23. The Appellant submitted therefore that when a State ratifies any
of the international Human rights treaties, it assumes a legal
obligation to implement the rights recognized in that Treaty; in
the sense that, through ratification, the Partner States undertake to
put in place domestic measures and legislation compatible with
their Treaty obligations.
Issue No.3. Whether the First Instance Division erred in law
when it held that the 1st Respondent had no duty under the EAC
Treaty to supervise the 2nd, 3rd and 5th Respondents to comply
with their obligations under the Charter, the Protocol, and
under the Vienna Convention.
24. The Appellant submitted that indeed, the First Instance Division
erred in law when it held that the 1st had no duty under Articles 29
of the Treaty, 67 and 71 of the Treaty to ensure that the 2nd, 3rd, and
5th Respondents comply with the provisions of Articles 5, 6, 7(2),
126, 130, and 131 of the Treaty, and Articles 5(3) and 34(6) of the
Protocol; and that, therefore, Reference No. 2 of 2012 disclosed no
cause of action against the 1st Respondent.
25.
Furthermore, the Appellant submitted that the 1st Respondent
being the Chief Executive Officer of the East African Community
(“the Community”), is mandated to play a supervisory role over
the Partner States to ensure that the Partner States comply with
the provisions of the Treaty. He contended that it is a duty under
Articles 29 and 71 of the Treaty to carry out investigations, collect
information, and verify matters that are brought to his attention,
and, ensure that the Partner States comply with the Provisions of
the Treaty.
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