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Le Forum Pour Le Renforcement De La Societe Civile and Others v Attorney General of the Republic of Burundi and Another (Reference 12 of 2016)

East African Court of Justice · [2019] EACJ 31 · 2019 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Reference brought under the Treaty for the Establishment of the East African Community challenging the banning of civil society organisations by the Government of Burundi
Decision
Reference dismissed — Court found no violation of the EAC Treaty by the banning of the applicant civil society organisations

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that it had jurisdiction to hear the Reference but found no cause of action against the Secretary General, who had complied with his Treaty obligations. The banning of the civil society organisations by the Minister of Home Affairs was found to be lawful under Burundian law (Presidential Decree No. 1/11 Article 30(2)) as a safeguard measure to protect public order. The Court held that the banning did not violate Articles 6(d), 7(2), or 127(3)(4) of the EAC Treaty. The Reference was dismissed with each party bearing its own costs.

Outcome

Reference dismissed — Court found no violation of the EAC Treaty by the banning of the applicant civil society organisations

Facts

Five Burundian civil society organisations were suspended and subsequently banned by Ministerial Orders issued in November 2015 and October 2016 following events connected to insurrections and an abortive coup d'état in Burundi in 2015. The Prosecutor General froze the organisations' bank accounts in the context of prosecutions arising from these events. The organisations were not given an opportunity to make representations before or after the suspension and banning. The applicants communicated with the Secretary General of the East African Community seeking intervention but received no response. The applicants challenged the banning as violating Burundian law, the EAC Treaty, and international human rights instruments.

Issues

  1. Whether the East African Court of Justice has jurisdiction to hear and determine the Reference
  2. Whether there is a cause of action against the Secretary-General of the East African Community
  3. Whether the banning of the Applicants violates Articles 3(3)(b), 6(d), 7(1)(2) and 127(3)(4) of the Treaty
  4. Whether the Applicants are entitled to the remedies sought

Orders

  • Reference dismissed.
  • Each party to bear its own costs.

Rules and key headnotes

Jurisdiction of Regional Courts — Interpretation and Application of Treaty Provisions
The East African Court of Justice has jurisdiction to hear and determine any Reference in which violation of the Treaty for the Establishment of the East African Community is alleged, pursuant to Articles 27(1) and 30(1) of the Treaty.
Cause of Action Against Secretary General — Duty to Investigate Treaty Violations
A cause of action against the Secretary General of the East African Community for failure to discharge duties under Article 29(1) of the Treaty is established only where the Secretary General has failed to investigate and report on a Partner State's breach of Treaty obligations after acquiring knowledge of such breach. Where the Secretary General has complied with reporting obligations and the matter has been escalated to the Summit through proper channels, no cause of action is established.
Ministerial Powers — Safeguard Measures to Protect Public Order
Under Article 30(2) of Burundi's Presidential Decree No. 1/11 of 18 April 1992, the Minister of Home Affairs has competent authority to order safeguard measures, including banning the activities of a civil society organisation, where the organisation's activities endanger public order or involve participation in political affairs. Such measures do not require prior resort to a court and do not violate the principles of good governance under Articles 6(d) and 7(2) of the EAC Treaty where taken in compliance with domestic law.
Treaty Interpretation — Inapplicability of Provisions to Partner States
Article 3(3)(b) of the Treaty for the Establishment of the East African Community, which sets out matters to be considered when a foreign country applies for membership, has no application to disputes concerning the conduct of existing Partner States.
Statutory Interpretation — Competent Jurisdiction
The term 'competent jurisdiction' in Article 30 of Burundi's Presidential Decree No. 1/11 of 18 April 1992 denotes 'authority' in its ordinary meaning and is not restricted to a court. It includes the Minister in charge of interior who is expressly designated as the competent office to order safeguard measures in the event of an infringement of public order by an organisation.

Legislation cited (24)

  • Treaty for the Establishment of the East African Community Article 3(3)(b)
  • Treaty for the Establishment of the East African Community Article 4(3)
  • Treaty for the Establishment of the East African Community Article 6(d)
  • Treaty for the Establishment of the East African Community Article 7(2)
  • Treaty for the Establishment of the East African Community Article 14(3)(i)
  • Treaty for the Establishment of the East African Community Article 16
  • Treaty for the Establishment of the East African Community Article 23
  • Treaty for the Establishment of the East African Community Article 27(1)
  • Treaty for the Establishment of the East African Community Article 29(1)
  • Treaty for the Establishment of the East African Community Article 30
  • Treaty for the Establishment of the East African Community Article 67(3)
  • Treaty for the Establishment of the East African Community Article 71(1)
  • Treaty for the Establishment of the East African Community Article 127(3)
  • Treaty for the Establishment of the East African Community Article 127(4)
  • Presidential Decree No. 1/11 of 18/04/1992 (Burundi) Article 1
  • Presidential Decree No. 1/11 of 18/04/1992 (Burundi) Article 30
  • Presidential Decree No. 1/11 of 18/04/1992 (Burundi) Article 30(2)
  • Presidential Decree No. 1/11 of 18/04/1992 (Burundi) Article 36
  • Presidential Decree No. 1/11 of 18/04/1992 (Burundi) Article 37
  • Presidential Decree No. 1/11 of 18/04/1992 (Burundi) Article 38
  • Constitution of Burundi 2005 Article 32
  • African Charter on Human and Peoples' Rights Article 10
  • International Covenant on Civil and Political Rights Article 22
  • Universal Declaration of Human Rights Article 20(1)

Cases cited (17)

  • East African Civil Society Organisation Forum v Attorney-General of Burundi and 2 Others (Reference No. 2 of 2015)
  • Hilaire Ndayizamba v Attorney General of the Republic of Burundi and Secretary General of the East African Community (Reference No. 3 of 2012)
  • Mohamed Abubakar vs United Republic of Tanzania, Application 007/2013, African Court of Human and People's Rights, Judgement of 3 June 2016
  • Burundi Journalists' Union v Attorney General of Burundi (Reference No. 7 of 2013)
  • Plaxeda Rugumba case
  • Professor Peter Anyang' Nyong'o and 10 Others v Attorney General of Kenya and 3 Others (Reference No. 1 of 2006)
  • James Katabazi's case
  • Sitenda Sebalu v Secretary General of the EAC and Attorney General of Uganda (Reference No. 1 of 2010)
  • East African Law Society v Attorney General of Burundi and Secretary General of the EAC (Reference No. 1 of 2014)
  • Democratic Party v Secretary General of EAC and 4 Others (Reference No. 2 of 2012)
  • Auto Garage v Motokov (1971), EA,514
  • James Katabazi and 21 Others v Secretary General of the East African Community and Another (Reference No. 1 of 2007)
  • East African Civil Society Organisation Forum v Attorney General of Burundi and Others (Appeal No. 4 of 2016)
  • Monim Elqak, Osman Hummeida & Amir Suliman v Sudan, Communication 379/09, African Court on Human and Peoples' Rights (2014)
  • Manariyo Desire v Attorney General of Burundi (Reference No. 8 of 2015)
  • Managing Editor Mseto and Another v Attorney General of Tanzania (Reference No. 7 of 2016)
  • Bénoit Ndorimana v Attorney General of the Republic of Burundi (Reference No. 2 of 2013)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Le Forum Pour Le Renforcement De La Societe Civile and Others v Attorney General of the Republic of Burundi and Another (Reference 12 of 2016) [2019] EACJ 31 (4 December 2019)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.