The East African Legislative Assembly (EALA) has urged Partner States, organs and institutions to uphold the principles and provisions enshrined in the East African Community (EAC) Treaty in respect to privileges of members of the regional parliament.

This comes as, late Thursday, the assembly passed a report that now affirms that the tenure of the four EALA lawmakers from Burundi their country had wanted recalled, will be upheld.

The Assembly passed a Report of the Committee on Legal Rules and Privileges on the consideration of a resolution moved under Rule 30 (J) of the Assembly Rules and Procedures of EALA.

The report was presented by MP Peter Mathuki (Kenya), the Chairperson of the Committee.

The House also passed a previous resolution on the same matter that was moved in November 2015 by MP AbuBakr Ogle (Kenya), who had advised the assembly to urge Partner States not to introduce attempts to manipulate institutions, threaten members or undermine their status, terming such a move unlawful and an affront to the principles under the EAC Treaty.

The resolution had condemned, in the strongest terms possible, all attempts to undermine the authority of the assembly and status of its members. 

Last November, the Speaker of the Burundi National Assembly, Pascal Nyabenda wrote to the EALA Speaker, about ceasing membership of four Members from Burundi in EALA. The four are MPs Jeremie Ngendakumana, Frederic Ngenzebuhoro, Yves Nsabimana and Dr Martin Nduwimana.

Ngendakumana is a former member of the ruling National Council for the Defence of Democracy-Defence Forces of Democracy (CNDD-FDD) party, and  is among those who last March opposed President Pierre Nkurunziza’s bid for a third term. He is among 30 politicians expelled from the party in April.

The three others have also allegedly fallen out of favour with the political establishment in Bujumbura.

Nduwimana and Ngenzebuhoro were members of the opposition UPRONA political party. Nsabimana is from the opposition FRODEBU Nyakuri party.

The Speaker of the Burundi National Assembly letter stated that the conditions through which the quartet presented themselves for elections had changed. Among others, it said that the party on whose strength two Members were elected to EALA was no longer represented in the Burundi National Assembly.

But after consultations, EALA Speaker, Daniel Fred Kidega, noted that the request was not tenable owing to the fact that it had contravened section 51 of the EAC Treaty among other provisions.

On Thursday, Burundi’s Minister in the Office of the President in charge of EAC Affairs, Leontine Nzeyimana, stated that it was necessary for the law of the Partner States to be respected stating that they had interests in the community and that such must be respected.

But lawmakers did not entirely agree.

Chris Opoka (Uganda) said the legitimacy of membership of the four Members in question cannot be said to have ceased simply because their parties were not in Parliament.

MP Abubakar Zein (Kenya) said the sovereignty of Members of the Assembly was key and that it was imperative for the assembly to analyze the context in which the letter was written as well as the impact such would have on them.  He said it was important for the Members of the Assembly to feel safe to carry on with their mandate.

Dora Byamukama (Uganda) stated that the motion was delicate and thus it was necessary to be considerate and diplomatic in handling it.

The resolution which was seconded by MP Dr James Ndahiro (Rwanda) noted that matters of privileges of members touch on the integrity and independence of the assembly and that any threats bring with it a potential to undermine it authority compromises its functioning under the EAC Treaty.

Justifying the matter on the floor of the House, Ogle remarked that independence and privileges of the House were vital.

The resolution was however not debated. The Speaker made a ruling deferring the matter to the Committee on Legal Rules and Privileges for immediate consideration.

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