The human rights jurisdiction of the East African Court of Justice: challenges and prospects

Lawena, Sara

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Title:	The human rights jurisdiction of the East African Court of Justice: challenges and prospects
Author:	Lawena, Sara
Year:	2013
Periodical:	Journal of African and international law (ISSN 1821-620X)
Volume:	6
Issue:	1
Pages:	119-190
Language:	English
Geographic term:	East Africa
Subjects:	East African Community African courts jurisdiction human rights war crimes
Abstract:	The East African Court of Justice (EACJ) is a judicial body established under the treaty for the establishment of the East African Community (EAC). Despite the intention to extend the jurisdiction, tension is mounting and the political entity responsible for the adoption of the protocol is now reluctant to do so. State parties are resistant to extend the jurisdiction to entertain human rights cases on the basis of state sovereignty. States are not willing to be bound by the court. Furthermore, the failure by the EACJ to specifically have competence over human rights cases results from unwillingness of political leaders in the EAC. The study assesses the human rights situation in the sub-regions of Africa and shows that the establishment of a sub-regional court with a strong human rights jurisdiction is vital due to the poor human rights record on its promotion and enforcement in African States. The paper also assesses the legal framework for the EACJ jurisdiction especially the purported protocol for the extension of jurisdiction on human rights and analyses the reasons for the delay in adopting it. The study makes a critical analysis of the adopted EAC Bill of Human Rights and assesses the need to fasttrack the adoption of a Protocol to operationalize the extended jurisdiction, whilst also keeping in mind the concerns raised over the establishment of a criminal chamber within the EACJ to try all international crimes, including war crimes. Notes, ref. [ASC Leiden abstract]