Abstract:
Judicial arms of Regional Economic Communities (RECs) in Africa are
today active adjudicators of human rights cases. Originally designed to
mainly deal with cases regarding regional integration and trade, the courts
or tribunals of RECs have in the last two decades received and determined
a solid stream of human rights cases. This article concerns itself with the
human rights practice of the East African Court of Justice (EACJ), a subregional
court operating under the aegis of the East African Community
(EAC). It examines the extent to which EAC member states have
implemented and complied with the human rights decisions of the EACJ. It
is located within and adds onto the relatively new body of literature on
compliance with decisions of sub-regional courts in Africa. In six human
rights cases in which the EACJ found a violation of the EAC Treaty, the
analysis finds full or partial compliance in three. Although the sample of
cases analysed is small, the article points to important insights on factors
predictive of compliance. These include international pressure, quick
resolution of cases by the EACJ and the system of governance or level of
democracy and rule of law in member states. As the EACJ is only as strong
as its parent organisation, a more active involvement of the EAC Council of
Ministers in monitoring compliance with EACJ decisions is imperative.
