DOI: https://doi.org/10.32461/2226-3209.1.2018.178183

SOME ASPECTS OF THE PROTECTION OF HUMAN RIGHTS IN THE EAST AFRICAN COURT

Gulnara Shaikhutdinova, Anna Arseniuk

Abstract


Abstract. This article is dedicated to the issues that emerged due to the uncertain competence of the East African Community (EAC) and jurisdiction of the EAC Court of Justice. The authors raise a question of “legislative” authorities of supranational organizations, conduct a comparative analysis with the European system of protection of human rights, as well as thoroughly review the delimitation of competences using the example of European Union. The work also analyzes the constitutional document of EAC and judicial practice of EAC Court. The authors provide statistical data that confirm inefficiency of the African Court on Human and Peoples’ Rights, and touch upon the question of parallel jurisdiction of the EAC Court in the area of human rights and the African Court. The article demonstrates the presence of complex and contradictory issues, which resolution affects the further work of EAC Court as a quasi-judicial agency on protection of human rights. In order to solve such issues, it is necessary to extend the time limit for filing a complaint to six months and simplify the procedure for filing a complaint, eliminating the condition of exhaustion of domestic remedies when it is evident that the domestic courts deliberately delayed the case.
Keywords: African Charter, Sub-regional community, Regional system, Fragmentation, East African Court
of Justice, Jurisdiction, African Court on Human and Peoples’ Rights, EU Court, ECOWAS, EAC, SADC, Protection of human rights.


Full Text:

PDF

References


Treaty for the Establishment of the East African Community (EAC) URL:

. http://www.wipo.int/wipolex/ru/treaties/text.jsp?file_id=173330;

Legal Notice EAC/11/2007; 8th Summit of the East African Community Heads of State Joint Communiqué,

November 2006, Arusha, Tanzania;

Mezyayev, A.B. International Courts and Africa // Asia and Africa today. 2005. № 11. P. 14-18;

James Thuo Gathii, Variation in the Use of Subregional Integration Courts between Business and Human

Rights Actors: The Case of the East African Court of Justice, 79 Law and Contemporary Problems 37-62 (2016)

James Katabazi and 21 Others v. The Secretary General of the East African Community and The Attorney

General of Uganda, Ref. No. 1 of 2007.

Plaxeda Rugumba v. The Secretary General of The East African Community and Attorney General of

Rwanda, Ref. No. 8 of 2010, EACJ First Instance Division;rugu;

Mary Ariviza & Okotoh Mondoh v. Attorney General of Kenya & Secretary General of East Africa

Community, Ref. № 7 of 2010;

Independent Medical Unit v. The Attorney General of Kenya and Others,Ref. No. 3 of 2010, EACJ First Instance Division.

Ispolinov A.S. Evolution of the practice of the Court of Justice of the European Union in the field of human

rights // Bulletin of Moscow University. Series 11, Right. 2013. No. 4. P. 80-97.

Gathii J.T. (2013) Mission Creep or a Search for Relevance: The East African Court of Justice’s Human

Rights Strategy. Duke Journal of Comparative & International Law, vol. 24 (249).

Njenga Lily.The Genesis of the Court’s jurisdiction of the East African community in the field of human

rights// Questions of economics and law. 2016. № 10. ISSN: 2072-5574 P.22-27.