Uganda Chamber of Commerce Sues Uganda, Kenya and Tanzania Over Access to Indian Ocean

The Uganda Chamber of Commerce and Entrepreneurs’ League and Confederation (UCCEC) has dragged the Governments of Uganda, Kenya and Tanzania to the East African Court of Justice (EACJ) over what it describes as persistent violations of Uganda’s right of access to the Indian Ocean.

The Petitioners addressing the press in Kampala on Wednesday.

The petition comes just days after President Yoweri Kaguta Museveni vowed to do everything possible to ensure that Uganda, a landlocked country, gains direct and uninterrupted access to the sea.

In the case filed before the regional court, the respondents are the Attorney General of the Republic of Uganda (1st Respondent), the Attorney General of the Republic of Kenya (2nd Respondent) and the Attorney General of the United Republic of Tanzania (3rd Respondent).

UCCEC accuses the three governments, jointly and severally, of acts and omissions that have resulted in continued breaches of the East African Community (EAC) Treaty, its protocols and international instruments that guarantee freedom of transit for landlocked states.

The petitioner argues that Kenya and Tanzania, as transit states for Uganda’s import and export trade, have imposed or permitted non-tariff barriers, arbitrary restrictions, border closures, excessive administrative requirements, duplicative licensing systems and unpredictable delays.

According to the suit, these practices violate the principles of free movement of goods and services within the EAC and undermine Uganda’s right to uninterrupted transit access to the sea.

UCCEC also contends that frequent disruptions caused by strikes, labour unrest, demonstrations, port congestion and civil disturbances in Kenya and Tanzania have often stranded Ugandan cargo, leading to financial losses for business people and traders.

The organization further cites the Convention on Transit Trade of Landlocked States (1965), which obliges transit states to ensure free and unrestricted transit, avoid arbitrary fees and bureaucratic delays, and maintain predictable and non-discriminatory transit systems.

Additionally, the petition references the United Nations Convention on the Law of the Sea (UNCLOS), 1982, Part X, which guarantees landlocked states the right of access to and from the sea and freedom of transit through transit states without unjustified taxation.

Speaking to journalists in Kampala, Mr. Karim Karamagi, the President of UCCEC, welcomed President Museveni’s recent remarks on Uganda’s access to the Indian Ocean, saying they have given hope to business people.

“We clap for President Yoweri Kaguta Museveni for giving us a gift towards the end of the year. Many business people have lost their valuables whenever there is unrest in Kenya or Tanzania where our goods pass. It is encouraging that our leader has expressed interest in tackling this issue,” Karamagi said.

The Acting Secretary General of UCCEC, Mr. Moses Okwalinga, noted that most Ugandan business people face mistreatment and harassment during their operations at ports and along transit corridors controlled by Kenya and Tanzania.

He emphasized that addressing these challenges is critical for improving the ease of doing business and reducing the cost of trade for Uganda.