Defining the Scope of Free Movement of Citizens in the East African Community: The East African Court of Justice and Its Interpretative Approach

2016 ◽  
Author(s):  
Caroline Nalule
Keyword(s):  
Free Movement ◽  
East African ◽  
East African Community ◽  
Court Of Justice ◽  
African Community ◽  
Interpretative Approach

Defining the Scope of Free Movement of Citizens in the East African Community: The East African Court of Justice and its Interpretive Approach

2018 ◽  
Vol 62 (1) ◽  
pp. 1-24 ◽  
Author(s):  
Caroline Nalule
Keyword(s):  
Free Movement ◽  
East African ◽  
East African Community ◽  
Community Law ◽  
The Core ◽  
Court Of Justice ◽  
Interpretive Approach ◽  
African Community ◽  
Free Movement Of Persons ◽  
The Right

AbstractFree movement of persons is one of the core tenets of the East African Community (EAC) common market, making it seem like a purely economic project. However the EAC ultimately aims to constitute itself as a political federation. This article argues that the free movement of persons within the EAC should be interpreted in broad terms with the aim of asserting it as a fundamental right of EAC citizens. Such an interpretation should be championed by the East African Court of Justice, whose mandate is the interpretation and application of community law. The court, however, seems to prefer a narrow, textual and cautious interpretive approach that may not necessarily advance the EAC's broader objectives. A human rights-oriented interpretive approach might just be the key to realizing a progressive transformation in the rationalization of the right to free movement within the EAC.

Media Council of Tanzania and Others v. Attorney General of the United Republic of Tanzania (East Afr. Ct. J.)

2020 ◽  
Vol 59 (5) ◽  
pp. 849-872
Author(s):  
Ndanga Kamau
Keyword(s):  
Freedom Of Expression ◽  
Attorney General ◽  
East African ◽  
East African Community ◽  
Court Of Justice ◽  
United Republic ◽  
Media Services ◽  
United Republic Of Tanzania ◽  
African Community

On March 28, 2019, the First Instance Division of the East African Court of Justice (the EACJ or Court) issued a judgment in Media Council of Tanzania and Others v. Attorney General of the United Republic of Tanzania, Reference No. 2 of 2017. The Court held that several provisions of United Republic of Tanzania's Media Services Act 2016 (the Act) violated the freedom of expression at the heart of the fundamental and operational principles enshrined in Articles 6(d) and 7(2) of the Treaty Establishing the East African Community (the EAC Treaty).

The East African Court of Justice, Enforcement of Foreign Arbitration Awards and the East African Community Integration Process

2019 ◽  
Vol 63 (1) ◽  
pp. 1-23
Author(s):  
Richard Frimpong Oppong
Keyword(s):  
New York ◽  
Community Integration ◽  
Arbitral Tribunal ◽  
East African ◽  
East African Community ◽  
Community Law ◽  
Court Of Justice ◽  
Legal Regimes ◽  
African Community ◽  
New York Convention

AbstractThis article discusses the legal regimes for enforcing foreign arbitral awards within the East African Community (EAC). It focuses specifically on the enforcement of awards from partner states as well as from the East African Court of Justice (EACJ), which, although a supranational court, has jurisdiction to accept parties’ designation to act as an arbitral tribunal. The EAC has not yet developed a supranational community law based regime for enforcing foreign arbitral awards. The current dominant regime for enforcing such awards is the New York Convention. The article examines how the convention has been applied in the partner states and discusses aspects of the existing jurisprudence that demand reconsideration. It examines the suitability of applying the convention regime to awards from the EACJ, and the case for harmonizing the legal regimes for enforcing foreign arbitral awards within the EAC.

scholarly journals Implementation of East African Community Law by Partner States: A review of relevant laws

2020 ◽  
Vol 5 (1) ◽  
pp. 111-138
Author(s):  
Augustus Mbila
Keyword(s):  
European Union ◽  
The European Union ◽  
East African ◽  
European Union Law ◽  
East African Community ◽  
Community Law ◽  
Court Of Justice ◽  
Municipal Law ◽  
African Community ◽  
Heads Of State

On 30 November 1999, the Heads of State of the East African Community met in Arusha, Tanzania, and concluded the Treaty for the establishment of the East African Community. The Treaty came into force on 7 July 2000. The founding members of this Community were Kenya, Uganda, and Tanzania. Rwanda and Burundi acceded to the Treaty in 2007 while South Sudan acceded to the Treaty in 2016. While the treaty has the potential of promoting unity among the partner states, this is threatened by the fact that it fails to address how Partner States should implement it. A critical analysis of the jurisprudence from the East African Court of Justice and those of the Court of Justice of the European Union shows that community law is an autonomous legal order in which Partner States have accepted to cede part of their sovereignty to the community. Therefore, community law, unlike international law which houses it, has primacy over the municipal law of the Partner States, notwithstanding their constitutional philosophies. This paper seeks to examine how East African Community Law is implemented by partner states by reviewing the EAC Treaty, the decisions of the East African Court of Justice and the municipal laws of partner states. Decisions of the Court of Justice of the European Union on the implementation of European Union Law by Partner States of the European Union are discussed as lessons to be learnt in the East African Community.

International Courts as Coordination Devices for Opposition Parties

2020 ◽  
pp. 35-87
Author(s):  
James Thuo Gathii
Keyword(s):  
Political Parties ◽  
Home Country ◽  
East African ◽  
Coordination Problem ◽  
East African Community ◽  
Court Of Justice ◽  
Dominant Parties ◽  
African Community ◽  
Judicial Remedy ◽  
Opposition Parties

This chapter examines how opposition political parties have sought to overcome repressive practices in four of the six East African Community Member States: Kenya, Tanzania, Uganda, and South Sudan. Opposition political parties and politicians from these countries have prodded the East African Court of Justice (EACJ) to use a treaty remedy for violations of rules governing the elections of members to the East African Legislative Assembly (EALA) in each of these countries. They have done so by pursuing a judicial remedy in the EACJ to resolve a coordination problem that opposition parties face when their opportunity to participate in an above-board election is compromised. These cases show how challenging the electoral malpractices of dominant parties in the EACJ facilitate opposition mobilization in ways that are not always possible, or even anticipated, in their home country. The EACJ has facilitated this coordination by consistently affirming that above-board elections are the only permissible mode of electing members of the EALA. This has helped opposition political parties to know when they have a factual basis with a likelihood of success so they could bring cases against dominant political parties in the EACJ. By contrast, the lack of cases from Burundi and Rwanda shows that the clamp down on organizational rights in these countries have made it impossible for opposition parties and politicians to bring election cases before the EACJ.

Prospects for free movement in the East African Community

2013 ◽  
Vol 3 (3) ◽  
pp. 103-122 ◽  
Author(s):  
John Oucho
Keyword(s):  
East Africa ◽  
Regional Integration ◽  
Migration Policy ◽  
Common Market ◽  
Free Movement ◽  
East African ◽  
East African Community ◽  
African Community ◽  
Afrique Australe ◽  
Afrique De L’Est

This article traces the evolution of regional integration in East Africa, discussing its nature, scope, triumphs, and challenges. It reviews the Protocol on the Establishment of the East African Community Common Market (PEEACCM), which develops aspects of free movement policy that were implicit in earlier editions of the EAC regional integration. The article then addresses the several challenges that exist to free movement in the EAC as it endeavors to usher in the larger Southern and East Africa COMESA–EAC–SADC Tripartite Agreement and even wider continental-level coordination. It concludes that a managed migration policy rather than free movement might be more appropriate. Spanish Este artículo traza la evolución de la integración regional en África del Este, discutiendo su naturaleza, alcances, triunfos y desafíos. Se revisa el Protocolo para el Establecimiento del Mercado Común de la Comunidad de África del Este (conocido como Protocolo de Mercado Común), el cuál desarrolla aspectos de la política de libre circulación que estaban implícitas en las previas ediciones sucesivas a la integración regional en la Comunidad de África del Este (CAE). Posteriormente, el artículo aborda los diversos desafíos que existen para la libre circulación en la CAE en contraste con los esfuerzos de la misma CAE por ser la vanguardia en el amplio Acuerdo Tripartita COMESA-CAE-SADC, que abarca países del sur y del este de África, y en la coordinación a nivel continental aún más amplia. El autor llega a la conclusión de que una política de gestión de la migración en lugar de libre circulación podría ser más apropiada. French Cet article retrace l'évolution de l'intégration régionale en Afrique de l'Est (AE), en discutant de sa nature, de sa portée, des succès et des défis qui se posent à elle. Il examine le Protocole portant sur la création du Marché commun d'Afrique orientale communautaire (PEACCM en anglais), qui développe des aspects de la politique de libre circulation qui étaient implicites dans les éditions précédentes des accords d'intégration de l'AE. L'article aborde ensuite les nombreux défis qui se posent à la libre circulation dans la CAE, comment les CAE s'efforcent également d'inaugurer la plus grande Afrique australe et orientale de l'Accord tripartite COMESA-EAC-SADC et de la coordination encore plus large au niveau continental. Il conclut qu'une politique de gestion des migrations pourrait être plus appropriée que la libre circulation.

The Role of the East African Court of Justice in the Advancement of Human Rights: Reflections on the Creation and Practice of the Court

2019 ◽  
Vol 27 (3) ◽  
pp. 359-377
Author(s):  
Mihreteab Tsighe Taye
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
East African ◽  
East African Community ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
African Community ◽  
The Creation ◽  
Over Time

International courts (ICs) like any other institution evolve over time. They constantly evolve responding to socio-political dynamics. The East African Court of Justice (EACJ) has evolved to deal with the rule of law and human rights-related cases. Although the jurisprudence of the EACJ has been studied, the creation of the court and the origin of the provisions in which the court relies to decide human rights-related matters has largely been unexplored. This article presents the first empirical analysis of the creation of the EACJ and the processes by which the provisions of the rule of law and human rights entered the Treaty for the establishment of the East African Community (EAC). The article also examines the practice of the EACJ to show its evolution over time.

scholarly journals An Appraisal of the Functioning and Effectiveness of the East African Court of Justice

2018 ◽  
Vol 21 ◽  
pp. 1-42 ◽  
Author(s):  
Ally Possi
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
East African ◽  
East African Community ◽  
Court Of Justice ◽  
Initial Stage ◽  
African Community ◽  
The Right ◽  
Integration Project

This contribution reflects on the functioning of the East African Court of Justice (EACJ) and judges its effectiveness by assessing the Court's role of ensuring adherence to, the application of and compliance with the East African Community (EAC) Treaty. The EACJ became operational on 30 November 2001, following its inauguration after the swearing in of its judges and the Registrar. During this initial stage of the Court's existence there were indications that the EACJ was failing to stamp its authority on the activities of the Community. The main reason for this failure is the existence of gaps in the EAC Treaty, which prevent the EACJ from effectively discharging its functions. In addition, as shown in this article, the EACJ has been delivering judgements on the grounds of doubtful authority which has gradually diminished the Court's legitimacy. Given its relevance to the EAC, this may therefore be the time to audit the EACJ's functioning and reflect on whether it is moving in the right direction. The hypothesis of this article is that the EACJ has been struggling to establish its authority in the region, mostly in the areas of human rights, the rule of law and good governance. In tracing its history so far it is easy to discern its strategic attempts at judicial law-making to arrogate to itself the role of the protector of human rights. While it is acknowledged that the EACJ is increasingly receiving cases of a divergent nature, most of these cases have had little influence on the integration project or are outside the scope of its mandate.    

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