More than 400 East Africans are employed by the institutions and the organs of the East African Community. The institutions have spread the world over to the six East African partner states, some of the states of the East African Community that Uganda hosts are the Inter-University Council of East Africa, the East African Development Bank, Lake Victoria Fisheries Organization, Civil Aviation Safety and Security Oversight Agency CASSOA. Now, employees working in these institutions and others in different partner states will soon be subjected to taking an oath of allegiance if the proposed East African Oath Bill is passed into law. The Bill was recently tabled before a second reading before the East African Legislative Assembly in Arusha by Uganda's First Deputy Prime Minister and Minister for East African Affairs Kirunda Kivejinja. “The East African Community Oath Bill 2017…” “The Bill requires all members of staff of the Community to take oath or affirmation before the Secretary-General or his/her appointed representative.” Said, Fatuma Ndangiza – Chairperson Legal Committee/Rwanda Representative.

Currently, only Members of Parliament, Justices of the East African Court of Justice, the Secretary-General of the Community and his deputies, and Heads of the Institutions take an oath of allegiance. “Because you are going to take an obligation, you must take an oath that you will faithfully be able to serve, you must take an oath that you are going to keep the Community information confidential not just be reckless with information.” Said, Susan Nakawuki – Uganda Representative, EALA. “I would understand it for Members of Parliament, for the Judges of the East African Court, for the Secretary-General and the Deputy Secretary-General. But when you stretch it to every employee, to me it is overstretched.” Said, Mary Mugyenyi – Uganda Representative, EALA.

However, lawmakers were concerned that the proposed law does not prescribe penalties for staff members who go against the stipulations of the oath. “Any such information where that person is not supposed to disclose what are the penalties?” Said, Rose Akol – Uganda Representative, EALA. “Honorable Speaker, we are making this very important law yet the violation of this law is inconsequential.” “The Community generally lacks a punitive mechanism for various violations.” Said, Martin Ngoga – Speaker of East African Legislative Assembly. “Penalties should actually be provided for by law, we don’t have a law in the Community, unlike partner states which have Official Secrets Act. We agree that actually, penalties should be a creature of the law.” Said, Dr. Anthony Kafumbe – Legal Counsel to the Community.

However, Article 73 of the East African Treaty confers immunity to the employees, experts, and consultants working with the Community in reference to the duties performed in their official capacities. According to the Legal Counsel of the Community Dr. Anthony Kafumbe, the Treaty has to be amended if penalties are to be administered to the errant staff. “I think this is the trigger so that we can have a law that addresses all those shortcomings. But with respect to the Court, the Court can cite somebody for contempt of Court.” “Actually we don’t have a law, this one can be the beginning such that we criminalize the people who violet the secrecy.” Said, Kirunda Kivejinja – Minister for East African Affairs. The Bill was deferred for further consultation.