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. / Thesis (LLD)--University of Pretoria, 2014. / tm2015 / Centre for Human Rights / LLD / Unrestricted
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:up/oai:repository.up.ac.za:2263/46232 |
| Date | January 2014 |
| Creators | Possi, Ally |
| Contributors | Viljoen, Frans |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Rights | © 2015 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
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