Human Rights in the East African Community

2019 ◽  
Author(s):  
Emmanuel Elau
Keyword(s):  
Human Rights ◽  
East African ◽  
East African Community ◽  
African Community

Human Rights in the East African Community

2020 ◽  
Author(s):  
Emmanuel Elau
Keyword(s):  
Human Rights ◽  
East African ◽  
East African Community ◽  
African Community

The Role of the East African Court of Justice in the Advancement of Human Rights: Reflections on the Creation and Practice of the Court

2019 ◽  
Vol 27 (3) ◽  
pp. 359-377
Author(s):  
Mihreteab Tsighe Taye
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
East African ◽  
East African Community ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
African Community ◽  
The Creation ◽  
Over Time

International courts (ICs) like any other institution evolve over time. They constantly evolve responding to socio-political dynamics. The East African Court of Justice (EACJ) has evolved to deal with the rule of law and human rights-related cases. Although the jurisprudence of the EACJ has been studied, the creation of the court and the origin of the provisions in which the court relies to decide human rights-related matters has largely been unexplored. This article presents the first empirical analysis of the creation of the EACJ and the processes by which the provisions of the rule of law and human rights entered the Treaty for the establishment of the East African Community (EAC). The article also examines the practice of the EACJ to show its evolution over time.

scholarly journals The principle of subsidiarity in jurisdiction of courts of subregional economic organizations in Africa on human rights

2020 ◽  
pp. 10-28
Author(s):  
Anna Vladykina
Keyword(s):  
Human Rights ◽  
National Court ◽  
Legal Protection ◽  
Judicial Discretion ◽  
East African ◽  
East African Community ◽  
Judicial Practice ◽  
Economic Organizations ◽  
Protection Of Human Rights ◽  
African Community

This article examines whether the framework of judicial discretion or commensurable doctrines of judicial respects found access to jurisdiction in the area of human rights of the three subregional courts created in the context of regional economic communities: Court of the Economic Community of West African States; East African Community Court; and Tribunal of Southern African Development Community. The author also examines the relevance of the rights of depletion of internal means of legal protection as a separate manifestation of subsidiarity in their judicial practice. The author briefly describes the key institutional parameters for each court, the role of procedural subsidiarity in form of depletion of the norm on internal means of legal protection, as well we presence or absence of substantial subsidiarity through formulation of the limits of judicial discretion. The presence of subsidiarity in form of the limits of judicial discretion is an important condition for further work of the courts of subregional economic communities in Africa on protection of human rights, since the presence of “judicial respect” with regards to the decisions of national court and political-legal decisions of the participating countries is a key to recognition and likelihood of execution of rulings of the courts of subregional economic communities on the territory of participating countries of the corresponding communities.

Human Rights in the Context of Deepening Integration of East African Community (EAC)

2013 ◽  
Vol 5 (2) ◽  
pp. 47-73 ◽  
Author(s):  
Richard MUKO OCHANDA ◽  
◽  
Paul KISOLO WAKINYA ◽  
William OMONDI ODIPO ◽  
◽  
...  
Keyword(s):  
Human Rights ◽  
East African ◽  
East African Community ◽  
African Community

scholarly journals THE IMPACT OF THE DECISIONS OF THE COURT OF THE EAST AFRICAN COMMUNITY ON THE NATIONAL LEGISLATION OF THE MEMBER STATES OF THE EAST AFRICAN COMMUNITY

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Gulnara R. Shaikhutdinova ◽  
Anna U. Vladykina
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Positive Contribution ◽  
East African ◽  
Member States ◽  
East African Community ◽  
Human Rights Protection ◽  
Protection Of Human Rights ◽  
African Community ◽  
The Impact

The subject of this article is the jurisprudence of the Court of the East African Community in cases related to the protection of human rights. The article examines in detail the jurisprudence, which, to some degree, influenced changes in legislation in some member states of the East African Community, and in some cases prevented further violations of human rights. The authors also raise the issue of the lack of jurisdiction of the East African Court to consider complaints related to human rights violations. The authors pay particular attention to the human rights situation in Burundi, Kenya, Rwanda, and Uganda, which has developed since the Court has passed decisions. The authors also raise the issue of the place and importance of the Court of the East African Community in the regional system of human rights protection in Africa, highlight the positive contribution of the Court to the human rights situation in the subregion. The article demonstrates the existence of complex, controversial problems, the further functioning of the court of the East African Community as a quasi-judicial body for the protection of human rights depends on the need to solve it. The solution to these problems depends to a large extent on whether member states can agree to sign a protocol that gives the Court jurisdiction to handle complaints related to human rights violations in the subregion

scholarly journals An Appraisal of the Functioning and Effectiveness of the East African Court of Justice

2018 ◽  
Vol 21 ◽  
pp. 1-42 ◽  
Author(s):  
Ally Possi
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
East African ◽  
East African Community ◽  
Court Of Justice ◽  
Initial Stage ◽  
African Community ◽  
The Right ◽  
Integration Project

This contribution reflects on the functioning of the East African Court of Justice (EACJ) and judges its effectiveness by assessing the Court's role of ensuring adherence to, the application of and compliance with the East African Community (EAC) Treaty. The EACJ became operational on 30 November 2001, following its inauguration after the swearing in of its judges and the Registrar. During this initial stage of the Court's existence there were indications that the EACJ was failing to stamp its authority on the activities of the Community. The main reason for this failure is the existence of gaps in the EAC Treaty, which prevent the EACJ from effectively discharging its functions. In addition, as shown in this article, the EACJ has been delivering judgements on the grounds of doubtful authority which has gradually diminished the Court's legitimacy. Given its relevance to the EAC, this may therefore be the time to audit the EACJ's functioning and reflect on whether it is moving in the right direction. The hypothesis of this article is that the EACJ has been struggling to establish its authority in the region, mostly in the areas of human rights, the rule of law and good governance. In tracing its history so far it is easy to discern its strategic attempts at judicial law-making to arrogate to itself the role of the protector of human rights. While it is acknowledged that the EACJ is increasingly receiving cases of a divergent nature, most of these cases have had little influence on the integration project or are outside the scope of its mandate.    

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