The domestic effect of the East African Community’s human rights practice
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Date
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of Pretoria
Abstract
The
Treaty
for
the
Establishment
of
the
East
African
Community
(EAC
Treaty)
outlines
good
governance,
democracy
and
the
promotion
and
protection
of
human
rights
as
part
of
the
EAC’s
fundamental
and
operational
principles.
The
East
African
Court
of
Justice,
(EACJ)
has
authoritatively
ruled
that
the
observance
of
human
rights
is
indispensable
to
the
achievement
of
the
Community’s
integration
objectives.
Given
that
the
ultimate
beneficiaries
of
EAC’s
integration
process
are
the
citizens
and
residents
of
the
respective
Partner
States,
it
follows
that
any
measures
taken
under
the
EAC’s
framework
for
the
promotion
and
protection
of
human
rights
should
radiate
from
the
sub-__regional
to
the
domestic
sphere
and
impact
the
human
rights
practices
in
the
Partner
States
for
the
benefit
of
their
citizens
and
residents.
This
thesis
pursues
this
proposition
by
investigating
how
the
measures
taken
by
the
EAC
at
the
sub-__regional
level
to
promote
and
protect
human
rights
have
influenced
the
development,
interpretation
or
application
of
law
and
policy,
or
the
practices
of
state
and
non-__state
actors
within
the
domestic
sphere
of
each
of
the
Partner
States.
Inclusive
in
this
is
an
evaluation
of
the
factors
that
affect
how
these
measures
are
received
and
implemented
within
the
respective
national
frameworks.
The
overall
finding
of
this
research
is
that
the
EAC’s
measures
for
the
promotion
and
protection
of
human
rights
have
influenced
development
of
national
law
and
policy,
as
well
as
national
state
and
non-__state
actors.
However,
this
influence
has
been
limited
in
terms
of
scale
and
spread.
This
is
attributable
to
a
number
of
factors,
including
poor
linkages
and
coordination
between
sub-__regional
and
national
level
institutions
and
actors,
low
prioritisation
of
human
rights
by
the
EAC
Partner
States
as
well
as
limited
engagement
with
the
EAC
human
rights
framework
by
national
level
human
rights
workers
and
EAC
citizens
and
residents.
The
thesis
makes
a
number
of
targeted
proposals
on
how
these
challenges
can
be
surmounted
in
order
to
enhance
the
domestic
effect
of
the
EAC’s
human
rights
measures
within
the
Partner
States’
legal
and
policy
framework.
Description
Thesis (LLD)--University of Pretoria, 2017.
Keywords
UCTD
Sustainable Development Goals
Citation
Lando, VVO 2017, The domestic effect of the East African Community’s human rights practice, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/64619>