Twenty years of elusive enforcement of the recommendations of the African Commission on Human and Peoples' Rights : a possible remedy

Abstract

It has been two decades since the African Commission was inaugurated and still its effective execution of its mandate is debatable. While it has undoubtedly made some progress, particularly in its protective mandate of considering communications from individuals, the recommendations it has hitherto issued have largely been ignored by state parties. This paper, written from an insider's perspective - the authors having worked with the African Commission - argues for a review of the system in practice in a bid to ensure the enforcement of the Commission's recommendations. It calls on the Assembly of Heads of State and Government of the African Union to adopt the recommendations of the African Commission as its binding decisions,whose breach attracts sanctions. The paper finally examines the possible role of the newly established African Court on Human and Peoples' Rights in the enforcement of the decisions of the African Commission.