Implementation of the Decisions and Judgments of African Regional Human Rights Tribunals: Reflections on the Barriers to State Compliance and the Lessons Learnt

Abstract

There are three main regional human rights tribunals (HRTs) in Africa, namely the African Commission, the African Court and the African Committee of Experts on the Rights and Welfare of the Child. In addition to these, there are political bodies within the African Union responsible for implementing human rights mandates as well as several sub-regional courts established for the primary purpose of adjudicating trade disputes and facilitating political integration which have issued notable human rights decisions and judgments. Accordingly, Africa is not lacking in human rights jurisprudence. What is lacking, however, is genuine commitment on the part of state actors to implement the decisions and judgments of the various human rights bodies. This article examines the factors responsible for slowing down the pace and rate of state compliance in Africa. It argues, among other things, that compliance with HRTs' decisions in Africa has been limited due to poor supervision mechanisms, weak domestic infrastructures, weak state institutions caused by 'strong men syndrome' and poor observance of the rule of law, poor institutional designs of regional and sub-regional HRTs, lack of awareness and erroneous perceptions about international human rights system, ineffective follow-up as well as a poor system of governance in many states in Africa among other factors. The article notes that attitudinal barriers and erroneous perceptions about international human rights system are central to the various barriers and thus adequate attention should be given to changing negative attitudes and perceptions among states actors and members of the public in the various African states.

DHR‐PA—Democracy and human rights in public administration in Africa

“…In the legal approach, institutions like the Ombudsman should guarantee this to realize the judicialization of public administration processes, administrative justice, and respect for civil rights. For decades, the pursuit of DHR‐PA has witnessed the establishment of Ombudsman institutions across Africa to address historical injustices, promote the Bill of Rights, and redress administrative ills (Ayeni, 2018; Reif, 2004). The Ombudsman establishes the adversarial organizational structure in public administration for oversight.…”

“…“Alternative dispute resolution and mediation have been the mode of operation in the Commission since its inception; it has allowed the Commission to resolve cases without expenses incurred by anyone” (PCC website). Recently, especially since the 2000s, public administration‐oriented or executive Ombudsman models have mushroomed across Africa (Ayeni, 2018). Still, the legal values of public administration need to be studied more in mainstream public administration and conceptualized besides being functionally problematic in African public service, as this study's findings will show shortly.…”