the Protocol. These included provisions in Uganda’s Citizenship and
Immigration Control Act.
51. The provisions, relevant to the present Reference, that affected the existing
law are:
i) Article 104 of the Treaty by which Uganda agreed to adopt measures to
achieve the free movement of persons.
ii) Article 7 (2) of the Treaty by which Partner States undertake to abide by
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.
iii) Article 7 of the Protocol by which Uganda guaranteed free movement of
persons who are citizens of the other Partner States within her territory
iv) Article 7(2) of the Protocol by which Uganda bound itself to ensure nondiscrimination of the citizens of the other Partner States by ensuring their
entry without a visa, their free movement within its territory, their stay and
their exit without restrictions.
v) Article 7(5) by which, in respect of citizens of Partner States, Uganda can
impose limitations on the free movement of persons only on grounds of
public policy, public security and public health.
vi) Article 7(6) by which Uganda must notify the other Partner States if it
should impose limitations under Article 7(5).
vii) Article 54(2) of the Protocol, by which Partner States guarantee that
persons whose rights and liberties as recognised by the Protocol shall
REFERENCE NO.5 OF 2011
Page 28