ensure the enjoyment of the right of establishment and residence of their citizens within the Community.2.For purposes of paragraph 1 of this Article, the Partner States agree to conclude a Protocol on the Free Movement of Persons, Labour, Services and Right of Establishment and Residence at a time to be determined by the Council.3.The Partner States shall as may be determined by the Council:(a)ease border crossing by citizens of the Partner States;(b)maintain common standard travel documents for their citizens;(c)effect reciprocal opening of border posts and keep the posts opened and manned fortwenty four hours;(d)maintain common employment policies;(e)harmonise their labour policies, programmes and legislation including those onoccupational health and safety;(f)establish a regional centre for productivity and employment promotion and exchange information on the availability of employment; (g)make their training facilities available to persons from other Partner States; and(h)enhance the activities of the employers’ and workers’ organisations with a view to strengthening them.4.The Partner States undertake to co-operate in the enhancement of the social partnership between the governments, employers and employees so as to increase the productivity of labour through efficient production.

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ARTICLE 27Jurisdiction of the Court1.The Court shall initially have jurisdiction over the interpretation and application of this Treaty:Provided that the Court’s jurisdiction to interpret under this paragraph shall not include the application of any such interpretation to jurisdiction conferred by the Treaty on organs of Partner States. 302.The Court shall have such other original, appellate, human rights and other jurisdictionas will be determined by the Council at a suitable subsequent date. To this end, the Partner States shall conclude a protocol to operationalise the extended jurisdiction.

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ARTICLE 38Acceptance of Judgments of the Court1.Any dispute concerning the interpretation or application of this Treaty or any of the matters referred to the Court pursuant to this Chapter shall not be subjected to any method of settlement other than those provided for in this Treaty.2.Where a dispute has been referred to the Council or the Court, the Partner States shall refrain from any action which might be detrimental to the resolution of the dispute or might aggravate the dispute.3.A Partner State or the Council shall take, without delay, the measures required to implement a judgment of the Court.

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ARTICLE 30Reference by Legal andNatural Persons1.Subject to theprovisions of Article 27 of this Treaty,any person who is resident in a Partner State may refer for determination by the Court, the legality of any Act,regulation, directive, decision or action of a Partner State or aninstitution of the Community on the grounds that such Act, regulation, directive, decision or action is unlawful or isan infringement of the provisions of this Treaty.2.The proceedings provided for in this Article shall be instituted within two monthsof the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be;3.The Court shall have no jurisdiction under this Article where an Act, regulation, directive, decision or action has been reserved under this Treaty to an institution of a Partner State.

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1. The East African Court of Justice Rules of Procedure 2013

24. (1) A reference by a Partner State, the Secretary GeneralReferencesor any person under Articles 28, 29, 30 respectively of the Treatyshall be instituted by lodging in the Court a statement of reference.(2) A statement of reference under sub-rule (1) shallstate—(a)the name, designation, address and where applicable residence of the applicant; (b)the name, designation, address and where applicable residence of the respondent; (c)the subject-of the reference and a summary of the points of law on which the application is based; (d)where appropriate, the nature of any evidence offered in support; (e)the relief sought by the applicant. (3)Where the reference seeks the annulment of an Act, regulation, directive, decision or action, the statement of reference shall be accompanied by documentary evidence of the same. (4)Where the reference is made by a body corporate the statement of reference shall be accompanied by documentary evidence of the existence in law of that body corporate. (5)The Applicant shall serve on every respondent named in the reference and where applicable on the Secretary General a notification of the reference and a copy of the statement of reference.

Rules of Procedure

1. The East African Court of Justice Rules of Procedure 2013

1.(1) These Rules may be cited as “The East African Court of Justice Rules of Procedure 2013” and shall come into force on such date as the President may appoint by notice in the Gazette. (2)Nothing in these Rules shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

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Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

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Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

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Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

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Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

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Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups

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Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

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Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association. Article 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others. Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups

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Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

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Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained. Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

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Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

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RTICLE 6Fundamental Principles of the CommunityThe fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shallinclude:(a)mutual trust, political will and sovereign equality;(b)peaceful co-existence and good neighbourliness;(c)peaceful settlement of disputes;(d)good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, 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;

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Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law. Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association.

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Article 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others. Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups

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ARTICLE 3Membership of the Community1.The members of the Community, in this Treaty referred to as "the Partner States", shall be the Republic of Uganda, the Republic of Kenya and the United Republic of Tanzania and any other country granted membership to the Communityunder this Article.2.The Partner States may, upon such terms and in such manner as they may determine, together negotiate with any foreign country the granting of membership to, or association of that country with, the Community or its participation in any of the activities of the Community.3.Subject to paragraph 4 of this Article, the matters to be taken into account by the Partner States in considering the application by a foreign country to become a member of, be associated with, or participate in any of the activities of the Community, shall include that foreign country’s:(a)acceptance of the Community as set out in this Treaty;(b)adherence to universally acceptable principles of good governance, democracy, the rule of law, observance of human rights and social justice;

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Plaxeda Rugumba 2010 8 judgment 2011

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ARTICLE 5Objectives of the Community1.The objectives of the Community shall be to develop policies and programmes aimed at widening and deepening co-operation among the Partner States in political, economic, social and cultural fields, research and technology, defence, security and legal and judicial affairs, for their mutual benefit.2.In pursuance of the provisions of paragraph 1 of this Article, the Partner States undertake to establish among themselves and in accordance with the provisions of this Treaty, a Customs Union, a Common Market, subsequently a Monetary Union and ultimately a Political Federationin order to strengthen and regulate the industrial, commercial, infrastructural, cultural, social, political and other relations of the Partner States to the end that there shall be accelerated, harmonious and balanced development and sustained expansion of economic activities, the benefit of which shall be equitably shared.3.For purposes set out in paragraph 1 of this Article and as subsequently provided in particular provisions of this Treaty, the Community shall ensure:(a)the attainment of sustainable growth and development of the Partner States by the promotion of a more balanced and harmonious development of the Partner States;(b)the strengthening and consolidation of co-operation in agreed fields that would lead to equitable economic development within the Partner States and which would in turn, raise the standard of living and improve the quality of life of their populations;(c)the promotion of sustainable utilisation of the natural resources of the Partner States and the taking of measures that would effectively protect the natural environment of the Partner States;(d)the strengthening and consolidation of the long standing political,economic, social, cultural and traditional ties and associations between the peoples of the Partner States so as to promote a people-centeredmutual development of these ties and associations;(e)the mainstreaming of gender in all its endeavours and the enhancement of the role of women in cultural, social, political, economic and technological development; 13(f)the promotion of peace, security, and stability within, and good neighbourliness among, the Partner States; (g)the enhancement and strengthening of partnerships with the private sector and civil society in order to achieve sustainable socio-economic and political development; and(h)the undertaking of such other activities calculated to further the objectives of the Community, as the Partner States may from time to time decide to undertake in common

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RTICLE 104Scope of Co-operation1.The Partner States agree to adopt measures to achieve the free movement of persons, labour and services and to ensure the enjoyment of the right of establishment and residence of their citizens within the Community.2.For purposes of paragraph 1 of this Article, the Partner States agree to conclude a Protocol on the Free Movement of Persons, Labour, Services and Right of Establishment and Residence at a time to be determined by the Council.3.The Partner States shall as may be determined by the Council:(a)ease border crossing by citizens of the Partner States;(b)maintain common standard travel documents for their citizens;(c)effect reciprocal opening of border posts and keep the posts opened and manned fortwenty four hours;(d)maintain common employment policies;(e)harmonise their labour policies, programmes and legislation including those onoccupational health and safety;(f)establish a regional centre for productivity and employment promotion and exchange information on the availability of employment; (g)make their training facilities available to persons from other Partner States; and(h)enhance the activities of the employers’ and workers’ organisations with a view to strengthening them.4.The Partner States undertake to co-operate in the enhancement of the social partnership between the governments, employers and employees so as to increase the productivity of labour through efficient production.

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Plaxeda Rugumba 2010 8 judgment 2011

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ARTICLE 8General Undertaking as to Implementation1.The Partner States shall:(a)plan and direct their policies and resources with a view to creating conditions favourable for the development and achievement of the objectives of the Community and the implementation of the provisions of this Treaty; (b)co-ordinate, through the institutions of the Community, theireconomic and other policies to the extent necessary to achieve the objectives of the Community; and 15(c)abstain from any measures likely to jeopardise the achievement of those objectives or the implementation of the provisions of this Treaty.2.Each Partner State shall, within twelve months from the date of signing this Treaty,secure the enactment and the effective implementation of such legislation as is necessary to give effect to this Treaty, and in particular -(a)to confer upon the Community the legal capacity and personality required for the performance of its functions; and(b)to confer upon the legislation, regulations and directives of the Community and its institutions as provided for in this Treaty, the force of law within its territory.3.Each Partner State shall -(a)designate a Ministry with which the Secretary General may communicate in connection with any matter arising out of the implementation or the application of this Treaty, and shall notify the Secretary General of that designation;(b)transmit to the Secretary General copies of all relevant existing and proposed legislation and its official gazettes; and (c)where it is required under this Treaty, to supply to or exchange with another Partner State any information, send copies of such information to the Secretary Genera

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ARTICLE 151Annexes and Protocols to the Treaty1.The Partner States shall conclude such Protocols as may be necessary in each area of co-operation which shall spell out the objectives and scope of, and institutional mechanisms for co-operation and integration.2.Each Protocol shall be approved by the Summit on the recommendation of the Council.3.Each Protocol shall be subject to signature and ratification by the parties hereto.4.The Annexes and Protocols to this Treaty shall form an integral part of this Treaty

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EACJ Softlaw

Common Market Protocol (1)

ARTICLE 54 Settlement of Disputes 1.AnydisputebetweenthePartnerStatesarisingfromtheinterpretationorapplicationofthisProtocolshallbesettledinaccordancewiththeprovisionsoftheTreaty.2.InaccordancewiththeirConstitutions,nationallawsandadministrativeproceduresandwiththeprovisionsofthisProtocol,PartnerStatesguaranteethat:(a)anypersonwhoserightsandlibertiesasrecognisedbythisProtocolhavebeeninfringedupon,shallhavetherighttoredress,evenwherethisinfringementhasbeencommittedbypersonsactingintheirofficialcapacities;and(b)thecompetentjudicial,administrativeorlegislativeauthorityoranyothercompetentauthority,shallruleontherightsofthepersonwhoisseekingredress.

EACJ Softlaw

Common Market Protocol (1)

EACJ Softlaw

Common Market Protocol (1)

EACJ Softlaw

Common Market Protocol (1)

EACJ Softlaw

EACJ Treaty

Treaty

EACJ Treaty

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EACJ Treaty

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Common Market Protocol (1)

EACJ Softlaw

EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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Common Market Protocol (1)

EACJ Softlaw

EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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Common Market Protocol (1)

EACJ Softlaw

EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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Common Market Protocol (1)

EACJ Softlaw

EACJ Treaty

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EACJ Treaty

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Common Market Protocol (1)

EACJ Softlaw

Common Market Protocol (1)

EACJ Softlaw

EACJ Treaty

Treaty

Common Market Protocol (1)

EACJ Softlaw

EACJ Treaty

Treaty

Common Market Protocol (1)

EACJ Softlaw

Common Market Protocol (1)

EACJ Softlaw

EACJ Treaty

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Common Market Protocol (1)

EACJ Softlaw

Common Market Protocol (1)

EACJ Softlaw

EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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Common Market Protocol (1)

EACJ Softlaw

EACJ Treaty

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EACJ Treaty

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Common Market Protocol (1)

EACJ Softlaw

Treaties and softlaw only256
- Treaty200
- Rules of Procedure2
- EACJ Softlaw54
لا تسمية5
- EACJ Decision5
Cases Referenced2
- EACJ Decision2

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اختر نوع العلاقة

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

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إضافة كيانات (أو إدخالات)/ مستندات

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