Four Civil Society Organisations from Uganda, Kenya and Tanzania have petitioned the East African Court of Justice (EACJ), asking it to stop the Ugandan government from further implementing the Protection of Sovereignty Act, 2026.
The CSOs are Centre for Environmental Research and Agriculture Innovations and Youth for Green Communities from Uganda, Natural Justice from Kenya, and the Organization for Community Engagement from Tanzania.
In their July 21 petition, which came to light on August 11, the four organisations told the court that the Protection of Sovereignty Act violates key provisions of the Treaty for the Establishment of the East African Community.
They want the Court to direct the Ugandan government to take the legislative, administrative or other measures necessary to bring the Protection of Sovereignty Act into conformity with the EAC Treaty. They also asked the court to order the government to refrain from applying or enforcing 25 sections of the Act that the CSOs believe violate the EAC Treaty.
The now operational law, whose passing attracted opposition from political actors and human rights activists, defines ‘agents of foreigners’ and places various restrictions on their operations in Uganda with heavy punishments for violations. It provides for the registration and regulation of agents of foreigners, and to regulate the funding and any other assistance to agents of foreigners.
The government argues that the law mainly aims at protecting the interests of Uganda, but the CSOs say it provides vague and ambiguous definitions, imposes extensive reporting and regulation on anyone funded by or working with ‘foreign agents,’ and requires foreign agents to register in Uganda.
Treaty violations cited
The East African CSOs argue that various sections of the Sovereignty Act violate Articles of the EAC Treaty, including Article 5(3)(g) which obliges EAC states to strengthen partnerships with civil society and the private sector to achieve sustainable socio-economic and political development. They also cite Articles 6(d) and 7(2) which establish the fundamental and operational principles of the EAC, including good governance, democracy, accountability, transparency, the rule of law, social justice and popular participation in development.
The law, they say, also violates Article 8(1)(a) and (c) which oblige EAC member states to create conditions favourable for the development and achievement of the EAC’s objectives while abstaining from measures likely to jeopardise those objectives, and Article 127 which obliges partner states to provide an enabling environment for civil society participation within the EAC.
Mr Brighton Aryampa, the founder of Youth for Green Communities, said the law could undermine regional work.
‘The effect of the Sovereignty Act is that, the CSOs in the countries that make up the EAC could face challenges in cooperating across borders, implement joint conservation and environmental management projects, respond to climate disasters and crises and engage in sustainable development initiatives,’ he said.
Mr Gerald Barekye of CERAI said their work would be affected. ‘Our organisation has been collaborating with Ugandan and other organisations across East Africa to promote clean energy access. We have undertaken research, community awareness raising and distribution of clean energy technologies,’ Mr Barekye said.
Mr Richard Sekondo of OCE added that the law threatens climate justice work across the region.
‘This work is key to ensuring that East African communities are part and parcel of the clean energy transition. Uganda’s Sovereignty Act threatens this and other climate justice work. In the interest of all East Africans therefore, we filed the case and we hope that it will be successful,’ Mr Sekondo said.
The CSOs have also asked the EACJ to consider the actions of the Secretary General of the EAC in failing to investigate Uganda’s Protection of Sovereignty Act’s compatibility with the EAC Treaty and to refer the matter to the Court. They further want the Secretary General to be directed to monitor and report on Uganda’s compliance with the court’s orders.