Realization of socio-Economic rights under the east African community treaty: challenges and prospects
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Date
2012
Authors
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Journal ISSN
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Publisher
University of Dar es Salaam
Abstract
This study looks at Challenges and prospects to the Realizations of Socio-Economic Rights under the East African Community Treaty. Despite the obligation of partner States to implement human rights in accordance with the Banjul Charter, there are yet less or no attempts to promote and protect Socio-Economic Rights. The study based mainly on desk and library research. However, field research was undertaken where unstructured interview technique was employed in data collection. It is found that there are little efforts taken by the East African Community to the realization of Socio-Economic Rights, Further, partner States hinder the adoption of the protocol to extend EACJ jurisdiction to cover human rights cases. There is also lack of commitment by the partner states to implement the East African Community decisions on promotion and protection of human rights. The Banjul Charter as a source of Human Rights norms is a challenge because not all Socio-Economic Rights are provided there and the partner states are also subscribes to other instruments. There are also delays in the adoption of EAC Bill of Rights which adequately covers the Socio-Economic Rights. It is recommended that the sources law of the East African Court of Justice should be the East African Community Bill of Rights and human rights instruments ratified by each state. The process of adoption of the protocol extending the court’s jurisdiction to cover human rights cases should be expedited so as to implement Article 27 (2) of the Treaty. Partner states are urged to implement East African Community decisions on human rights promptly. The Civil Society in the region should be vibrant.
Description
Available in print form, East Africana Collection, Dr. Wilbert Chagula Library, Class mark (THS EAF JC571.A353H32)
Keywords
Human rights, East Africa Community, Africa East
Citation
Habibu, Kamru (2012) Realization of socio-Economic rights under the east African community treaty: challenges and prospects, Master dissertation, University of Dar es Salaam