Inter-state complaints under the African human rights system : a breeze of change?

Abstract

An inter-state procedure is provided for explicitly in the 1981 African Charter on Human and Peoples’ Rights, on which the African regional human rights system is based, but the mechanism remains underused. Exploring the question why such a small number of inter-state cases have been submitted under the Africa system, the article points to the influence of a general culture of non-intervention and a preference for non-confrontational dispute mechanisms among African States; the existence of alternative channels to resolve cases involving massive or widespread violations cases; African States have over the years placed growing confidence in the ICJ; the delays associated with the DRC decision; and a pervasive ignorance of inter-state complaints processes under the African system. To overcome some of these impediments, the article notes, inter-states cases may be masked as cases brought by individuals or NGO s whose interests overlap with those of States.