observance of, and/or compliance with the Treaty provisions –
including the provisions of any other international instruments
which are incorporated in the Treaty, whether explicitly [as in
Article 6(d)], or implicitly [as in Article 7 (2)].
70. The above reasoning has been reiterated in several decisions of
this Court. In The Attorney General of the Republic of Rwanda
V Plaxeda Rugumba, EACJ Appeal No.1 of 2012 the Court
reaffirmed its jurisdiction to interpret and to apply the provisions of
the Treaty, including its Article 6 (d), 7(2) and 8 (1) (c). It held that
failure by the authorities in Rwanda to charge Lt. Col. Seveline
Rugigana Ngabo with specific offences for 5 months, was
fundamentally inconsistent with Rwanda’s express undertakings
under Articles 6(d), 7(2) and 8(1)(c) of the Treaty to observe the
principles of good governance, including in particular, the principle
of adherence to the rule of law, and the promotion and
protection of human rights. These failures, singly and collectively,
constituted an infringement of the said provisions of the Treaty,
(see also, the case of James Katabazi (supra).
71. Briefly, then, nothing can preclude the East African Court of
Justice from referring to the relevant provisions of the Charter, its
Protocol and the Vienna Convention on the Law of Treaties in
order to interpret the Treaty. In as far as the Articles quoted above
especially Article 6(d) recognize the Charter’s relevance in
promotion and protection of human and peoples’ rights, then
compliance with those provisions of the Charter become, ipso jure,
an obligation imposed upon the Partner States under the Treaty.
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