Kagame’s Rwanda Should Be Subjected To Article 147 of East African Community Treaty

Capital goods at common border with Uganda locked out of Rwanda by Kagame

By David Himbara

By ordering Rwandans not to travel to Uganda, and by closing the common border with Uganda, General Paul Kagame is currently abusing several Articles of EAC Treaty including Articles 5, 86, and 114. Article 5 on EAC Objectives reads:

”Partner States undertake to establish among themselves and in accordance with the provisions of this Treaty, a Customs Union, a Common Market, subsequently a Monetary Union and ultimately a Political Federation…”

Article 86 Movement of Capital reads:

”The Partner States shall..permit the free movement of capital within the Community…and ensure the unimpeded flow of capital within the Community through the removal of controls on the transfer of capital among the Partner States…[and] encourage cross-border trade…

Article 114 on Free Movement of Persons reads:

“Partner States agree to adopt measures to achieve the free movement of persons, labour and services and to ensure the enjoyment of the right of establishment and residence of their citizens within the Community.”

Clearly, closing the border and blocking goods from Uganda and Kenya as the latter’s good pass through Uganda, and by blocking Rwandans from crossing into Uganda and Kenya by default, Kagame must face Article 147. Article 147 explains the conditions under which a Member should be expelled. Article 147 reads:

”The Summit may expel a Partner State from the Community for gross and persistent violation of the principles and objectives of this Treaty after giving such Partner State twelve months’ written notice.”

It is time to give Kagame a written notice as per Article 114. He grossly and persistently violates the principles and objectives of the EAC Treaty. This is so when you consider that besides the current border crisis, he previously interfered in Burundi affairs to the point that the latter termed Rwanda an enemy state.