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 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.

scholarly journals African Union Counterterrorism Frameworks and Implementation Trends among Member States of the East African Community

2020 ◽  
Vol 76 (1) ◽  
pp. 103-119 ◽  
Author(s):  
J. Tochukwu Omenma ◽  
Moses Onyango
Keyword(s):  
Cost Benefit ◽  
Islamic State ◽  
African Union ◽  
Sinai Peninsula ◽  
East African ◽  
Member States ◽  
East African Community ◽  
Violent Extremism ◽  
African Community ◽  
The Cost

Attacks from violent extremist organisations have reached unprecedented levels in Africa. Boko Haram, al-Shabaab, al-Qaeda in the Islamic Maghreb and Islamic State and Sinai Peninsula activities account for the majority of high attacks and fatality rates. Their membership cuts across national borders; some have established a presence in local communities, while others are controlling territories in a number of states. This continues to happen despite regional measures such as the Algiers Plan of Action on the Prevention and Combating of Terrorism (2002) and the African Model Anti-Terrorism Law (2011) to contain the activities of violent extremist groups on the continent. The prevailing argument shows that the African Union has initiated several legislations and protocols to contain terrorism on the continent, but the Union lacks the capacity to enforce legislations. Relying on the cost–benefit theoretical explication, we conclude that member states of the East African Community prefer to partner with external organisations in counterterrorism programmes which result in conflicting cross-border rules and challenges in countering violent extremism in Africa.

Public Corporations in Single–Country and Regional Settings: Kenya and the East African Community

1973 ◽  
Vol 27 (3) ◽  
pp. 303-328 ◽  
Author(s):  
Dennis L. Dresang ◽  
Ira Sharkansky
Keyword(s):  
Regional Integration ◽  
Public Enterprises ◽  
East African ◽  
Resource Base ◽  
East African Community ◽  
Public Corporations ◽  
Public Corporation ◽  
African Community ◽  
Regional Community ◽  
The Impact

This essay draws from the experience of Kenya and the East African Community to ascertain the impact of single–country or regional ownership on the commercial performance of public enterprises. The advantages of the larger resource base of a regional community are mooted by the problems of mobilizing those resources. A fledgling public corporation can secure assistance most readily when owned by one state. It is also clear that traits of a corporation independent of its regional or single–country status affect commercial success. The essay concludes with a discussion of the limited contribution public corporations make to further levels of regional integration.

Sustainable Development Goals and Their Implication on Economic Growth

2018 ◽  
pp. 47-65
Author(s):  
Mangasini Atanasi Katundu
Keyword(s):  
Economic Growth ◽  
Sustainable Development ◽  
Sustainable Development Goals ◽  
East African ◽  
Smallholder Farming ◽  
Member States ◽  
The Sustainable Development ◽  
East African Community ◽  
African Community ◽  
Development Goals

The MDGs have been criticised for being too narrow and leaving out many people and their needs, like mental health. Likewise, not all MDGs were implemented successfully in all countries. Some countries implemented one or two MDGs of their choice and left others untouched, others partially implemented all MDGs. It was on this basis that the UN member states met in Rio to frame the Sustainable Development Goals (SDGs). However, in order for the SDGs to address systemic challenges across economic, social, and ecological dimensions of sustainable development they require appropriate institutional support to effectively integrate them into institutions and practices, to coordinate activities, and to mobilize resources for implementation. Rising income inequality negatively impacts economic growth and is threatening sustainable development of East African Community (EAC) member states. Since, the SDGs are many, it is recommended that, East African Member states should adopt a targeted approach in implementing the SDGs and focus on the smallholder farming sector.

Green Public Procurement Initiatives in East African Community (EAC)

2019 ◽  
pp. 148-162
Author(s):  
Rajesh Kumar Shakya
Keyword(s):  
Monetary Union ◽  
Financial Management ◽  
Public Procurement ◽  
East African ◽  
Member States ◽  
East African Community ◽  
Public Financial Management ◽  
African Community ◽  
Green Public Procurement ◽  
Procurement Reform

This chapter focuses on the green public procurement initiatives taken by the countries in the East Africa. The East African Community (EAC) Head of States signed the East African Monetary Protocol Union (EMPU) protocol on November 30, 2013. One of the key ingredients in having a sustainable monetary union is to harmonize public financial management systems amongst the EAC Partner States and the EAMU protocol has referred the provision of harmonization of public procurement policies. The first stakeholder' workshop on the harmonization of public financial management standards in line with the EAC Monetary Union Protocol held during March 14-17, 2014 in Nairobi, Kenya identified green public procurement (GPP) strategy as one of the key policy areas requiring development and harmonization across the member states. This initiative should also be viewed in the context of the Member States' Public Procurement Reform Initiatives, which contains a suite of measures in relation to public procurement. Reform of the public procurement function is, and remains, driven by the need to obtain maximum value for public money in procuring works, supplies, and services.

scholarly journals Opening Up African Skies: The Case of Airline Industry Liberalization in East Africa

2010 ◽  
Author(s):  
Evaristus M. Irandu
Keyword(s):  
Airline Industry ◽  
Air Transport ◽  
Export Trade ◽  
East African ◽  
Member States ◽  
East African Community ◽  
Air Transport Industry ◽  
Transport Industry ◽  
African Community ◽  
Opening Up

The three member states of the East African Community (EAC) have made great efforts in modernizing their air transport industry in order to meet the increased demand for international tourism and horticultural export trade. The policy adopted by the sub-region, at independence, to regulate the airline industry was the bilateralism approach with emphasis on reciprocity. Such a policy became a bottleneck in the development of the air transport industry in the sub-region. It became apparent that the EAC member states needed efficient air services and not airlines that served mainly as status symbols. However, the last decade witnessed the liberalization of the aviation sector in the sub-region. This liberalization process is part of a proactive policy to encourage global investment in the sub-region. This has led to the adoption of the Yamoussoukro Decision, which calls for the opening of the African skies. This paper, therefore, critically discusses the process of the airline industry liberalization and its prospects for success in the sub-region.

scholarly journals PROTECTION OF HUMAN RIGHTS IN SOUTHEAST ASIA WITH SPECIAL REFERENCE TO THE ROHINGYA IN MYANMAR: A CRITICAL STUDY OF THE EFFECT OF ASEAN’S POLICY AND ACTION ON ASEAN INTERGOVERNMENTAL COMMISSION ON HUMAN RIGHTS (AICHR)

2019 ◽  
Vol 3 (2) ◽  
pp. 161-180
Author(s):  
Rachminawati ◽  
Khairil Azmin Mokhtar
Keyword(s):  
Human Rights ◽  
Critical Study ◽  
South East Asia ◽  
Legal Research ◽  
Member States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Asean Countries ◽  
Rights Issues

AbstractSince its inception over four decades ago ASEAN has always worked towards improving the lives of its citizens. Year 2009 has opened another chapter with the inauguration of AICHR pursuant to Article 14 of the ASEAN Charter at the 15th ASEAN Summit. Since then AICHR has conducted various activities. In the midst of these ‘progress’ the vital question remains unanswered; To what extent AICHR has been successful in protecting human rights of citizens in ASEAN countries? This shall be answered through qualitative legal research. This study serves as an analytical basis to predict the future development of the AICHR as well as human rights protection in South East Asia. Furthermore, it contributes to the reform of both ASEAN and AICHR toward implementation of human rights in the region. This research focuses on human rights issues of the Rohingya in Myanmar whereby ASEAN’s policy and action relating to the issue are examined. The finding shows that the policy and action of ASEAN does not provide much support in protecting the rights of the Rohingya. On the contrary, the policy has hindered the effort of AICHR in protecting human rights. AICHR is considered not independent since it almost completely relies on ASEAN. As therefore, it is recommended that ASEAN and its member states take real and concrete measures to protect human rights. Hence, to achieve AICHR and ASEAN’s objectives, lASEAN and its member states must respect human rights and support AICHR with necessary power and measure. Keywords: AICHR, ASEAN, Human Rights, Myanmar, Rohingya.   Abstrak Sejak kelahirannya empat dekade yang lalu, ASEAN selalu berupaya meningkatkan taraf hidup rakyatnya. Tahun 2009 membuka lembaran baru ASEAN dengan adanya inaugurasi AICHR berdasarkan Pasal 14 dari Piagam ASEAN pada Konferensi Tingkat Tinggi ASEAN ke-15. Semenjak itu, AICHR telah melaksanakan berbagai kegiatan. Dalam perkembangannya, masih terdapat pertanyaan penting yang belum terjawab; sejauh mana keberhasilan AICHR dalam melindungi hak asasi dari warga negara-negara di ASEAN? Untuk menjawabnya, pertanyaan ini akan dijawab melalui penelitian hukum kualitatif. Penelitian ini berfungsi sebagai dasar analisis untuk memprediksi perkembangan AICHR juga perlindungan HAM di ASEAN. Selain itu, penelitian ini diharapkan dapat memberikan berkontribusi terhadap reformasi ASEAN dan juga AICHR dalam perlindungan HAM di ASEAN. Penelitian ini memfokuskan pada isu HAM kelompok Rohingya di Myanmar dengan menelaah kebijakan dan tindakan ASEAN terhadap isu tersebut. Hasil penelitian menunjukkan bahwa kebijakan dan tindakan ASEAN tidak memberikan cukup dukungan dalam perlindungan HAM terhadap Rohingya, namun sebaliknya, kebijakan-kebijakan yang ada telah menghalangi upaya AICHR dalam melindungi HAM. Sehingga AICHR tidak benar-benar independen sebab AICHR bergantung nyaris sepenuhnya pada ASEAN. Oleh karenanya, ASEAN dan negara-negara anggotanya sebaiknya melakukan berbagai upaya yang nyata dan konkret untuk melindungi HAM. Agar AICHR bisa merealisasikan maksud dan tujuannya, ASEAN dan negara-negara anggotanya harus menghormati HAM dan mendukung AICHR melalui berbagai upaya dan kekuatan yang diperlukan. Kata Kunci: AICHR, ASEAN, Hak Asasi Manusia, Myanmar, Rohingya

scholarly journals East African Community Regional Integration: Private Investment Implications

2021 ◽  
pp. 84-89
Author(s):  
Naftaly Mose ◽  
Irene Keino ◽  
G. Yoganandan ◽  
Oladipo Olaniyan ◽  
Thabani Nyoni
Keyword(s):  
Regional Integration ◽  
Random Effect ◽  
Private Investment ◽  
Business Environment ◽  
Investment Model ◽  
Regression Result ◽  
East African ◽  
Member States ◽  
East African Community ◽  
African Community

The objective of regional integration is the attainment of long-run economic growth for member countries. Private investments are decisive in attaining this objective, given the high dependence of EAC member states on state-owned investment. This has been attributed to the economic policies implemented by the government which favors state-owned investment. Further, existing empirical studies have been unable to determine whether trade liberalization advances or obstructs the accumulation of private and foreign investment. This study, assuming a random effect assumption, attempts to estimate the private investment model in EAC member states using the panel least squares technique for the period 1981-2015. The panel random effect regression result reveals that East African Community regional integration has had a significant impact on private investment build-up owing to the presence of third-country investors not currently established inside the EAC region. This study, therefore, recommends any policy agenda aimed at deepening regional integration through guaranteeing an appropriate business environment for enabling free movement of factors of production, population, and goods and services.

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