Adjudication of human rights disputes in the sub-regional courts in Africa: A case study of the East African Court of Justice

The establishment of regional economic blocs with fully fledged judicial organs provides alternative fora for litigating human rights disputes. Thus, the adjudication of human rights disputes is no longer the exclusive domain of domestic courts. Sub-regional courts such as the East African Court of Justice (EACJ) and the Economic Community of West African States (ECOWAS) Community Court of Justice have been at the forefront of promoting and protecting human rights within their respective regions as is evident by the pragmatic and bold jurisprudence emanating from the courts. This paper examines whether the adjudication of human rights disputes by the sub-regional courts demonstrates a stronger human rights protection regime in Africa and particularly in the regions where these courts operate. In doing so, the paper traces the evolution of human rights jurisprudence particularly regarding the EACJ where the majority of the cases concern violations of human rights even though it has no explicit human rights jurisdiction. The paper also addresses some of the challenges that have arisen or may arise as a result of the EACJ assuming jurisdiction on human rights issues and proposes mitigating solutions.