A contextual approach to strengthening state capacity to implement the decisions of the African Commission on Human and Peoples’ Rights

Abstract

The African Commission on Human and Peoples’ Rights plays a pivotal role in promoting and protecting human and peoples’ rights across the continent. Despite widespread ratification of the African Charter on Human and Peoples’ Rights and related treaties, state parties continue to face significant challenges in implementing the African Commission’s recommendations, largely due to governance and democracy deficits. These challenges are exacerbated by resource constraints, limited state capacity, poor inter-agency coordination and a lack of effective monitoring mechanisms. To address these issues, this article argues for a contextual approach to strengthening state capacity for implementing the African Commission’s decisions. Proposed strategies include fostering constructive engagement with states, building political will, and empowering national human rights institutions and civil society organisations to provide targeted support. Adopting an exploratory approach to the discourse, the article finds that only by deploying a tailored and context-specific approach can the African Commission work collaboratively with states to improve compliance with the African Charter, so as to foster a stronger human rights culture in Africa and enhance the legitimacy of the African Union’s human rights framework.