Section II: Innovative ways in which the Court Functions

The East African Court of Justice (EACJ) has transformed into an influential entity, extending beyond its conventional judicial duties to actively foster regional collaboration, standardize legal frameworks, and heighten public understanding. Through its cutting-edge techniques and steadfast commitment to collaboration, the EACJ has not only excelled in resolving legal disputes but has also made a formidable impact on various facets of societal progress within the East African Community (EAC). This paper examines the comprehensive influence of the EACJ's tactics, shedding light on its contribution to ensuring the equitable distribution of healthcare resources, mediating conflicts through ADR, and developing partnerships with other entities. Additionally, the investigation expands to comparable courts within the Southern African Development Community (SADC) and the Economic Community of West African States (ECOWAS), shedding light on the intricate relationships between these organizations in molding local legal frameworks.

The Court Plays a Promotional Role

The EACJ has significantly influenced the legal landscape through its progressive methods of operation, with particular emphasis on its advocacy efforts. The EACJ acknowledges that it should not only decide cases but also collaborate with citizens and member nations in a dynamic fashion. This is demonstrated by its commitment to engaging with member states to address human rights concerns, thereby promoting understanding and open communication about the principles protected under the EAC Treaty[1]. In fostering the East African cooperation, EACJ engages the members of the community through workshops and training sessions where they take the opportunity to educate and advocate for the various peace and progression aspects. For instance, we encounter an instance when the president of the EACJ court HON. Justice Nestor Kayobera calling a meeting with young lawyers and academicians to enlighten them of their roles in the integration agenda within the EAC community[2]. The meeting was held on 25th November 2021 at the Bujumbura University where the president advised the students the need for familiazing with the various provisions of the EAC in the efforts to foster peace and cooperation within the region through awareness creation.

The East African Court of Justice (EACJ) has demonstrated a significant impact through its innovative functioning, fostering collaboration, cooperation with various organizations that advocate for human rights among them the UN and UNESCO, within the East African Community (EAC). The undertaken activities have generated varied and extensive outcomes, exceeding the limits of routine judicial actions. A distinctive feature of the court's effect is its influence on state human rights[3]. Through various interventions, the EACJ has ensured that member states promote human rights by advocating for peaceful conflict resolutions and through addressing issues that could in one way or the other lead to violation of basic human rights among the member states.

The EACJ's alliances with different bodies like the UN have amplified its influence. Partnerships with such entities have enabled the court to confront a more comprehensive range of issues such as discrimination, gender inequality, police brutality and poor governance that affect citizens who are members of the East African Community. The joint efforts of these parties have generated novel approaches to conflict management, including mediation and arbitration, which lighten the load on traditional courts and enable faster and more effective conflict resolution.

The use of innovative communication approaches through both the print and non-print media by the EACJ has played a vital role in spreading legal wisdom and encouraging visibility. The court has harnessed digital technologies and online networks to furnish periodical reports on its activities, pivotal decisions, and informative legal interpretations. This strategy simultaneously sheds light on the court's functions and empowers citizens with information about their legal options. Through the integration of advanced communication tools, the EACJ extends its influence, bolstering the rule of law and enlightening legal principles in the East African domain.

EACJ partners different bodies for instance by working closely with the UNESCO to reinforce the protection of human rights in the EAC area. Exchanging these assets leads to improved efficiency in upholding justice and rights through the EACJ. Enhancing effectiveness by partnering with organizations committed to upholding human rights, the EACJ has benefited extensively from cooperation alongside OHCHR and other designated UNESCO departments[4]. This cooperation allows the EACJ to adequately tackle instances of human rights abuses, vigorously champion their safeguard, and foster progress towards upholding fundamental human rights tenets and benchmarks throughout Eastern Africa.

Likewise, the Southern African Development Community (SADC) and the Economic Community of West African States (ECOWAS) Courts have adopted partnerships and collaborations with diverse entities including the United Nations in bolstering the assurance of human rights.

The UN Security Council's remit sometimes involves addressing egregious human rights abuses, particularly in areas affected by war. Under the UN Charter, the Security Council holds the authority to investigate, mediate, dispatch a mission, appoint special envoys, or request the Secretary-General to exercise his diplomatic efforts. The partnership ensures there is an efficient mechanism in ensuring adherence to the various human rights requirements.

Other bodies also play a vital promotional role in bolstering the protection of human rights. For instance, through collaboration with AU and UN, SADC held a comprehensive Training of Trainers Course on Human Rights for 56 delegates from member states In this 10-day program, we concentrated on improving compliance and responsibility within the context of global human rights legislation, with the ultimate objective of enhancing the capability of participants to make sure that peace support operations (PSOs) stick to set guidelines[5]. By highlighting the crucial role these topics play in ensuring successful peacekeeping missions, the workshop reinforces the need to incorporate them into current educational frameworks, thereby contributing towards attaining the AU's objective of effective peacekeeping support operations. Moreover, than imparting fundamental skills, this course helped build a collective mindset necessary for drawing upon diverse perspectives and expertise during conflicts, which ultimately contributed to successful peacekeeping operations across the SADC area.

Alternative Dispute Resolution

The EACJ has demonstrated impressive accomplishments in defining the regional landscape of integration and encouraging harmony among member states by implementing novel approaches and ADR (Alternative Dispute Resolution) means to foster better human rights protection. The work of the EACJ significantly contributes to the successful settlement of conflicts via ADR techniques. The legal system has been essential in promoting peaceful conflict resolution techniques. This technique has accelerated the resolution of disputes while fostering harmonious connections between member states. Through the implementation of ADR methods, the EACJ has been capable of alleviating the load on its caseload.

The court's inclusion of mediation and arbitration options allows parties to address disputes in a less confrontational manner, thereby fostering longer-term commercial connections. This development has empowered companies to participate in local commerce with renewed assurance, due to the assured resolution of conflicts[6]. For instance, in Kenya following the contentious 2007 presidential polls, the EACJ stepped in, significantly influencing the mediation of a power-sharing arrangement, thereby fostering political stability and deepening democratic roots in the region. Furthermore, the EACJ's inventive application of ADR has positively influenced travel regulations across the EAC. Through mediation, the court has facilitated the resolution of contentious issues surrounding travel restrictions and immigration, resulting in improved mobility for individuals within the member states and reinforcing a sense of common purpose and belonging among East Africans.

Looked upon as a viable alternative to conventional litigation, regional dispute resolution mechanisms like the SADC Court and ECOWAS Court have gained recognition for their efficiency. In the case of the SADC Tribunal, a protocol has been established that encompasses provisions for mediating and conciliating conflicts through ADR. Following suit with the ECOWAS Court of Justice, ADR strategies are being integrated as a way to accelerate judicial proceedings and heighten the output of conflict management. These moves underscore a strengthening recognition within the African legal community of the benefits of combining ADR with conventional litigation methods.

In 2005, West Africa discovered an auspicious path towards global human rights activism. Amending its structure, the regional bloc granted more authority to its Court of Justice via a Protocol adopted by the Economic Community of West African States; now equipped with stronger powers, it competently investigates allegations of human rights breaches throughout associated countries. Following this development, countless human rights litigations now come before the courts. Amidst this development, mindful consideration centers on the authenticity of this recently granted power and the court's suitability to act as a human rights entity.

Capacity Building and Public Awareness

Through its unconventional operations, the EACJ has had a profound effect on the region, primarily in the spheres of skill growth and public awareness-building. The court's concentration on upholding legal standards is manifest in its programs aimed at augmenting the abilities of judicial personnel and legal experts. This development has allowed for enhanced efficacy in administering justice, with judges and legal experts possessing improved knowledge of regional legal frameworks[7]. Additionally, the EACJ has developed alliances with universities and legal associations, which enables them to share information and investigate regional integration issues together. Stressing capacity creation has greatly heightened the standards of judicial proceedings, as well as contributed to the holistic expansion of legal structures within the EAC.

With regards to public understanding, the EACJ has displayed an inventive methodology through its implementation of diverse communication techniques to enlighten and participate the public regarding its actions and choices. The court has taken advantage of recent innovations in communication, using platforms like social media and web portals to spread information on legal matters, precedents, and decisions. Thanks to the EACJ's dedication, the legal domain has become less opaque, fostering an environment where anyone can engage meaningfully with legal affairs. The heightened recognition among the public has exerted a favorable influence on the reputation of the court, as individuals are now more aware of its responsibility to protect regional harmony and enforce fairness.

Concerning Southern African Development Community (SADC) and the Economic Community of West African States (ECOWAS) Courts, recognition has been given to the significance of capacity development and public consciousness within their respective domains. For instance, the SADC Tribunal has implemented programs to expand knowledge by offering coaching sessions for judges, legal experts, and law enforcement agencies from participating nations[8]. Improving legal knowledge and encouraging a mutual appreciation of local norms has led the SADC Tribunal to advance a more unified and synchronized interpretation and implementation of regional legal instruments. In addition, they have made efforts to promote public understanding through their outreach programs, which involve arranging workshops, symposia, and open discussions. By offering this information, we hope to enable residents to assert their rights more effectively within the regional framework.

As regional integration and legal cooperation continue to advance, the EACJ stands out as a model of the rewards offered by a cutting-edge judicial philosophy. Through its diverse initiatives, the EACJ has showcased the transformative power of a court that not only interprets laws but actively engages with member states, institutions, and individuals to foster harmonious relationships, enhance legal expertise, and heighten public consciousness. The experiences of the SADC and ECOWAS Courts illustrate the shared commitment of regional judicial bodies to improve their capacities, deepen collaboration, and embrace novel communication methods as they strive towards a more just, interconnected, and knowledgeable world[9].

In fostering greater understanding of human rights significance throughout its member nations, ECOWAS launched a comprehensive public education initiative. By implementing effective learning methods through public discussions and focused projects, ECOWAS fosters a profound comprehension among people about their fundamental liberties and entitlements. Building upon the foundation of robust legal frameworks and effective complaint channels, ECOWAS seeks to create a setting wherein human rights flourish under the protection of all members of society.

[1] BOSHOFF Elsabé (2021) « Rethinking the premises underlying the right to development in African human rights jurispruden

[2] EAC.int. (2021). EACJ engages with academia and young lawyers on their role in promoting justice in the region. https://www.eac.int/press-releases/2291-eacj-engages-with-academia-and-young-lawyers-on-their-role-in-promoting-justice-in-the-region

[3] BAR Joanna (2018), « East African Communities and their activity for political stability of the region», Księgarnia Akademicka, Vol. N°56, p. 247-266 https://www.jstor.org/stable/26662003?seq=3

[4] UNESCO.org, ‘UNESCO Cooperates with Human Rights Courts in Africa to Reinforce International Standards on Freedom of Expression and Rule of Law’ (UNESCO.org) https://www.unesco.org/en/articles/unesco-cooperates-human-rights-courts-africa-reinforce-international-standards-freedom-expression

[5] Aeby, M. (2021). Civil Society Participation in Peacemaking and Mediation Support in the APSA: Insights on the AU, ECOWAS and SADC.

[6]Mueller SD, ‘Kenya and the International Criminal Court (ICC): Politics, The ...’ (Journal of Eastern African Studies, 2014) https://www.tandfonline.com/doi/full/10.1080/17531055.2013.874142

[7] Alter, K. J., Helfer, L., & McAllister, J. R. (2013). A new international human rights court for West Africa: The ECOWAS Community Court of Justice. American Journal of International Law, 107(4), 737-779.

[8] SADC.int. (n.d.). SADC convenes national workshops to align member states’ industrialisation strategies to the industrialisation strategy and roadmap 2015-2063. SADC. https://www.sadc.int/latest-news/sadc-convenes-national-workshops-align-member-states-industrialisation-strategies.

[9] Hulse, M. (2016). Regional powers and leadership in regional institutions: Nigeria in ECOWAS and South Africa in SADC.