An analysis of state compliance with the recommendations of the African commission on human and peoples’ rights

Abstract

The African Commission on Human and Peoples’ Rights (African Commission), the monitoring mechanism of the African Charter on Human and Peoples’ Rights (African Charter), takes decisions on individual communications submitted to it under the African Charter. When the African Commission finds that states have violated the African Charter, its decisions often contain recommendations to these states. The effectiveness of these recommendations depends on their implementation by the states concerned. The African Commission has not put in place a follow-up mechanism or system to ascertain adherence or to ensure that states implement these recommendations. In the absence of research about state compliance with these recommendations, interviews were conducted to provide a first coordinated attempt at ascertaining the status of compliance with these findings. The study finds that there has been full state compliance in 14%, partial compliance in 20% and non-compliance in 66% of cases. This trend is similar in respect of the implementation by African states of the views of the UN Human Rights Committee, established under the International Covenant on Civil and Political Rights. A number of diverse factors influence state compliance. Some factors, such as the weaknesses of the Organisation of African Unity (OAU) occasioning a lack of publicity and political pressure, and problems surrounding the institutional legitimacy of the African Commission, explain the general low rate of compliance. Other factors, such as the role of NGOs, the nature and extent of the violation and the form of government in the relevant state, explain (non)-compliance in particular cases. Drawing on the experience of the United Nations, European and Inter-American human rights systems in addressing similar difficulties to ensure state compliance, the study concludes with extensive and pertinent recommendations to the African Commission and various organs of the African Union for a comprehensive and effective policy on and mechanism for the follow-up of its recommendations.