KIGALI, Rwanda
Uganda has been dragged to the East African Court of Justice (EAC) by a regional body for blocking Lawyers trained in Rwanda from practicing in the East African country, despite regional protocols that allow nationals of East African Community (EAC) partner states to ply their trade in any of the countries.
The development is the
latest in the disagreement which emanated from a High Court in Uganda earlier
this year ruling that lawyers with a legal practice diploma from Rwanda were
not eligible to enrol for practice in the country due to differing law regimes.
The ruling infuriated
the legal fraternity in Rwanda who said the move was against the spirit of
regional integration which allows free movement of people and labour.
Now the Initiatives for Peace and Human Rights
(iPeace) – a Rwanda-registered Non-Governmental Organization that focuses on
legal matters in the Great Lakes and Eastern African region has sued the
Ugandan government in EACJ, seeking the regional court to force Uganda to
reverse the decision.
“iPeace notified the
Attorney General of Uganda about a case this organization filed yesterday
before the East African Court of Justice against the Attorney General of Uganda
for denying lawyers trained in Rwanda from enrolling and practicing law in
Uganda,”
“This case stems from the decision rendered by
the High Court of Uganda on 13 may 2020 where Andrew Bataamwe was ruled
ineligible for enrolment as an advocate in Uganda because he holds a Post
Graduate Diploma in Legal Practice from Rwanda, considered as a country
practicing civil law system,” a statement from the organisation released
Wednesday reads.
According to Dr. Elvis
Mbembe Binda, the Legal Representative of iPeace, this ruling is based on a
legal provision of the Ugandan Advocates (Amendment) Act, 2002 that is contrary
to the letter and the spirit of the Treaty for the establishment of the East
African Community.
“Through the Treaty and the Common Market
Protocol, EAC Partner States including Uganda committed to mutually recognize
the academic and professional qualifications granted, experience obtained,
requirements met, licenses or certification granted, in other Partner States as
a way to facilitate the free movement of workers from one country to another,”
“In relation to legal
professionals, the Republic of Uganda committed to remove all restrictions in
its laws by 2010. Therefore, any provision in Ugandan laws subjecting legal
practice in Uganda to the obtaining of a degree or diploma from Uganda or from
a ‘Common Law’ country is a violation of the EAC Law”,” Dr. Mbembe Binda said
The organisation said that the Treaty for the
establishment of the EAC promotes the free movement of goods, persons, workers,
services, and capital between the partner states without any kind of
discrimination.
It said that the implementation of this Treaty
and its protocols has been encountering resistance from Partner States since a
while following tensions between some of them.
iPeace said the case is
filed within its public interest litigation framework that the organization
uses to advance human rights and equality, or raise issues of broad public
concern.
“iPeace considers this case as a way to remind
Partner states their treaty obligations and to ensure that EAC laws are
effectively implemented across the Community for the benefit of all East
Africans,”
“Although this case is about the freedom of
establishment of lawyers, the ruling of the East African Court of Justice will
have an incidence on the implementation of the free movement of workers in
general and on the enjoyment of related freedoms and rights enshrined in the
EAC Treaty that many Partner States tend to overlook,” the body said.
Initiatives for Peace
and Human Rights describes itself as a public interest non-profit organization
that strives to enhance the culture of peace through human rights and good
governance education.
The organization’s mission is to equip
communities and individuals with human rights and good governance knowledge and
skills to build a global culture of peace. It is registered in Rwanda, Burundi
and DRC with support offices in Belgium and the Netherlands.
The petition was received by the EACJ Sub-Registry in Kigali on June 29.
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