it is closely tied with the Executive. Its functions were also said to be
incompatible with international standards on media regulation and its
members work closely with Government ministries and annually submit
reports to the Government from whom it also obtains its funds. That all
these shortcomings are in conflict with the Joint Declaration by the UN,
OSCE and OAS on Special Mandates. According to that Declaration,
public authorities that regulate the media should be protected from
political or economic interference.
59. In conclusion on this issue, it was the Applicant’s submission that the
Press Law, for the above reasons, is in breach of Burundi’s obligations
under the Treaty and the declarations and orders sought in the
Reference should be granted as prayed.
Submissions by the Respondent
60. The Respondent, on this issue, gave a short and concise response; that
since the Constitutional Court of Burundi has interrogated the Press law
and found it wanting in a few respects only, then that determination is
binding on the Applicant and this Court cannot overturn that decision in
any respect as decisions of that Court are not subject to appeal. That to
do so would jeopardize the powers conferred on the Constitutional Court
of Burundi and “would bring chaos in that EAC Partner State (Burundi)
which was improving her security after many years of civil wars ….”(sic)
61. Mr. Kayobera also submitted that the Press Law had passed various
stages of scrutiny in Burundi to wit the Cabinet, the National Assembly,
the Senate, the Presidency and finally, the Supreme Court, in
accordance with the principle of separation of powers (and checks and
balances) and this Court cannot now overturn the decisions of these
Constitutional Institutions.
Reference No. 5 of 2013
Page 20