A group of over 50,000 individuals with majority being Tanzanians , have dragged the government of Republic of Tanzania and Uganda to East African Court of Justice (EACJ) seeking for redress as a result of suffering and losses they under went when they were illegally expelled from Kagera region in Tanzania.
These through four of their colleagues namely; Yofesi Jaferson Karugaba, Abdallah Kigongo , Apollo Nyangire and Batwelimu Elifazi who are being represented by Mwesigwa Rukutana and Company Advocates jointly with Osh Advocates contend that in 2000 , Tanzania President Jakaya Chikwete launched Operation Kimbunga’ translated as “Operation Hurricane” which led to their expulsion from their country.
“The intending Applicants included the elderly, pregnant women, the disabled, and other vulnerable persons who were all arbitrarily expelled and forced out of the borders of Tanzania. As a result, these lost their subsistence inclusive of their houses, crops, livestock, and land, among others.” reads part of the application filed in the East African court.
These have brought it to the attention of court that during the process of the illegal expulsion, most of their property was confiscated , homes burnt while others were sold off by the authorities which left them homeless with majority as refugees in Kyaka 1, Kyaka 2 and Kazinga Camps.
Ugandan government (2nd Respondent) is acused of having failed , neglected or refused to recognize and protect the rights of the Applicants before, during and after the expulsion.
“Additionally, the Respondents’ authorities have since failed to implement the orders of both states compelling both countries to constitute Joint Verification Committees aimed at settling ,compensating and further addressing rights of the Applicants.”
Therefore , these have asked the East African court to issue an order for compensation, damages and/or restitution from the Government of Tanzania, on top of an order for damages and/or mandamus to compel the Government of Uganda to protect and/or recompense them for their losses.
Karugaba Yofasi , one of the applicants on addressing the press in Kampala on Tuesday revealed that most of them were born in Karagwe since their great grand parents had resided in that place before the process of border demarcation.
“We had colleagues who had between 1000 to 2000 cows but during the process of expulsion and oppressive conditions which were imposed on us , many of them were taken away thus leading us into uncountable losses.”
He also pointed out that on several occasions many of their colleagues won cases against Tanzanian Government but unfortunately the authorities up to now has failed to implement the court orders.
