An 'implementation crisis' has been identified in the enforcement of rulings of UN and regional human rights bodies and fundamental but crucial questions remain unanswered: what exactly does it mean to implement and comply with international and regional human rights decisions; and what factors influence whether a state implements and complies or not? Much more is now known about the work of the African Commission on Human and Peoples' Rights, but a gap still exists in the literature on the implementation of the findings of the Commission. This book draws upon the data and evaluation from a four-year research project, analysing the range of pronouncements of the African Commission, including its decisions on individual communications, provisional measures, resolutions, and promotional and protective mission reports. It investigates the extent to which States implement these findings and examines how that implementation is monitored by others.
AbstractAssessing the extent to which states have implemented the decisions of supranational human rights bodies is a challenging task. It requires supranational bodies—be they judicial, quasi-judicial or political—to create an evidence-based public record of the status quo of implementation at any point in time and determine whether the measures taken do, in fact, satisfy the requirements of the decision. This, in turn, relies upon states engaging in good faith, victims having a voice, and civil society organizations seizing the opportunity to influence the follow-up process. Using empirical data from interviews in selected states in the African, Inter-American and European regions, and within regional and United Nations bodies, this article argues that in no human rights ‘system’ are all these expectations met, in part because follow-up work is inadequately resourced. It argues that supranational bodies should proactively seek out diverse sources of information and adopt more transparent and responsive working methods so as to enable ‘real time’ participation by all interested parties. The article concludes with recommendations for supranational bodies, and state and non-state actors.
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