Uganda sovereignty law on trial in new case
A new legal challenge before the East African Court of Justice (EACJ) is testing whether Uganda’s Protection of Sovereignty Act is compatible with East African Community obligations, with four civil society organisations arguing that the law threatens regional cooperation and integration.
The organisations have asked the Arusha-based regional court to suspend the implementation of 25 provisions of the law, which they contend are inconsistent with the Treaty establishing the East African Community.
The case, filed on July 21, 2026, pits the applicants against the Government of Uganda and raises questions about the role of the EAC Secretary-General in ensuring that Partner States comply with the Treaty.
The applicants are the Uganda-based Centre for Environmental Research and Agriculture Innovations (CERAI) and Youth for Green Communities (YGC), Kenya-based Natural Justice, and Tanzania’s Organisation for Community Engagement (OCE).
At the centre of the dispute is the balance between Uganda’s sovereign authority to regulate organisations operating within its territory and the commitments that EAC Partner States have made to promote regional cooperation.
The applicants argue that restrictions contained in the new law could make it harder for civil society organisations to work across borders and access international funding and technical support.
They also argue that the law makes it more difficult for CSOs to participate in regional initiatives on environmental protection, climate change, human rights and sustainable development.
They have therefore asked the EACJ to order Uganda to suspend the implementation of the 25 contested provisions and take the necessary legislative, administrative or other measures to bring the law into conformity with the EAC Treaty.
The applicants rely on several provisions of the EAC Treaty in challenging the legislation.
Among them is Article 5(3)(g), which calls for cooperation among Partner States, civil society organisations and the private sector in pursuit of sustainable social, economic and political development.
They also cite Articles 6(d) and 7(2), which set out the fundamental principles of the Community, including good governance, democracy, accountability, transparency, the rule of law, social justice and people’s participation in development.
Articles 8(1)(a) and 8(1)(c) are also cited in the case. These provisions require Partner States to conduct their policies and utilise their resources in a manner that supports the objectives of the Community while avoiding measures that could jeopardise those objectives.
The applicants further invoke Article 127 of the Treaty, which provides for an enabling environment for the participation of civil society organisations in the activities of the Community.
They argue that restrictions on cross-border civil society cooperation could have wider regional consequences by limiting access to funding, expertise and strategic partnerships needed to implement projects involving organisations from different EAC Partner States.
Gerald Barekye, Executive Director of CERAI, said his organisation had worked with Ugandan and other East African organisations to promote access to clean energy.
“We promote clean energy through research, community mobilisation and the dissemination of clean-energy technologies.”
He said regional cooperation was critical to addressing challenges that do not stop at national borders.
Richard Sekondo of OCE said his organisation had joined the case because it believed the law could affect efforts to advance climate justice and regional cooperation.
He said cooperation among civil society organisations was important in ensuring that East African communities participated meaningfully in the transition towards cleaner energy and sustainable development.
In their application, the organisations are also asking the EACJ to examine the role of the EAC Secretary-General.
They argue that the office should have examined whether the Ugandan legislation was compatible with the Treaty and, where necessary, referred the matter to the regional court.
They further want the court to direct the Secretary-General to monitor Uganda’s implementation of any orders issued by the court and report on compliance.
The legal challenge follows the passage of Uganda’s Protection of Sovereignty Act by Parliament on 5 May 2026.
The legislation was signed by President Yoweri Museveni on 17 May and came into force on 22 May.
Among other provisions, the law establishes a framework for the registration and regulation of what it describes as foreign agents and places controls on funding and other forms of support received by such entities.
The Ugandan government has maintained that the legislation is intended to protect the country’s national interests and sovereignty.
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