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

2018 ◽  
Author(s):  
Mihreteab Taye
Keyword(s):  
Human Rights ◽  
East African ◽  
Court Of Justice ◽  
The Creation

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 East African Court of Justice and Human Rights Jurisdiction: Drawing the Line

2018 ◽  
Vol 3 (1) ◽  
pp. 1-23
Author(s):  
Liza Chula
Keyword(s):  
Human Rights ◽  
Economic Integration ◽  
Rule Of Law ◽  
East African ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
Pertinent Question ◽  
Protection Of Human Rights ◽  
African Charter

Human rights in Africa have gradually gained a place of recognition few could have foreseen only a decade ago. With the promotion and protection of human rights entrenched deep in the African Charter on Human and Peoples’ Rights, African states have a duty to uphold this principle in the larger goal of regional economic integration. The East African Court of Justice (EACJ), a regional court, has thus assumed the role of a watchdog in breathing life into these provisions, safeguarding the rule of law and ensuring everyone plays by the rules. It is unfortunate that these watchdogs can then lack the most important tool in steering the ship – jurisdiction. This paper, through a detailed analysis of literature review, tackles the pertinent question of whether the court has jurisdiction to handle human rights cases and arrives at the conclusion that an express mandate is lacking, but there is a somewhat implied mandate. Nonetheless, a clear articulation of the EACJ’s mandate is necessary to enable it to address issues effectively and efficiently.

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.    

Translating Rights

Reified Life ◽  
2018 ◽  
pp. 148-174
Author(s):  
J. Paul Narkunas
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
Power Relations ◽  
International Criminal ◽  
Criminal Court ◽  
Natural Rights ◽  
Political Aesthetics ◽  
The Creation

This chapter describes how English and French as the de jure languages of human rights at the International Criminal Court. As a result, populations who do not adhere to Western Enlightenment notions of rights can be declared terrorists or “enemies of humankind.” By tracing the workings of translation in the ICC through the Thomas Lubanga trial, the author discusses how translation can deny human status to those brought before the ICC. It also provides, however, the means to challenge the legitimacy of the court as merely another sign of universalizing western justice, solidified by the fact that all people brought before the ICC come from the continent of Africa. By focusing on how language produces reality, the creation of natural rights claims allow for new forms of political protection in the chasm between differing legal orders. Consequently, thinking the role of translation as metaphor and practice for world making and the production of agency is an inchoate form of political aesthetics. Translation may offer, thus, a way to reconceive the human and its attendant rights due to language’s role in world making, subject production, and power relations. This indicates a form of ahuman agency.

scholarly journals An Agreement to Disagree: The ASEAN Human Rights Declaration and the Absence of Regional Identity in Southeast Asia

2014 ◽  
Vol 33 (3) ◽  
pp. 107-129 ◽  
Author(s):  
Mathew Davies
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Member State ◽  
Regional Identity ◽  
Member States ◽  
The Future ◽  
The Creation ◽  
Institutional Origins

ASEAN's engagement with human rights culminated in the creation of the ASEAN Human Rights Declaration in 2012. The Declaration is fascinating in three ways: Its institutional origins are surprising, it was agreed upon by states with very different positions on the role of human rights domestically, and it both contains commitments far in advance of some members and is at the same time dangerously regressive. The three leading frameworks that currently interrogate the Declaration fail to provide convincing insights into all three of those dimensions. To correct these shortcomings, this article applies the notion of an “incompletely theorized agreement” to the study of the Declaration, arguing that member states understand the Declaration in very different ways and agreed to it for similarly diverse reasons. Further, I argue that the Declaration neither articulates a shared regional identity relating to respect for human rights, nor can it be understood as marking an early point towards the creation of this identity. Instead, the current diversity of regional opinions on human rights and democracy is perceived as legitimate and will endure. The article concludes by considering whether this denudes the Declaration of value, arguing that its importance will vary: The more progressive the member state, the more important the Declaration will be in the future.

Court of Justice of the eu Rules Collective and Inaccessible Electrical Metres Discriminate against Roma: chez Razpredelenie Bulgaria ad v. Komisia za zashtita ot diskriminatsia (C-83/14)

2016 ◽  
Vol 18 (1) ◽  
pp. 112-125 ◽  
Author(s):  
Claude Cahn
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
Significant Contribution ◽  
Ethnic Origin ◽  
Court Of Justice ◽  
European Court ◽  
Indirect Discrimination ◽  
Current Article ◽  
The Eu

The judgment of 16 July 2015 is ecj’s first substantive ruling in a case concerning racial discrimination against Roma. This is noteworthy, given the centrality of Roma to the jurisprudence of the European Court of Human Rights in the area of discrimination (on the European Court of Human Rights, Roma and racial discrimination, see C. Cahn (2015), ‘Triple Helix: The Jurisprudence of the European Court of Human Rights, Roma and Racial Discrimination’, in: Claude Cahn, Human Rights, State Sovereignty and Medical Ethics, Leiden: Brill Nijhoff, pp. 106–148.). The ecj ruling in the chez case is important for a number of reasons, including for recognizing that the ban on discrimination by association applies also to cases of indirect discrimination. Its most significant contribution however is its reflections on the role of stigma in driving discrimination based on racial or ethnic origin. Also of note is its rejection of a number of approaches used in national law – in Bulgaria and elsewhere – as incompatible with European Union anti-discrimination law. The judgment is among the most important ecj rulings to date on discrimination. The current article discusses some of the noteworthy aspects of the case.

CURRENT DEVELOPMENTS: IV. CITIZENSHIP AND HUMAN RIGHTS

2004 ◽  
Vol 53 (2) ◽  
pp. 493-501 ◽  
Author(s):  
Erika Szyszczak
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
International Obligations ◽  
Court Of First Instance

Citizenship and human rights continue to play an important role in the evolution of Community law. Both sets of principles have appeared in the case law of the European Courts and in the creation of a Constitutional document for Europe. Part II of the draft Constitution incorporates the Charter of Fundamental Rights of the Union. Additionally, the first report from the independent network of experts in fundamental human rights details the various international human rights obligations which the Member States are subject to, analysing Member State policy in a number of areas in the light of the international obligations.1Paradoxically, at a time when greater emphasis is being paid to the constitutional recognition of human rights there are indications of divisions between some of the Advocates General, the Court of First Instance and the European Court of Justice (the Court) on the constitutional role of fundamental rights in relation to access to justice.

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