Call for paper | Submit Your Manuscript Online
Volume 1 - Issue 4, November - December 2025
📑 Paper Information
| 📑 Paper Title |
Human Rights Protection Under the Eac Treaty: Jurisdictional and Compliance Challenges |
| 👤 Authors |
Mgaya Wilfred Masseke |
| 📘 Published Issue |
Volume 1 Issue 4 |
| 📅 Year of Publication |
2025 |
| 🆔 Unique Identification Number |
IJAMRED-V1I4P7 |
📝 Abstract
This Article examines the enforceability of the East African Community (EAC) Treaty in protecting human rights, with particular focus on its alignment with international human rights standards. Although the Treatyincorporates fundamental principles such as democracy the rule of law, accountability and the recognition of human rights, its enforcement framework remains weak and largely aspirational. The study investigates whether the EAC’s legal and institutional mechanisms adequately protect human rights compared to international treaties such as the International Covenant on Civil and Political Rights, ICESCR and the UDHR. The study adopts doctrinal legal methodology, relying on primary sources such as the EAC Treaty, relevant international conventions and case law of EACJ. Secondary sources including books, journal articles and policy reports are also used. However; comparative legal analysis is applied by examining regional courts such as the ECOWAS Court of Justice and the European Court of Justice, which provide more robust enforcement mechanisms. Findings reveal that while the EAC Treaty acknowledges universally accepted human rights standards, the EACJ lacks explicit human rights jurisdiction and has no effective enforcement or sanctioning mechanisms. Partner States’ reluctance to extend jurisdiction, weak compliance with EACJ judgments and the absence of clear domestication procedures significantly undermines enforceability. In contrast the ECOWAS Court permits direct individual access and has developed binding human rights jurisprudence offering valuable lessons for the EAC. The study concludes that the EAC Treaty’s human rights framework remains largely symbolic without enforceability. Based on these findings the study recommends a comprehensive reform of the EAC Treaty to expand the EACJ’s jurisdiction to include human rights. It also proposes the creation of a robust enforcement mechanism to ensure that the Court’s judgments are binding and respected at the national level. These reforms would enhance the EACJ’s credibility and solidify its role as a guardian of the rule of law and human rights in the East African Community.