Assessing the mechanisms and framework of implementation of decisions of the African Court on Human and Peoples’ Rights fifteen years later

Abstract

Fifteen years after inception offers the best time to assess the mechanisms and framework of implementing decisions of the African Court. Yet, within this time, of the ten member states that have made a declaration under article 34(6) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of the African Court (The African Court Protocol), four have withdrawn their declaration amidst a general decline of states’ trust in the Court. This has adverse implications on the implementation of the Court’s decisions and the creation of a general culture of human rights on the continent. This is particularly so in light of the fact that the origin of majority of applications before the Court originate from individuals enabled under this declaration. The involvement of the AU policy organs (the Assembly and the Executive Council) and member states has the potential to further compound the challenges facing the question of implementation of the Court’s decisions. This chapter offers a critique of the effectiveness or otherwise of the implementation process of the African Court decisions as well as the challenges impeding effective implementation.