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