The Implementation of the Findings of the African Commission on Human and Peoples' Rights

Murray, Rachel; Long, Debra; Evans, Malcolm D.

doi:10.1017/cbo9781107294943

Cited by 21 publications

(7 citation statements)

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“…380 As Rule 118 does not outline explicitly the relation between the two institutions, the Commission, needs to submit cases strategically, in order to not be criticized for the abuse of the Court as an enforcement mechanism. 381 A development similar to the European Union will most likely take place in the future -the European human rights mechanism developed itself from a twotiered system which consisted of a Commission and a Court. This system developed into a single Court, the European Court of Human Rights, which is now based in Strasbourg, France.…”

Section: D) Relation Of the Court To The African Commission On Human ...mentioning

confidence: 99%

Regional Integration, Human Rights and Democratic Participation in Africa

Deichmann¹

2020

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After World War II as well as the Cold War, the political landscape of Africa changed fundamentally. In a long process, which lasted up to the mid 1990s, the remaining territories under colonial domination achieved independence. In order to promote peace, independence and development, African States started a close cooperation lasting until today. The cooperation effectively started out at regional level but was soon accompanied by developments at subregional level. Diverse structures emerged for this purpose and developed over time. Thus all regional and subregional structures started developing their own institutions and processes in order to ensure the implementation of the respective objectives.The process of regional and subregional integration was linked to the post-war international order and the United Nations system more specifically. Thus the regional and subregional integration process within Africa served different objectives, such as the maintenance of peace and security, development and economic integration. However, with the end of colonization human rights and democratic participation played an increasing role in this process. This study will explore, how these two aspects emerged in terms of rules and institutions. It will also assess the working of related institutions in practice in order to assess the effectiveness of human rights protection and democratic participation in African regional and subregional integration. The protection of human rights and a functioning democracy -also at regional and sub-regional level -are closely interlinked.

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Section: D) Relation Of the Court To The African Commission On Human ...mentioning

confidence: 99%

Regional Integration, Human Rights and Democratic Participation in Africa

Deichmann¹

2020

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“…Partial compliance was recorded in 32 percent while non-compliance was found in 13 cases representing 30 percent of the finalized cases (Viljoen & Louw, 2007). States have generally argued that decisions of the Commission are no more than "mere recommendations" which they may or may not implement (Murray & Long, 2015). Contrary to states' proposition above, it may be argued that the legal status of the findings of the African Commission changes once the Activity Reports embodying the decisions have been approved by the AU Assembly or very recently the Executive Council (Viljoen & Louw, 2004).…”

Section: ) States' Obligation To Comply With Decisions Of the Africamentioning

confidence: 99%

“…The binary categorization of the decisions of the African Commission as either binding or non-binding has been called to question in recent studies. Murray and Long referred to it as "a blunt tool" (Murray & Long, 2015). This argument is based on the "interpretive authority" of the Commission, otherwise referred to as res interpretata, which has been developed significantly in the European human rights system (Bodnar, 2014).…”

Section: ) States' Obligation To Comply With Decisions Of the Africamentioning

confidence: 99%

The African Human Rights Architecture: Reflections on the Instruments and Mechanisms within the African Human Rights System

Ayeni¹

2019

BLR

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This article examines and summarizes the normative and institutional mechanisms within the African human rights system. The article identifies some of the challenges facing the young human rights system in Africa such as lack of proper coordination, avoidable overlaps and duplication of functions, as well as limited capacity of, and limited access to, the various human rights protecting institutions. Against the backdrop of proliferation of human rights treaties and bodies on the African continent under the guise of creating binding instruments and judicial human rights bodies, the article argues that international human rights law has grown beyond the "hard law" versus "soft law" debate where only legally binding treaties and judgments of judicial tribunals alone create legal obligations for states; and that the solution to the protection of human rights in Africa has little to do with the number or nomenclature of the protection mechanisms but rather their effectiveness. This article is significant in view of the proliferation of human rights instruments and protection mechanisms in Africa and the challenge posed to the effectiveness of the mechanisms as a result of poor coordination and overlap of functions.

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“…The Commission from the outset faced serious resistance and found little room to manoeuvre. Although the Commission has alternated between a deferential posture, seen in its focus on ‘positive dialogue’, and more assertive stances on key issues including the use of secret military trials, and rights to free speech and fair trial (Bekker, 2013), the one thread running through its thirty years of existence is that states have generally refused to implement its recommendations (Murray and Long, 2015).…”

Section: The Context Of Resistance Against the African Courtmentioning

confidence: 99%

The African Court on Human and Peoples' Rights: mapping resistance against a young court

Daly¹,

Wiebusch

2018

International Journal of Law in Context

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At first glance, it appears that the African Court on Human and Peoples’ Rights – the first pan-continental court of the African Union (AU) for human rights protection – epitomises the advances made by international courts in Africa in the past decade. Since its first judgment in 2009, the Court has taken a robust approach to its mandate and its docket is growing apace. However, a closer look at the overall context in which the Court operates reveals that it is susceptible to many of the patterns of resistance that have hampered other international courts in the region, which cut across the development of its authority and impact. This paper analyses the forms and patterns of resistance against the African Court and the actors involved, emphasising the additional difficulties entailed in mapping resistance to a young court compared to long-established courts, such as the European and Inter-American human rights courts.

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The Implementation of the Findings of the African Commission on Human and Peoples' Rights

Cited by 21 publications

References 0 publications

Regional Integration, Human Rights and Democratic Participation in Africa

Regional Integration, Human Rights and Democratic Participation in Africa

The African Human Rights Architecture: Reflections on the Instruments and Mechanisms within the African Human Rights System

The African Court on Human and Peoples' Rights: mapping resistance against a young court

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