package, for purposes of the EAC integration, as set out in Article 6(d), includes: a) Adherence to the principles of democracy, b) The rule of law, accountability, c) Transparency, d) Social justice, e) Equal opportunities, f) Gender equality, as well as g) The recognition, promotion and protection of human and peoples’ rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights. Apart from asserting that the provisions are aspirations and broad policy provisions for the Community, political character and with a futuristic and progressive application, Counsel did not substantiate. They did not explain how and why these fundamental principles are mere aspirations. They failed to show us why we should depart from the position of this Court succinctly stated in the IMLU Case (supra) that these provisions constitute responsibilities of Partner States to citizens which, through those States’ voluntary entry into the EAC, have crystallized into actionable obligations, breach of which gives rise to infringement of the Treaty.” 75. We reiterate the above holdings and further, in the present Reference, the substantive issue to be addressed is the freedom of the press and freedom of expression in the context of Articles 6(d) and 7(2) as read with the Press Law. In that regard, there is no doubt that freedom of the press and freedom of expression are essential components of democracy. The submissions by the Applicant and the Amici on the correlation between the two have not been controverted at all and the Reference No. 5 of 2013 Page 27

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