The East African Court of Justice : towards Effective Protection of Human Rights in the East African Community

Abstract

The establishment of the East African Community (EAC) in 1999 brought with it new expectations for the citizens of the East African region. The main objective of the EAC is to bolster development in various fields such as economic, social, cultural, research, technology and legal affairs. In order to reach such an objective, the EAC member states have pledged to adhere to human rights, as one of the founding principles of the EAC. Member states are also required to respect accepted universal human rights standards when carrying out Community activities. In order to ensure that EAC values, as provided in the EAC Treaty, are preserved, member states voluntarily decided to put in place a judicial organ for the Community − the East African Court of Justice (EACJ). The Court is the main judicial organ of the EAC, with the primary responsibility for interpreting and applying EAC law. Despite the fact that human rights constitute one of the EAC norms, the EACJ has yet to be granted an explicit human rights jurisdiction. It has thus fallen on the Court to engage in judicial activism to indirectly protect human rights within the Community. Thus, this study examines the role of the EACJ in protecting human rights within the EAC, as well as the challenges it is facing at present and its prospects. This study, therefore, demonstrates that the current limitation on the human rights jurisdiction of the EACJ has rendered the Court unable to protect human rights effectively within the EAC.