October 10, 2023
ARUSHA, Tanzania | Over 1200 individuals expelled from Tanzania have taken their grievances to the East African Court of Justice, seeking redress for the manner in which they were forcibly expelled and their properties destroyed. In their petition, they have also sued the Ugandan government for its failure to protect them and demand compensation from the Tanzanian authorities.
This legal action stems from a series of events that unfolded between 2000 and 2006 when then-President of Tanzania, Jakaya Kikwete, issued a presidential order known as “Operation Kimbunga.” This directive resulted in the expulsion of an estimated 50,000 people living along the Tanzania-Uganda border, primarily in the River Kagera basin. The reason cited for this mass expulsion was that these individuals were refugees from Uganda, Rwanda, Burundi, or the Democratic Republic of Congo.
The enforcement of “Operation Kimbunga” was carried out by the Tanzanian Joint Task Force, which included the Police Force, the Department of Immigration, the Intelligence Unit, and the Tanzania People’s Defense Forces.
Addressing the media, lawyers from Mwesigwa Rukutana & Co. Advocates and OSH Advocates expressed the frustration of the expelled individuals who, for over a decade, have been unable to find resolution from both governments. According to Mwesigwa Rukutana tens of thousands of people were arbitrarily expelled from their lands, homes, businesses, and farms.
Among those expelled were individuals who were citizens of Tanzania by descent or naturalization. Some had lived in Tanzania for nearly four decades, while others were intermarried with Tanzanians and had made Tanzania their home. Additionally, the expelled group included cattle keepers mainly from Uganda who resided along the border in search of water and pastures.
The petitioners argue that the Tanzanian government conducted a survey of the border, claiming a significant portion of land that previously belonged to Uganda. The area was inhabited by thousands of people who relied on their land for sustenance, raising livestock, and running businesses. The eviction, however, was marked by cruelty, with the Tanzanian army looting and seizing the property of the victims. Homes were burned, destroyed, or sold to Tanzanian leaders and individuals from other parts of the country.
In their petition, the migrants also hold the Ugandan government accountable for neglecting to recognize and protect the rights of the expelled persons, the majority of whom are Ugandans. They accuse Uganda of failing to hold Tanzania liable for its atrocities, participating in the unlawful border re-affirmation process, and not resettling the expelled individuals in a dignified manner.
This legal action highlights the enduring struggle of these expelled individuals and their quest for justice, bringing to the forefront the need for a resolution that acknowledges their rights and hardships.
