By Mwanje Gideon
The strength of the East African Community (EAC) lies in its shared identity, the firm idea that we are one people, bound by a common destiny. However, Uganda’s protection of the sovereignty bill is a legislative rubber bullet threatening to dismantle twenty-five years of integration.
The proposed Bill, in its current form, does more than just regulate influence; it fundamentally reclassifies our neighbors as “foreigners” and indirectly as “threats” effectively declaring the EAC Treaty a secondary concern to national isolationism. The Bill’s Clause 1 doesn’t put an exception to EAC citizens which undermines regional integration by labeling a partner state as a Foreign country.
This is a direct legal affront to the Treaty for the Establishment of the East African Community (1999).
Under Article 1 of the Treaty, a “foreign country” is explicitly defined as any country other than a Partner State. By ignoring this distinction, the Bill ipso facto infringes upon the constitutional foundation of our regional bloc. Instead of clarifying a foreigner as a person other than a citizen of a partner state, it omits this aspect entirely!
This is not just a moot; it is settled law. In the landmark case of British American Tobacco (BAT) Ltd Uganda v. Attorney General of Uganda (Reference No. 5 of 2017), the East African Court of Justice (EACJ) led by Hon. Justice Monica Mugenyi (as then she was) ruled that for the purposes of the Customs Union and Common Market, goods and citizens of Partner States cannot be treated as “foreign.” To do so creates illegal barriers to integration.
She relied on Article 1 of the Treaty for the Establishment of the East African Community (1999) to define what a foreign country meant and held that Kenya wasn’t a foreign country as per Ugandan laws. The court went ahead to order Uganda to align her laws in conformity with the Treaty.
Article 1 of the Treaty for the Establishment of the East African Community (1999) is clear, a Kenyan citizen, Tanzanian citizen or Rwandan citizen or any partner state citizen is not a foreigner to Uganda.
It is important to note that the Bill criminalizes regional integration.
Criminalizing Regional Cooperation
The Bill’s reach extends into the very institutions meant to unite us. Under its broad definitions:
- Article 72 of the Treaty mandates that Partner States respect the international character of Community staff. However, because the Bill defines an “agent of a foreigner” as anyone supervised or financed by a multinational organization, Ugandans working for the EAC Secretariat, East Africa Court of Justice, East Africa Legislative Assembly or the East Africa Law Society could be forced to register as foreign agents.
- Undermining Common Foreign Policy:While Article 123 of the Treaty requires a “common position” in international affairs, Clause 10 of this Bill prohibits promoting any policy not specifically adopted by the Ugandan Cabinet. This criminalizes a Ugandan citizen for advocating for a regional policy sanctioned by the EAC Summit if the national Cabinet has not yet rubber-stamped it.
The Death of Civil Society Autonomy
The Treaty defines civil society as being autonomous from the state (Articles 127 & 129). This Bill destroys that autonomy by:
- Labeling regional funding as “foreign interference.”
- Requiring “due diligence” by the Department of Peace and Security for standard civic activities.
- Prohibiting any action that “interferes with government operations,” a vague term that could be used to silence any organization advocating for regional standards over national lapses.
Way Forward:
We cannot preach integration in Arusha while legislating isolation in Kampala. If Uganda remains committed to the spirit of the East African Community, its laws must reflect that commitment. Let all debates in Parliament about the bill be in a good spirit for the East African Community.
Re-draft the Definition of “Foreigner”: Explicitly exempt citizens and institutions of EAC Partner States. We must align this Bill with our regional obligations and ensure that “Free Movement of capital and people” remains a right, not a crime.
Be that as it may, the choice is clear: we can either lead the way toward a unified Africa or build walls that turn our brothers into strangers. For the sake of the law, the economy, and the next generation of legal practitioners, we must choose integration. May God bless East Africa! The author is the former president of Law Students Association of East Africa and an Advocate of the East Africa integration. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
