Regional Realignments: Harmonizing Human Rights Frameworks in East and Southern Africa

This paper argues that creation of a coherent and efficient system of protection of human rights across the African continent is undermined by enormous structural and normative differences between the sub-regional schemes a case on the East African Community (EAC) and the Southern African Development Community (SADC). Through a critical comparative legal examination, the study examines the constitutive treaties, organizational frameworks, and enforcement bodies of the two regions. It describes significant variation in the binding nature of human rights instruments, regional court jurisdiction, and the political participation evident in member states. While each community formulates human rights principles, their application and enforcement in practice are unequal due to diverging legal standards and a lack of institutional strength. The article stresses the consequences of this fragmentation, such as restricted access to justice, absence of coherent jurisprudence, and undermining of legitimacy and authority of regional human rights institutions. For these purposes, the article proposes certain policy measures, such as harmonization of legal systems, strengthening judicial independence and expertise, and promotion of political accountability of member states. It contends that harmonizing the human rights systems of the EAC and SADC would not only increase legal certainty and improve coherence in application but also propel regional integration and cooperation. Ultimately, this study adds to ongoing scholarly and policy debate on strengthening human rights protection on the African continent by presenting practicable steps for overcoming sub-regional divisions and consolidating an integrated, effective continental system of human rights.