In the East African Legislative

EAST AFRICAN COMMUNITY ______IN THE EAST AFRICAN LEGISLATIVE ASSEMBLY (EALA) The Official Report of the Proceedings of the East African Legislative Assembly 125TH SITTING-FOURTH MEETING – FOURTH SESSION – THIRD ASSEMBLY Thursday, 4 February 2016 The East African Legislative Assembly met at 2.30 p.m. in the Chamber of the Assembly, EAC Headquarters Building in Arusha, Tanzania. PRAYER (The Speaker, Mr. Daniel .F. Kidega, in the Chair.)

(The Assembly was called to order) ______

COMMUNICATION FROM THE CHAIR (by the Chairperson of the Committee on Legal, Rules and Privilege (Mr Peter Mathuki) The Speaker: Honourable Members, (Kenya) : good afternoon. Today we are having special guests in our gallery. I will be The Report of the Committee on Legal, introducing them as we progress. Rules and Privileges on the However, let me take this opportunity to consultations following a Resolution recognise one group; these are the moved under Rule 30 (j) of the petitioners on the humanitarian situation in Assembly Rules of Procedure on a Burundi. The representative of Pan matter of privileges arising from a African Lawyers Union is here; the threat of tenure of office of four representative of the East African Law Members of the East African Society is here; and the representative of Legislative Assembly. East African Civil Societies Organisations is here. You are most welcome. (ii) (Applause)

PAPERS (by the Chairperson of the Committee on Regional Affairs and Conflict resolution (Mr The following Papers were laid on the Table: Abdullah Mwinyi) (Tanzania) : (i) Thursday, 4 February 2016 East African Legislative Assembly Debates

The Report of the Committee on very explicitly set out from point 1, 2, 3 Regional Affairs and Conflict with all its sub- elements up to point f. Resolution on the Public Hearing on a Petition by the Pan African Lawyers Now, for the record, if I could read, “Subject to this Article, the elected Union on the Deteriorating Human Members of this Assembly shall hold office Rights and Humanitarian Situation in for five years and be eligible for re- Burundi. election for a further term of five years; MOTION FOR A RESOLUTION OF 2) The terms and conditions of service of THE ASSEMBLY MOVED UNDER the Members of the Assembly shall be RULE 30 (J) OF THE RULES OF THE determined by the Summit on the ASSEMBLY ON A MATTER OF recommendation of the Council: PRIVILEGE ARISING FROM A THREAT TO TENURE OF OFFICE 3) An elected Member of the Assembly shall vacate his or her seat in the The Speaker: Thank you very much. Assembly upon a happening of any one of Honourable Members, on the afternoon of the following events: Wednesday, 25 November 2015 in Kigali, the Republic of Rwanda, and Hon. Ogle (a) Upon the delivery of his or her moved a motion under the said provision resignation in writing to the Speaker of the of our Rules of Procedure. The motion was Assembly; dully seconded, and the mover, the Hon. Ogle justified it. (b) Upon his or her ceasing to be qualified for election as an elected Member; After that, the motion was then referred to the Committee on Legal, Rules and (c) Upon his or her election or nomination Privileges to do a deeper analysis of the as a Member of the National Assembly of a legal provisions surrounding this motion Partner State; and its implications to the Assembly (d) Upon his or her appointment as a generally, and to come up with a bigger Minister in the Government of a Partner picture of the motion since it touches on State; the privileges of Members and the Assembly. (e) Upon his or her having been absent from the Assembly for a period and in such I would now like to call upon the mover of circumstances as prescribed by the Rules this motion, Hon. Ogle, to remind this of Procedure of the Assembly or else upon House about his motion before I invite the his or her conviction by a court of Chairman of the Committee on Legal, competent jurisdiction of an offence and Rules and Privileges to present his report sentenced to imprisonment for a term as per our reference to his Committee. exceeding six months if no appeal has been Mr Abubakar Ogle (Kenya): Thank you, preferred against such a decision;” Mr Speaker. Rt. Hon. Speaker, mine is just Now that is very clear. Coming back to my very briefly to refresh Members’ memories motion, the four Members from Burundi about the importance and the actual have not been subjected to either of these essence of that motion. Now, it is provisions, which are clearly set out in the predicated on the provisions of Article 51 Treaty. To the best of my recollection and of the Treaty regarding the tenure of knowledge, none of the four Members has elected Members of EALA. The tendered in their resignation letter to the provisions of the Article are very clear – Speaker of the Assembly.

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To the best of my recollection and East African Community (the Treaty) and knowledge, none of the four Members has Rule 80 (2)(b) of the EALA Rules of been convicted of any crime or sentenced Procedure. One of the functions of the to a period of six months or above. To the Committee on LRP as provided by Rule best of my conviction, none of them has 81 and Annex 5 of the Rules of Procedure been appointed to a ministerial position or of the Assembly is to receive, review, otherwise. scrutinize and investigate the complaints of breaches of the Independent Mandate, Now, in the circumstances, nobody else Privileges and Immunities of the has any right other than what is provided Assembly. for in our Treaty and the Rules of Procedure there too that can interfere with 1.1 BACKGROUND the tenure of a Member. On 3 November 2015, the Rt. Hon. Pascal Rt. Hon. Speaker, having said that, it must Nyabenda, Speaker of the Burundi also be noted that any other attempt to National Assembly communicated to the interfere with a Member’s right to be in Rt. Hon. Daniel Fred Kidega, Speaker of this House amounts to a total raid on the EALA on the cessation of membership of sanctity and integrity of this House. We EALA of four Hon. Members from ought to be defending the reputation and Burundi. The cessation was said to be in sanctity of this Assembly. accordance with Article 51 (3) (b) of the Treaty on the following grounds: The framers of this Treaty envisaged a very independent institution, which has a) Hon. Jeremie Ngendakumana was certain mandate and duties to do. And we elected by the Burundi National will not allow – this is an opportunity for Assembly representing the this House to state very clearly that we CNDD-FDD Party and which has will not allow any interference- not from expelled him from among its any Speaker of Burundi and not from ranks; anyone else. With those few remarks, Mr b) Hon. Dr. Martin Nduwimana and Speaker, I beg to move. Hon. Frederic Ngenzebuhoro were elected by the Burundi National The Speaker: Thank you. I now call upon Assembly representing UPRONA the Chair of the Committee on Legal, Party which by a decision Rules and Privileges to present the 003/2015 and 002/2015 findings of the Committee. terminated their Membership; and The Chairperson, Committee on Legal, c) The National Assembly of Rules and Privilege (Mr. Peter Burundi elected Hon. Yves Mathuki) (Kenya): Thank you very Nsabimana from FRODEBU much, Rt. Hon. Speaker. Nyakuri Political Party, which is no longer represented in the INTRODUCTION AND BACKGROUND current Burundi National INFORMATION Assembly. 1.0 INTRODUCTION Upon receipt of the said letter, the Rt. Hon. The Committee on Legal, Rules and Speaker of EALA informed the concerned Privileges (LRP) is a Standing Committee Hon. Members and requested the Counsel of the East African Legislative Assembly to the Community (CTC) to give his (EALA) established under Article 48 (3) written opinion on the matter. On 16 of the Treaty for the Establishment of the November 2015, the CTC provided his

Thursday, 4 February 2016 East African Legislative Assembly Debates detailed opinion. Basing on the opinion amount to an affront principals of provided by CTC, the Rt. Hon. Speaker of the Treaty; EALA replied to the letter of the Speaker of the Burundi National Assembly in (iv) Appeal to the other Organs and which he communicated that: “After Institutions of the Community consultations with the relevant offices, I including the Summit to utmost to have found it is not tenable that the guarantee the sovereignty and membership of the said Members has security of all Members of EALA ceased because the letter was contrary to and staff of all other Organs and Article 51 of the Treaty and other Institutions of this Community; provisions of the Treaty. (v) Condemn in the strongest terms Consequently, on 25 November 2015, the possible all attempts to undermine Rt. Hon. Speaker of EALA, during his the integrity of this Assembly and communication to the Third Meeting of 4th the claim to the privileges and Session of the Third Assembly, held in status of its Members. Kigali, informed the Assembly about the The Rt. Hon. Speaker referred the motion letter he received from the Speaker of to the Committee on Legal Rules and Burundi National Assembly and all the Privileges for consideration. steps he had taken to address the matter. 1.0 METHODOLOGY On 25 November 2015, Hon. Abubakar

Ogle moved a motion under Rule 30(j) of a) The Committee held a meeting in the Rules of Procedure for a resolution of Arusha, United Republic of Tanzania the Assembly on a matter of privilege on 27 January and 3 February 2016. arising from a threat of tenure of office b) The Committee reviewed various (the Motion is hereby annexed). In legal instruments and precedents addition to backing the position that was pertaining to the independence, conveyed to the National Assembly of immunities and privileges of East Burundi by the Rt. Hon. Speaker of African Legislative Assembly. EALA, the motion sought to move the Among others, the Committee House to resolve to: considered the following: (i) Affirm the precedent set by the i. The Constitution of the Second EALA on similar threats to Republic of Burundi; the tenure and security of ii. The Treaty for the Members; Establishment of the East African Community; (ii) Specifically uphold the rights of iii. The East African Legislative every elected Member to complete Assembly (Powers and their tenure without the curtailment Privileges) Act, 2003; of their rights and privileges iv. The Administration of the East through intimidation, harassment African Legislative Assembly and threats of physical harm to Act; themselves and their families; v. The decision of the East African Court of Justice in (iii) Urge Partner States not to Legal Brains Trust (LBT) introduce any attempt to unlawfully Limited and The Attorney manipulate the institutions and or General of Uganda (Reference officials to threaten Members and No. 10 of 2011) or undermine the status, which will

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vi. The Rules of Procedure of the v. the right of Parliament to Assembly; and regulate its own affairs as they vii. The opinion provided by the relate to its debates and Counsel to the Community on proceedings; and this matter. vi. the control of access to the precincts of parliament and to 3.0 OBSERVATIONS exclude strangers;

3.1 The Meaning and Purpose of c) It was noted that Article 61 of the Privileges of Parliament Treaty, Part II of the East African Legislative Assembly (Powers and Privileges) Act, 2003, Rules 3, 30(j) a) Parliamentary privilege is an and 47(b) of EALA Rules of essential component of parliamentary Procedure provide for the privileges democracy; it exists to enable of this Assembly and its Members. Parliament to function effectively Because the law recognizes and and efficiently without undue protects the privileges of EALA and impediment. Parliamentary privilege its Members, it is therefore upon this traces its origins to the emergence of Assembly to protect its privileges the British Parliament in the Middle and the privileges of its Members. Ages. As initially construed, it was concerned with “privilege” in terms d) It was noted further that the East of the status or power of members of African Court of Justice in Legal Parliament (a select group itself) vis- Brains Trust (LBT) Limited and The à-vis the Crown. Attorney General of Uganda stated, “Article 51 (1) of the Treaty provides b) According to the Parliament of that an elected member shall hold 1 Canada , parliamentary privileges office for five years and be eligible also refers to the powers possessed for re-election for a further term of by the House to protect itself, its five years. Members, witnesses and its procedures from interference from 3.2 The Scope of the Motion Moved the courts or the Executive, so that it Under Rule 30 (j) of the Rules of can effectively carry out its principal Procedure by Hon. Abubakar functions of inquiry, debating, Ogle legislating and holding the Government to account. The rights The Motion was referred to the Committee on and immunities usually associated LRP because it was grounded under Rule 30 with parliamentary privilege include (j) of the Rules of Procedure of the Assembly. the following: The Committee considered the scope of the i. freedom of speech; Motion and the five proposed resolutions as ii. freedom from arrest in civil follows: actions; iii. freedom from obstruction, interference or intimidation; a) Affirm the precedent set by the iv. freedom from the obligation to Second EALA on similar threats to answer a summons or be a the tenure and security of member of a jury; Members.

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The doctrine of Precedence in the limits of the powers conferred upon parliamentary practice is not clearly them or under the Treaty. Article 11 (3) of established the same way the decisions of the Treaty specifically stipulates the higher courts are binding on lower courts. functions of the Summit. Prior parliamentary resolutions on similar matters can only be persuasive to the d) Condemn in the strongest terms current or future Assemblies possible all attempts to undermine the integrity of this Assembly and b) Specifically uphold the rights of the claim to the privileges and every elected Member to complete status of its Members. their tenure without the curtailment of their rights and privileges The Assembly and the Committee have through intimidation, harassment been notified that the Rt. Hon. Speaker of and threats of physical harm to EALA has addressed the issues raised by themselves and their families. the Rt. Hon. Speaker of the Burundi National Assembly by communicating to Article 51 (3) of the Treaty provide for the him that the tenure of the named circumstances under which an elected Member Honourable Members have not ceased as can vacate his or her seat in the Assembly. the action would be contrary to Article 51 Save only as provided by the Treaty, an of the Treaty. elected Member shall not vacate his or her seat. The relevant issue which needs to be interrogated is the applicability of Article 51 4.0 FINDINGS OF THE (3) (b) of the Treaty to the four Hon. COMMITTEE Members. a) The Committee finds that the events listed in paragraphs 3(a), (c), (d), (e) and (f) of Article 51 of the Treaty Urge Partner States not to introduce have not happened in respect of all the any attempt to manipulate unlawfully four Hon. Members referred to in this the institutions and or officials to matter; threaten Members and or undermine the status, which will amount to an b) With regard to the application of affront to the principals of the Treaty. Article 51 (3) (b) of the Treaty, the issue is whether the four Hon. By ratifying or acceding to the Treaty, Members have ceased to be qualified Partner States bind themselves to uphold to be elected as Members of the the fundamentals and operating principles Burundi National Assembly in of the Treaty in regards to the privileges of accordance with the Constitution of the Hon. Members of EALA. Republic of Burundi;

c) Appeal to the other Organs and c) Article 50 (1) of the Treaty provides Institutions of the Community that Members of the Assembly are including the Summit to guarantee elected to represent various political the sovereignty and security of all parties represented in the Assembly, Members of EALA and staff of all shades of opinion, gender and other other Organs and Institutions of special interest groups in Partner this Community. States;

Article 9(4) of the Treaty provides that d) Article 50 (2) sets out the qualification Organs and Institutions of the Community for a person to be elected as a Member shall perform the functions, and act within of EALA. Paragraph (b) of this Article 6

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requires that the person should be ceases to exist during the Member’s qualified to be elected a Member of the tenure of Parliament? National Assembly of that Partner State under its Constitution (this c) Is the Burundi National Assembly requirement applies only at the time vested with jurisdiction to determine election of Members of EALA); the question as to whether any seat at EALA has become vacant? e) Article 165 of the Constitution of the Republic of Burundi provides for the qualification for a person to be elected The Committee addressed itself to the Member of the Burundi National issues raised above by referring to the Assembly: Treaty, the Constitution of the Republic of i. Be of Burundian nationality and Burundi and other relevant laws governing origin, the EALA. The Committee also took into ii. be twenty five years old at least, account the action taken by the Second iii. enjoy all of their civil and political EALA in March 2011, in respect of Hon. rights; and Manasseh Nzobonimpa. The Committee is iv. Must not have been convicted for satisfied that the action taken by the Rt. a crime or misdemeanour of Hon. Speaker of EALA in addressing this common law to a penalty matter is in accordance with the provisions determined by the electoral of the Treaty. law.

The communication from the Rt. Hon. 5.0 RECOMMENDATIONS Speaker of the National Assembly of Burundi is to the effect that the said cessation of the named Hon. Members In light of the observations and findings of related to: the Committee set out above, the Committee recommends as follows: a) their ceasing to be members of political parties they belonged to at 1. The Assembly reaffirms the position the time of their election; and taken by the Rt. Hon. Speaker of b) Their political parties are no longer EALA as communicated to the Rt. having representatives in the Hon. Speaker of the Burundi National National Assembly of Burundi. Assembly;

2. Urge Partner States, Organs and The communication by the Rt. Hon. Institutions of the Community to Speaker of the National Assembly of uphold and apply the principles and Burundi raises a number of questions as provisions as enshrined in the Treaty follows: in respect to privileges of Hon. Members of EALA; and, a) Does the Constitution of the Republic

of Burundi specifically bar a person 3. Amendment of the Motion moved from being elected Member of the under Rule 30 (j) of the Rules of Burundi National Assembly because Procedure by deleting all the proposed he/she does not belong to any political Resolutions and replacing it with the party? following two resolutions:

a. Reaffirms to the position taken b) What happens to a Member of Burundi by the Rt. Hon. Speaker of National Assembly if his or her Party

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EALA as communicated to the to some extent the motion. I will try to be Rt. Hon. Speaker of the very brief. Burundi National Assembly; and It is a sad day in the history of this Assembly that we should be discussing b. Urge Partner States and their this report and motion. I will not spend a Institutions, Organs and lot of time on the report save to say the Institutions of the Community following; I wish the Committee in to uphold and apply the pursuing the endeavour of writing a good principles and provisions as report, they should have given a little more enshrined in the Treaty and time to do a bit of examination and other laws of the Community consideration on important aspects that in respect to privileges of Hon. have been raised on the question of Members of EALA. immunity, rights and responsibilities of Members. Thank you very much Rt. Hon, Speaker – I pray that possibly another time will come (Applause). that this Committee will have an opportunity to give the full treatment of The Speaker: Thank you, Hon. Peter analysis of what the privileges of Members Mathuki, Chairperson of the Committee of are. Specifically allow me to ask two Legal, Rules and Privileges. Hon. questions; one, on page 7, “3.2 (a) affirm Members, the motion before this the precedent set by the Second EALA on Assembly is that this Assembly do resolve similar threats to the tenure and security to safeguard the tenure of the office of of Members.” The doctrine of precedence elected Members of the East African is not clearly established the same way the Legislative Assembly in accordance with decisions of High Courts are binding on Article 51 of the Treaty for the Lower Courts. Prior Parliamentary Establishment of the East African Resolutions on matters can only be Community. Debate is open. persuasive to the current or future Assemblies. Honourable Members, before I invite the various persons, we will proceed like this- On what authority is this conclusion the Committee report is part of the bigger based? On what authority is this finding debate of the motion. You will be allowed based? I would like to be educated. I wish to take the floor, debate the motion with they could go back to the long tradition of reference to the Committee report. At the struggle to establish the independence of end of the debate, we will dispose of the Parliament and to establish what those Committee report by way of a vote and privileges are and what are the rights and then dispose of the motion by way of a responsibilities of Members and what vote. However, before we take the votes, protection is extended to them. I do not see the Hon. Ogle, the mover of the motion any authorities quoted here. will be granted right of reply and then the vote will be taken. The second issue that I have, which I have not seen in this report is the question of Debate is open. exclusive cognisance. This is a Parliamentary Principle that is well Mr Abubakar Zein (Kenya): Thank you developed, well understood and this is a very much, Mr Speaker for giving me an right of each House of Parliament to opportunity to speak to both the report and regulate its own proceedings and internal affairs without interference from outside.

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In addition, if you look at our Rules of context. The sub-text according to me, and Procedure, Rule 3 deals with the question with a lot of respect, is that these four of independent mandate, privilege and Members are being told to toe the line or immunities of Members. there will be consequences on you; these four Members are being told, you are not I pray that this Committee will one day free to have a free mind in this House; have another chance to redeem itself and I these four Members are being told, you use this word cheerfully so that they can and your family are not safe. That is the give full treatment and just treatment to the sub-text - (Applause). And if we in this struggles of establishing the magna carte; House are afraid to call it by its name, no the struggles of establishing the Bill of one is safe. Rights of 1689, of which we have borrowed almost word for word Article 9 Today, you may think it is the four and put it in our law. Members from Burundi but your day will also come. If we do not stand up together, The Claim of Right Act in Scotland of as this House, each Member to fight for 1689 and the endless history of struggle to what is right, then you are jeopardising, retain the independence of Parliament and not only the safety and security of protect the work of Parliament and the individual Members, but you are proceedings of Parliament from external jeopardising the safety of the whole of this interference. House- the independence of the whole of this House. I am particularly worried if you look at page 8 – “(d) appeal to other Organs and Allow me to say one last thing, Mr Institutions of the Community including Speaker, Sir and sit down. We, every one the Summit to guarantee the sovereignty of men, women and us who sit in this and security of all Members of EALA.” august House before we are allowed to do Now, in the analysis of the Committee, anything in this Chamber, are required to they quote Article 11 (3). Allow me to be escorted by two people who know us, read what the Treaty says, “Functions of as the Hon. Minister was asked to do three the Summit- the Summit shall review the days ago, and come and take an oath of state of peace, security and good office. This oath of office commits us to governance within the Community and the certain basic minimums, which we cannot progress achieved towards establishment go below. If we go below any of the of political federation of the Partner provisions of our oath of office, the Treaty, States.” How is that related to this subject the Community law and the exclusive of privileges of Members? (Applause) I do cognisance, that right, which each not want to take long on this so that I may Parliament has to govern its own work not be misunderstood. without interference - none of us is safe; none of us is safe. God bless this I would like to say four things and sit Community; God save this Community down. One, I was expecting this and this Parliament - (Applause). honourable Committee made up of Hon. Members to also analyse the context of the The Speaker: Thank you, Hon. Zein. The threat to the immunities of those for debate is still open. Members. What is the context of the threat? Is that there is a crisis in Burundi? Ms Agnes Mumbi Ng’aru (Kenya): That is the context. Thank you Rt. Hon. Speaker. I stand to support this motion. Probably I do not They should also have examined the sub- have that big passion but I agree with the text. The sub-text is different from the sentiments of the report. However, I also

Thursday, 4 February 2016 East African Legislative Assembly Debates would have wished that the report tried to Ms Byamukama: Yes – for allowing me balance. I am aware that we are all here to give this information. Actually, I from different partner States courtesy of thought this august House would be better our National Parliaments and our political placed to have it on its records that what is parties. I am very much aware of that. being debated in the report is in the Treaty. I am also aware that we are here courtesy When you look at Article 50 of the Treaty, of the five Partner States; we are each 2 (b) says, “A person shall be qualified to from a Partner State. I am happy that the be elected a Member of the Assembly by Committee also checked on what the the National Assembly of a Partner State Constitution of the Republic of Burundi in accordance with paragraph 1 of this talks about the qualifications and probably Article if such a person … (b) is qualified disqualifications of Members – to be elected as a Member of the National (Interruption) - Assembly of that Partner State under its Constitution.” So, I would like to say that Mr Ogle: Clarification. Rt. Hon. Speaker, this is one of the qualifications and I am I do not understand the value of referring just putting the record straight. I thank to the Constitution of Burundi. Not in this you, Hon. Mumbi. report and not by the Member contributing. So, could she tell us what the The Speaker: Thank you. nexus is between the reference to the Burundi Constitution and the report that Ms Mumbi Ng’aru: Thank you, Hon. was made by the Committee? Dora Byamukama. I wish you had just listened a bit more to hear that I was Ms Mumbi Ng’aru: Rt. Hon. Speaker, I coming to that - (Laughter). It is very always, I wish Members can listen. It is in important that we give each other a the report. (Applause) I am reading it with moment to express their ideas. I was my glasses; it is mentioned in the report. I actually coming to that but thank you. You want to say it is there and I am standing by have helped the House. what I said – in the report - the qualifications of a Member in the Burundi The reason I am saying this is that after Constitution are in this report. I, therefore, serving our term, all of us will go home to beg to continue. our Partner States and respect our constitutions – what we call home- Rt. Hon. Speaker, like all of us, in every although here we are protected under the Partner State, we are elected as per the privileges and whatever else that is in our Constitution. Rules of Procedure. If you are not lucky to be re-elected for the second term, you will The Speaker: Information from Hon. need to go back home, to your Partner Dora. State, be it Kenya, be it whatever. I will be lucky to go to a county called Kiambu. Ms Mumbi Ng’aru: I will not take any information. So, in my thinking, I would have preferred that this Committee goes deeper. Not only The Speaker: It is for your own good. into the written laws and also Ms Mumbi Ng’aru: Okay. (Laughter) recommended a way of bringing the Members and their parties or National Ms Byamukama: Hon. Speaker, I would Parliament together for the future because like to thank my sister, Hon. Mumbi. we will all need to go home. Nobody wants to live in another Partner State as a The Speaker: On a persuasive note.

Thursday, 4 February 2016 East African Legislative Assembly Debates refugee. It is not tenable. It is not an those things and so nothing can be done. I interesting thing. am glad you have already done that. I encourage you to go ahead and do this. I wish the Committee had thought about life after this term. Because after quoting I want to say that I agree with the report the legal procedures and the Constitution but as far as I am concerned, it is and I do not know what else, everything of incomplete. I am saying this with a lot of them – they have done it well. But did they respect to the Committee that they should consider what would happen after the be given time to complete that aspect of tenure of this Assembly? My feeling is that after five years. Now we have 15 months they would have gone a bit deeper. to go. If we will not have resolved this issue about the Members, they will not be I agree with the Committee that if we set under your protection, Rt. Hon. Speaker; this precedent of allowing a Speaker from they will not be under the protection of a National Assembly to write to you and this House in the next 15 months. Are you recall Mumbi Ng’aru because she is in going to throw them to the dogs? You will ODM and that kind of thing, it is not not. tenable. It is wrong. Surely, couldn’t we through that Committee have found a way So, this activity that you have talked about of communicating in a way that we of following up and sitting to resolve it acknowledge there is a problem? I really and knowing a way forward is more want to thank you, Mr Speaker because important than the legal aspect that has writing back to say, it cannot be done, not been put in this report. Thank you. with the Treaty and not with the Constitution nor our Rules of Procedure. The Speaker: Thank you, Hon. Mumbi. It cannot be done. Thank you very much. Mr Joseph Kiangoi (Kenya): Thank you, You stood in for us, but we still need to Mr Speaker for the opportunity. Rt. Hon. understand that these things have been Speaker, you referred to this Committee happening behind the scenes. So, the this motion that had come up under Rule Committee should go back and research a 30 (j). Mr Speaker, this is a Committee of bit more - (Applause). We are not an Legal, Rules and Privileges. I want to ordinary Parliament. We are not. begin from where my sister, Hon. Mumbi The Speaker: Hon. Mumbi, just a slight left and I thank her for supporting the information that the Speaker did not just report, but to insinuate that the Committee stop at that but also communicated to say would have gone further to see how the that the Office of the Speaker, which is, conflict can be resolved is not in the therefore, the Assembly would make a purview of the Committee of Legal, Rules visit to Burundi to discuss the subject and Privileges - (Applause). I am aware, further because we think there is more to Hon. Speaker that the Committee of it. Thank you. Regional Affairs and Conflict Resolution is dealing with the matter concerning Ms Mumbi Ng’aru: Thank you, Rt. Hon. Burundi and they are not limited to what is Speaker for that information. I thought happening in Burundi only. It can expand with that information, and I am sure, you its mandate to what is happening in the had probably talked about it to the Regional Assembly with regard to Committee, it should have been in this Members coming from Burundi. I thought report. That information should have been I should correct that so that we do not get here so that we don’t look like – I don’t the impression that perhaps the Committee know how to put it- but once you are here, did not go that far. you have the immunity, and you have all

Thursday, 4 February 2016 East African Legislative Assembly Debates

Now, coming to the report, Mr Speaker, as the rights of every elected Member I have said, there was a specific motion specifically to complete their tenure and the motion sought to propose for without the curtailment of their rights and resolution of this House propositions. One privileges through intimidation, was to affirm the precedence set by the harassment and threats of physical harm to Second EALA on similar threats to the themselves and their families. Mr Speaker, tenure and security of Members. Mr but this Treaty also provides that an Speaker, something can only be a elected Member of this Assembly can precedent if there is a resolution of this vacate office. Assembly. There was no resolution of this Assembly – of the Second EALA- on this So, how do we resolve on this kind of matter. What is there is that the Speaker of resolution without subjecting it to the the Second EALA communicated and so Treaty? Article 51 (3) provides for that cannot form precedence. That is why circumstances and specifically it says, “An the Committee has taken note of that and it elected Member of the Assembly shall is in the report. vacate his or her seat in the Assembly upon the happening of any one of the Mr Speaker, the Doctrine of Precedence following: …” So, there is already has been mentioned here. Time and again, provision for an elected Member to vacate. Assemblies pass motions but after a What are those conditions? (B) Says, period, they revisit those motions and can “Upon his or her ceasing to be qualified change what they have already resolved for election as an elected Member;” upon. So, they are not bound. Any Where? Not here but ceasing to be legislation that has been passed does not qualified to being elected in the Partner bind the Assembly forever. We can pass a State. resolution today and so long as it is not within this Session of Parliament, in the So, Mr Speaker that is why I was a bit next Session of Parliament we can resolve taken aback when Hon. Ogle stood up and and overturn it. questioned the relevance of the Constitution of Burundi. However, Hon. So, how does the Doctrine of Precedence Dora has explained that. That relevance bind Assemblies forever? It does not. It is arises from this provision. So, I am saying, a misconception of the Doctrine of Mr Speaker that you cannot resolve- we Precedence. In the courts, that doctrine is cannot sit here and resolve on that second well established that the decisions of aspect of the motion - that I have quoted higher courts will always bind the without reading it again – without bearing decisions of lower courts and lower courts in mind that the Treaty provides for cannot depart from that. That is why the vacation and the Committee has addressed Committee said, if it is a good resolution itself to that specific issue. that the previous Assembly passed, it can be persuasive and I do not see any problem On (c) – I am going through them one by that needs to attack the position of the one, Mr Speaker, bear with me. “To urge Committee on this matter unless there is a Partner States not to introduces any misconception about the Doctrine of attempt to unlawfully manipulate the Precedence. (Applause) institutions and officials to threaten Members or undermine the status which Mr Speaker, on the resolution I said the will amount to an affront to the principles Committee was given specific task. And of the Treaty.” Mr Speaker, we have said the resolution matters that were proposed that Partner States have ratified the Treaty. to be resolved upon. There was No. (b) By ratifying this Treaty, they have bound Where this House was to resolve to uphold themselves to uphold the fundamental

Thursday, 4 February 2016 East African Legislative Assembly Debates principles and operating principles of the But we are not just agreeing like that. We Treaty. Do we want to say that we pass have gone deeper to find out why we are this resolution to reinstate this to agreeing. That is why, Mr Speaker, we go strengthen it? Can we strengthen it beyond into the Constitution of Burundi. How the provisions of the Treaty? The answer is does one cease to be a Member of the no. Assembly? When he or she ceases to be qualified – that is why we go to the Mr Speaker, on “(d) to appeal to other Constitution of Burundi and find out how Organs of the Institutions of the one id qualified to be a Member. You find Community including the Summit to that one has to be a Burundian, 25 years guarantee sovereignty and security of all and above, one has to enjoy the civil and Members of EALA.” Mr Speaker, Article political rights, one must not have been 9 (4) provides for that. “Organs and convicted for a crime or misdemeanour of Institutions of the Community shall Common Law to the penalty determined perform the functions and act within the by the Electoral Law. So, the Committee limits of the powers conferred upon them found – (Interruption) – or under the Treaty.” There are also provisions under the Summit. So, Mr Mr Mulengani: Clarification. Thank you, Speaker, I want to say that the Committee Mr Speaker and thank you, Hon. has addressed itself specifically to the Colleague for giving way. The issues at hand and they are found on every clarification I am seeking in the aspect. Constitution of Burundi – I happen not to sit on the Committee and I have not read If I were to go on – condemning in the the Constitution- is, is there a limit of age strongest terms- Mr Speaker, we are in the in qualifying to be a Member of process of integration. That is what we Parliament? (Laughter) were preaching. What condemnation are we talking about? Condemnation – Mr Mr Kiangoi: Mr Speaker, we read the Speaker, you have already responded but I Constitution as it is but I believe so will come back to that later. You have because it does not say whether there is an responded legally with the advice of the upper limit, therefore, it does not apply. CTC. So, what condemnation are we So, it is a relevant clarification but it does talking about here? Even the African not say. Union (AU), which met in Addis Ababa the other day said they want some kind of The Speaker: Information from Hon. harmony so that Burundi does not get into Frederic. more problems. Mr Ngenzebuhoro: Hon. Speaker, it is So, this Assembly, which is an Organ of saying, “At least …” which means that we the Community, is being asked to can go on until even 100 years. There is no condemn in the strongest terms possible. limit. Thank you. So, we are saying, Mr Speaker, that you The Speaker: Thank you for the have addressed this matter. The Rt. Hon. information. Speaker of EALA has addressed the matter that that action to recall Hon. Members of Mr Kiangoi: Thank you, Hon. Frederic. this Assembly is contrary to the Treaty and So, Mr Speaker, there is no issue of specifically Article 51. We are saying that political parties is not raised in the we agree with the decision of the Speaker Constitution of Burundi. Therefore, if the of EALA. Constitution of Burundi does not raise the issue of political parties, it follows that these Hon. Members of our have not

Thursday, 4 February 2016 East African Legislative Assembly Debates ceased being electable in their Partner opportunity. From the onset, I would like State and that is why we must come back declare that I am a member of this to the Treaty and go strictly its provisions. Committee, and I would like to thank you for giving the Committee time to I do not have to go into the provisions of deliberate on this issue. I also want to the Treaty because you know them very thank Hon. Ogle for coming up with this well and we have said Article 51 (a) does resolution because if he had not, then we not apply to them here. They have not would not even be debating it at this point resigned. Article 51(b) is what I have just in time. been explaining. Article 51 (c) does not apply. Therefore, since they have not Mr Speaker, Sir, I would like to start from ceased to be electable in their own a point of where all of us agrees. I think country, we have agreed with the decision we are all in agreement on the issue of taken by the Speaker of EALA. security of tenure for Members of EALA - (Applause). That is where we are all in So, what is it that the Committee has not agreement. done, which requires time in the future to address again over this issue, which was I would also like to add on from what Hon. on specifics? Nothing, Mr Speaker. Let us Mumbi said, we are also in agreement that not be excited over this matter – on Members of EALA also belong and come anything- because this is clear and from Partner States and, therefore, I think specific. The mandate of the Committee it is very imperative that as we consider has been discharged. The Committee has this matter, we look at these two very answered the questions, which were raised squarely and we find sober ways of in the motion. ensuring that we do not jeopardise the Members any further. So, just like my I, therefore, support the report of the colleague, Hon. Kiangoi has said, you Committee plus the amendment thereto also make your journey to Burundi and because as you have heard what I have discussions, which will ensue will be more said, some of them like the second issue conducive rather than entering when you would be contrary to the Treaty. You have taken a decision on this matter or you cannot overlook the Treaty and create a have angered the powers that be in that new kind of rule. particular Partner State. Mr Speaker, we have these Hon. Members Mr Speaker, Sir, although I don’t support here. We want to act within the law so that polygamy, one of our colleagues when we Mr Speaker even as you have promised - were discussing this matter said that there because we mentioned it here- that you is a proverb, and I think this cuts across will go to Burundi, so that it is not that we all the African cultures, he said that when have sat here, condemned them and now you find a stick which has been used to you are going there and saying, how do beat your co-wife, you throw it very far you think we handle this matter? We want away. (Laughter) This is very important. to make the conditions conducive. There is So, here we are throwing this stick very far no issue of fear. It is only that we are away. acting within the law. I beg to submit, Mr Speaker - (Applause). I am glad this Parliament is debating this issue because I was in the Second EALA The Speaker: Thank you so much, Hon. and somehow we shied away from Kiangoi. debating the issue of Hon. Manasseh and maybe others, which have come up. So, I Ms Dora Byamukama (Uganda): Thank would like to say that we may have you, Mr Speaker for giving me this

Thursday, 4 February 2016 East African Legislative Assembly Debates debated it but this is better because we this particular clause of the Treaty, it is have other precedents. But I would like to clear that this is in reference to an election. say very quickly that is it very imperative So, the question is, were any of the that we discuss this. Members seeking to be elected? The answer is no. And because the answer is Mr Ogle: Thank you, Mr Speaker. Is it in no, there is no way this could have been order for the Hon. Dora, my good friend, applied to the Members. to refer to a matter related to gender based violence in giving her example about This was only relevant at the Members polygamy in the African culture - were seeking to be elected. So, I think this (Laughter). will clear our minds and it is very important that we take this into context. I The Speaker: The Hon. Member holding hope when you have a face to face meeting the floor put a rider in her debate that she – because it is a matter of understanding, is not a supporter of polygamy but also exchanging information and views- you stated that she was quoting another will come to the conclusion that much as Member who debated and brought up that this may have been misinterpreted in that African adage. You know African culture manner, at this point in time, there is no is very rich in packaging how you can Member of EALA from the Republic of present your message. So, proceed, Hon. Burundi who is seeking to be elected and, Member. therefore, has to comply with this particular provision of the law. Ms Byamukama: Thank you, Rt. Hon. Speaker for your wise ruling. I would like I would like to say very quickly that to go on also talk about the issue of debate. borrowing from the African Union, you I have been in Parliament for over 15 years find that Members who were from the or so- coming to that. However, I would Parliaments of National Assemblies would like to say that when we debate, we are have their tenure terminated because they trying to persuade each other to come to lost an election. It became very difficult almost the same conclusion. So, there is no because in the five years, you would have harm whereby a Member has a particular a very high turnover and, therefore, the opinion and others have other opinions. I continuity of the process and the security hope that together we shall arrive at and independence were eroded. securing our tenure and ensuring that our Members can go back home safely and I am glad to note that this House, actually serve this House with some degree of did debate a motion whereby we were freedom. considering the fact that there has been amendment to allow for adult suffrage and I would like to allude to one particular for security of tenure. So, this is very aspect, which is very important and I think important. This particular Parliament is which we need to un-package, that is, very much admired in that we have Article 51 (3) (b) of the Treaty. It reads as security of tenure at the regional level. follows; and this is what was quoted when the letter was written to your office: “An I would like to go to my third point and elected Member of the Assembly shall talk about the issue of political federation. vacate his or her seat in the Assembly Mr Speaker, Sir, I think we are really upon the happening of any of the following setting stepping stones towards political events: … (b) His or her ceasing to be federation. As we do so, we have to qualified for election as an elected consider the issue of separation of powers. Member.” I would like to say that really, I am glad to note that the issue of tenure, when you look at the letter and spirit of which had been a problem to this House,

Thursday, 4 February 2016 East African Legislative Assembly Debates was settled in the case that has been Students, you are most welcome. quoted by the Committee. (Applause) I guess you are student leaders. It states that: “An elected Member shall Mr Martin Ngoga (Rwanda): Thank you hold office for five years and be eligible very much, Mr Speaker. First of all, I for re-election for a further term of five support the motion. I want to state years.” This settles the issue of tenure. So, something just for enriching the records. as long as you are a Member of EALA, the Court has already ruled that you will serve This is a legal matter. It is an activity that for five years and that you can be recalled for us to interpret the provisions of elected for a further term of five years. As the Treaty and other relevant laws. There far as I am concerned, this is a very is no question that this House has integrity important precedent and whoever is, for to treat matters with all fairness. But for example, referring to the Treaty must also the record, I want to state that Rt. Hon. refer to the East African Court of Justice, Speaker, before you assigned the which is a very important aspect of our Committee with this subject, you had legal regime because actually judges make made a decision about it, which the laws. Committee is reaffirming today in its report. But you had also sought the I would like to conclude, Mr Speaker, Sir, opinion of the Council to the Community by saying that this motion was considered who had given a similar opinion. So, it in a very delicate atmosphere in that there should be understood that this is not a case is an ongoing process. Saddled with this, of negative solidarity among the Members there is a pending visit. Then we also have of this Assembly. to take into account the welfare, the security and the fact that Members come The conclusion that the Committee has from this particular Partner State. So, how arrived at is completely similar to the we debate this particular motion, the advice that the CTC had given. Mr language we use when we are debating are Speaker, I wanted to state this just for the very important. (Applause) And this is the record. Thank you. very reason why we, as a Committee, had The Speaker: Thank you so much. Yes, to come up with this kind of tempering Hon. Chris. But, Hon. Members, I did this- aspect to the motion. I gave caution last week that Members But I would hasten to say that some of us who want to stand should rise up in time. are very courageous defenders of the Mr Chris Opoka-Okumu (Uganda): sanctity of Parliament; of the Thank you, Rt. Hon. Speaker for giving independence of Parliament; and of the me this opportunity to contribute and stand powers and privileges of a Member in solidarity with my colleagues to support Parliament. I thank you - (Applause). this report of the Committee on Legal, The Speaker: Thank you so much, Hon. Rules and Privileges. Dora. Before I grant Hon. Martin Ngoga, Rt. Hon. Speaker, as my good friend, Hon. Hon. Colleagues, let me recognise further Ngoga has said, this is really a matter of in the gallery the presence of the Steering legal interpretation. When one looks at the Committee of the East African Tax and argument that has been given about Article Governance Network led by their 51 (3) say, in respect of Hon. Jeremie Chairperson, Mr Kyamakara. I also want Ngendakumana who was elected by the to recognise the presence of students of the Burundi National Assembly representing Institute of Accountancy in Arusha. CNDD- FDD Party, which has expelled him. There are no provisions anywhere in

Thursday, 4 February 2016 East African Legislative Assembly Debates the Treaty about the effect of an expulsion the Assembly is an Independent of a Member. individual. Then Hon. Dr Martin Nduwimana and So, when you look at the Treaty on the Hon. Frederic Ngenzebuhoro were elected issue of cessation of a Member, the by Burundi National Assembly relevant one is about upon his or her representing UPRONA Party, which by a ceasing to be qualified for the election as decision on that day, terminated their an elected Member because the rest of it, membership. But there is no provision for they have never delivered any resignation that in the Treaty regarding the impact of a letter to the Speaker; they have not been Member being terminated. nominated to become Members of Parliament in their Partner State; they have The National Assembly of Burundi elected not been appointed Ministers; they have Hon Yves Nsabimana for that party which not been absent from the Assembly for is no longer represented in the current such a period of time; they have not been Burundi National Assembly. It is not a convicted of any criminal offence and question about a Member ceasing to be a sentenced to imprisonment. Those are the Member of this Assembly merely because only counts where somebody could be merely because his party is not represented disqualified. in Parliament. So, in my view, Rt. Hon. Speaker, the The issue of – I think the confusion decision that you have taken on the advice probably in the minds of the colleague of the CTC is correct legally. It is very from Burundi National Assembly arises correct and I dare say that even politically, from Article 50 (1), which states that: it should be correct. “The National Assembly of each Partner States shall elect not from among its So, Rt. Hon. Speaker, without much ado, I Members nine Members of the Assembly would like to support very strongly the who shall represent as much as it is report of the Committee and I recommend feasible the various political parties my colleagues to do so. Thank you - represented in the National Assembly, (Applause). shades of opinions, gender and other special interest groups in that Partner The Speaker: Thank you so much, Hon. State in accordance with such procedure Chris Opoka. I will give Hon. Sarah and of National Assembly of each Partner then I will call the two principals – the State .” That is only at the threshold of mover- oh! I will give the Hon. Minister to elections and not about continuity of being say something and then I will call the Hon. a Member because the Treaty says a Chair to summarise and then Hon. Ogle Member shall be elected and hold office before the matter is put – oh! I will give for five years. That is mandatory as Hon. Sarah Hon. Minister and then stipulated in Article 51 and be eligible for eventually Hon. Dr Martin. re-election for another five years tenure. Ms Sarah Bonaya (Kenya): Thank you, Rt. Hon. Speaker, there is no requirement Rt. Hon. Speaker for giving me the that a person must belong to a political opportunity to contribute to this very party before they can be elected to be a important motion. From the onset, I would Member of this Assembly. Independents like to say that I support the motion. have been elected to this Assembly. And Most of the issues have already been in Burundi, I am reliably informed that raised but my area of concern is on the Independents are also elected to go to issue of representative role of these Parliament. I think the Vice President of Members and unless an enabling

Thursday, 4 February 2016 East African Legislative Assembly Debates environment is offered to these Members, and engagements from wherever we come in their country of representation, their from. I think that on any different issues responsibilities will suffer. These will we deliberate on, we all come from that include stakeholder engagement through contextual background. That is what I feedback, collection of views in order for meant. However, that should now enrich them to present them in the East African the regional issues, especially issues of Parliament and awareness creation. So, engaging with the National Parliaments. there will be a lot of curtailment of their responsibility. The Speaker: Information from Hon. Mulengani. The Speaker: Hon. Sarah, there is information from Hon. Dr Odette. Mr Mulengani: The information I want to give the Member is that whereas we Dr Nyiramilimo: Thank you, Hon. Sarah represent the whole region, you cannot for giving me way. I would like to inform represent the whole region minus your my dear friend that when a Member is own country. Thank you - (Applause). serving as a Member of EALA he or she is representing all the East Africans. So, Ms Bonaya: Thank you, Hon. Mulengani. when we are here, we are representing the I think I have been protected because you whole Community; not only the Partner cannot represent four States and leave out State where we originate and were elected. one. So, even if you are representing the Thank you. region, you need to have all the Partner States involved in the picture and in this Ms Bonaya: Thank you, Hon. Odette for case, without the enabling environment that information. But I would also want to being provided, there is a threat to that emphasise the fact that when we work, we representative role of the Members. work from a given context and coming from Kenya, I think I would understand The other issue, Mr Speaker that I needed better issue that affect Kenyan to highlight it the issue of separation of stakeholders. Yes, I come here and look at powers in relation to this representative things – (Interruption) - role. I feel that most of us have not raised this issue very critically. But we are not at The Speaker: Sorry, Hon. Sarah. Hon. par when we go back home because, as Members, you may want to know that you are in your country, you try to give when you leave your phones on, you may feedback to your stakeholders, trying to incite the Speaker to invite the action of sensitise and all that. the Sergeant–at-Arms. So, please, keep your phone in silence. We administered under different structures. Initially, in the Kenyan Ms Bonaya: Yes, so I was responding to context, we were administered under the the information, which was given, which I National Parliament but at one given point, understand. We should get that East we were shifted to the Ministry of East African mode but we come from countries Africa whereby we rather tend to with slightly different contexts and we are encounter conflict of interest. Because we supposed to be accessed by East Africans are politicians being administered by civil when we go home to be able to transmit servants - and I am sure we have not concerns and information for deliberations spoken of this. Many other States are at the regional level. suffering the same but we need proper linkages and institutional engagement and We are also supposed to articulate issues linkages with the institution to facilitate from the different backgrounds and our activities when we are at home. contexts basing on our own experiences

Thursday, 4 February 2016 East African Legislative Assembly Debates

So, this motion is timely and I think we is really a close family. And as I was also need to go further and do some telling Hon. Mbidde the other day, you interpretation because different Partner realise that you have brothers and sisters – States interpret our roles differently. friends- when you are in difficulty. Indeed, Maybe now the issue of linking the Treaty you have been very near to us – near me- and the Constitutions. We need to get that and so I could not miss this opportunity to interpretation so that we are well anchored thank you so very much. (Applause) when we are back home for our representative roles. Thank you, Mr On the professional note, in fact, it is just Speaker - (Applause). what you or we are doing. As Many Members have just said it here, this issue The Speaker: Thank you, Hon. Sarah. is not an individual issue. It is an issue of all the Members here. Not only of the Dr Martin Nduwimana (Burundi): Third EALA but also of the Fourth and all Thank you, Rt. Hon. Speaker. I rise, of other upcoming EALAs. What we are course, to support this motion - (Applause) doing here is just our job; just to stand and But really, I had not prepared myself to defend the Treaty of the East African take the floor since this issue is a personal Community. To stand for and defend the matter. East African Legislative Assembly Rules and Privileges; to stand for and defend the On the other hand, as you have said, Rt. rule of law in the East African Hon. Speaker, that you are about to get to Community- the good governance; the the conclusion of the matter, my heart has human rights for every Member of this ambushed me and so I take the floor Community. To stand for and defend the because I feel that I have an obligation to human rights of individuals of this take this opportunity to thank you, Rt. Community. Hon. Speaker; thank the mover of this motion; to thank the Committee on Legal, We are showing that we are the sovereign Rules and Privileges and all the Members leaders. We are defending the democracy here, without exception, who have in general and here in this Assembly, we supported this motion. are defending the independence and non- interference in this Assembly. You have said that you are going to first vote and after the vote there is no way, I Despite those many and others I have not can have an opportunity to discuss the stated, those other issues regarding human matter. So, I stand just to express, on a rights and democracy, I feel very proud personal note and on behalf of my and very grateful to thank you and I colleagues who are in this situation as prophesise that this motion will be passed Burundians, our gratitude to you. We are and that it will be a start of a good story of very grateful. this Assembly. I thank you - (Applause). Since this unfortunate issue happened, The Minister in the Office of the personally, I came to realise more than President Responsible for what I was convinced about that this Third East African Community Affairs, Assembly is very strong. It is very strong Burundi (Ms Leontine Nzeyimana): because of two reasons; one, it is that this Thank you very much, Rt. Hon. Speaker. Third Assembly is humanly strong and Through the Chair of the Council, I stand two; it is professionally strong. (Applause) here to express myself on this motion. On a human note, as – maybe I have Rt. Hon. Speaker, it is true that our expressed this on some occasions. I have Community is governed by law, and been witnessing how this Third Assembly

Thursday, 4 February 2016 East African Legislative Assembly Debates

EALA as well is governed by law. In we know it better and bring their issues to Kiswahili they say, “Sheria ni msumeno,” this august House. henceforth, the law has to be respected and we are here to stand for the law. She also said that Partner States have interests in this Assembly and in the Mr Speaker, personally, I am not against integration process of the region generally. the privileges and immunities of Members If any Member is tending, is perceived, or because I am a Member as well. I am one actually is undermining the interests of a of them - (Applause). However, Mr Partner State, then that Partner States Speaker, our countries do have interests in would not be happy. So, she was just this Community; they do have interests in developing her point and not saying that this Assembly. the Members are undermining the interests of Burundi. If she says so, then I will Though Members have called to defend demand for proof of that. Thank you. Hon. interests of the East African Community as Minister, proceed. a whole, we come from Partner States. We are here to defend the interests of the East Ms Nzeyimana: Thank you very much, Africans and the citizens from where we Rt. Hon. Speaker. I did not say so. specifically come from, as Hon. Sarah said. We can defend well the interests of Regarding the security of these Members where we come from because we know and their families, Rt. Hon. Speaker, it was well the reality of where we come from said that the lives of these Members and rather than another place. As I am in a their families are threatened. As far as I am better position to defend the interests of aware, Rt. Hon. Speaker, the government Burundi rather than the interest of Kenya did not issue any warrant of arrest of any because I do not know Kenya - I am not a member of the families of these Members. citizen of Kenya though I am here for all As I know in Africa, what we call family the Partner States. in Africa, family does not limit to husband, So, there is no Partner State that will be wife and children. We have cousins; we happy to see its Members undermining the have nephews and nieces; we have interests of that country. But as I have grandparents and a list of them. These are said, sheria ni msumeno – the law must be all part of the family. And I am sure that respected – (Interruption) - the relatives of these Members are in Burundi and they are not threatened. I am Mr Ogle: Order! Thank you, Rt. Hon. sure of it. Speaker. Is it in order for the Hon. Minister to suggest that the four Members Therefore, Rt. Hon. Speaker, I really thank from Burundi who have been allegedly you. I thank the Committee – the way they recalled by their Parliament have been worked. The law must be respected, as I undermining the Partner State they are said, and I just want to finish off by saying coming from? that these Members are welcome at home. (Applause) No one is running after them The Speaker: The Hon. Minister in her and home is always home. Thank you - debate started by stating the importance of (Applause). law and said, the law must be respected and that at the end of the day, much you The Speaker: Thank you so much, Hon. represent the totality of the East African Leontine, Minister for EAC Affairs from citizenry, we come from Partner States and the Republic of Burundi for putting on we understand our Partner States best and record of this great Assembly that our we must always consult with them because Hon. Colleagues are safe; they are at liberty to go back home, consult with the

Thursday, 4 February 2016 East African Legislative Assembly Debates people they represent in Burundi and other privileges, I think the Committee did their parts of East Africa. This august House best and I want to thank all members has heard you loud and clear. We thank because today it is all of us indeed. you for the assurance on behalf of the Government of Burundi - (Applause). So, in that spirit, Mr Speaker, let me start by thanking Hon. Zein for his position and Hon. Members, allow me to invite the his feelings on the issues that he wanted us Chair of the Committee to respond to to come stronger. But I think now he is issues raised as per the report, which he convinced indeed, why as a Committee we brought to this House as part of the bigger had to be very specific and limited to this. body of the debate of the motion. Then encourage him that some of the issues he wants or feels were not well The Chairperson of the Committee on addressed – we could look into the next Legal, Rules and Privileges (Mr. Peter reports and look at how some of those Mathuki) (Kenya): Thank you very things could be addressed. I am sure he is much, Mr Speaker. Let me rise from the competent to debate those things in the onset to thank Hon. Members of this next reports. Therefore, I would like to Assembly for associating themselves and thank you Hon. Zein - (Applause). supporting this report. Because Rt. Hon. Speaker, indeed the report does not in any Hon. Kiangoi, thank you for ably bringing way contradict the motion. It is only the out the issues on the Doctrinal Principle issues that are coming out but I appreciate. particularly on Parliamentary Practice. I Indeed, it also supports your position, think that came out very well. Of course, which you took and you ably giving comparison between how we do it communicated to the Speaker of the in Parliament and how it is done in courts. Burundi National Assembly. I think that is the way to go because it is important we appreciate that we have a I appreciate some emotions that seem to be role as Parliament. Hon. Kiangoi brought coming from some Members. That is it out very well that there is a difference healthy, Mr Speaker. It is healthy because between Parliament and courts of law. He we are defending the position; the outlined how things are supposed to be privileges of Members of this Assembly. done in court and how we are supposed to That is what we are supposed to do. We do it in Parliament. It was very clear that cannot and we are not expected to do indeed a resolution can be made in this anything less. House today and in the next Parliament, they may decide to change unlike what So, for those who wanted the Committee happens in courts. So, I think I want to to do more, I want to thank you. It is only thank you. that the limitation of what we were supposed to do. Thank you very much, Hon. Dora, for being a very competent member of the I want to thank Members starting with the Committee and your guidance plus the Hon. Members who talked about these as issues that you have raised in support of legal matters. Indeed, we must appreciate the report. We always learn from your that we must be careful in how we do the expertise and we do not take your wording and reporting. expertise for granted. Some of the issues Members felt deem to I want to thank Hon. Martin Ngoga. Thank be addressed like matters of security. I am you very much. You made the Members sure that will be addressed by the report in understand that this is a legal matter and I the Committee that deals with matters of think we are to deal with it legally. security. But when you come to matters of

Thursday, 4 February 2016 East African Legislative Assembly Debates

Therefore, we could not do anything. And to very brief and to the point, as I am I think, Mr Speaker, I have also taken time always. to appreciate that in Parliament we do things very differently from how other fora Now, this is a very sad day. This do, for example, the civil society Committee, with a lot of respect, lost an background and so on. I appreciate and I opportunity. This was a wasted think that came out from Hon. Ngoga very opportunity, I must say. Before this report, well. I had a lot of respect for this Committee – I thought the finest legal brains of this I want to thank Hon. Mumbi - (Applause) - Assembly were members of this for her submissions and of course Committee. I had a lot of respect for them. supporting the report and feeling that the In fact there was no Committee that I Committee should have been given more respected more, only second to Regional – days to look at this. She had proposed that (Laughter)-where men and women who the Committee be given some more days. have a lot of regard for principles – (Interruption) - The Speaker: Hon. Chair, I wish you could help this House and move a little Ms Byamukama: Order. Mr Speaker, Sir, faster. We have a very big report to deal is it in order for Hon. Ogle to impute legal with and today is our last day. minds on this particular Committee are not respectable or do not have the requisite Mr Mathuki: Yes. Thank you. Rt. Hon. expertise just because he differs in Speaker, I stand guided. opinion? Is it in order that he refers at such to Hon. Members of this House? Is he in I would like to thank Hon. Sarah for her order, Sir? submission on matters of balance between the Constitution of Partner States and the The Speaker: Hon. Ogle, the Assembly Treaty. does not audit the capabilities of Members based on their professions. We all have I thank you, Hon. Opoka for how you different professions and our depth of raised issues in support of the report. I appreciation in our professions is variant thank you, Hon. Dr Nduwimana for and it is not our duty tom assess our empathising as a Parliament and the Hon. Minister, Leontine for your submission capabilities in terms of our professions. and assurance to the Members that their Secondly, all Committees of the Assembly security is guaranteed. are equal and they all deserve equal respect - (Applause). Hon. Ogle, please Mr Speaker, I really want to assure proceed. Members that it is in our interest that we protect our tough and we protect the Mr Ogle: Rt. Hon. Speaker, if only my privileges of Members. And I think this Hon. Colleague dared to listen to what I Committee commits to continue doing was coming to. that- protecting the interests and privileges of Members. Thank you, Mr Speaker. Ms Byamukama: Mr Speaker, Sir, the Rules of Procedure say that when an order The Speaker: Thank you so much. I has been moved and the Speaker has ruled, would like to invite Hon. Ogle, the mover we do not debate the matter. Is the Hon. of the motion and to attend to the Member in order? amendment of the Committee specifically. The Speaker: The Hon. Member is just Mr Abubakar Abdi Ogle (Kenya): now beginning his debate afresh but I am Thank you, Rt. Hon. Speaker. I would like advising that the matter was in the hands

Thursday, 4 February 2016 East African Legislative Assembly Debates of the Speaker and the Speaker has ruled. Secondly, I think the lawyers in the Proceed with your debate. Committee of Legal should have understood the provisions of natural justice Mr Ogle: I do not want to proceed there that I was the mover of this motion. but I have not spoken anything for a However, I was not given a chance to Member to stand up on the Point of Order, come and defend this thing before them. really - (Laughter). I find it ridiculous. Perhaps if that happened, then we would have covered a lot of compromise ground. Rt. Hon. Speaker, in an attempt to sound They did not do that. They did not also nice; in an attempt to appear appeasing; in have the courtesy to call the seconder of an attempt to be conscious of some other the motion, Dr James Ndahiro; they did funny extra issues, what the Committee not. They did not even further have the succeeded in doing was to dilute the courtesy to call even the four Members authority of the motion I moved clearly who are affected in this motion. So, where and I object to that very strongly. is justice? What have they done? What I am not happy with the way they reduced happened to the legal minds in that the essence of that motion to what they Committee? (Laughter) have provided for. I agree to some extent I am not surprised they were able to dilute that the core aspect of the motion has been the message of my motion in that context. maintained - (Applause). It is something So, with that reason alone, I also object to related to the security and privileges of the the amendments suggested by the Members. That one we all agree on. Committee. However, trying to sound diplomatic on a Thirdly, a very critical point here is a matter as grave on our privileges and matter related to the security of the immunity is beside the point. We must Members. I take cognisance of the point learn to say things as they are. Now, we made by the Hon. Minister in relation to are talking about condemning in the the security of our Members. But let it be strongest terms; we are talking about the on record that one of the Members affected future of this Assembly- the integrity, the by this so-called recall has had several of reputation, the place of this Assembly. If his family members either abducted or we do not talk for ourselves, for God’s killed in Burundi. That is a matter we sake, who will? (Laughter) should not take for granted. It is very Now, do you really have to be conscious critical; it is something to do with the about the fact that the Assembly is part of security of Members. the building towards achieving that So, when my motion was calling for the political federation under Article 11(3) you enhancement of the security of Members, I have mentioned here? I do not think so. was conscious of those kind of things You really have to stand up for this happening and it has happened. So, I Assembly now. And that one does not believe that the Committee should be need the use and application of any given further time to do a thorough job. diplomatic and nice words. You really (Laughter) They have not done it as it is have to say things, as they are - now. Thank you for listening to me. (Laughter). The Speaker: Thank you so much, Hon. Now, in that context, Mr Speaker, I object Ogle. Hon. Members, now we are faced to the dilution of my motion in the context with a situation to make decisions. You the Committee provided. see, this being a rule based institution, now that the Committee had presented its

Thursday, 4 February 2016 East African Legislative Assembly Debates position that tends to amend the motion of Legal was by way of enriching the debate Hon. Ogle and Hon. Ogle has rejected the – it was inputting into the bigger debate. amendment. The only way out is now to subject the matter of the Committee to a Now in that debate came a proposal for the vote and then we go to the final motion. amendment of the motion, and now we need to address ourselves to the proposal, Mr Mulengani: Mr Speaker, I rise that which came in the debate to amend the you guide me properly so that I take a motion- the prayers of the motion. If those decision with a sober mind and with proposals carry the day, then the motion is proper guidance. still in the House but with amended prayers and then we pronounce ourselves Mr Speaker, if we pronounce ourselves to on the motion and the new prayers as the report of the Committee in affirmative amended. Are we clear Hon. Members? – containing the proposals to amend, it is just consequential that the motion has been Hon. Members: Yes. amended. You need to guide us properly. The Speaker: Thank you so much. The Speaker: Exactly that. I am saying, Hon. Colleagues, that there is amendment Mr Mathuki: Hon. Speaker, I think we to the motion as moved. Now, the mover are properly guided but just to draw to the of the motion is not accepting the attention of the Hon. Members that the amendment and if the mover had accepted, amendments that the Committee is we would have gone straight to put a recommending are not in any way question on the report and then on the changing the principle. Therefore, Mr motion, meaning the prayers of the motion Speaker, I am asserting this – are contained as presented by the (Interruption) – Committee. The Speaker: Hon. Chair of Legal, I think In the absence of that, we have to dispose the Speaker has guided and I am going to of the proposal from the Committee. After put the question on the amendment of the we have disposed it off, then we go back motion of Hon. Ogle as brought forward to the motion. by the Chair of Legal on behalf of the Committee. Mr Zein: If I could state a position, which says – under Parliamentary Practice, the (Question put and agreed to.) report is amending the motion. If we adopt The Speaker: Hon. Members, we have the report, it will mean that we have before this House a motion moved by Hon. amended the motion and the motion has Ogle with prayers as amended. I now put been expanded. The motion would have the question to the motion as amended. been done if we were firm. Only if we defeat the report with the amendment, then (Question put and agreed to.) we go back to the motion. But if we pass the report with the amendment, there will MOTION FOR THE CONSIDERATION be no need to go back to the motion. AND ADOPTION OF THE REPORT OF THE COMMITTEE ON REGIONAL The Speaker: Hon. Members, as stated AFFAIRS AND CONFLICT earlier that the report is part of the bigger RESOLUTION ON THE PUBLIC debate of the motion. So, we are HEARING ON A PETITION BY PAN pronouncing on part of the debate of the AFRICAN LAWYERS UNION ON THE motion. Unless I am guided otherwise by DETERIORATING HUMAN RIGHTS AND HUMANITARIAN SITUATION IN the CTC or otherwise, I stated it clearly, BURUNDI that the report from the Committee of

Thursday, 4 February 2016 East African Legislative Assembly Debates

The Speaker: Hon. Chair, before I call determined that it has a mandate under you, for purposes of record, I would like to Article 49(d) to deal with such a petition put this forward that this petition was by related to human rights, governance, rule the civil society, but the Pan African of law and democratization. The Lawyers Union (PALU) was just the lead committee organized and held public petitioner. It was not by them single- hearings on 14th, 15th and 25thJanuary handed. Hon. Chair, please move the 2016, in response to the petition led by the motion. You may move the motion from Pan-African Lawyers’ Union(PALU).The there and then when it is seconded you petitioners included six organisations all may move to the podium for presentation. registered and domiciled in East African Community. They are Atrocities Watch MOTION Africa (Kampala, Uganda), Centre for Citizens’ Participation on the African The Chairperson of the Committee on Union (CCPAU) (Nairobi, Kenya), East Regional Affairs and Conflict African Law Society (EALS) (Arusha, Resolution (Mr Abdullah Mwinyi) Tanzania), East African Civil Society (Tanzania): Hon. Speaker, Sir, I beg to Organisations’ Forum (EACSOF) (Arusha move- Tanzania), Kituo cha Katiba – The East “THAT the Report of the Committee on Africa Centre for Constitutional Regional Affairs and Conflict Resolution Development (Kampala, Uganda) and on the Public Hearing on the Petition by PALU (Arusha, Tanzania). Pan African Lawyers Union on the The Committee also extended invitations Deteriorating Human Rights and to stakeholders to participate in hearings. humanitarian situation in Burundi” be Several key stakeholders on the Burundi adopted. I beg to move. situation appeared before the committee. The Speaker: The Motion I seconded by They include representatives of the Hon. Kimbisa, Hon. Kizigha, Hon. Zein, government of the Republic of Burundi, a Hon. Dora, Hon. Ogle, Hon. Martin, Hon. select number of opposition leaders, Hafsa Mossi, Hon. Taslima, Hon. members of civil society organisations Rwigema, Hon. Dr Martin, Hon. Opoka, from the Republic of Burundi and a Hon. Nengo and all the Members standing. representative of the Burundi Journalist So, Hon. Chair, can you, please proceed Union. Those who appeared and addressed and read the report to the House. the Committee include: Mr Mwinyi: Thank you very much, Rt. Burundi Civil Society, Media, Women Hon. Speaker, Sir. Movement and Political Opposition i. Ms. Nkunzimana Jeremie, Chief Introduction Executive Officer ii. Mr. Nshiuriuana Vital, FORSC On 16th November 2015, a petition of the iii. Mr. Nditije Charles, UPRONA citizens of East African Community on the Party, Burundi deteriorating human rights and iv. Ms. Justine Nkurunziza, humanitarian situation in the Republic of President, COSOME Burundi was presented before the Speaker v. Hon. (Dr.) Jean Minani, of the East African Legislative Assembly CNARED, Coordinator, Africa (Annexure 1). The Assembly, in turn, vi. Ms. Marie Louise Baricako, forwarded the petition to the Standing Chairperson, Women and Girls Committee on Regional Affairs and Movement in Burundi for Peace Conflict Resolution. The Committee and Security

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vii. Mr. Alexandre Niyungeko, Chairperson, Burundi Journalist Union Procedure for Public Hearing viii. Mr. Gateretse JM, Consultant The Committee held three sessions to ix. Mr. Richard Ninubona, discuss method of conducting the public APRODH, Judicial Observer of hearings and generating a report for the Prisons plenary. The committee prioritized several

procedural issues in their deliberations. Government of Republic of Burundi First, the committee established that the Delegation Assembly has a mandate to deal with this petition. This is as articulated in Article 49 i. Hon. Leontine Nzeyimana, (d) of the Treaty for the Establishment of Minister for EAC Affairs, the East African Community, which Burundi mandates the Assembly to “discuss all ii. Sen. Joseph Ntakirutimana, matters pertaining to the Community and Senator and Vice to make recommendations to the Council Chairperson, CNDD-FDD Party, as it may deem necessary for the Burundi implementation of the Treaty.” Second, iii. Hon. Lazare Mvuyekure, MP, members agreed that the conduct of the National Assembly of Burundi hearings would follow a defined pattern. iv. Hon. Agustin Nzojibwami, Petitioners and stakeholders would present Chairperson du SAGWE- their petitions followed by questions and PADER Party, Burundi clarifications from Members. Petitioners v. Mr. Gilbert-Becaud Njangwa, would then be invited to respond to President of ONELOP-BDI questions and give clarifications. Members vi. Mr. Andre Ndayambaje, Director agreed to refrain from articulating their General of Burundi Police positions during the hearings. vii. Mr. Nestor Kayobera, Director, Ministry of Justice, Burundi The committee agreed to withdraw back viii. Mr. Jacques Bigirimana, FNL into a meeting to deliberate on the public Party, Burundi hearings and agreed to provide the ix. Mr. Jean de Dien Mutabazi, rapporteur with instructions on the drafting Chairperson of RADEBU Party, of the report, which will be discussed and Burundi adopted by the Committee for onwards x. Mrs. Concilie Nibigira, Leader of transmission to the plenary. Finally, the the UPRONA Party committee agreed to allow members to xi. Mr. Amos Gerson Ndimurwanko, submit written proposals, observations, Liaison Officer, Burundi and recommendations as part of record for Embassy in Arusha/Dar-es- the petition. The committee further Salaam mandated the chair to speak to the media xii. Mr. Jean Marie Nduwimana, on behalf of members regarding the President, Civil Society, Burundi proceedings of the hearing and tasked him xiii. Mr. Francois Xavier Ndaruzaniye, to invite any citizen of EAC with President and Legal additional information, contribution to Representative, Izere avail it to the committee. Ntiwihebure, Human Rights

League, Burundi

xiv. Mr. Valentin Bantwayegusa,

Legal Adviser, CNDD-FDD,

Burundi 26

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The Petition: Written and Oral at least 130 people reported killed in Bujumbura and other parts of the country. In his oral submission recorded in the The petition addressed itself to three main Hansard record, Donald Deya, citing The issues: Citizen, 13th January 2016 noted that ‘a total of 267,747 refugees that had fled to I). the human rights violations; just three countries: 17,747 to Uganda; ii). humanitarian crisis; 175,000 to the United Republic of Tanzania; and 75,000 to the Republic of iii). the political crisis. Rwanda.’ It notes that though the Government of Burundi ordered It also provided recommendations and the investigations into the killing, ‘no single way forward. The details are contained in case has been concluded…’. Further, while the petition submitted to the Speaker and referring to UNHCR, the petition cites supplemented by oral submissions of the th ‘growing numbers of arrests, detention and hearing held on 14 January 2016. It is assassination attempts of human rights important to note that the oral submissions defenders, journalists, and military confirmed but also updated the original th officials.’ By April 2015, the petition submission of 16 November 2015 and reports that the UNHCR has reported ‘over this summary captures the updates as 197,000 Burundians’ had fled the country reflected in the Hansard Record (Annexure ‘after having been harassed, having 2). witnessed enforced disappearances and The petition notes that the origins of the murders by the Imbonerakure, the youth human rights and humanitarian crisis is in wing of the ruling party, CNND-FDD. the ‘political crisis’ resulting from support The petition takes note of the measures for and opposition against, by sections of taken to date by various organs and Burundi population, for the candidacy, for institutions of the EAC in addressing the a third term, of President Pierre Burundi crisis but regrets that these have Nkurunziza. The human rights crisis, it been followed by either non-compliance or notes, resulted from, on the one hand, the scaling down on requirements. These action of the police, security officials and include the hosting of 3 Extraordinary members of Imbonerakure (the youth wing Summits on Burundi (13th May 2015, 31st of the CNDD-FDD), of ‘violently cracking May 2015 and 6th July 2015), the decisions down on demonstrators and protestors’ of the East African Court of Justice, and and, on the other hand, ‘the counter the missions of EALA. With respect to response by a section of the population EALA, the petition says that ‘while the taking up arms and confronting the police, EALA participated in the joint East security officials and members of the said African Community (EAC) Observation Imbonerakure.’ This has led to internal Mission to the Burundi Elections, it has displacements within Burundi and to many not otherwise deployed its mandate and seeking refuge in neighbouring countries. powers, under the Treaty for the The petitioners estimate that this has Establishment of the East African triggered ‘one of the largest refugee Community, to the deepening political, situations that the East African/Great human rights and humanitarian crisis in Lakes region has encountered in the last Burundi.’ decade.’ The petition further elaborates that the last The petition outlines the consequences of Summit appointed HE President Yoweri this crisis including the assassinations, Museveni to mediate in the Burundi crisis extrajudicial and arbitrary killings. It cites but points out that the ‘mediation has since 27

Thursday, 4 February 2016 East African Legislative Assembly Debates then stalled.’ In fact, in his oral President Pierre Nkurunziza and the submission, Don Deya cautioned against CNDD-FDD political party regarding the assumption that ‘there is something President Nkurunziza’s then impending serious going on.’ Discussing the question candidature.’ The second refers to ‘The of compliance to EAC requirements, he Summit of the East African Community confirmed that PALU ‘had mobilized (EAC), International Conference of the Burundian human right lawyers’ activists Great Lakes Region (ICGLR), and the at the Extraordinary Summits to ensure African Union (AU) all called for a that the voice of the people was being postponement of the Presidential Elections heard’ but regrettably noted that a candid to enable negotiations and consensus- analysis even ‘from a purely academic building, which was not heeded to.’ The standpoint’ of the three communiqués that third and last is ‘The Election Observation the Summit issued on Burundi shows ‘the Mission from the East African Community trajectory is downwards.’ He said, ‘First (EAC) determined that the elections were Summit – very resolute, laying out the not free, fair, participatory or inclusive.’ principles, directing that certain pieces of action be taken and on the basis of which There is some variance between the there would be a follow up Summit. written and oral petition regarding the Where those actions were taken, the follow prayers the petitioners requests the house up Summit was full of hesitation and a and/or the committee to undertake. This is decision that begins becoming meek and mainly because some of the prayers in the weak by the Third Summit. Now really, petition had been overtaken by events. But the statement does not say much. And we broadly, the following are the requests in are told that a lot of the instructions around the oral submission (See Annexure 1). how the negotiations should have taken i. Openly condemn the - place were actually not in the communique.’ a. Assassinations, extrajudicial and arbitrary killings There was, in the view of the petitioners, b. Use of inciting and incendiary similar non-compliance with decisions of language the EACJ with reference to EACJ Ref. No. c. Inordinate use of force by the 7 of 2013 and EACJ Ref. No. 1 of Police, security officials, 2014(Annexures 3 and 4). In fact, the members of the Imbonerakure political crisis continues to simmer partly and all other armed Non-State because of acts of omission. It cites three Actors that have taken the path of examples in the oral submission and violence to achieve their concludes in the oral submission that objectives ‘Unless the political crisis is resolved, preferably through all-inclusive mediation, ii. The House or a Committee within it, to then the human rights and humanitarian undertake an urgent Fact-finding Mission into crisis will only continue and possibly deteriorate even further.’ The three Burundi. examples include the following: First, iii. The House to make a strong ‘Attorneys’ General of the East African recommendation to the Summit TO Community (EAC) determined that the SUSPEND the Republic of Burundi from the candidature, for a 3rd term, of President EAC. Pierre Nkurunziza, was unlawful. However, the EAC Summit failed or iv. The House to make a strong neglected to act in accordance with this recommendation to the Summit that the advice, even merely to publicly admonish Republic of Burundi cannot and will not

Thursday, 4 February 2016 East African Legislative Assembly Debates assume the rotating Chairmanship of the c) Activating the sanctions regime Summit of the East African Community of the African Union (AU) (EAC), until resolution of the political, human d) Enhancing the numbers and rights and humanitarian crisis in Burundi. capacity of the Human Rights Monitors and Military Monitors v. The House to make a strong deployed to Burundi recommendation to the Summit that the Republic of Burundi cannot and will not nominate a candidate for the position of viii. In this regard, the House to consider Secretary General of the EAC, which will be dispatching a Delegation to interact with the an agenda item at the next EAC Summit African Union (AU) in Addis Ababa, Ethiopia. (scheduled for February 2016). Background Issues vi. The House to request the African Union (AU) for robust leadership in intervention and Two critical points need to be stated mediation in the political, human rights and upfront. First, in their submission to the humanitarian crisis in Burundi, especially Committee, several members of the because the AU has a more comprehensive Burundian government delegation referred and far-reaching legal and institutional to the post-colonial history of Burundi. framework for intervention than the EAC They suggested that it has been a sad and currently has, including: - tragic history, one “where people talk about death, refugees, hatred, etc.” They a. The Constitutive Act of the insinuated that to understand the current African Union, 2000 crisis one must understand this sad and b. The Protocol relating to the tragic background. Second, the establishment of the Peace and government delegation as well as the Security Council of the African opposition and civil society organization Union, 2002 all agreed that a key instrument in the c. The African Charter on Human history of Burundi that restored peace and and Peoples’ Rights, 1981 provided a basis for co-existence was the d. The African Charter on Arusha Peace Accord. The Arusha Peace Democracy, Elections and Accord provided a basis for dealing with Governance, 2007 many elements that help the people of Burundi. vii. In particular, therefore, the House to call upon the Chairperson of the Assembly of At its sitting on 16th January 2016, the Heads of State and Government of the AU to committee deliberated on these two points take concrete steps towards preventing as they discussed the possible structure of Burundi from descending into Genocide or the report and agreed, among other things, mass atrocities, including: - on the need for background section in the report. The Committee will therefore a) Urgently deploying the preface the detailed discussion of the Peacekeeping Contingent as hearing and its core themes by providing a directed by the African Union brief and extremely sketchy background to Peace and Security Council (AU- act as a pointed to members and enable PSC) in the Communiqué of its them frame the issues that were canvassed 565th Meeting, Addis Ababa, on during the hearing. 17th December 2015. b) Suspending Burundi from the The key issues that members might wish to AU. pay attention to include four;

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i. Burundian colonial experience ways in which the violence is expressed. ii. The post-colonial situation, This is the reason why the Arusha Peace iii. The Arusha Peace Accord, and, Accord is seen as central to the solution iv. The role of EAC Partner states as because it focused on the political problem guarantors. by addressing the ideology of exclusion and marginalization embedded in Burundi politics. The Accord also cited EAC These issues will not be elaborated on but member state, the AU and UN among reference on specific documents is others as guarantors to the mediation and encouraged. sustainability of peace in Burundi. It is important to remember that Burundi’s The Hearings colonial and post-colonial experience have witnessed violence of mass atrocities Key Issues in the Petition Elaborated proportions. When the government delegation spoke of the history of Burundi being tragic, they implied that that tragedy The details of the written and oral petition involved cycles of civil war, genocide and are presented above. However, a number death. War and genocide in Burundi is of Burundian stakeholders including thought of as being ethnic in origin and representatives of opposition political character; it always begins with and parties, civil society, women movement always pits Tutsi versus Hutu. However, and the media elaborated on the petition. this rendering of the history is inaccurate The Committee captures the key issues as the historical record shows and as they articulated in this section. government of Burundi, delegates and The stakeholders who spoke on 15th opposition, stakeholders who testified January 2016 broadly agreed with the indicated to the Committee. petition, elaborated and illustrated its key To freeze this tragic history in ethnic prayers. Central to their argument was the explanation is to assume there is no ‘logic’ assertion that the problem in Burundi is a in war and to assume that ‘people simply political problem. They also clarified how act out a role prescribed by their ethnic this problem has mutated into an ethnic identity.’ It also means therefore that both problem, citing parallels with the 1994 Hutu and Tutsi are homogeneous; there is genocide in Rwanda. The political nothing among them that is crosscutting problem, for them, found immediate and nothing within them that differentiates expression in the third term question them. In fact, such internal differences revolving around President Pierre existed in pre-colonial Burundi. Nkurunziza’s decision to run for elections in 2015. The history of mass atrocities state in Burundi must be located primarily with the According to them, this decision was onset of the modern colonial state. Indeed, against the Arusha Peace and the cycles of violence in Burundi have Reconciliation Agreement. This been the consequence of struggles over the Agreement, to them, is the instrument state. This has therefore defined the nature designed to ensure peace and stability in of the conflict the committee is dealing Burundi. As one presenter summarized, with. The Burundi problem is a political “The main idea contained in the Arusha problem; its actual execution finds Peace Accord is the fight against the expression in ethnic terms. Without ideology of exclusion and genocide.” The dealing with the problem, we will be Accord was designed to end exclusion and unlikely to effectively deal with the other marginalization in Burundi. Though it is

Thursday, 4 February 2016 East African Legislative Assembly Debates not perfect, the stakeholders repeatedly detentions. Pictures of some of the notable confirmed that it was the touchstone and instances of murders were shown and baseline. Indeed, they demanded this as submitted for record (Annexure 5). For the basis of dialogue stating that dialogue instance, Mr. Nshirimana cited the goes with Arusha Peace Agreement. admission in January 2016 by Mr. Martin Nivyabandi, Minister in charge of Human They know that the Accord is not perfect Rights who recognized that ‘10,000 cases but it has been our solution. That solution, of sexual assault were committed.’ Other added Ms. Baricako, is what we are than the rapes, there were gruesome holding to go for peace. Whoever wants killings and cases of mass graves. The peace must go through Arusha Accord. most recent are revelations by Amnesty ‘We don’t want to review it; whoever International of suspected mass graves of wants to lead Burundi must built on the people killed on 11th December 2015 in Accord; improve it and expand it. But nine different locations that the don’t break it.’ Arusha Agreement must be organization’s researchers identified and the pillar of whatever conclusion is confirmed using satellite technology. It achieved. was explained that since May, 2015, ‘mass graves have been identified in Kamenge, The challenge though is that following the Kinama, Rumonge, namanga, Karusi, decision to run for the third term and the Bukinanyana, Mpanda, Mutimbuzi, failure to pass it through parliamentary Muramvya and Karusi just to name a few. process, the political problem has mutated The UN High Commissioner for Human in many ways and has become intractable Rights recently confirmed some of these every day it is not addressed. Not only has it undermined the legitimacy of parliament cases. and judiciary in the eyes of opponents of Cases of human rights abuse identified at the government, it has also led to problems the hearing included restrictions on that are more intractable. The main freedom of expression, association and expression of the intractable problems, movement. This has entailed the according to Mr. Vital Nshirimana, is the ‘suspension of leading civil society awful crimes and human rights abuses that associations widely known for their have become prevalent in Burundi. They commitment to speak on behalf of the include killings and rape but also the voiceless.’ Further, detentions and silencing of human rights defenders and disappearances have become common democracy watchdogs. They argued that with the danger that the state prison system the clampdown on peaceful has limited capacity to hold those arrested th demonstrations on 26 April 2015 was a and detained under humane conditions. major moment in human rights violations. Since then, the ‘human rights and The government delegation (discussed humanitarian situation has deteriorated below) also spoke to this but did not considerably where 1,087 persons have provide detailed information on prison been killed and more than 232,000 capacity. The breakdown of law and order Burundians have fled the country to leave has aggravated the situation with [sic] in precarious conditions. Many are kidnappings, assassinations, murders, flying for a second or a third time due to torture and extra-judicial killings being the Burundian crises.’ committed on a daily basis. Kidnappings and ransom have also increased amidst a Most presenters gave a gruesome picture complex but fragile situation where of the nature of the crimes and human perpetrators are rarely apprehended. The rights abuses including details on refugees rising levels of incitement and hate, at and internal displacements, arrests and times articulated by state officials and 31

Thursday, 4 February 2016 East African Legislative Assembly Debates other public figures, have only worsened crimes or hate messages are never arrested the situation. The example of statements and convicted. by the Vice President, Mr. Gaston Sindimwo and Mr. Alain Guillaume Part of the answer to this question, the Bunyoni, Minister for Public Security, to presenters suggested, was the breakdown name but these two, were cited and of law and order and the inability of recorded in the Hansard(See Annexure institutions of governance like the 1).There are other cases of incitement to Judiciary to exercise their mandate. This hate not detailed in this report but recorded has meant that government is either unable in the Hansard. to ensure security or it is complicit in this breakdown. The presenters explained both The presenters put responsibility for the scenarios. They identified the party youth, increasing collapse of civic order at the Imbonerakure, as largely responsible for doorsteps of government. They found the the rising insecurity. For them, the government to be, on the one hand, confirmation that Imbonerakure was in intolerant to dissenting political views and, fact a militia group came from a report by on the other hand, complicit in the fast the UN High Commissioner for Human deteriorating security environment. Rights who in April 2015 formally stated Politically, intolerance began through in writing that Imbonerakure was proven a labelling of persons, politically or militia. In terms of its structure, it was ethnically. The distinction between explained that Imbonerakure started as a ‘talkative minority’ and ‘silent majority’ CNDD-FDD Party youth wing, as any was an instance in which people were party youth across all the partner states, being labelled and set up for harassment designed to prepare future leaders. Its and attack. The presenter cited the structure therefore conformed to the statement of Mr. Alain Guillaume Bunyoni structure of the party and it was widely who described protestors as a minority. To present across the country into the districts them, this was an opening salvo in what and neighbourhoods. However, in has become a campaign of targeting those Burundi, this youth began to expand and who do not share the government political acquire functions that were not strictly of a position. youth development character. They acquired arms and have become a militia, The target has occasionally been ethnically at times even assuming the functions defined. However, on other occasions, it originally reserved for the disciplined has been against human rights defenders forces. The presenters report that and media personalities. Examples of Imbonerakureare reported to work closely those who have been assassinated or died with the police and defence forces and are in questionable circumstances are also known to assist state officers in making presented in the Hansard record. Indeed, arrests. the presenters worried that the massaging and packaging of words indicate a gradual It was the testimony of several presenters shift towards a genocidal trend; a danger, that some of Imbonerakure youth have they pleaded, that should not be ignored by been guilty of murder and targeting of the EAC. The use of slogans like opponents of the government. They cited ‘tuzobamesa’ (we will wash you) used in a the example of Mr. Geva Nduwimana. CNDD-FDD demonstrations of 10th April Having pleaded guilty of murdering four 2015 or ‘Gukora’ define this dangerous Italian nuns, Mr. Geva Nduwimana was hateful trend. The critical, pressing and later sent to peacekeeping mission though persisting question that was repeatedly he is not listed in the army. The presenters raised at the hearing was why convictions showed his picture in an AU military against perpetrators of these heinous uniform. 32

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The presenters asserted that Burundi’s brink. It was reiterated that Burundi is one participation in peacekeeping missions of the poorest countries in the world; masked a growing peace and security corruption is rife and people are being deficits at home. With respect to peace, killed randomly. The judiciary and they averred that the provisions of the election management body are not Arusha Peace Accord on the ratios to be independent; things are upside down and maintained in the army and police had appointments go to people who have no been broken thereby allowing for higher levels of education. There are too exclusion and marginalization to re- many governance abuses and the emerge. Tutsi members of the army, they ‘President wants simply to be president; claimed, retired and were not replaced. In but no reason why he wants to be their place, the CNDD-FDD took president.’ In this situation, even the chain advantage to reinforce the role of the of command in the disciplined forces has militia, Imbonerakure. They concluded broken down and Imbonerakure are acting that the ‘militia is now playing the role of as a parallel force. It was argued that the the army and the police to the extent that Inspector General of Police, Mr. Andre Imbonerakure go for peacekeeping Ndayambaje, and the Minister for Defence missions.’ They called on the AU and UN do not have operational command and to decide on the repatriation of Burundi control. Burundi security forces are no peacekeepers alleging that each longer able to protect civilians and the peacekeeper is required to ‘contribute’ levels of mobilization in the country are USD200 per a month to President Pierre such that ‘Imbonerakure are ready to Nkurunziza. Furthermore, the supported commit genocide.’ the idea of an AU peacekeeping force in Burundi. Key Issues in Government Perspective The presenters raised the issue of The Government of the Republic of responsibility to protect, an idea that had Burundi appeared before the committee on th also been canvassed by the petitioners. 25 January 2016, and it was represented Asking why EAC has not played a major by a delegation led by Hon. Leontine role in the Burundi crisis, they wondered Nzeyimana, the Minister Responsible for why ‘Burundians are screaming, crying EAC Affairs in Burundi. The delegation and calling for help while people are just however included a mix of representatives watching. We do not know where help will from government, political parties, and come from and how it will come.’ civil society. This delegation took a long- Speaking on behalf of the women of term view of the Burundi crisis with one Burundi, Ms. Baricako stated that ‘I delegate describing the post-colonial believe that the East African Community history as tragic. On her part, the minister has a responsibility to be there, to help, to noted ‘As it has been happening in protect and to rescue. If you cannot do Burundi since the early 1960’s, the that, what is the point of being a electioneering period was marked by community?’ Dr. Jean Minani who negative propaganda intended to create in challenged EALA to act and expressed Burundi a political and institutional confidence in Arusha Accord as the instability. Most of the delegates therefore unifying factor that brought peace acknowledged that indeed there is a crisis expressed similar sentiments around the in Burundi and attributed it to what they role of EAC. referred to as the radical opposition. The requests for protection are predicated The delegates defined the radical on the argument that matters are growing opposition as a group of opposition worse and Burundi is fast getting on the politicians who, working to collaboration 33

Thursday, 4 February 2016 East African Legislative Assembly Debates with segments of civil society and the prove the impossibility of elections[sic].’ media, have spawned rumour and However, as the delegate cited above propaganda against the Government of the notes, and as another one from civil Republic of Burundi. This radical society quoted below complements, there opposition, according to the submissions were other opposition parties that ‘wish and oral testimony, organized itself in [sic] to attend to the elections as our party advance of the elections around an alliance FNL…’ Distinguishing themselves as the of democrats for change known as ADC- ‘democratic opposition’, the delegate IKIBIRI (Annexure 6). As such, the so- noted that this radical opposition has since called third mandate, which the Minister undertaken a campaign of demonization leading the delegation referred to as which attacks the ‘Burundian national ‘second universal vote ‘was a mere forces for defence and security and the ‘additional pretext’ since ‘this issue had young people affiliated to the political been resolved by empowered court such as power “Imbonerakure”’ for horrible the High Court Constitutional Court of killings. Burundi and the EAC [sic] Court of Justice…’ (See Annexure 6) The real aim Civil society and the media were also of the radical opposition was to sabotage a described as accomplices in the campaign democratic process; that is, ‘disturbing the against the Republic of Burundi but with electoral process and the institutions from the caveat that those who were involved this process.’ They did this by generating were few and had mostly fled the country. ‘negative propaganda intended to create in According to the delegates, these had Burundi a political and institutional joined the radical opposition to spread a instability.’ As part of their agenda, they campaign of hatred internationally against generated a noxious rumour campaign … President Pierre Nkurunziza. Their aim, to particularly instil fear and get according to the delegation, was to Burundians to flee the country for provoke international support based on the neighbouring countries before the argument that the country was on the brink elections take place(Annexure 7).’ A core of genocide. According to the Minister, the part of their call, it was pointed out, was to violence was however largely the result of make ‘gratuitous allegation’ including propaganda orchestrated by the same repeated references to arbitrary killings, elements and their accomplices. raping of Tutsi women, imprisonment of Acknowledging that indeed violence had journalists. broken out, she explained that ‘the propaganda above rapidly evolved into According to the government-led violent rioting, destruction of property and delegation, the violence in Burundi now is killing of people. What was preached as largely due to the activities of this radical peaceful demonstrations and mere civil opposition whom they argue support ‘the disobedience became in some use of force, insurrection and even the puts neighbourhood in Bujumbura city a h [sic].’ For them, the radical opposition stronghold of armed violence and violent has been joined by ‘some members of civil attacks to incapacitate the police and society and medium [sic] such as African defence and security forces and topple the Public Radio of Alexis Sinduhije.’ Not Government with the help of foreigners only are these actors collectively interested and ill intended mass media campaign.’ in fanning violence, a member of the delegation also asserted that they were The government delegation defended the engaged in acts of war incitation and forces of law and order as simply engaged simulation to the genocide which cause in doing their work. They showed a video many people to flee with objective to (placed on record) documenting the good work of the forces of law and order (see 34

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Annexure 8). However, these forces of law society activists roam the Region and and order had also been the target of attack Western countries blackmailing the by the radical opposition. According to Republic of Burundi.’ In a statement several delegates, the nature of violence in directed at EALA, a delegate cited ‘some Burundi was minimal and life was back to supposed representatives of Burundi at normal in many parts of the country. In EALA level’ whom he claimed ‘plead fact, they could only identify four places rather for the opposition; which is where violence had been concentrated. prejudicial [sic] to the image of Burundi’ and argued that ‘EALA seems not to be The delegation associated the widespread enough [sic] informed about the security fleeing of refugees to neighbouring and the political situation that occurs in countries to rumours. Asked to clarify if Burundi (See Annexure 6). refugee movement was due only to rumours and fear, they confirmed this to The delegation cited the Republic of be the case. However, they also confirmed Rwanda urging the need to ‘normalize that some of the refugees had returned and cohabitation with Rwanda which is hosting called on others to return. The Minister and Supporting Burundian rebels who expressed her wish ‘that the citizens who keep attacking our country.’ They cited the fled the country for fearing violence ‘disdainful statements’ of the Rwandan erupting from elections, voluntarily return President Paul Kagame’ that they thought in their respective homes which their were ‘devoid of a minimum of respect fellow neighbours have safeguarded, to towards his Burundian counterpart…’ work hand in hand with the other fellow Burundians in order to develop the In a letter addressed to the EAC Summit country. They repeatedly invited EALA to but which was also put on record at the make a visit to Burundi to witness all this hearing, Jacques Bigirimana goes further for itself. to associate the radical opposition with the EAC secretary General cautioning against In response to a question, they described ‘the dangerous proximity of the radical briefly how returning refugees were opposition with the EAC Secretary handled even though they did not identify General Richard Sezibera, who excels in any special government process by which being biased in the process of inter they came back, or by which they were re- Burundian dialogue and who has largely integrated in society. Most of these failed in his mission of diplomacy required refugees, she said, ‘have already safely by his rank (See Annexure 6). Thus, returned home and settled in their own according to these delegates, Rwanda is compounds, they are most welcome in not just instigating tensions in Burundi; it their homeland.’ She however was unable is also actively supporting the radical to provide the numbers of those who have opposition by setting up training camps for returned but promised to supply them to Burundian youth. They cited the Field the committee. This had not been supplied Report of Refugee International as by the time the report was ready. evidence and referred to footage in the video they screened (on record) to The delegates submitted that EALA has a confirm. role to play in helping Burundi restore order. This included ensuring that no They reported also that they had sent a member of the radical opposition is hosted letter to SG that he should never be part of by the EAC Partner state. The minister the team facilitating peace talks in wondered why ‘no strong condemnation Burundi. was heard and some of the perpetrators including military, politicians and civil

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The delegation did not think that the Mrs Concile Nibigira however petition is genuinely owned by PALU as acknowledged on behalf of UPRONA the lead petitioner. Arguing that the Party that since the April 2015 hundreds petition has no ‘factual basis,’ a delegate among police and civilians have died or argued that PALU was being ‘exploited been wounded due to violence. “The and manipulated to lend his [sic] label of UPRONA Party has no doubt that errors “Pan-African organization of lawyers” in have been committed in the management order to legitimize classic false and of such violence and innocent lives have recurring accusations that Burundian civil been washed away by the repression of the society fiercely opposed to the Current insurrection. Cases of kidnapping and Burundian Government….Annexure 9). In extrajudicial killings, rape, torture cases, fact, the delegate asserted that the “Stop At and bodies thrown into mass graves had The Third/Halte Au Troisieme Mandate” sometimes [been] reported.’ To avoid campaign ‘does not even represent 1% of exaggeration and any hasty, subjective and the 6,000 civil organizations regularly biased conclusions, about the scale of registered and active in Burundi’ and these evils and their authors’, she asserted, called on EALA to sponsor ‘a survey ‘the UPRONA Party recommends a mission which will be deployed in Burundi special investigation, free, independent to listen to representatives of 6000 and impartial committee to be put on the organizations [of] Burundian civil society spot to establish responsibility. as a whole (See Annexure 9). In the establishment of this commission, The argument above was meant to de- the United Nations, the African Union, the legitimise the petition for being presented East African Legislative Assembly could with persons without any locus stand on bring their contributions and support to the matter. In particular, the delegates with reassure each other about the credibility of the exception of Mrs. Concilie Nibigira of the procedure.’ She however rejected the the UPRONA Party either framed the prayers in the petition around suspension human rights issue in the petition as the and deployment of peacekeeping result of propaganda by the radical contingent asserting that ‘it is a shame that opposition or orchestrated acts by the same Burundians accuse their country [of] all actors in civil society. They dismissed the those evils.’ idea of peaceful demonstrations and instead argued that the Burundian civil The delegation rejected the idea of foreign society organisations ‘were subject to troops in Burundi terming it as the main prosecution due to massive and horrible reason the radical opposition has been violations of human rights and serious ‘demonizing Burundi defence and security human abuses that have characterized too forces as well as the police’ and [sic] violent demonstrations of April and ‘undertaken a hideous campaign to instil May 2015, which protests culminated in an hatred and ethnic division, and claim that attempted coup d’état (See Annexure 9). there is a risk of genocide in Burundi. ’The Indeed, a delegate provide an accurate and delegation reaffirmed the good work of the sequenced example of one such violation defence forces re-stating that ‘the saying he had many more examples he composition of defence and security forces could not share due to time constraints. as well as the police is in the spirit of the Asked to elaborate, he promised to provide Arusha Agreement for Peace and the committee with more details. These Reconciliation in Burundi. They concluded had however not been received by the time that, in view of this, ‘there will be no this report was ready. genocide or military coup d’état in Burundi anymore.’

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The delegates challenged the petitioner on Their analysis of the situation zeroes down the principal of rotation at EAC and on the argument that having been unable to affirmed that not only should this principal stop elections; the radical opposition be safeguarded but also it should be intensified a propaganda campaign in and implemented as contained in the Treaty. outside Burundi that has resulted in Further, they affirmed their faith in the protests, violence, chaos and killings. Arusha Peace Accord and in the Inter Precisely because they name the elections Burundian Dialogue. They urged EALA to of 2015 as the ‘second universal election,’ send a mission to Burundi to confirm the they sidestep the issue in dispute, that is, truth on the ground. whether President Nkurunziza was running for a third term or not. They refer to Key Outstanding Issues judicial determinations on this issue to seal their argument. There are numerous outstanding issues that the Committee needs to resolve or at least The petitioner and stakeholders who carefully think through as a basis of supported the petition define the electoral providing their recommendations to the contest as a ‘third term mandate.’ They House. Among these are the following: - think it was an illegal attempt at renewal of mandate and against the Arusha a) Political Issues Agreement, which they define as the b) Human Rights violations cornerstone for peace in Burundi. By c) Youth and Insecurity abrogating the Arusha Agreement, they d) Humanitarian Issues argue that the government in the Republic e) Role of EAC partner states: of Burundi has lost credibility and Rwanda legitimacy not just locally but by f) Role of AU/UN implication, also internationally.

We discuss each in turn. The Committee confirms that precisely because the problem is political, it is 1. Political Problem: extremely difficult to envisage a judicial All the presenters at the hearing solution that will last and restore peace in acknowledge, whether explicitly or Burundi. This is true not just for Burundi implicitly, that Burundi faces a crisis. They but many other countries that have a also implicitly or explicitly agree that this protracted history of violence, chaos and crisis has major political connotations. In war. Therefore, by sidestepping the essence, it is a political crisis involving a question whether President Nkurunziza real or perceived struggle over the modern was going for a third mandate or not, the Burundi state. They also agree that there is Government of Burundi will not solve the a relationship between the political problem we understand they wish solved. problem, on the one hand, and the human To solve the problem, we must confront, rights and humanitarian consequences on not the legality, but the legitimacy of the other hand. They all demonstrated a President Nkurunziza’s new mandate. desire to end the crisis in Burundi. They however disagree on who is responsible Those who are contesting his new mandate for the political problem and how to solve are raising both legal and legitimacy it. questions. The problem is that they are also questioning the legitimacy of the The government-led delegation attributes institutions that could, or that they have, the cause of the political problem to the adjudicated and determined the legality of ‘radical opposition’ and their allies in a the new mandate. Whether the government segment of civil society and the media. of the Republic of Burundi likes them or

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not, members of the opposition are now to solve political crisis in the region have active and indispensable players in the been sequenced. dispute in Burundi and cannot easily be wished away. In Kenya, the four agenda items in the Kenya National Dialogue and The Committee therefore recommends Reconciliation were sequenced in order of renewed emphasis on Inter-Burundi priority as follows: Dialogue led by President Yoweri Museveni. It strongly recommends active i. Immediate action to stop the engagement between the different factions violence and restore fundamental within Burundi. It is not possible that a rights and liberties; protagonist in the negotiations can decide ii. Immediate measures to address the whom to dialogue with on the other side. humanitarian crisis, and promote Any matters relating to who sits in the healing and reconciliation; negotiation must be determined by the iii. How to overcome the political chief negotiator who will review and crisis; determine the suitability and credibility of iv. Addressing long-term issues. negotiators proposed by each team in the negotiation. The Committee recommends a rethinking of the sequencing of the agenda items in 2. Human Rights Issues: the Inter-Burundi Dialogue that will The political crisis has engendered prioritise addressing urgent human rights numerous and unspeakable human rights violations that are necessary to violations committed by actors on both maintaining or restoring the social fabric sides of the dispute. All delegates at the of Burundi. Further, freedoms of hearings pointed out instances of human movement, association and expression that rights abuse even if they attributed them to are essential for effective return to peace the other side. They included rape, extra- should be addressed urgently. This will judicial killings, assassinations, detentions, facilitate negotiation since any goodwill and unexplained disappearances. Evidence demonstrated from any side is useful to of mass graves and gruesome pictures of advancing the dialogue. unspeakable mutilations were put on record. Other violations of human rights 3. Youth and Insecurity: including clamping down on freedoms of There was a wide gulf at the hearings expression, association and movement regarding the role of the youth in the were cited. unfolding crisis in Burundi. The government-led delegation referred to The Committee acknowledges that most of them simply as party youth while the these violations are closely tied up to the petitioners and stakeholders variously breakdown of law and order and the desire called them party youth or militia. In fact, by each side to win in the current political while one can count how many times the dispute in Burundi. In order to reduce and government-led delegation used the name completely solve the violations, the Imbonerakure, the name was used Committee understands that progress in uncountable times by the petitioners and resolving the political problem and stakeholders. restoring law and order is an essential prerequisite to effectively restoring human The Committee takes note that there is no rights and resolving their effects. homogeneity in Imbonerakure and in what However, the Committee also notes that they do. There obviously are many youth other examples of successful negotiations whose interest in the group is genuine and restricted to legal engagements. Indeed,

Thursday, 4 February 2016 East African Legislative Assembly Debates the Committee heard from Jean Minani under-employed and potentially open to that in their original intention, remobilization. Imbonerakure was simply a party outfit, designed to mentor youth for purposes of The Committee recommends that a future leadership and for engagement in simultaneous process of addressing the development. However, this changed at risk Imbonerakure poses against some point and some of the youth acquired opponents needs to be accompanied by an new roles and functions. equally vigorous process of empowering the youth towards gainful livelihood and The Committee is aware that though there engagements. The framework for this is is no homogeneity among the youth, there included in the engagement the UN Peace is now enough credible evidence from UN building Commission and the UN Peace and other Human Rights sources that building Fund have with Burundi. confirm that Imbonerakure plays the However, CNDD-FDD must be engaged function of a party militia. Indeed, it has and encouraged to transform the been repeatedly reported that they have Imbonerakure from a militia into a real been involved in "arbitrary" arrest of party youth wing handling leadership and members of the opposition "under the development issues. guise of national police or SNR officers. Their presence is so strong it may have 4. Humanitarian Issues: overshadowed the presence of youth groups affiliated to other parties who, as The Committee agreed that priority must the Committee heard, also exist. Not only be placed on stopping the killings. Indeed, have Imbonerakure been involved in the in terms of sequencing the dialogue, this gradual breakdown of law and order, this should be priority and a commitment context has allowed more merchants of should be extracted from negotiators that violence who are not necessarily active killings must stop in order to allow disputants or members of the relevant actors to institute immediate Imbonerakure to also partake to a measures to address the humanitarian gradually deteriorating political crisis. The key focus must be toad dress environment. the refugees challenge and internal The Committee notes that the visibility of displacement. It is noted that the Imbonerakure may also be the government-led delegation was unable to consequence of Burundi’s poor economic provide any official plans of return and performance. Poverty tends to affect resettlement of refugees. Also, there are no women, youth and children official special plans for resettlement of disproportionately. In the case of Burundi, those internally displaced. as in the case of many West African The Committee notes that this Assembly is countries that collapsed into violence and seized of the issue of Burundi refugees. civil war, youth were both a risk and also The Assembly sent a Goodwill Mission to at risk. Nothing illustrates this better than Burundi Refugees in Kigoma, Tanzania the findings of the UN. According to a UN and East Province, Rwanda from 31st May Background paper prepared for the to 5th June 2015. Its Report was discussed Advisory Group of Experts (AGE) in the Assembly and it was recommended, Reviewing the UN Peacebuilding inter alia, that ‘EAC Partner States should Architecture, ‘job creation at levels needed support the enactment of a regional legal for sustainable peace consolidation [in framework for the management of Burundi] remains distant, and a large refugees’ and ‘harmonize laws on how to youth population (estimates suggest 60+% handle intra-refugee matters in the region. of the population) remains dangerously 39

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In view of developments since the resolution and to use all possible means, Goodwill mission, the refugee and IDP including censure and sanction to achieve challenge has changed and worsened. The the urgent goals of stopping killings, Implementation of the recommendations ending humanitarian crisis and resolving of the Committee will go a long way to the political crisis. This is partly because ease the situation. the Burundi crisis can easily become the Achilles' heel of the EAC. 5. Role of EAC Partner States: 6. Rwanda:

The EAC has been seized of the Burundi matter since the matter acquired The importance of this crisis to the EAC international attention. The EAC has been was brought home by accusations levelled at the forefront of spearheading initiatives against a Partner State by the Government- to resolve it including initiating and led delegation. Except for one Report, the supporting the Inter-Burundi Dialogue. delegation was unable to provide adequate The initiatives have been and continue to evidence to the Committee to validate the be very important. The Committee claim that the Republic of Rwanda is recommends that the Assembly assure hosting and militarily training Burundi other organs of the EAC full support for refugees. They also claimed that the those initiatives. Secretary General of the EAC was biased but they did not provide any evidence for However, the Committee noted a general the claim. The delegation stated that the sense among the petitioners and information could not be divulged at the stakeholders that the EAC is not doing hearing. The Committee makes three enough in its powers to facilitate a quick recommendations on this issue. First that resolution of the Burundi crisis and to the claim of political and military ensure that killings stop, insecurity ends, interference by a Partner State needs a humanitarian initiatives are implemented very high threshold of credibility for it to and human rights violations are halted. As be effectively addressed. Second, that the petitioners noted, the idea of a when such claims are noted, there are community is under threat if EAC does not provisions within the Treaty that guide vigorously exercise its power to support how they must be channelled and handled. but also, and where necessary, censure and Three, that mechanisms need to be sanction to help restore law and order in enhanced and processes instituted within Burundi. The petitioners noted that the the EAC for handling peace and security dialogue has proceeded haltingly; that matters. This will help provide effective decisions made at various levels often are protection to and immunize the office of ignored or are implemented half-heartedly the Secretary General from accusations of in Burundi; that this has caused other bias that might endanger it. supportive organisations like the AU and UN to tread carefully in view of the RECOMMENDATIONS ON THE principle of subsidiarity, which provides HUMANITARIAN CRISIS IN BURUNDI for a sequence in intervention. The Committee recommends that the Assembly The Committee holds the considered view take note of these concerns from citizens that there exists a dire humanitarian crisis of EAC. It also recommends that the in Burundi including refugees, internal Assembly shall urge those involved in displacement, in adequate provision of facilitating the resolution of the Burundi social services and so on. That the crisis to enhance their engagement with committee appreciates the efforts opposing sides towards quick and peaceful undertaken by Partner States in alleviating

Thursday, 4 February 2016 East African Legislative Assembly Debates the suffering of people of Burundi but a lot violations that have taken place and more needs to be done. The humanitarian continue to take place in the republic of crisis has particularly impacted negatively Burundi unabated. The petitioners’ and on children (see the UNICEF report on the other parties that appeared before the children in Burundi). The committee committee, including from the believes a lot more needs to be done to government delegation, all agree on this address the humanitarian crisis in Burundi. fact. They only disagree on the magnitude, responsibility and how to Recommendations to the Council of end the violations. Ministers: Recommendations: 1. On an Appeal for further assistance to address the Humanitarian Crisis in On the duty of care and responsibility Burundi to protect:  The committee holds the view that  The committee urges the Assembly the Community under the Treaty to request the Council of Ministers obligation, the African union under to make formal request for the Constitutive Act, the United urgent/additional humanitarian Nations and other international resources from both regional and players owes a duty of care and international partners for Burundi, responsibility to protection of the Partner States and neighbouring people of Burundi. countries hosting Burundi refugees

and/or displaced persons. 3. On the deployment of the African

Union preventive and protection force:  The committee urges the Assembly

to request the Council of Ministers  The committee appreciates the to facilitate the Committee on commitments taken by the African Regional Affairs and Conflict Union on the issue of sending a Resolution to undertake an urgent high-level mission to Burundi to Fact-finding Mission into Burundi. discuss the matter of the

deployment of an African Union 2. On enhancing of the capacity of EAC preventive and protection force to to deal with the Humanitarian crises in secure the wellbeing of the people the Community. of Burundi.  that the Assembly urges the Council

of Ministers to ensure the Community urgently and Recommendations: comprehensively review its legislative, policy, institutional  The Committee urges the Assembly arrangements and other measures to support the urgent completion of that will put in place the necessary those discussions. capacity to deal with humanitarian  The committee further, request the challenges and/or crises in the Assembly to allow the committee to Community. make substantive recommendations on the matter after the visit of the 3. On the Human Rights Crisis in Burundi. A.U mission to the Republic of Burundi. That the committee holds that there are serious and sufficient grounds to believe that gross human rights

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4. On the need to establish a credible undermine the establishment and mechanism to investigate allegations of operationalization of a credible investigative gross human rights Violations: mechanism.

Recommendations: 5. On the Political Crisis in Burundi;

The committee urges the Assembly to The Committee holds the view that a political support the establishment of a credible crisis that require urgent intervention exists in international investigative mechanism the republic of Burundi. to investigate all allegations of human rights violations in Burundi The committee appreciates the efforts of the independently. Summit to resolve the political crisis in the republic of Burundi. The Committee urges the Assembly to support the full utilization of all The committee in particular appreciates the possible measures allowed by the appointment of H.E Yoweri Kaguta Museveni Treaty and Community law to be the President of the Republic of the Uganda as directed against any person or entity the Mediator of the peace process for Burundi. that will undermine the establishment and operationalization of a credible Recommendations to the Assembly; investigative mechanism. The committee urges the Assembly to –

Request to the Council to communicate the  affirm that the political crisis in Assembly’s Prayers to the Summit concerning Burundi require urgent and the human rights crisis in Burundi. concerted efforts to halt the humanitarian and human rights  The Assembly request the Council crises; to communicate to the Summit the  appreciates the role and efforts by following prayers of the Assembly the Summit to bring lasting peace to the republic of Burundi in the past and currently; The Prayers to the Summit:  support an all-inclusive, participatory and credible process That the Assembly requests the Summit to of dialogue in and outside Burundi affirm that the Community has a duty of care to bring lasting peace to Burundi; and responsibility to protect the people of  Support the work of the office of Burundi from violence and guarantee the the mediator H.E Yoweri Kaguta safety and security of all citizens and persons Museveni. in Burundi. 6. Recommendations to the Council of That the Summit to consider to facilitate and Ministers; support the establishment of a credible investigative mechanism to independently investigate all allegations of human rights The Committee urges the Assembly to violations in Burundi. urge the Council of Ministers to -

That the Summit will put in place actions that Support the work of the Summit and the will fully utilize all possible measures allowed Office of the Mediator to bring lasting by the Treaty and Community law to be peace to the republic of Burundi in the directed against any person or entity that will shortest time possible.

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Support all measures, including the full Architecture including putting in place utilization all possible measures allowed the necessary institutions and by the Treaty and Community law to be competencies that will ensure the directed against any party, person, group peace and security of the Community. of persons or entity that will undermine the  Ensure the Partner States completes the peace process including the work of the ratification of the EAC Defence mediator. Protocol and the EAC Peace and Security Protocol. For the Assembly to request the Council of  Report back to the Assembly in its next ministers to communicate the following sitting on the progress made to finalize prayers to the Summit – the ratification of Partner States of the The Prayers to the Summit: two mentioned Protocols in (II). To do all that is possible to stop the humanitarian, human rights and political Mr Speaker, it was a long report and I crises in the republic of Burundi urgently. hope Members paid particular attention to To fully empower and facilitate the work the report. But before I end, I would like to of the mediator and his office including use this opportunity to thank you and your appointing a team of respected states men office, Hon. Speaker, for your wisdom to and women to aid in his cause and/or bringing this matter before this Committee office. and to facilitate the work of the Committee - (Applause) . To consider to apply all possible measures allowed by the Treaty and Community law to I would also like to use this opportunity to be directed against any party, person, group of thank my colleagues, members of the Regional Affairs and Conflict Resolution persons or entity that will undermine the Committee - (Applause). This has been a efforts of the Community including the office truly difficult task in many ways. What of the mediator in its work. kept us together was that despite all our 7. On enhancing the Capacity of the differences of opinion, we shared one Community to Deal with Peace and thing, that we wanted the best for the Security Matters: people of Burundi - (Applause). I must also in particular thank my The Committee holds the view that the members from Burundi - (Applause). It is Community urgently require to complete the very difficult, Mr Speaker for such EAC Peace and Security Architecture emotive issues to be discussed about your including examining and developing the country and for the members to stay firm, EAC’s capacity, institutional arrangements objective and conduct themselves with and or Treaty, legislative and policy regime to integrity in a manner in which my allow the Community to address humanitarian, members from Burundi acted - (Applause). human rights and political interventions. Second, similarly, there were allegations – Recommendations to the Council of serious allegations- of the involvement of Ministers: Rwanda. My members from Rwanda acted exactly in the same manner- extremely The Committee therefore urges the Assembly objective and professional. I must thank to urge the Council of Ministers to – them most sincerely - (Applause).

 Hasten the process of completing the My Committee in general is a very Community Peace and Security interesting Committee. If I use an analogy

Thursday, 4 February 2016 East African Legislative Assembly Debates of music, a CCM Committee in Tanzania The Chairperson has stated that all our would more akin to an orchestra where interests are to wish the best for Burundi you have the conductor ordering and they and the region. Debate is open. all play the music beautifully. My Committee, however, Sir, is a jazz band. Ms Isabelle Ndahayo (Burundi): Thank Everyone plays his or her own instrument you, Mr Speaker for giving me the floor. I but together we make beautiful music - wanted to start by thanking the Chair of (Applause). Hon. Ogle is on the trumpet - this Committee for a good report, well (Laughter). represented – the way he presented it and the way it is structured is very good - Thirdly, Mr Speaker, I would like to use (Applause). this opportunity to thank the Office of the Clerk. (Applause) More specifically, Mr I would also like to thank members of this Charles Kadonya and our repertoire, Dr Committee for the hard work they have Murunga. Again, this was extremely done. It is very hard work to come out taxing process. It was very difficult on with such a big report from a very them; they worked around the clock and sensitive matter where we have two we are most thankful to them for their different positions. You have done very professionalism. Hon. Speaker, Sir, I beg hard work. I thank you. to move - (Applause). Rt. Hon. Speaker, I would like to say that I The Speaker: Thank you so much, Hon. am an East African from Burundi and a Mwinyi, Chairperson of the Committee on Member of the East African Legislative Regional Affairs and Conflict Resolution. Assembly. I would like to say that I am Tough tasks come to men and women who concerned about this issue but I am not are equal to the task. I congratulate you going to bring in facts given by and your Committee for the good job - stakeholders or by Members. I will debate (Applause). more on the findings. I would like to bring some two or three recommendations to the Hon. Members, the motion before this Committee, if you allow. Assembly is that the report of the Committee on Regional Affairs and Rt. Hon. Speaker, as you remember when Conflict Resolution on the public hearing we were debating in Nairobi on the Good of the petition of civil society led by the Will Mission made by this Committee, Pan African Lawyers Union on the there was an issue I raised and I think even deteriorating human rights and now it is still relevant. So, allow me to humanitarian situation in Burundi be raise it again, Rt. Hon. Speaker. debated. Debate is open. If you look at this report, it was still the Hon. Members, before we take on this request made by both sides. I want to ask debate, a few things may happen during this Assembly to come and visit Burundi. the course of our debate. You must realise Please, come and visit Burundi. (Applause) that today is our last day of this plenary I think it is by visiting that country and its meeting. Our Rules of Procedure have its people that this Assembly will really limitations on us. And at an appropriate realise or will be able to appreciate the real time, I will be expectant of one of you to situation of this country. It is unfortunate deal with this challenge in accordance with that even the plenary, which was supposed our Rules of Procedure to allow us do the to sit there in March has been rescheduled work expected of us. This is history in the but I wish we could be there in August. making. But before that, I think the UN Mission has done it and even now Burundi is

Thursday, 4 February 2016 East African Legislative Assembly Debates expecting to receive the AU Mission for with the repatriation of refugees. I think that action and in the recommendation of this can be taken into consideration. A the report, they are expecting to give more tripartite mission where we have UNHCR, recommendations after this mission. I Burundi and the host country to find a way think it is better for EALA to be there. Rt. how these refugees can go back home. Hon. Speaker, please, organise this. This Committee should be facilitated. If there I am telling you that you will find this are no funds, we have our Council here, recommendation very relevant after the they can facilitate it. visit that this Committee may make to Burundi because they may come out with a I think we need to visit Burundi. different view after visiting this country. Burundians are our brothers and sisters. Burundi is our home. I think the only way The Speaker: Hon. Isabelle, are you we can understand the issues of Burundi is suggesting that as an amendment to the through visiting Burundi and its people. recommendations? The second thing I would like to say, Rt. Ms Ndahayo: Yes. Hon. Speaker has been raised during the The Speaker: If so, I would also like to presentation and I raised it last time, that remind all other Members as per the is, about social media. I am not going to requirements of our Rules. If you have an give the same recommendation I gave last amendment to the report, please write it time but now I want to give just some kind concisely and send a copy to the of advice to this august House. Chairperson and a copy to the Speaker. Social media of course provides good Proceed. information; however, I would like to Ms Ndahayo: Thank you. I will do it. advise this House to think twice when we Lastly, I want to remind you- it has been receive messages from the social media. said by this good Committee at No. 50 and Most of the messages are very bad during another place also, maybe 52 or 53, it is to such a time. You are lucky because you remind the responsible host countries for are not Burundians, you cannot speak our refugees about their responsibility to language and not even French to hear what protect refugees against any kind of is going on in WhatsApp and other social recruitment and abuse. It has been media. It is very bad. captured in this report but it should be very So, I would like to ask this House to think much emphasised. Therefore, to avoid so twice when they want to make a decision many rumours regarding the protection of on a given situation based on the refugees, this should be done. I thank you information they received. Sometimes you and I support this report. may rely on wrong information. Please, it The Speaker: Thank you so much, Hon. is a good piece of advice that I would like Isabelle. to give to this House in order to take a wise decision. Mr Peter Mathuki (Kenya): Thank you very, Rt. Hon. Speaker. Let me also join Another issue I want to raise here – I have my colleague in congratulating the seen in the report No 24 (9) – maybe the Committee for a very comprehensive and Minister will help to remind me. I was bulk report, which I think whose contents here when they were doing the public therein are worth debating. hearings on the issue of repatriation. The Republic of Burundi requested that they Mr Speaker, indeed the situation in put in place a tripartite mission to deal Burundi as it is today can befall any other

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Partner State in the Community. It is, framework because that should be it. therefore, the interest of this Assembly as When we allow every party or person to an Organ of the Community to stand in come with their own styles of working, solidarity with the people of Burundi to there will be a lot of confusion. But if they make sure we empathise with the people are directed within a certain framework, it and of course the situation that they are becomes easy. So, we should request and facing - (Applause). It is very unfortunate. that should even come out in the report Therefore, it is the interest of all of us and that Africa Union in whatever all those who second us- who mean well – arrangements they may have, it would be to stand and pronounce themselves in good to do it within the EAC framework. support and in solidarity with the people of Burundi. We are aware of an existing arrangement where H.E. President Museveni is a It is very unfortunate to have gone through mediator of the situation in Burundi. So, if the report and listened to different parties the African Union means business, then and factions of the same country speaking they would see where they would work and talking different language. It is very within that framework. It becomes easier unfortunate because that way, the situation instead of each group having their own can degenerate into any situation, which positions and of course missions in can be even worse. Therefore, it is very Burundi. For example, the UN may have important as an Assembly to recommend their own arrangement; African Union to the Partner States and even to the may have their own arrangement; EAC Summit that they should take this situation their own arrangement and then at the end very seriously. In fact, it should be in the of the day we do not converge and come. priorities because the idea of some people So, it is important that the Committee in feeling that Burundi should not be part of their wisdom see how they can even call the EAC, should not be their interest. Their other international players and see how interest should be how to save the situation they could cooperate with the East African - (Applause). Community to ensure that whatever we do is within the framework of the EAC. To When you look at the bigger picture of the me that is very important. Community and if you look at what the fore fathers and the founders of this I appreciate and I have seen what H.E. Community envisaged when they were Museveni is doing. They also say that they founding the EAC, was to ensure that we have to wait for the African Union Mission have a bigger Community- we have the to Burundi and then they will come and same people; the same destiny. Therefore, give more recommendations. Let us not it was not about punishing some of the depend on what others will do which is not Partner States. So, by eliminating some within our purview. Let us now Partner States then it means we defeat the concentrate and see what we can do as a purpose upon which this Community was family of East African Community and found - (Applause). It is, therefore, very request the others like the African Union important that we stand and see how we and the rest to cooperate with us. can save this situation. Each one of us has a duty and a responsibility. It is very Some of the suggestions and unfortunate. recommendations that have been put are long term like putting in place legal Other institutions on the continent and frameworks; putting in place the treaties elsewhere have pronounced themselves. and so forth. So, it is important that the For example, the African Union – my take immediate thing now, which is to see how is this- let them work within the EAC we can save the situation in Burundi.

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It is very unfortunate that the issues of utilised so that they can sort out the social media, as Hon. Isabelle is saying, problem in Burundi. (Applause) That is happen where some opportunistic where the solution lies. That is what I situations will always take advantage of think; that is what I feel, Mr Speaker. Let the happenings like those going on in us take advantage of them; we know them. Burundi. So that one is expected. So, the idea is not even to think and see how I, therefore, stand to support the report and social media is taking advantage of this but make sure that we support the framework how us as the leaders of this Community that is there and H.E. Museveni but see if must put priority on Burundi and see how we can expand that framework by just it can normalise. It is in the interest of all enriching it so that they can work under of us to make sure that Burundi normalizes H.E. Museveni very well. However, of because that way then we shall remain a course benefitting from those other good community - (Applause). That is the way sons and daughters of East Africa. I thank to go. you, Mr Speaker - (Applause). I have seen the issue of strengthening – The Speaker: Thank you so much. That is they have talked about empowering and an indication that we are keen to what is facilitating the work of the mediator. I am obtaining in the report. aware that the current mediator of the Ms Dora Byamukama (Uganda): Mr situation is empowered, he has the will and Speaker, Sir, I beg to move a motion that he has the capacity to do that. Of course, this House extends the time of debate until what they may wish to do is to expand that this important matter is concluded. And secretariat so that it includes some other this is in relation to Rule 11 (1) which eminent persons who may have been under provides as follows: “Sittings shall unless the capacity in that kind of process. the Assembly otherwise resolves ordinarily We are aware, Mr Speaker, Sir that when commence at 9.00 a.m. in the morning up you get back to the Arusha Accord, a to 1.00 p.m. in the afternoon and resume number of eminent persons were involved at 2.30 p.m. in the afternoon and conclude in this. We can benefit from their expertise at 6.30p.m.in the evening.” I beg to move. - (Applause). So, what we can only The Speaker: Seconded by Hon. Zein, possibly do is that we take advantage of Hon. Ogle, Hon. Frederic, and Hon. those brains and those very eminent Kizigha, Hon. Yves. Hon. Nancy, Hon. persons and see how they can assist the Isabelle, Hon. Buccumi, Hon. Hafsa Moshi current mediator so that the solution of and all those Members standing. Burundi is not even far. The solution of Burundi is in East Africa; the solution of Mr Kiangoi: On the issue that has already Burundi is in Burundi itself. been moved and seconded, I wanted some kind of clarification. Therefore, when we sit and expect and yet the parties of Burundi would come and The Speaker: Hon. Members, I have a expose the dirt within Burundi to motion, which has been moved and outsiders, they will not get any help. The seconded. The next stage is to allow the help of Burundi will come from Burundi mover to justify the motion. The motion and East Africa. That is why we must take has been moved in accordance with our this business seriously. Let us now Rules of Procedure. I do not know whether mobilise those eminent persons. I know there is something to the contrary other they are there in East Africa- they are than requesting the mover to justify the living- let us take advantage of their motion. expertise and see how honestly they can be

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Ms Byamukama: Mr Speaker, Sir, I The Speaker: Thank you so much, Hon. would like to justify the motion and my Ombasa Kiangoi for seeking the justification is based on what has been clarification. The mover of the motion in stated by the very able Chair of the her wisdom trusted the Speaker’s Committee, Hon. Mwinyi who stated judgement. (Applause) n dealing with the hitherto that Article 49 obliges this matter and making sure the debate is Assembly to execute its function of concluded within the time frame that will debating, discussing all matters pertaining not stress the Members. to the Community and making recommendations to the Council as they Hon. Members, I put a question to this may deem necessary for implementation of motion as moved by Hon. Dora this Treaty. Byamukama. May those in favour say aye and those against, nay? In line with this particular Article 49 (2) (d), I would like to propose that we extend (Question put and agreed to.) our time so that we can exhaustively The Speaker: We proceed with debate. I debate this particular issue. had already given Hon. Ogle. My second point, Mr Speaker, Sir is that I Mr Abubakar Ogle (Kenya): Thank you, asked for extension of time and I did not Rt. Hon. Speaker. Rt. Hon. Speaker, I am a want to give a time frame because I trust in very proud member of this Committee for your wisdom and I know that we have had good reasons but I do not want to dwell on precedents where this House has met that anyway. beyond even 8.00p.m.on other issues. So, in view of what has been noted in the I want to pay my profound gratitude to the report and in view of our concern, I would petitioners who triggered off this activity like to leave it to you, Sir to be able to led by the Pan African Lawyers Union and manage the time so that we can all incorporating amongst others, leading contribute to this very important motion. I regional and continental bodies, the East beg to move. African Civil Society Forum (EASCO), the Atrocities Watch Africa, the East Mr Kiangoi: This is a very important African Law Society and Kituo Cha matter before this Assembly and we need Katiba. These are well-founded to have it debated and concluded. But Mr organisations. They did a very Speaker, in our Rules, we are provided commendable job by assembling very with a time frame in that the House sits extensive and irrefutable evidence from such and such a time to such and regarding the issues they placed before the such a time according to the Rule that has Committee. It is very critical that we just been referred to. Rule 11 states that appreciate the very hard work that was the House rises at 6.30p.m.but we can done by these men and women of East extend and I have no objection. Africa and Africa of good will. They Nevertheless, can we extend without decided to do that for the good of Burundi fixing the time that we have to rise? So, and this region as a whole. I really want to that we deal with this matter until we are register my profuse gratitude and thanks through with it. That will not be proper. for their effort to do that. We can consider that we deal with it for two or three hours. If we finish earlier, so Secondly, Mr Speaker, I want to give a much the better. In my view, cannot say contextual background of the conflict and that it is open-ended until we conclude this crises we normally face on the African matter. continent. Sometime last year, in March – (Interruption) -

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The Speaker: Sorry for the interruption, more important than your personal Hon. Ogle. Hon. Colleagues, based on the political ambition. That is very critical. interest of many Members to debate this Now, that is what is at the heart of the report, can we limit our debate to at most crisis in Burundi. for minutes for each Member such that many Members can debate because of the A second factor is related to the crisis in constraint of time. Burundi. There is an amorphous group called Imbonerakure. The government Mr Ogle: My four minutes start now - came, they tried to explain what that was (Laughter). Mr Speaker, I was in the but it was not convincing. Nobody gave us process of giving a contextual background an actual idea about what the about the crisis and the conflict we Imbonerakule were up to and this has gone normally face on the African continent. I all the way to inform the position of the was saying sometime last year, in March, African Union. When they proposed to there was a very close electoral contest in send a deployment force, they intended to Africa’s most populous nation, Nigeria to confront the excesses of the militias. a point where critics and commentators imagined that Africa’s most populous Now, we really need to – this is a problem nation - in fact it had even taken the level that has been all over. It is in every other of being the most economically strong on country. We have political party youth the continent- was on the brink of a wings in all the countries in the region. We disaster. That there was going to be a have some group called Mungiki in Kenya, warfare and the country was going to be which started as a political outfit. We had divided. God forbid that did not happen some groups like the “red shirts” or “green but that was the position of the shirts” as they were in Tanzania commentators and critics. fortunately, they did not metamorphose into that dangerous militia. Now, it is up to Now, when the confronted the then the political parties – they have a right to President , Jonathan Good luck about what have their own militias and all these things he thought, would he easily surrender – I mean a right to have their youth power once defeated, his words were very wingers but please, ensure that there is a telling and assertive. He said, “Much as I caveat place that this is a no go area. They want to be a president; much as I want to should not be allowed to transcend into the retain power, I will not allow for one political aspect because the political moment the blood of one Nigerian shed in contest in Africa is normally a very thin the name of my political interest and my line because it borders on ethnic and political ambition.” Now, that is very sometimes religious lines. So that is my critical. quick advice. I am relating that to our Partner State of The third point I would like to pursue here Burundi. Now that is at the crisis in - and I have listened to it very attentively- Burundi. When a leadership takes is in regard to accusations on Rwanda. cognisance of that fact, that the life of Now, there was not any much evidence on every Burundian is valuable- that they will what was being said about Rwanda’s not allow a single drop of blood to be involvement in the crisis. I did not see any shed- we would not have had this crisis. I reason why, perhaps the only relevant think it is very important that the statement was a reference to what they leadership now and in future, not only in were calling a disdainful statement related Burundi, but all over the region, take to H.E. President Kagame. cognisance of that fact that the lives of every member of our countries is much

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Now, Rt. Hon. Speaker, I have very great record right. Right from March last year to respect for President Kagame. One thing I the next meeting that took place in Kenya, share with him always is that he is very to our meetings in August in Kampala, to candid and very courageous. He always our meeting in November/December in says things as he sees them. Now, I do not Kigali, Rwanda, through to our meeting think that was disdainful. What he was here, this Assembly has not been quiet. saying is what I have said earlier that if This Assembly has been emphatically you cannot save the blood of one of your clear on the issue of Burundi and putting citizens, you have no business being in its position clearly demanding for calm leadership. I want to repeat that. I do not and restoration of peace. Proceed, Hon. think there is anything disdainful about it. Nancy. Above all, I think the most critical point Ms Abisai: I am guided, thank you, Mr for Burundi is that in the long term, they Speaker. What I meant is that we have will have to appreciate that the only way never really had a chance to discuss and out of this crisis is to ensure that there is debate as a whole House. I know the an all-inclusive unconditional meeting of Committee has been doing a lot of work almost all the players. The government for the Assembly under your able cannot just sit somewhere and determine leadership but this kind of discussion in who to talk to. Every Burundian the Assembly and since it is being irrespective of whatever shed of opinion captured on the Hansard, it is good that you represent must be allowed to people are going to know that we have contribute his or her opinion for the future talked about it. So, I am guided and I of that country. Thank you very much. I appreciate. support the report. Mr Speaker, if you all recall the situation The Speaker: Thank you, Hon. Ogle. that Kenya went through in 2007, I think we could talk about a lot that is happening Ms Nancy Abisai (Kenya): Thank you, and who is doing this and who is not doing Rt. Hon. Speaker. Mr Speaker, I support that, what the government is doing and not this report and from the onset, I want to doing but the key is getting a solution to congratulate the Chair and members of this the problem, which the Committee has Committee for a very good report. It is given a very good proposals for. very comprehensive and I think every issue is very well captured. If you read the I wanted to suggest that it is very report, I think most of what we are important that the Committee include – debating is captured in that report. even as we talk about eminent statesmen and women, let us look outside EAC. For I do not want to repeat what has already example, in Kenya we had Kofi Anan who been ably captured in the report but I just chaired that peace dialogue and it went want to say one thing, I think Burundi extremely well. All participatory means hurting is not just Burundi but also the that bring every person on table should be EAC as a whole. Everybody has talked included so that people are able to speak about this Assembly not saying anything debate and come up with issues that are or doing anything about the Burundi issue. affecting both sides. I think that is the only The fact that we have been quiet all this way that you can be able to have a proper time was not even good for us. I know that dialogue. the Committee went to – (Interruption) - So, I was just saying that I want to support The Speaker: Hon. Nancy, I think for the the idea of an all-inclusive participatory record of this House, we need to put the and credible process of dialogue both in

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Burundi, yes, but looking at statesmen and we have a common history. We all know women from within EAC and outside EAC that. so that we can also have other minds that can come and help this process. I am just When Rwanda is being accused of borrowing a leaf of what happened in carrying recruitment in the refugee camps, Kenya in 2007 and just thinking that it is I really wonder how and what was the important for either side – both the evidence that the accusations were based opposition and the government – not to be on when we have seen ourselves- at least rigged and to be committed to the process our Committee on Regional Affairs- the to ensure a conclusive solution for the refugee camp. So, when there is insecurity Burundi peace initiative. in a country, even in the refugee camps you have people who conspire to go and Mr Speaker, I support this report and fight back in their home countries. This because most of the issues are ably could always happen. What we should try mentioned in this report, I just thought that to prevent is having refugees and camps we needed to look at other eminent people since anything can happen within them. and I just gave the example of Kofi Anan. I am not saying that that is the one we These open accusations are heard on should get but he is an example of eminent radios, TVs and we all listened to the people to have a credible initiative. I thank Chairman of CNNFFDD who openly you. accuses the President of Rwanda. It is very surprising because to accuse somebody The Speaker: Thank you, Hon. Nancy. without facts is not a good idea. We should first of all try to make sure that what we Dr Odette Nyiramilimo (Rwanda): say is real and correct rather than trying to Thank you, Rt. Hon. Speaker for giving mix events and find scapegoats in me the opportunity to contribute to this neighbours who would also wish to ensure report. From the onset, I would like to that the region is peaceful. support the report and try to say what I think. As far as adopting the UN, we all as countries in the region have the Rt. Hon. Speaker, unlike many of us who responsibility to protect. How far are we cannot understand Kirundi or French, I do handling that responsibility to protect as and I have been following whatever is the East African Community? I think the happening in Burundi from the beginning. petitioners came to us as an Assembly for What I can see and what is written in this the whole region, which can talk for them- report is quite alarming because as the which can try to influence and stop petitioners said, and what was noticed by whatever is violating human rights and the the delegation from the government, there problems of Burundi. We should be clear are assassinations that are being observed in our recommendations. but we do not see that in the social media but rather we see it on televisions. It is We should also send the East African obvious for everybody that security is Peace Keeping Force to help the challenged in Burundi. Burundians to bring back peace. Now, about the recruitment in the refugee Maybe I am going to write that clearly on camps, indeed we all want Burundi to be a piece of paper, if it is agreed, but I think peaceful because if there is insecurity in it is very important that make sure that - Burundi, it immediately affects the (Interruption) - security in Rwanda, Uganda and Tanzania but more specifically to Rwanda because The Speaker: Honourable minister, you will have a full response to this debate. I

Thursday, 4 February 2016 East African Legislative Assembly Debates advise that you take note of everything that we cannot substantiate in this House. coming from the debate then you will The discussion e are holding is serious and conclusively respond. we cannot – I think we are likely to divert. Dr Nyiramilimo: Thank you for Mr Speaker, let us concentrate on the protecting me, Mr Speaker. I would like to report so that we remain focused. have this Assembly to have the East African peacekeeping force to try and The Speaker: Thank you so much, hon. bring back peace that has been lost. Peter Mathuki. Honourable members, when you take the floor, stick to the report. Mr Speaker, when they talk of Imbonerakure, I was in Rwanda when the Two, our rules do not allow you to debate Interahamwe escalated and started a person who is not in this House, who campaigning like what I see in Burundi. cannot defend his or her self. This is a People started talking of ethnic groups; of matter of our rules. Tutsis and Hutus and who wants to be the Thirdly, when you are talking about our master of the other. I am hearing these members of the Summit, do so with the things today on Burundi radios. decorum that rhymes their offices. Please Mr Speaker, I think it is very important honourable, proceed. that we make sure – (Interruption) – Dr Nyiramilimo: Thank you, Mr Speaker The Speaker: Did you say information? for the guidance. It is because hon. Isabelle Hon. Dr Odette, there is clarification from had asked for clarification and I had to hon. Isabelle. clarify with what I heard on the media. I am very sorry. I want to stick to this report Ms Ndahayo: I would like to seek and even advance towards the conclusion clarification from the honourable member because I think the proposal of the who is speaking. Which media in Burundi amendment has been well captured and I is talking about the information, which would like to plead with the Council of was spread by Interahamwe; the same Ministers, the representatives of our message she is talking is going on in Partner States to make sure that they sit Burundi by Imbonera Kure? Can she give and discuss in a cordial manner but try to us clarification on this? understand well what is happening in Burundi and we put our hands together to Dr Nyiramilimo: Thank you, Mr Speaker. make sure that there is no escalation to I am sorry that I cannot open the phone genocide like we have seen in Rwanda. and put it loudly the speech that I heard yesterday from the President of CNDD Thank you, Mr Speaker. FDD, the party in power taking about the President Kagame who is a genocider and The Speaker: Thank you so much, hon. who is willing to bring Buyoya to commit Dr Odette. genocide in Burundi. Mr Twaha Taslima (Tanzania): Thank I have that so I cannot go further to explain you, Mr Speaker. I just want to add on this but the speeches I can hear and they what my colleagues have said and I have are really bad – (Interruption) – mainly one point. Mr Mathuki: Mr Speaker, I think it is fair I am a member of the committee which in line with our own procedures to focus has tendered its report and I have been on the report that is on the House than involved in a number of activities oppose to expanding and bringing in issues especially I went to Rwanda to see the

Thursday, 4 February 2016 East African Legislative Assembly Debates refugee camp and I have seen the okay we have heard the government of movements there. Burundi saying this and let us look into what the government has said on this and I was in the hearings that were conducted that. in this room and what I noted and this is what I have as a point to make to the Therefore, my advice to the government of people concerned, especially the Burundi is that let them come up and say Burundian government is that the more than they have been saying up to Burundian government is just like any now so that we know its position, we other government in the world. It derives know what has been done, what it has been its power and financial ability to save its doing and we know what are the plans as people from its people. of now and what are the things that they are ready to do as far as helping our efforts Therefore, it has that mandate of saving its that we are trying to do so far. people in a number of things but two things: keeping peace and security of its That is all I have, Mr Speaker and I thank people is of paramount importance. you very much. When we were hearing averments from the The Speaker: Thank you so much, hon. representative of the government of Taslima. Burundi and as it is shown in the report, you can see that there are a number of Ms Angella Kizigha (Tanzania): Thank things, which were not clarified enough. you so much, Mr Speaker for giving me the floor. I will go straight to the issue of Hearing from other sources which are just the Arusha Accord, which we do believe the media- I do not have any other sources was held on 28 August 2000, if I am not like the ones which have been talked mistaken. We are talking about 15 years about, with the sources that we have been ago. hearing all this time, I have noticed one thing which is missing. That thing which is When we are talking about the Arusha missing is the voice from the government Accord, we remember all the eminent of Burundi, which is not enough to make people who were there during that people know what the position of the particular time and they are still alive. government of Burundi is. So, I do concur with hon. Peter Mathuki, I am saying so because we have heard the as he mentioned hon. Kalonzo Musyoka honourable minister here today and what from Kenya who was a Foreign Minister he is saying does not go to say maybe that by then, we had hon. Jakaya Mrisho the government has made arrests, the Kikwete who was a Foreign Minister by government has made prosecutions, the then. We also had Benjamin William government has done things which should Mkapa who was a former President of the normally be done by the government so Republic of Tanzania since 1995 t0 2005. that even other people can be deterred He was also one of the witnesses. from going on with things that they should We still have Mzee Joseph Warioba who is not be doing. a judge who was also part of those It looks like hide and seek that these are conversations. So to me I can see as if we not ourselves while others are saying, this are hitting around the bush because we is the government while the government thank God that those people who I has the power to speak on what is mentioned, although not all of them but a happening. All other members of East few of them are still alive and are part of Africa, even the world at large will say, the East African Community.

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To my understanding, I do believe that if late Ghadaffi who was killed like a dog we believe that Burundi is part of the East and African Union was there. African Community, let us join our hands together, make solidarity and find a way Yet again we are talking about African forward to tackle this matter because it is Union today going and assisting Burundi well known – If I do recall very well, it which is part of East African Community. was last year 2015 when I was also a What is the work of the Community if that participator when we were in Burundi. His is the case, Mr Speaker? Excellency Jakaya Mrisho Kikwete, by Mr Speaker, I do not have much to say then a President, addressed a Parliament of rather than thanking the Committee of Burundi talking to EALA members and he Regional Affairs and the civil society. My said, Burundians should follow the Arusha great thanks go to the Republic of Accord. He also said they should follow Tanzania, which we know has always been the Constitution and to make sure that there. When they are happy or unhappy, peace and security is maintained. they have always been there to assist East Mr Speaker, we also remember that since African Community and not only Burundi. 1993, up to now, Tanzania has been a I appreciate the role played by the serious host of Burundians. We remember government of Uganda although there are the issue of the late – I do not remember some other things here and there but I urge his name but he was assassinated in 1993 the Community to join hands and make and Tanzania took charge of refugees from sure that we solve this matter because we that particular time up to 2006. know very well that the transition period Yet again since last year, Tanzania has took five years from 2000 to 2003, taken tried hard to make sure that peace and by Ndayizeye and thereafter in 2003 to security is well maintained. My question 2005 was taken by another President, I do is, during the conversation in Burundi, not remember his name well. So the through Rt. hon. Jakaya Mrisho Kikwete, a transition period was only five years. former President, all officials and people Thereafter, Burundi went to the elections, were there like members of the National according to my knowledge in the library Assembly of Burundi, military people, and then His Excellency won that election Police and others. Even the ministers from under CNDD FDD and things went well Burundi were there. Even one of our and peace and security were there. members here got an opportunity to move a vote of thanks and appreciated the Yet again, he went to the elections the statement made by His Excellency Jakaya second time in 2010 up to 2015, His Mrisho Kikwete. Excellency Nkurunziza won that election and became a President of the Republic of I do not know where we went wrong from Burundi and things went smoothly. Now that particular time up to today until we what happened in between where there is reached this particular situation where one no peace, no security, refugees and of our countries is now hanging alone and everything? does not know where to go or where to belong. Mr Speaker, it is very difficult and sad. We should join our hands as a If you are looking for the African Union, Community. Let us have what His we can see African Union cannot do much Excellency Mugabe said, “Africa must to the East African Community especially unite.” As East African Community, we to Burundi. A very good example is the must unite. We should not point fingers at others. If we are saying we are one

Thursday, 4 February 2016 East African Legislative Assembly Debates destiny, one people, why should we leave Mr Speaker, I was also privileged to go, in this problem to a certain country or why 2015, as part of the election observation should we be apart within the Community? mission and this was under a very different situation so when I speak, I speak with a This is what I can say, Mr Speaker and I very heavy heart because we loved and we beg to support and I kindly urge the House still love to go to the Republic of Burundi. to see way forward how we can tackle this We enjoy the hospitality, the warmth of problem of our dear friend Burundi that is the people and it hurts when we cannot go part of East African Community. I thank there as freely. you so much. I would like to urge this House and The Speaker: Thank you so much, hon. propose a recommendation and I hope that Kizigha Angela. the Chair of the committee will accept the recommendation to the Council of Ms Dora Byamukama (Uganda): Mr Ministers that the committee urges the Speaker, I would like to thank you for Council of Ministers to facilitate the according me this opportunity and also to Committee of Regional Affairs and declare that I am a member of this Conflict Resolution, to undertake a fact committee and I fully subscribe to the finding mission to the Republic of Burundi report and forthwith congratulate our very before the next EALA plenary which will able chairperson for getting us to this point be held in March 2016. and the members. Mr Speaker, this is very important because As he rightly said, Mr Speaker, this is like as a professional lawyer, we were just an Apollo 11 space ship, which was full of hearing one group’s words against another very many intelligent people, and they group’s words. Therefore, when we do a disagreed all the time but somehow they fact-finding mission, we shall not just be landed safely on Mars and came back to reporting on what is known as hearsay but the earth safely. So I would like to we will be able maybe to garner some congratulate him on achieving this. semblance of facts to be able to inform us. Mr Speaker, I will speak to three things. Mr Speaker, my other reason is that when First and foremost, I appreciate all the you have a brother, sister, or friend in need efforts that have been undertaken to bring that is when you should not be running normalcy to the Republic of Burundi. In away from that brother or sister or friend. particular, I would like to salute the efforts That is when you should actually run to of the mediator, His Excellency Yoweri that particular friend, brother, or sister in Kaguta Museveni as well as the EAC. need. Mr Speaker, I would like to say very Indeed when we went as EALA and EAC clearly that I have been a member of this in 2015 to the election observation House since 2007 and we were very mission, most people turned down that excited when the Republics of Burundi particular aspect of the mission. Some of and Rwanda joined us. If my memory us and I am glad to say we are many here, serves me well, soon after, we were able to were able to go because we truly believe observe elections in the Republic of that the people of Burundi are our sisters Burundi and I remember Mr Speaker, you and brothers and that we have to stand and I were part of the delegation and I was with them – (Interruption) – honoured to go to Muramvia, a very beautiful part of the Republic of Burundi. Mr Nsabimana: I seek for clarification. Mr Speaker, thank you. The clarification I

Thursday, 4 February 2016 East African Legislative Assembly Debates want to seek from hon. Dora is that if you Mr Speaker, the EAC has a situation room go in that mission in Bujumbura, whom and if it is fully equipped, I think it will you are going to meet because both the help us as I have noted and I hope that the Opposition that is accused of being a chairperson will also consider this as a radical Opposition is not in Bujumbura. In recommendation, which I have written and Bujumbura, you will meet the government I am sending to the Clerk’s office. or the satellite party around the government. I want that clarification. Finally, Mr Speaker, my point is on Article 27 of the Treaty. As we talk about issues Ms Byamukama: Mr Speaker, I am of human rights, Article 27 that provides advocating or proposing a principle. I do that, “The court shall have such other not want to put the cart before the horse original appellate human rights and other because I am very democratic. Therefore, jurisdiction as will be determined by the the committee will be duly informed on Council at a suitable adequate date and to who to meet and thereafter, we may this end, the Partner States shall conclude actually also take on other missions if need a protocol to operationalize the extended arises. jurisdiction.” So permit me, my dear brother hon. Mr Speaker and honourable members, as Nsabimana, just to make a proposal – you are aware; I have almost, at every (Interruption) – session, brought out this particular issue. We do not have a protocol to help us Ms Ndahayo: Thank you, hon. Dora. I address issues of human rights through the want to say that from this report there are a East African Court of Justice. It is very number of Burundian refugees who are important that this be taken up because outside. Burundi has a population of more you cannot talk about the Customs Union, than 9 million, which means if you look at Common Market, Monetary Union, and the number of people who are outside, you Political Federation without addressing can visit the remaining ones – You have fundamental rights of the people, which even visited the refugees, which means are human rights. inside the country there is a big number of Burundians who can talk to you. Thank I think this is something, which is very you. urgent, and I would like to note that the Court has been proactive but much as the Ms Byamukama: Thank you very much, Court has been proactive, if we do not hon. Isabelle. I did not mention that we have a protocol and you get judges who have already visited refugees. I was in the are not proactive or who are a bit team, which went to Kigoma so the conservative, the gains may be lost. So we committee has been very active on this. need a protocol to enable us to do this. Since my time has been eaten into, let me With these few comments, Mr Speaker, I move to my second point. The second would like to thank you and to urge this point that I wanted to raise, Mr Speaker is House to adopt this report. on the issue of increasing resources. The Council of Ministers should increase Mr. Martin Ngoga (Rwanda): Thank you resources to facilitate the operations of the very much, Mr Speaker. I was part of this EAC situation room to execute its work, committee and I fully subscribe to the which include an early warning content. For that reason, I support it and mechanism that enhances timely for that reason, I will not be doing any intervention and coordinated action by the substantive discussion about this since I EAC.

Thursday, 4 February 2016 East African Legislative Assembly Debates support the content. I just want to speak on done. I want to congratulate the Chair of a light note. that committee. Special thanks to the Chair of this committee for the work well done. Thank you and I thank the Chair of our committee for having given the Assembly I remember it was not easy for that the opportunity to make this modest committee. I remember on the 25th in this contribution towards a common search for Chamber how they worked so hard until a solution in Burundi. 10 p.m. Mr Speaker, it is during the trying Mr Speaker, I want to come back on the moments that people show their recommendation made by that committee commitment to a common goal. Maybe we especially on the recommendation on the are being tested to show how committed assistance issue because here the we are on this one people, one destiny committee urges the Assembly to request commitment that we have made to each the Council of Ministers to make a formal other. Mr Chair, thank you for good request for urgent additional humanitarian complements about ourselves; members resources from both regional and from Rwanda and from Burundi but you international partner- For Burundi Partner should not expect less from us. It can State and neighbouring countries hosting never be less, the standard is up and it Burundi refugees and all displaced should be up always. persons. Mr Speaker, we all know the history of Burundi. We know where Mr Speaker I can only hope that this report Burundi comes from and where Burundi will meaningfully contribute because this was before 2015. is not a stand-alone effort. Other efforts are ongoing and we cannot play them In 2005, Burundi started to reconstruct the down. We are just contributing to that country and we know the progress that that common effort and I want to make general country has made between 2005 and 2015. support to any proposal that would help to Now because of that crisis, Burundi is enrich the knowledge we have about the down, I can say. Burundi needs assistance situation. so that it can start its progress. Like hon. Dora pit it, there is the principle Another issue as to why that assistance is part of it, there is the administrative and needed- You remember when we were in preparatory part of it so the idea about a Nairobi during the plenary we raised that visit to Burundi which can help in terms of issue of helping refugees. I take this enriching our knowledge about the opportunity to appreciate the support by situation. If we have time to work on it ADB recently to the Republic of Rwanda properly, define the purpose, terms of and the support by UN for the United reference, it is something that in my view, Republic of Tanzania because those we should support. countries are hosting refugees. You know, handling matters of refugees is not an easy Thank you, Mr Speaker for this task to do. opportunity. Another recommendation I would like to The Speaker: Thank you so much. come back to is the ne to ensure that Partner States complete the ratification of Ms Emerence Buccumi (Burundi): the EAC Defence Protocol and the EAC Thank you so much, Mr Speaker. I want to Peace and Security Protocol. We came congratulate the members of the back to these issues when we were in Committee of Regional Affairs and Nairobi during the last plenary. Conflict Resolution for the work well

Thursday, 4 February 2016 East African Legislative Assembly Debates

The ratification of this Peace and Security Burundi. That has not happened yet so Protocol is the only legal instrument, enough has not been done. We have not which can easily allow problems to be done enough to stop the humanitarian solved when crisis happens. crisis, we have not done enough to stop the human rights crisis and we have not done Mr Speaker, I want to support the idea enough to stop the political crisis. That is raised by my friends; hon. Isabelle, hon. the truth. Dora and supported by hon. Martin Ngoga when they request EALA to visit Burundi If our conscience is snot pricked by this to discover for themselves the reality on and we go to bed every single day and the ground. sleep soundly then there must be something wrong with our definition of the Mr Speaker, I want to tell you, as my word Community. We seek to become one friends said, that the delegation from the people with one destiny; we seek to UN visited Burundi before the AU Summit become a Community built on solidarity. took place in Addis Ababa. They found If someone hurts in Burundi, we hurt. If that the reality they had heard through the somebody suffers in Burundi, we suffer. If media and social media are very different. somebody dies in Burundi, we die a little They went back with another image of bit as a Community. Burundi. Until we reach that threshold, we must If members go to Burundi, they will find work hard to attain the threshold that will that sometimes what they have heard were allow all the people of this region to be simply rumours because even some who safe and secure. I join the other members went there – You heard that the AU also who have spoken to efforts that need to be planned to go there, even the Secretary done to enhance our capacity to promote General of the UN planned to go there in peace in our region and to confront the last few days. It is better to go and conflict, God forbid, when it happens. discover what is on the ground. I am sure that when members go there, they will Even with the resources that we have come back here saying that Burundi as we allocated, we must ask ourselves, as the have heard on the media or social media is East African Community, why did our totally different from what we discovered early warning system not work? If it did there. work or have warnings that this was going to happen, why was there no proper Thank you very much and I support the response at the policy level? report. When I say this, I do not want to apportion Mr Zein Abubakar (Kenya): Thank you, blame. I say all of us must ask this Mr Speaker. The tabling of this report question. We must ask the question and I before this august House raises a refer this to the Council of Ministers. I fundamental question of conscience to all hear they know that they are listening to us of us. It seeks to address the question not always keenly. The new minister from … has EAC, its organs and institution, has Tanzania, now you know the feeling of it done something. That is not the question this House and why we needed that Bill on of conscience that I am referring to. It disaster management to be passed. raises the question of conscience, have we done enough? We in this House have passed a law which seeks to establish the East African This is because what the result of our Parliamentary Institute. It was passed by efforts is so far? Enough would be when people before me. I found their good work we have brought peace, stability to

Thursday, 4 February 2016 East African Legislative Assembly Debates here but I have not seen the fruits of that The Speaker: The Counsel to the tree. The tree wants to bear fruit. Who is Community. stopping the bearing of this tree? We are seeking for a date to operationalize the Mr Abubakar: I am thinking. Yes, I will East African Parliamentary Institute. Why? accept it. Because that is the institutional framework The Counsel to the Community (Mr. to build the capacity of this House to Anthony Kafumbe) (Ex-Officio): Mr exercise its parliamentary diplomacy. Speaker, I want to inform hon. Zein that It is in that institution that we have the United Republic of Tanzania has also envisaged establishing the East African signed. I also want to inform the House Parliamentary Centre for Peace and that the Protocol on Defence has also been Security. We make prayers to the Summit, ratified by all countries, by the five we make prayers to the Council of countries. Ministers, and I am finishing with these The Speaker: Thank you, honourable two points, Mr Speaker. CTC. Hon. Zein, the floor is yours in one The Community is watching. We have to minute to summarise. choose what kind of Community we are. Mr Abubakar Zein: Since I was given Are we true to the values that are more information by the honourable CTC, established in Article 6(d) and Article 7(2) which I could not decline, he has by that talk about the rule of law, democracy, parliamentary practice added half a human rights, constitutionalism and minute. respect for the same? So we have to choose. Do we believe in those or do we Thank you, Mr Speaker but quickly to pay lip service? finish, first I would like to thank the CTC for that information. Secondly, I would The last point I wanted to make was partly like to thank the United Republic of made by hon. Dora Byamukama on the Tanzania but finally two things. floor concerning the role of the East African Court of Justice. I pray to the That still does not give us relief because Council of Ministers to listen and to pray you have to exhaust local structures and to the Summit and say, as we stand today, mechanisms first before you can access the the people of East Africa cannot go and African Union ones. It is not too much to adjudicate on matters of governance or ask to expand the mandate and jurisdiction matters of human rights before any court. of the East African Court of Justice. Why is that so? Because we have been told I finish with this thought. We who believe that we can reach into the African Union in African solutions for African problems mechanism and get relief from there; that stand to be counted to show that African people can get relief from there but they solutions work. If we do not then we are in cannot for two reasons. One, only one trouble. Thank you, Mr Speaker. country or Partner State has signed the necessary instruments to the African Court Ms Hafsa Mossi (Burundi): Thank you, of Justice. Only one out of five and that is Mr Speaker for giving me this opportunity. the Republic of Rwanda. Like others have said, I am a member of this committee and I want to thank most Secondly, even then, the international sincerely my chair for the dedication, instruments are such that you must exhaust commitment, wisdom but also all other local mechanisms first before you go – members for showing political maturity in (Interruption) Information from whom? undertaking this exercise.

Thursday, 4 February 2016 East African Legislative Assembly Debates

Mr Speaker, since I am a member of this your people in Burundi and we can come committee, I will not talk much about this there and visit and see for ourselves that report other than saying that I support fully there is peace in Bujumbura or in whatever the recommendations and insist in the corner of Burundi, it does not make sense recommendation, which has been made if one corner or part of Burundi is still that we need more action and more crying that we have a problem. commitment. We need to be shown as a country, which is a member of this When I read about rapes, violence, women Community that other member states care going through rape, I cannot forgive the and that they can do something to help us government of Burundi because the in overcoming this crisis. Opposition has not taken oath that they will protect the people of Burundi. It is I want to finish my submission by stating a incumbent on them to make sure that the saying that when nails grow longer, you do women who are being raped in Burundi not cut your fingers, you cut your nails. are safe. Let us not be in denial. Let us This is to say that nails have grown longer, admit that there is a problem. we are in a crisis. I want to pursue those who think that in excluding Burundi from The issue of refugees, they really do not the Community, in imposing sanctions on have to be in your country and that is why Burundi we will have a solution. We will they are refugees. They are running away all be hurt. Thank you very much. from something. Let us not bury our heads in the sand and say, come you will find The Speaker: Thank you, hon. Hafsa. that we are okay. We are not okay. Ms Agnes Mumbi (Kenya): Thank you A committee of this House visited, I think very much, Mr Speaker. I want to join my two refugee camps. If I remember very colleagues in thanking the committee and well, the report said there were about 7000 the Chair for presenting a report that was children below the age of nine that were in so clear. I must say he had courage writing those camps. They are not children from this kind of report and all Partner States Kenya, they are children from Burundi. are represented in the committee. It was Let us not bury our head in the sand and I not easy and I do not envy him. am requesting the people of Burundi. In as much as we are our sisters and brothers The government delegation then comes to keepers, let us not live in denial. sit in front of you and one of the members is a member of this House. That is also not I do not understand French or Kirundi but very comfortable. I am able to understand that people are suffering. I am able to understand the pain Mr Speaker, I do not envy you either but so as we sit in this House, I beg ourselves you have given us an opportunity to that enough – A member who is kind of a contribute to a sensitive issue it is a geo- refugee in another country is a discomfort political thing. We are even talking about to all of us and as we think about that, members of the Summit. It is not a remember as members of the government, comfortable position to be in. you cannot have the pain because you are not experiencing it. You have bodyguards, I want to talk about what the report says on you are protected, and you are still pages 14, 15, 16 and 17 and I am going to probably earning a salary. Those of us who take less than two minutes. I want to say are members here are still earning their per that the report is good but to the Republic diem. It is not comfortable for the rest of of Burundi, we can come with your the Burundians. constitution, your Treaty, the Arusha accord but what is happening is affecting

Thursday, 4 February 2016 East African Legislative Assembly Debates

Therefore, I am really begging that this First of all, I would like to congratulate the oversight of some kind to me is a waste of Chair of the Committee of Regional resources. I am asking that we sit and say Affairs of which I am a member. His it as it is. It does not matter whether it is handling of the public hearing was so well 1000 or 800 that are dead or even 300. If it and so even handed and with is one Burundian who is suffering or who determination to accord opportunity to all has died, it is still a crisis and I am begging the parties concerned to address the our members. Let us not be government committee. The way hon. Mwinyi handled and civil society and opposition and I do it was very good. not know what. There is a crisis. I would also like to congratulate my Let me finish by saying that in Kenya in colleagues for us having produced this 2008 when we almost got into that kind of very fine report, which has collected a problem, one of the leaders at the top evidence from either side. That is said, what would be the benefit of getting excellent. the presidency with half of the population dead? That pricks the conscience of Having sad this, I would like to say that I Burundi and its people. It is not worth it to support the report and I support the shift blame to another Partner State and its committee’s recommendations. The leadership. It is not funny to shift blame to committee’s recommendations are very some civil society that are being funded by god and it does recognise the fact that some foreign masters somewhere. That is there is a political crisis in Burundi and it not the language we should be using. appreciates the efforts of the Summit in trying to bring lasting peace to the Mr Speaker, I support this motion and Republic of Burundi in the past and request this House one on one. Let us be currently. our brother and sister’s keeper by telling each other, go say in your country, enough Mr Speaker, the person who is chairing the is enough. We want you as a part of the mediation effort is His Excellency Community but please, clean your nose. President Yoweri Museveni, the President Clean yourself. Tell them they are stinking of Uganda. It should be remembered that it and this stench is getting all over. Thank is the same Excellency. When you talk you. about Arusha Accord, his involvement was unquestionable; trying to bring peace in The Speaker: Just for the Hansard of this Burundi. House, the adjective is no accepted of stinking. It is not parliamentary. Therefore, nobody should doubt the commitment of His Excellency, a member Honourable members, I intend to conclude of the Summit to try to help the people of this process by 8.30. You all have watches. Burundi. I support the third Stick to your four minutes and if you can recommendation that is an all-inclusive do it in less time, better for us. and participatory approach for all Burundians in order to bring lasting Honourable member, you had not risen up. solutions. If you do not have an all- The rules require you to stand and I see inclusive sitting, if you exclude others, you. those others begin to look for ways of getting involved. So this is a very Mr Chris Opoka Okumu (Uganda): important recommendation by the Thank you, Mr Speaker for giving me the committee. opportunity to speak.

Thursday, 4 February 2016 East African Legislative Assembly Debates

Third, it is the duty of the Burundi are a member of the committee, I suggest government to offer protection to its that you use less than four minutes because citizens and that is the duty of any when you start recommending and government. Having said that, I applaud appreciating your own recommendations, what hon. Dora, hon. Ngoga, hon. you become like a lizard who falls from Buccumi and hon. Isabelle have said that the wall and starts nodding its head. we need to find a way to go to Burundi. When the Committee of Regional Affairs Mr. Christophe Bazivamo (Rwanda): went to the refugee camps, the Thank you, Mr Speaker for this recommendations that later on came opportunity. because the information that we got from First, let me sincerely thank you as the the refugees was, and this Assembly Speaker of this House for having approved that recommendation, that there commissioned this activity, an activity I was need to go to Burundi. think is of high importance for our House I think it is very important that this and in search of peace and a peaceful committee or the Assembly should find a solution to the problems in Burundi. I way of getting members to go to Burundi. really congratulate you for this activity. If the United Nations, a bigger body than On another note, let me thank the ours has found it fit to go to Burundi, why committee for a work well done. On a shouldn’t we? If the AU, after having special note, I would like to thank the made a resolution on intervention has Chair of the commitment only for the found it fit to also go to Burundi, why report presented but most importantly, for shouldn’t we? I think it would be more how he has managed the process to reach prudent for us to do that. this report. Lastly, Mr Speaker, I would like to draw I also thank the government of Burundi for the attention of members to the having sent a delegation to take part in this fundamental principles of the Community process. I do want to say that I support this in Article 6 of the Treaty. (a) The mutual report. I have gone through it, after having trust, political will and sovereign equality, heard what the Chair has said and I see peaceful co-existence and good that it is a report, which is well researched, neighbourliness, peaceful settlement of done in a professional manner with disputes and this applies even intra-state. constructive resolutions. Peaceful settlement of disputes, good governance- Those are very important Mr Speaker, it is very important to stand principles. with the people of Burundi by ensuring that these recommendations are If we observe these, we are one people implemented especially the crucial ones with a common destiny. We cannot deepen targeting to restore peace and security in and widen integration if we go on to Burundi. exclusion mode. Mr Speaker and honourable members, any With those few remarks, I would like to delay in an area with insecurity implies strongly support the report of the more loss of lives and this is not what we Committee on Regional Affairs and wish as an Assembly. congratulate the Chair for handling the matter very well. Thank you. I actually urge every one of us to be as an advocate for peace and security and to The Speaker: Thank you so much, hon. make sure that we contribute adequately Chris Opoka. Honourable members, if you wherever we are to make sure our sisters

Thursday, 4 February 2016 East African Legislative Assembly Debates and brothers in Burundi have peace and Mr Jeremie Ngendakumana (Burundi): live peacefully not only yesterday and Thank you, Mr Speaker for giving me this today, but also tomorrow. opportunity to contribute to this report. Let me confess first to this House that I got the Mr Speaker, I would like to urge you also opportunity to attend this public hearing as as the head of our institution to try to see I was around and it was public. I do how to approach your colleague Speakers appreciate the Committee on Regional of the region to organise a special Affairs on the way the public hearing was Speakers’ Bureau to talk about this report, conducted because it was not so easy to to talk about the situation and to try to see do. This was because the different together how you can influence the way presenters, one pulling this side trying to forward to find a good solution for the report what is happening on the ground, problems which are being faced there. another party pulling that other side, trying to justify or defend what is on the ground. I wish that this Assembly – Of course I support the idea of the committee to visit It even happened that they said that it was Burundi and have better information but I exaggeration. Surely, I can say that maybe would wish to have this House in a special those reporting on what was happening in way, to have in its oversight role, a team or Burundi maybe they have exaggerated but a mechanism for day to day follow up of also the other party trying to defend the implementation of the exaggerated also. I may give an example recommendations which are done and but I will restrain from doing that. which we have heard in this report. This is so that we make sure that what we are I may have my own opinion but it is not doing today does not fall in some other the subject of this intervention or report cases where recommendations from our but what both sides accepted is that there House have been neglected in is a problem in Burundi. Both parties implementation and it came to us to accepted that there is a problem so there discover it a long time after. are no rumours in Burundi, there is a problem. There is a crisis in Burundi, there Mr Speaker, for this endeavour, I would is a situation that we must handle properly like to propose a further amendment in this and find a solution to – (Interruption) - report towards our Assembly and the recommendation, if the Chairperson of the Ms Buccumi: Thank you, Mr Speaker and committee agrees with me, I have already thank you, hon. Jeremie for giving me sent it to him. The recommendation way. I talked about rumours referring to stipulates that the committee urges the speaking what is showing and what is said House to put in place measures or by some media and by some social media. mechanisms to follow up on a daily basis There are sometimes rumours there and the implementation of the some people take those rumours as a recommendations done in this House reality. Thank you very much. today. The Speaker: Thank you so much, hon. Mr Speaker, if this is agreeable, the Buccumi. Of course, this Assembly would documents, which can be written in good not have sat and discussed rumours. English or improved, has been sent to the Proceed. Chair of the committee for this further recommendation to the House. I support Mr Ngendakumana: Thank you, Mr the report, thank you. Speaker. I was saying that both sides, one pulling this side saying that there are The Speaker: Thank you so much. exaggerations and another side pulling and

Thursday, 4 February 2016 East African Legislative Assembly Debates trying to defend itself. I think that was the The Speaker: Thank you so much, hon. situation and I congratulate the Committee Jeremie. on regional Affairs that came out with constructible recommendations; picking Mr Emmanuel Nengo (Burundi): Thank from both sides and trying to have what you, Mr Speaker for giving me way to can be done to support Burundi in this contribute to this report. Let me declare difficult situation. that I am a member of the Committee on Regional Affairs and Conflict Resolution. I also congratulate the Committee on Regional Affairs on how it handled the First, I would like to congratulate the requests of the petitioners about the petitioners for having brought this petition actions to be taken against Burundi in this in this House to allow the members to situation. They asked that Burundi be contribute to seek a lasting solution to the expelled from East African Community, current crisis in Burundi. from the EU and my opinion on this is that Secondly, Mr Speaker, I want to Burundi is part of the Eats African congratulate our Chair, hon. Mwinyi for Community, just like a part of a body. the way he managed to guide us during our When an arm is suffering, you do not cut discussion and during the public hearings. it, you call upon a doctor to find the You can imagine how this situation of necessary medicine to cure that disease. public hearings was very stressful. In a family, when a child gets a contagious Mr Speaker, I stand to support the report disease, you do not reject him from the especially the recommendation saying that, family. You find appropriate medicine to “Support all-inclusive participatory and cure the disease and the child remains a credible process of dialogue outside member of the family. Burundi to bring a lasting peace to On this, I would propose that I fully Burundi.” support the recommendation of the Why do I come back to this Committee on Regional Affairs and I recommendation? Mr Speaker, we can do would like to request the Community to everything; UN can intervene, AU can find the appropriate support for Burundi intervene, EAC can intervene but the last and the appropriate support is not solution comes within Burundians. specifically the one proposed by Burundians themselves. The Community, Mr Speaker, when we say peacekeepers being aware of the situation in Burundi, can come to Burundi, yes the AU is trying being aware of the problems in Burundi, to seek the way as to how this can be done may see the appropriate support that can but in my thinking, I think it is not the help Burundi. most necessary. What is most necessary is to bring together all Burundians to You know some medicines may hurt dialogue. someone who is taking it. You will not take some medicine willingly. You must I think if Burundians come together and take courage and take the medicine to cure discuss all the issues they have and not your disease. What is important is that you hide, anything especially when they say are aware that you are suffering from a Arusha Accord, the Constitution, I think disease and you are willing to take the those instruments must be put on the necessary medicine to cure your disease. agenda. Why do I say that? Some can say the Arusha Accord is untouchable but With these few remarks, Mr Speaker, I when we take account in our country, I support the report fully. cannot say that all Burundians are happy

Thursday, 4 February 2016 East African Legislative Assembly Debates with the Arusha Accord or with the I think these recommendations are very Constitution. strong and if the Council works on them and the Summit also work together, I think Let me take an example in the Arusha the solution will be found in a short time. Accord. They say 60 per cent belongs to the Hutu, 40 per cent for the Tutsi. Mr Mr Speaker, I do not have much to say just Speaker, in the preamble they say that to thank the members or their solidarity to three ethnic groups constitute Burundi, our country because I saw that members namely the Hutu, the Tutsi and the Twa, are very committed and very engaged to but when they come for sharing, they say support us. I think Burundians are aware, no, you Batwa are not…It is not true. they are conscious and we recognise your support. That is why I thank you so much, They say in the army, 50 for Tutsi, and 50 especially you, Mr Speaker for allowing us for Hutu. Those Batwa who want to be in to discuss this petition. Thank you so the army, who are they? I cannot much. understand that. That is why the Arusha Accord must be touched or expended. It The Speaker: Thank you so much, hon. cannot be that we cannot touch that Nengo. Honourable members, I need to accord. apologise to you for holding you so long in this debate but you understand that this is Even the Constitution is the same. In an expression of our commitment to the government now, they are saying the Hutu magnitude of this problem and the must be represented at 16 per cent, Tutsi at sensitivity. I think six hours of sitting is 14 per cent. It means that no Mutwa can be not as painful as those innocent souls that a member of the government. We cannot are perishing. Thank you so much. accept that. That is why if you want to cure the problem of Burundi, we have to Mr Pierre Celestin Rwigema (Rwanda): sit together and look at those matters Thank you, Mr Speaker. Let me start by especially those instruments, which are congratulating you first because if we did sometimes marginalised, or discriminating not get a very good and strong leadership, to others. this kind of petition would not have been here in our Parliament. Mr Speaker, I support the internal dialogue because this internal dialogue helps all I remember when we were in this petition, people to be involved, saying what they it was almost live in the UN and AU- feel. If you keep hiding or you do not say, everywhere, and people were saying, it will lead to other bad things. That is why finally the Parliament is working. I we need inclusive dialogue internally and congratulate you. externally. Mr Speaker, I am a member of this Lastly, what I am waiting to see is the committee and I am happy to be a manner in which the Council of Ministers member. I want to congratulate our Chair, will take these recommendations to the hon. Mwinyi because of his elaborated and Summit because we need to see the balanced report. Summit to be involved as UN, AU. Every day they keep it in heart to visit Burundi Hon. Mwinyi has big thinking, a wise and see what is there and to discuss with vision, guidance, and a very flexible the government and the Opposition. approach to direct and advise people. This Maybe they are seeking to see a way in report was not so easy; to get a report like which this crisis can be handled in a better this one. I was very sceptical before we manner. started to work on it. It is the reason why I want to join my Chair, hon. Mwinyi and

Thursday, 4 February 2016 East African Legislative Assembly Debates thank all the members of the committee for Mr Speaker, I share and I agree that if we the hard work and for their availability and can get some insights and information or methodology in working. be updated so that we can visit Burundi, it will be very helpful. I share also the Specifically, I want to thank the members recommendation brought by hon. of the committee from Burundi and from Bazivamo of follow up. If you can accept, Rwanda. It is a matter, which is very I can put an addendum that if we can get a sensitive. They have shown maturity sub-committee in the kind of otherwise it would not have been possible. recommendation for the follow up because this matter concerns this Parliament and I Mr Speaker, I cannot forget to thank Dr have seen that people believe that we are Murunga, report expert for his balanced not doing anything on this matter. We opinions and ideas in writing this report have to be very involved and make day to and congratulate our Clerk, Shirley day follow up. Kadonya. He is very hard working and worked by night and by day. He has to be Mr Speaker, as I have said, I am part of congratulated. this report, I subscribe to it totally and I thank you again and I support it. Mr Speaker, as I have said, I totally subscribe to this report and its contents but The Speaker: Thank you. I have one comment or observation to make. You have seen all the key issues of Dr Kessy Nderakindo (Tanzania): this report. I have been concerned by the Thank you, Mr Speaker. Since it is my case of youth and insecurity. first time to have a chance directed to me to contribute in this House, I would like to Mr Speaker, I thank you very much wish my colleagues and everyone who is because these days we see youth coming in in this House a happy new year. I would and following what we are doing. This is also like to congratulate the two ministers new and very encouraging for the who have been sworn in that we are a Parliament. Imagine when you have an family, na kawakaribisha, karibuni katika armed youth, a militarised youth which is familia ya EALA. very partisan, powerful, unaccountable, most likely uneducated. You cannot expect In addition, I would like to congratulate to resolve political problems when these the committee for a good work and add my youth are engaged politically. voice to all those who have given congratulations to the Chair. I would also In many rural areas, I have seen the like to make a note to congratulate you, Mr Imbonerakure acting in coalition with Speaker for facilitating the committee so local authorities and with total impunity, that they were able to have a public behaving as a militia over and above the hearing in this Chamber, which enabled Police, above the Army and above the more members to participate and hear the Judiciary. The group then appeared to be report for those who participated. Thank as one of the majority to peace in Burundi you, Mr Speaker. and I am saying this because we now have a chance to have a Minister in charge of I have two things to say, Mr Speaker. One East African Affairs in Burundi. is a question on what is written on page 14 paragraph 32, the last line. It says that they We Rwandans used to get some problems reported that they had sent a letter to the the government had to focus on the kinds Secretary General that he should never be of problems with the youth; disarm and part of the team facilitating peace talks in educate the youth if not we will not Burundi. resolve the problems.

Thursday, 4 February 2016 East African Legislative Assembly Debates

I would like to ask the Minister from One of these girls or boys who have been Burundi, my sister hon. Leontine that I raped could end up and I am sure they will believe that this might have been – From end up being leaders with scars. We want what I know is that the letter had come the Community to go forward; we want the from a particular group. It is not the dreams of our forefathers to bring the unity government but what has the government of Africa, to be left with leaders who do done so far to solve this, in particular that not have scars. Thank you, Mr Speaker if it was addressed to the Secretary and I support the report. General, it meant something to do with the whole of East Africa. The Speaker: Thank you so much, hon. Kessy. Mr Speaker, there is something which was written on page 9, paragraph 18 talking Ms Valerie Nyirahabineza (Rwanda): about for instance minister Nshirimana Thank you very much, Mr Speaker for the cited the admission in January this year by opportunity. Let me add my voice in Minister in charge of Human Rights who congratulating the committee but first of recognised that 10,000 cases of sexual all, before I explain my point, let me thank assault were committed. I wonder how you sincerely and congratulate you, Mr many girls were raped, how many mothers Speaker because since you have been were raped, how many young boys were elected Speaker of this Assembly, I molested. remember a few months after, wherever we were going, be it in Partner States or The writing here makes us cry. We cannot whenever we were meeting people or wait. The number is too big for us to wait stakeholders, you called upon them to for the normal process. I remember one of bring petitions because they are also the founders of this Community Mwalimu partners. I mean the people outside there Nyerere say, while others are walking and are also our partners in the integration jogging, we should be running. Now I say, process. You called upon them to bring the number here of those who were petitions, to send letters, to visit the sexually abused in what is happening in Assembly if need be so that we can at least Burundi should make us squint. As get feedback with regard to what is leaders, do we have to wait to hear that it happening out there in line with the is a mother of one of us who was raped? integration process. Do we have to wait that a daughter of one of our colleagues that was raped? Do we Mr Speaker, since that very time, we have have to wait to hear that it is one of the seen a kind of influx of petitions. I thank leaders who was raped to speed up or you sincerely because now we are dealing hasten, to make this an urgent matter? with our real stakeholders and that is why I also take this opportunity to congratulate It is a cry of those whose cries cannot be the petitioners. These petitioners should heard in this House. Therefore, Mr really be appreciated for – Like our Speaker, I think this is an urgent matter. Speaker who has always been speaking out We say that we are one people, one destiny and who came out clearly since the very but our processes do not reflect that. We time that this issue arose, these petitioners need to sprint to solve the problem of brought this motion because they have a Burundi for the sake of those little girls sense of humanity. We should congratulate and boys that will be our next leaders. We them and we should tell other people to do not know what happened to Adolf emulate their example and help us make Hitler that caused the crimes. We do not the integration process effective and a know. reality.

Thursday, 4 February 2016 East African Legislative Assembly Debates

Mr Speaker, I also thank this committee. I need be, whether a kind of slot or am not a member of this committee but I opportunity could eventually be given to followed what happened. The first public not only members of this Assembly now hearing happened when we were not here that we will be with our counterparts in the yet but for the second round when the five Partner States. Is it possible that at Committee of Regional Affairs and least we discuss this matter? Is it possible Conflict Resolution was conducting public that we express constructive views so that hearings and when the government of our sister Republic of Burundi can come Burundi ably represented by hon. Minister out of the crisis it is going through now? came here, I was here as an observer. I am not very sure whether that is feasible I thank the committee for being patient and but it is just a humble proposal I am showing a sense of professionalism putting here so that eventually you can specifically if you consider the manner in look into it. which they handled this issue. But what I want to congratulate them for mostly is to Mr Speaker, I cannot over emphasise have shown not only patience, things that were ably put by my colleagues professionalism but to have taken time to and I sincerely thank hon. Mwinyi with a go through all the literature that was at special vote of thanks because the wisdom their disposal. with which you have conducted this activity normally goes without saying They did not only listen and hear the because you are loyal, you are somebody people that came to represent various who has been conducting very many shades of opinion but they also went activities, some of them in the same light through different literature as ably as this. So, I urge the committee on highlighted in the report. The conclusion Regional Affairs and Conflict Resolution or outcome of it was that they produced a to keep this spirit up so that the integration report, which is objective so they have process we have been preaching and that been objective and they have been well we are continuing to preach can become a balanced. reality. This report is very educative and Is it possible that he pronounces himself informative and that is why I wanted to on that proposal? I think it is the discretion give a point of information to some of my of the Right honourable Speaker. I thank colleagues but I said, now that I am you so much. subscribing to all the contents of this report, there is no need for me to give this The Speaker: Thank you so much, hon. information because everything has been Valerie. On your inquiry, the Nanyuki covered and I fully concur with it in its series preparations is in its highest point entirety. and the subcommittee working on it is very sensitive to the relevance of what is Mr Speaker, mine will be just a proposal. I obtaining to the region to the topics that thank you for this opportunity and for are going to be discussed. So there are having allowed the Committee on avenues for exploring further discussions Regional Affairs and Conflict Resolution with our colleagues from the Partner States to conduct this public hearing, for allowing on this subject. I thank you so much. this Assembly to come out clearly an strongly in support of the Burundian I have a request from the honourable people but now that we are likely to have a minister from Burundi to say something Nanyuki series – I know that preparations and the RT hon. Third Deputy Prime are ongoing but mine is just to propose, if Minister will also say something.

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The Minister to the Office of the Mr Speaker, there is something I did not President Responsible for see in the report. They talked a lot about East African Community Affairs, genocide in Burundi and most of the Burundi (Ms Leontine Nzeyimana): speakers on the day of the public hearings Thank you, Mr Speaker for giving me the talked about the composition of the Army floor for the second time today and and the Police forces in Burundi and how allowing me to make some comments on they are made up. this report. In the Army, we have 50 per cent of Hutus I do recognise that the work, which was and 50 per cent of Tutsi. In the Police, it is done by this committee, was very difficult the same. In the government, we have 40 due to the sensitivity of this topic. per cent of Tutsi and 60 per cent of Hutu. However, they made it. We have the Vice President who is Tutsi and we have the Second Vice President of Mr Speaker, we talked about rumours and the National Assembly who is Tutsi. We realities. It is true that this House cannot have ministers who are Tutsi and the sit and discuss rumours but one thing that I Army- How can this genocide happen. I want to say is that we do have many did not see this in the report and I would refugees in two Partner States but most of like to see it because most of the these refugees left because of rumours and presenters on the day of the public because of the trauma, they have about the hearings said it. election process. We have bad memories of election processes in Burundi. In 1965, Mr Speaker, I do not wish to go further that was the first election in Burundi and it because members have said a lot. Just as I went with lives of Burundians. You all said in the afternoon, Sheriya ni msimeno. remember President Ndadaye who was the Let the sheriya be respected. first democratically elected President in 1993, and when he was killed, we had a About what my sister hon. Odette said to long crisis. In 2010, we had the same bring East African forces in Burundi, I situation but it was not very serious like strongly object to that idea because as I this one because the international said, the Burundi forces are enabled forces community saw it and we managed. This and as you all know, they do participate in time round in 2015, the situation was the peace keeping missions in Somalia, in same. Central African Republic and they have credits. I have never heard of human rights I would like to remind my brother hon. violations allegations against those troops Ogle not to compare the situation in that we have in those different countries. Nigeria and Burundi. President Goodluck They are very well appreciated so I do not Jonathan lost the elections, and what else think that we need external forces in was he supposed to do? Just to go. Burundi. For Burundi, earlier we talked about the Instead, as many of the members said, we rule of law. Let the law govern our all need to sit down and talk and agree as it countries and our Community. The happened in Arusha. Constitutional Court of Burundi, which was established by the Constitution itself, Mr Speaker, I would like to answer my ruled about the candidature of President sister hon. Kessy. I think that this should Nkurunziza and we should let the law rule be very well clarified in the report. It is not instead of the feelings of some few people the government who wrote the letter to the who think that their feelings can be mediator saying that they do not want the superior to the law. SG to be part of the mediation process, not

Thursday, 4 February 2016 East African Legislative Assembly Debates at all. It was said by a leader of a political the conditions became tough, we recalled party, it is not the government. Kintu Musoke. I think most of you who were in the public So the five of us were the leaders of the hearing- I said that the government has not revolution in Uganda that actually worked said that they do not want the Secretary along with the leaders that were there. We General of this Community to be part of had no intention and we have never had an the process. So they have never said it and intention to be on the front seat but mainly I would love to see it stated clearly in the to organise so that we throw colonialism report. out. Mr Speaker, I really thank the Chair of this That was the time when Kenyatta was still committee, the members of this committee in Kapenguria and Mwalimu Julius and yourself, Mr Speaker. The petitioners Nyerere was also battling for the came, you listened to them, and then the Tanzanian independence. So to have been government and other parties from able to survive up to now and see a young Burundi came and you listened and the generation discussing so passionately report portrays what was said in the public about African concerns, I think that gives hearing. Thank you, Mr Speaker. me another lease of becoming younger. The Speaker: Thank you so much, hon. To give you a light note, I can also relate Leontine, the Minister of East African my steps here. I have told you 51 years. Community Affairs from Burundi. During that time, there was a Central Legislative Assembly and there was a The Third Deputy Prime Minister and vacant place, which fell for Uganda to fill. Minister of State for EAC Affairs, I was then a party official, the secretary in Uganda (Mr Kirunda Kivejinja) (Ex- charge of research and information, Officio): Rt. hon. Speaker, I did not intend Bureau of the UPC, the back room adviser to contribute because I am very new and it of my Prime Minister and you can see me has taken me, for your information, 51 now at this time and imagine what I was at years to walk to this Assembly. that age. Maybe to be able to tell you exactly the So I went to my leader and said, by the path we are taking and why I have been way, there is a vacant place here and we here and happy. The struggle that you have been working for East Africa. Why know I am still the living monument who, don’t I go and represent? He said, Kirunda, when we were still young, agitated that the people do not trust you. I knew he was Africa must be free. We were very few saying that he does not trust me. I said, no, elites at that time. when we have a party, we call the Executive, offer ourselves and whomever In Uganda, we had our leader called they choose will go. He agreed and he was Kakonge who was the only one with a impressed by the argument. Masters’ degree in Economics. Another one was Adam Saani who had just finished An Executive was called and actually, we his Bachelors’ in Economics from deliberated. I offered my candidature and Calcutta. There was myself and I was his preferred candidate- He got somebody actually doing my finals in a BSc honours to be nominated so that it was not a free in Zoology with Botany and Chemistry as field for me. He also feared that this mu subs in Delhi. We were joined by firebrand might be able to turn tables so he Bidandi Ssali who abandoned his last suggested another person whom he said referral paper from Lypool and then when would be able to cool the situation.

Thursday, 4 February 2016 East African Legislative Assembly Debates

Unfortunately when it came to voting, I I said, BK, as we used to call him, we sat lost and his candidate lost and the one who last night and we agreed that the official was put there to make sure that they divide candidate is this one and he has already the vote and his candidate goes through been nominated. Now you are coming passed through. I said, okay, the party has back to accompany somebody who was decided. defeated and I am sure it is the president of the party who has told you. If that is the The following day, we convened the party game, let me also put in my papers. of the parliamentary caucus – Parliament will decide. (Interruption) - A crisis was created and the chances that I The Speaker: Right honourable, the would go through were strong. To come to members are very interested in the story the CA, untamed would create a situation but speak to the microphone. They feel which would be unmanageable. So another they are missing it. meeting was called this time to rally our support to the official and the chairman Mr Kivejinja: I thought I could bring it was forced to say, we have the official because 51 years to walk here, you need to candidate to support. know so that you also become patient in what you are doing. As nominations had already been done, we stepped down our candidature and on The Speaker: Right honourable, you voting, I got 10 votes and the candidate of should speak from a preferred podium. the president also got 10 votes and the Take the podium, it is not very often that official candidate won. That was my we get the chance to get this and we are so attempt of coming to CA 51 years ago. So, privileged to have it so please take the don’t you see the journey I have walked podium and get your submission done. and I am still around? Mr Kivejinja: Thank you, Mr Speaker. Now it is my pleasure that I did not intend Maybe I should speak in front of you so to make my maiden speech today but I that you can see me in my youthful energy. thought I could put my credential properly The following day was nominations but and first express tremendous appreciation because I knew my leader was not sincere for the welcome because whoever stood up in what he was doing, I knew he would do was congratulating and welcoming me and something. So I also got my nomination I felt happy. One person even tried to papers prepared ready for nomination and suggest that perhaps I am an endangered I went and hid in a small corner of species but I took it in a different context Parliament being watchful to the gate of that for an Assembly to receive a person of the Speaker where nominations have to be my youth, we are not very many like me. done. If I am here then definitely I think it is better that I am an endangered species and At 11.30, the official candidate came and I expect you to protect me so that you get presented his papers. I said that is very whatever you can from me and be able to good. Ten minutes to the closure, I saw a equip yourself to carry on the war. This is member with whom we were in the because the journey for African Executive accompanying a candidate to go emancipation has been long and it is going and file his nomination. I was in the to be long and you will meet many corner. I waited and made sure that they obstacles. had presented their nominations and they have been accepted and then I jumped The Burundi one may be considered in inside. history as a peanut compared to other

Thursday, 4 February 2016 East African Legislative Assembly Debates upheavals. It has been one of our exercises you think they can have a multi-billion because ever since the NRM government dollar to highjack? It is katemba of your took over power in Uganda, we have been own people and using the poor Africans emphasising that Africans can best solve who do not have a stake. African problems and if there are any other forces, instead of them intervening. Let So please give us the support, we can do them come and use the Africans to solve the job because we have been empowered their problems. out of so many years of colonialism and slavery and all our wealth- you are the The first attempt of that voice to be heard only fellows with the wealth so give us was on Burundi because that is when in and we shall fight. When they began the wake of when Mandela had just been giving us, Somalia is now almost released, Africa had united against the becoming a nation. So even Burundi, we intra … of the United States saying that are sure and indicators are okay. We as the they want to get their suspect to be taken mediators are confident that we shall do to America. We said no, they say we can our job. The idle talk of saying that go and try him but on neutral ground. Museveni is too busy- No, he is not too Mandela had to lead a contingent of all the busy. We have never been too busy to do African leaders. We said this time if you African jobs. do not want, we are going to defy your th boycott. You know they are very jittery On the 28 when he had just appointed me when you are united. because you know he relieved me from competitive politics and said, go and do They had to abandon and lift the embargo. something in East Africa and consolidate That is one of the lessons to teach that African unity. He convened the first once you are together, you are strong. meeting in Entebbe and on that day he had many political campaigns in the country I would like to say one thing and give you but he was able to do it. an assurance on this one that my leader, comrade Yoweri Kaguta Museveni first of On the sixth also, he appointed my all was entrusted by his colleagues to lead colleague the Minister of Defence to the mediation and we always accept continue while we conclude our political anything which is given to us and which question in Uganda. You know, Ugandans goes to bring African problems to be are very interesting. So many of us got solved. You remember that when we had educated and we even forget that we have the resolution of Africa playing a role to taken that country away from a difficult stabilise Somalia, although many countries situation. So the contest and even the had promised to send their contingent but people with whom we have been said, I Uganda did not fail. would serve better if I am in front. So we also had those disappointments and we do At least we said let us go there and it is not want to take chances. also a complement that Burundi, despite the fact that they had just left the war, they The conclusion I think will be decided on are the ones with whom we struggled and the 18th. We are still around, we can do a told these people that even if you bring so number of preliminary work, and when we many contingents to accompany your ships are through with that, we are going to give which carry merchandise across Somalia full attention to Burundi problems. and your groups in Europe are the ones using helpless Somalia to say they have hi So I wanted to assure you that the jacked a tank of oil, a people who cannot President is fully taken up with the be able to organise their house in order, do question of Burundi. As one member

Thursday, 4 February 2016 East African Legislative Assembly Debates contributed, actually he was at the centre the area of your performance. I was just of putting Burundi together and ensuring joking when I was coming with my PS the two most important things; one, who is a woman at the airport. I said, there security for all because the Tutsis is this common talk of these people telling imagined that unless they have the power you that family planning means one or two and the gun, the majority and the other children. No, it means you must plan for would overwhelm them said that every child but now look, if population democracy is the game of the many. So we were a factor of under development, the are going to overshadow. most undeveloped country would be China. Africa now has about 850 million A complicated formula was formulated and I pray that by the end of this century, which guaranteed both security for all and we should be 1.3 billion people. Why? All democracy for all. So far, it has been you need is to plan for this young working but you know like any other thing generation, educate them, give them skills that works, sometimes it clogs and requires and they will not only be consumers but having a look at what has gone wrong. So also create wealth for themselves. We definitely, he is around. The comrades cannot be a market for others for a long with whom they did the Act are still time. around and we shall leave no stone unturned to make sure that Burundi comes Recently you heard that there was a back to its role. Summit initiated by China in South Africa and the figures said US$ 200 billion was I must complement you, Mr Speaker and ceded to China in form of trade. This members about the standard of debate. I means we have the money but we cannot have been impressed. The presentation of produce the things we want because we do the reports I think we need to take this not have the capacity. Now for how long question of deliberating or Africa seriously shall we be consumers? because you are available. Some of you blame old leaders saying, what could they As I speak, China produces 8 million have done? When Nyerere got engineers every year and 50 million independence, he had only one medical technicians because for every engineer, doctor in the whole of Tanzania, Dr you need five people to assist. That is why Kigula. China has become the workshop of the world. What is wrong with Africa Uganda, which you always say, does have becoming a workshop for our own many educated people, what was the consumption? We can also exchange what record? Five hundred people had ‘O’ level we produce on equal terms. in a population of 6.5 million and 103 graduates of whom I was one. What could Mahatma Ghandi once said, the weak they have done? Now we are all vibrated could not forgive. Isn’t that a joke? It is a brains. Why cannot I be happy and take big joke. Therefore, we must be strong and the question seriously because you are definitely, nothing moves without preparing for your own future and the intellectual leadership so I expect you to future of your children. Your grand fathers read more about your countries and about were content to live in mall villages and Africa and debate all questions from they had their circle of life complete. Your Africa from a point of knowledge. fathers at least moved from Kiambu and went up to Nairobi. I just wanted to crown this by reassuring you that the President is ready and he has Now for you, Kenya is not even enough. actually given me a string assignment that You need to come to Arusha to increase this is where you should look. I am here

Thursday, 4 February 2016 East African Legislative Assembly Debates available and I seek maximum cooperation Rule 86(1) stipulates that, “Any citizen of from you. From the way I have been the Partner State and any natural legal received and even the leader of the house person residing or having its registered of Mumbi – You see, the name Mumbi is office in the Partner State shall have the actually the mother of the Kikuyu society. right to address individually or in Therefore, with our grandmother and the association with other citizens or persons, new groups from Uhuru who was our baby a petition to the Assembly on a matter from Kapengriya and now they are the which comes within the Community’s field presidents, we are sure that the future is in of activity and which affects him or her or good hands. it directly.” We only need to be the group- I would beg In rule 86(1) there is a procedure of how you not to be sectional when you are in that is done but rule 86(5)goes on to say EALA. Let them hear the voice that there that petitions entered in the register shall is East Africa. Once that is there, others be forwarded by the Speaker to the will complement it and you will have your committee responsible. We shall first day. Thank you very much. ascertain whether the petitions registered for within the sphere of activities of the The Speaker: Thank you so much. Clerk, Community – It was not a favour. The can you help me switch off the Treaty and our Rules of Procedure make it microphone? mandatory for a petition that is within the purview of our Treaty to be brought before Thank you so much, honourable members. the House. You never rush wisdom so thank you, Right honourable Third Deputy Prime That being said, we still thank Mr Speaker Minister for the insights and the for having given us an activity. commitment that you have assured this House. Mr Speaker, secondly, there have been many comments and I shall try to deal Honourable colleagues, let me invite the with those related to proposals for honourable Chair of the committee, in the amendments. The first one, there have interest of time, just to respond to the been a number of proposals for aspects that require acceptance as amendment in relation to a committee amendments such that we do not go to 10 making a visit to Burundi. I think that is a p.m. valid proposal, so I will leave that to the Office of the Speaker and the Council to I thank you so much, honourable Chair make appropriate arrangements to that who has been fasting for this process and effect. he has not broken his fast. Second, my sister from Burundi, hon. Mr Mwinyi: Thank you very much, Mr Isabelle also made a proposal in relation to Speaker. I shall be very brief and straight repatriation of refugees in a tripartite to the point. mission. This is to my mind – refugees are First and foremost, I would like to take this governed by international conventions and opportunity to thank the petitioners for any repatriation has to be voluntary by all taking the time to bring this petition before parties so if this refugee repatriation is in is as well as thanking yourselves. I felt it conformity with an international important that I quote rule 86 of our Rules convention and is voluntary, I see no of Procedure in relation to the right of problem with this but that being said, our petition. recommendation and report are framed within the purview of the petition. This in

Thursday, 4 February 2016 East African Legislative Assembly Debates itself was not within the purview of the Now the Assembly is recommending to petition so I beg your indulgence on this, I itself and directing itself. It does not sound hope you understand. I am sure there will very clear but what I would like to guide is be other opportunities for such an that for each and every recommendation incentive to be brought before the House. that is moved by this Assembly or adopted by this Assembly, there is a mechanism Next is from hon. Bazivamo my friend to and set procedures how its implementation urge the Assembly to put in place an is followed. There is no recommendation oversight role and follow up mechanisms that is left hanging of all committees and on the implementations of the all motions. Thank you, proceed Chair. recommendation of this report. Mr Speaker, again, it is a laudable Mr Mwinyi: I stand guided. There is recommendation yet this falls within the again a similar one in terms of a trip to purview of the administration of the Burundi for the committee. As I said, that House. It is within the office of the has been covered. Speaker and the Commission as well as any appropriate committee to be tasked to I cannot read it very carefully so if I have do the follow up. We are the House – missed anything, perhaps people can jot (Interruption) – my memory. “To expand and facilitate the work of the mediator and his office Ms Byamukama: With due respect, Mr including appointing a team of eminent Speaker, I recollect that you directed that persons.” Again, this is part of the report. tracking of Bills, motions and decisions of If you look carefully, you will see that the House should be done by the Legal, recommendation there. Rules and Privileges Committee. If my mind serves me well, this is already in “Aware that the EAC Peace and Security place and is one of your innovations, sir. Protocol has not been ratified yet we pray Thank you. the Summit to constitute an agreed upon EAC peace keeping force to go and protect Mr Mwinyi: Thank you, hon. Dora. As I the citizens of Burundi in case the AU was saying, it is within the Speaker’s peace keeping force does not go.” Again, office and the Commission to direct to an we must act within the purview of the appropriate standing committee, which in Treaty and the Treaty is clear. There is a this particular case is the Committee of protocol, it has to be ratifies. Once it is in Legal, Rules and Privileges - force then the implementation can be done. (Interruption) – That being said, there are clear recommendations on that from the report. Mr Bazivamo: Thank you, Mr Speaker and thank you, hon. Mwinyi for giving me On page 14, hon. Leontine, if you look at this time. I would like to know if the it carefully, it stipulates who made that recommendation is accepted or rejected in assertion that the report of a letter to the the framework of this report because what SG. It is very clear so again the report is I wished was to see it urging the House to very clear. There are attachments, it has do so, and then later on the Speaker and been recorded on the Hansard, and the Commission to give appropriate means everything has been captured. so that this is done. Thank you. With those remarks, Mr Speaker, I would Mr Mwinyi: If you push me to that like to thank all the participants and your direction- indulgence of members. It shows great interest when members are still here; more The Speaker: Let me just help a bit. This is the recommendation of the Assembly.

Thursday, 4 February 2016 East African Legislative Assembly Debates than three quarters and it is almost 10 I agree that it was not properly captured on o’clock. this piece of paper. If you would, hon. Dora, send another piece of paper so that I Therefore, Mr Speaker, I beg to urge all can submit. I agree to that proposal. members to support this report and I thank you. Mr Speaker, I urge honourable members to support the report and I thank you. Ms Byamukama: Mr Speaker, I moved two recommendations and I have not heard The Speaker: Thank you so much, Chair the chairperson address these of the committee. Honourable members, recommendations. the motion before the Assembly is that the report of the Committee on Regional Mr Mwinyi: Could you repeat your Affairs and Conflict Resolution on the second recommendation please? public hearing of the petition by the Pan African lawyers union as a lead petitioner Ms Byamukama: Increase resources to of other civil society on the deteriorating facilitate the operations of the EAC human rights and humanitarian situation in situation room to execute its work, which includes an early warning mechanism that Burundi, as amended, be adopted. enhances timely intervention and I now put the question. coordinated action by the EAC. (Question put and agreed to.) Recommendations to the Council of Ministers. The committee urges the The Speaker: Honourable members, I Assembly to urge the Council of Ministers would like to take this opportunity, in a to facilitate the Committee of Regional very special way, to congratulate the Chair Affairs and Conflict Resolution to and the members of the Committee on undertake a fact-funding mission to the Regional Affairs and Conflict resolution Republic of Burundi before the next for a great work done. EALA plenary, which will be held in March 2016. I would like also to express my appreciation to the petitioners who found it The second one, increase resources to worthy to bring their concerns to this facilitate the operations of the EAC Assembly for redress. I congratulate them. situation room to execute its work, which includes an early warning mechanism that I would like to congratulate all the people enhances timely intervention and who turned up for the public hearing and coordinated action by the EAC. made this exercise very people centred as it went. I thank them so much. Mr Mwinyi: Thank you very much. The first one was duly dealt with. The second Honourable members, there are prayers one is increasing resources to the EAC that were laid out very clearly to be taken situation room. I think this is appropriate. to the Summit by the Council of Ministers. It deals with a wider scope. The situation In a very special way, I would like to room provides us immense information, appeal to the Chair, Council of Ministers very early and I think this will be most that by good luck, the Speaker is invited to appropriate for whatever contingencies in attend the Summit. I will report to this relation to peace and security will have House if the prayers are remitted to quick and early warning of what is Summit. happening. We have full confidence in you that we are in this together. The time for denial is long gone. We must all face it squarely. We 76

Thursday, 4 February 2016 East African Legislative Assembly Debates thank all the people who have made it possible for us as an Assembly to make our contribution towards the search for lasting peace in Burundi. Honourable members, I would like to, in a very special way, express my apology and appreciation to you for the commitment you have exuded in doing your work. It is unprecedented that we sit until about 10 o’clock. I think this is a testimony of our commitment to the big dream of our forefathers. I thank you so much for your commitment. This commitment has translated into a lot of output in the last two weeks we sat here. We have considered and responded to all the petitions more or less that have been presented to this Assembly. I congratulate you. This is a direct response to our representative role to the people of East Africa. I thank you so much. This kind of momentum must be maintained. The people move at the seed of their leaders. Congratulations. With those few comments, honourable colleagues, the House is adjourned sine die. The House stands adjourned. (The House rose and adjourned sine die.)