ARUSHA – The East African Court of Justice First Instance Division sitting in Arusha Tanzania, has dismissed a case challenging the Republics of Uganda & Rwanda (1st and 2nd Respondents rspectively), over the closure of the border, claiming that it violates Women’s economic rights, under the Treaty for the establishment of the East African Community (EAC), on cross border Trade.
The Case (Reference No. 13 of 2019 Eastern African Sub-regional support Initiative for the advancement of Women (EASSI) and two others against the two Governments.
In this , the Applicants alleged that Rwanda’s action of closing its border with Uganda, contravened and violated Articles, 5, 6 (b) and (d) and7, 8 (1) (c) among others of the East African Community (EAC) Treaty and the Protocol on Common Market.
They also pointed out that the action also violates the economic rights of women in cross border trade and stated that both governments of Uganda and Rwanda, have an obligation to uphold the fundamental principles of the EAC as enshrined in Article 6 (d) and 7 (2).
The trial Court in its Judgment ruled that, the case was filed out of time beyond the two months’ time limitation, contrary to Article 30 (2) of the Treaty.
Court considered two facts, first; that the decision or act of closing the border between Uganda and Rwanda was made on 28th February 2019, second; that the applicants filed this Reference in Court on 21st June 2019, which was beyond the two- months period provided for under the Treaty.
Therefore, having been determined so, the Court had no jurisdiction to deal with the matter, hence dismissed and ordered each party to bear its own costs.
Further, the Court did not consider it necessary to deal with other issues framed for determination, since it lacked the jurisdiction.
The three Applicants who filed the Case are; Eastern Africa Sub-Regional support initiative for advancement of women (EASSI), Southern and Eastern Africa Trade Information and Negotiations Institute (SEATINI) and Centre for Food and Adequate Living Rights (CEFROHT) Ltd.
Present in Court to receive the judgment, were the lawyers for the Respondents, that is Counsel Sam Tusubila, for Attorney General of Uganda and Counsel Nicholas Ntarugera, for Attorney General of Rwanda.
Background
On 28th February 2023, Rwanda closed its border with Uganda accusing the Pearl of Africa of harassing its citizens
This move greatly affected businessmen in both countries who ended up registering huge losses.
However after a period of three years coupled with several engagements between officials from both countries, in January 2022 the border was later opened and business resumed back to normal.
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