Source: East African Court of Justice
Complaint relating to Tanzania’s expulsion of alleged Rwandan and Burundian immigrants in August-September 2013.
1. This is a Reference filed by the East African Law Society (hereinafter referred to as the “Applicant”), which is the apex regional Bar Association of East Africa registered as a Company Limited by Guarantee in Kenya, Rwanda and Uganda. Its address for service, for the purpose of this Reference is No. 6, Corridor Area, Arusha, P.O Box number 6240 Arusha, in the United Republic of Tanzania.
2. The Reference was filed on 28th April 2014 under Articles 4, 5, 6, 7, 27, 30, 71 and 124 of the Treaty Establishing the East African Community and Rules 1(2) and 24 of the East African Court of Justice’s Rules and Procedure (hereinafter referred to as the “the Treaty” and the “the Rules” respectively).
3. The Respondent is the Secretary General of the East African Community and issued on behalf of the East African Community in his capacity as the Principal Executive Officer of the Community.
75. In light of our findings above, judgment is hereby entered in favor of the Applicant in terms of the following declaration and orders:
(a) A declaration be and is hereby issued that, by failing to submit to the Council of Ministers the report of the fact-finding mission that had been established and had visited areas of the Kagera Region of the United Republic of Tanzania, affected by the alleged irregular expulsions under Article 71(1) (d) & (1) of the Treaty.
(b) An order be and is hereby issued directing the Respondent to submit to the meeting of the Council of Ministers for consideration, the findings and recommendations of the fact-finding mission that had been established and had visited areas of the Kagera Region of the United Republic of Tanzania, affected by the alleged irregular expulsion of immigrants.
(c) Each party shall bare its own costs.
It is so ordered.