The Civil Division of the High court in Kampala will on March 4 begin hearing a case in which rights activists want to block the issuance of the electronic East African passports (e-passports) rolled out on January 15.
Last December, the minister for Internal Affairs Gen Jeje Odongo said the development is in line with the January 2021 deadline set by the East African Community (EAC) partner states to phase out the old non-digital passports for the new EAC e-passports.
In their petition, Michael Aboneka and the Centre for Constitutional Governance (CCG) want the court to block the recall of the old passports and the subsequent issuance of the of EAC e-passports since the exercise “touches the root of constitutionalism and good governance.”
Basing on Article 8 and 9 of the EAC Common Markets Protocol, the litigants argue that all the existing common identification documents - the national ID and passport are still valid within the EAC.
“The EAC passport does not create any special right and in any case, what becomes the position of the holders of the East African passports outside the community? How will the EAC passport within the ambit of the EAC common market protocol be applied outside the community? Will countries outside the community recognise these passports that have been agreed upon by just six East African countries? This remains unclear and as such, we urge the government to think through these processes,” said Sarah Bireete, the executive director of Centre for Constitutional Governance.
Launching the e-passports last month, Odongo said that the introduction of the e-passport had put Uganda into the family of more than 150 countries that now issue the more secure e-passport as demanded by International Civil Aviation Organisation (ICAO).
The passports are fitted with chips which make them easier to read by the micro-processor reader at border points. The chips have safety measures like biometric data which make them hard to forge.
The old passports, Odongo said, will remain valid till the end of January 2021 but the activists are wondering why the old passports are being recalled without following any legal framework.
“There is no guideline that has been issued to this effect, Ugandans have a right to a passport, and if it must be recalled, sound reasons which may even need a regulatory framework for enforcement are necessary,” Bireete said.
The activists however argue that since there is no sovereign state called East Africa, the EAC e-passports may not be applicable to non-EAC partner state, a similar concern which was raised by speaker of parliament, Rebecca Kadaga.
“The protocol has not yet been read here; where is the legal authority changing the Ugandan passport to an East African passport?” Kadaga said on December 4, the day government formally informed parliament about the changes.
PARLIAMENTARY RESISTANCE
According to the government’s plan, the e-passports are meant to be rolled out at three regional centres in Mbarara, Mbale and Gulu and seven issuing centres abroad.
The government however found difficulties in convincing parliament especially after the state minister for Internal Affairs, Mario Obiga Kania told the House that after two years, all the current passports will expire and holders will be required pay for the new passports by 40 times more.
The cost for ordinary passport with 48 and 64 pages was raised to Shs 250,000 and Shs 300,000 respectively, the official passport also called a service passport costs Shs 400,000 while the diplomatic passport costs Shs 500,000.
MPs also raised questions on the exorbitant costs for acquiring the new passports which they said are prohibitive to the citizens. According to Kania, the e-passports are issued by partner states in their own names with the East African bit of the passport being in the design and a chip which are common across the member states.
The changes came within months after West Budama South MP Jacob Oboth-Oboth like many other Ugandans had been issued with the old version of the passport. To acquire the upgraded passport, they will have to pay.
“My passport goes up to 2028 and I will sue [the government] for making me get a new passport as I just paid for [what I have]. The passports are expensive to acquire and now you want someone to pay the extra costs?” Oboth wondered.
sadabkk@observer.ug