State implementation and compliance with the human rights decisions of the East African Court of Justice

Abstract

Judicial arms of Regional Economic Communities (RECs) in Africa are today active adjudicators of human rights cases. Originally designed to mainly deal with cases regarding regional integration and trade, the courts or tribunals of RECs have in the last two decades received and determined a solid stream of human rights cases. This article concerns itself with the human rights practice of the East African Court of Justice (EACJ), a subregional court operating under the aegis of the East African Community (EAC). It examines the extent to which EAC member states have implemented and complied with the human rights decisions of the EACJ. It is located within and adds onto the relatively new body of literature on compliance with decisions of sub-regional courts in Africa. In six human rights cases in which the EACJ found a violation of the EAC Treaty, the analysis finds full or partial compliance in three. Although the sample of cases analysed is small, the article points to important insights on factors predictive of compliance. These include international pressure, quick resolution of cases by the EACJ and the system of governance or level of democracy and rule of law in member states. As the EACJ is only as strong as its parent organisation, a more active involvement of the EAC Council of Ministers in monitoring compliance with EACJ decisions is imperative.