Barriers to Enforcement of EACJ Human Rights Decisions in Tanzania
This paper examines the barriers to enforcement of human rights decisions issued by the EACJ within the Tanzanian legal and institutional context. Despite Tanzania’s formal commitment to regional integration under the EAC Treaty, the domestic realization of EACJ rulings remains limited and inconsistent. The study adopts a doctrinal and socio-legal methodology, analysing treaty provisions, domestic legislation, jurisprudence, and institutional practices that shape compliance dynamics. Findings reveal that enforcement challenges stem primarily from structural dualism in treaty domestication, where international and regional obligations lack automatic internal effect absent explicit legislative incorporation. Judicial conservatism and the absence of clear procedural mechanisms for registration and execution of EACJ judgments further constrain enforceability. Additionally, executive dominance in foreign affairs and compliance decisions contributes to selective or delayed implementation, reflecting tensions between sovereignty concerns and supranational adjudication. Also, weak awareness among legal practitioners and limited civil society mobilisation as practical impediments to strategic litigation and follow-up enforcement. Comparative insights from other EAC Partner States suggest that robust domestication statutes, judicial dialogue, and compliance monitoring mechanisms significantly enhance adherence to regional court decisions. The paper concludes that Tanzania’s compliance deficit is less a product of legal incapacity than of institutional design and political will. It recommends targeted reforms, including enactment of a Regional Judgments Enforcement Act, enhanced judicial training on EAC law supremacy, and strengthened parliamentary oversight of treaty obligations. These measures are essential to reinforce rule of law, deepen regional integration, and ensure meaningful protection of human rights under the EAC legal order.
