The Applicant’s freedom of movement within Uganda was a right guaranteed by the Treaty, specifically Articles 104 and 7 of the Treaty and the Protocol respectively. Article 7(1) of the Protocol provides that; “The Partner States hereby guarantee the free movement of persons who are citizens of other Partner States within their territories”. 80. Those rights could not be interfered with, save as provided by the Treaty. In other words, the provisions of Uganda’s Immigration and Citizenship Control Act (supra), that Counsel told us were applied, could only apply to the Applicant only to the extent that they complied with the Treaty. Alleged Discrimination 81. The Applicant claimed to have been discriminated against. The guarantee of non-discrimination is a clear provision of Article 7(2) of the Protocol. It provides that: 7(2) In accordance with paragraph 1, each Partner State shall ensure non-discrimination of the citizens of the other Partner State based on their nationalities by ensuring: a. the entry of citizens of other Partner States into the territory of the Partner State without a visa. b. the free movement of persons who are citizens of the other Partner State within the territory of the Partner State. c. that the citizens of the other Partner States are allowed to stay in the territory of the Partner State, and REFERENCE NO.5 OF 2011      Page 37 

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