176) Although it lacks "a clear competence in the area of human rights," (179) the Tribunal has, like the EACJ
, claimed and construed jurisdiction over human rights issues on the basis of a general commitment to "human rights, democracy and the rule of law" in the SADC Treaty (180) over whose interpretation and application it does possess jurisdiction.
Southern African Development Community (SADC) Tribunal, the EACJ has
their commitments to respect human rights; the EACJ is dragging them
in the EACJ represents a significant instance of building and forging
In the resolution, the EALA asserted that the post-election violence had breached the provisions on good governance, rule of law, democracy, accountability, social justice, and settlement of disputes enshrined in the Treaty of the East African Court of Justice (EACJ Treaty), and, as a result, the EACJ could adjudicate the Kenyan cases.
Article 9(l)(e) of the East African Community Treaty (EAC Treaty) initially established the EACJ as the judicial organ of the East African Community.
Gathii makes this point, explaining that "human rights activists bring cases before the EACJ not necessarily or merely to get compliance, but to name and shame their governments for the alleged violations.
In this symposium, Gathii finds that the EACJ is forging connections with human rights bar associations and civil society groups, (75) and Huneeus discusses links between the IACtHR and neoconstitutionalist lawyers.
Human rights advocates have actively and repeatedly litigated their cases in the EACJ, even though the EACJ does not have explicit jurisdiction to decide human rights cases.
Unlike human rights advocates, business actors in general and the East African Business Council (EABC) in particular have eschewed litigating before the EACJ.
It is a contravention of the Treaty for the Sectoral Council to exclude the Appellate and the Human Rights jurisdiction from the Protocol to operationalise the extended jurisdiction of the EACJ, saying that while Partner States have adopted the African Charter of Human and People s Rights (ACHPR), most of them have not deposited the necessary declaration, thus hampering East Africans from accessing the Court.
Wilbert Khwa, Counsel for the Respondent, the EAC Secretary General, submitted that, the zero protocol on the extended jurisdiction is in the process of being enacted and that the Council of Ministers is in the process of implementing Article 27 of the Treaty, regarding the extended jurisdiction of the EACJ.