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

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.