Abstract:
The inauguration of the African Court on Human and Peoples’ Rights in
2006 heralded a new phase in trans-national judicial implementation of
human rights in Africa, but it also brought new legal challenges with it. An
important aspect of the Court’s procedure that is likely to pose a primary
challenge for stakeholders is the question of admissibility before the Court
which appears to have been complicated by the uncertain relation between
theCourt and the AfricanCommission. This article argues that there are gaps
in the rules for the determination of admissibility before the Court. More
crucially, the emerging admissibility regime undermines the relevance of the
admissibility procedure of the African Commission. To ensure consistency
between the two organs, more weight should be given to the uncontested
admissibility decisions of the African Commission.
