In a recent development, a group of 1,240 individuals who were expelled from Tanzania’s Kagera region as undocumented migrants have filed a petition with the East African Court of Justice. They are seeking a declaration that the actions of the governments of Uganda and Tanzania go against the treaty for the establishment of the East African Community.
Led by their lawyers, including former Deputy Attorney General Mwesigwa Rukutana, the group is also demanding compensation, damages, or restitution from the government of Tanzania. Additionally, they are requesting an immediate order compelling Uganda to protect or compensate them for their losses.
These individuals were expelled from Tanzania following a two-week ultimatum issued by then-President Jakaya Kikwete on July 29, 2013. Kikwete characterized them as undocumented and irregular migrants and urged them to return to their respective countries of origin, stating that they had disregarded Tanzania’s entry and naturalization regulations.
Under the initiative known as ‘Operation Kimbunga,’ Tanzanian authorities, including the police, immigration department, intelligence unit, and local youths, conducted arrests and transported these individuals to transit centers near the Uganda border.
Both the Tanzanian and Ugandan governments initially disagreed on how and where to resettle the deportees. Uganda made a formal appeal to the United Nations to address the matter.
Yofesi Jafferson Karugaba, the leader of the affected individuals, states that they lived in various districts of the Kagera Region for years but were systematically expelled from Tanzania following a Presidential Order. They now find themselves in a state of confusion, as neither country recognizes them as citizens.
According to the petition, these expelled individuals were either citizens of Tanzania by birth, descent, or naturalization. Some had lived in Tanzania for approximately forty years, while others were intermarried with Tanzanians and had been sustained by Tanzanian resources.
The petition highlights that among those expelled were cattle keepers from Uganda who had valid licenses and permits from Tanzanian authorities. However, the expulsion included minors, pregnant women, the elderly, and the disabled, all given only two weeks to leave the country.
After the order, Tanzanian authorities indiscriminately forced these individuals out of the country, with some losing their homes, and others were sold by local leaders. Families were separated, and some lost their lives during these forced expulsions.
Despite attempts by both governments to address the issue, the affected individuals continue to suffer. The government of Uganda is specifically accused of neglecting its constitutional duty to protect the rights to life and property of these individuals.
The lead petitioner, Karugaba, reveals that those expelled are currently in concentration camps in Isingiro district, Kyaka I and II in the Kyegegwa facility, and other locations across the East African region. They live in dire conditions, struggling to access basic necessities and feeling rejected and abandoned by both Uganda and Tanzania.
The petition seeks a declaration that both governments failed to implement the orders compelling them to constitute Joint Verification Committees aimed at settling, compensating, and addressing the rights of the expelled individuals.
As of now, both the governments of Uganda and Tanzania are yet to respond to the petition before the Arusha Tanzania-based court can set a date for the hearing.
