(2017) 1 African Human Rights Yearbook
153
Committee (PRC), the AU Commission (AUC), and the Pan-African
Parliament (PAP), will be touched upon but not be dealt with fully here.
2
WHAT ROLE SHOULD THESE BODIES
PLAY?
It is first worth reiterating that it is clear from our research that the
African Commission and African Court should themselves play some
role in monitoring implementation of their own decisions and
judgments. Firstly, it gives them a sense of ownership, as interviewees
told us: the African Court ‘still need(s) to know if the decision has been
implemented or not in case [it needs] to issue other orders, or draw
parties to other cases’;7 further: ‘it is good to see that your decisions are
implemented and monitored’.8 In addition, the bodies are then able to
assess their own impact and consequently amend their practices
accordingly. The ability to indicate examples of where states have
implemented also contributes to enhancing the legitimacy and
credibility of the body itself. This will then ‘build confidence in the
institution’,9 so that
the Court should work towards the ideal position, where compliance with its
decisions impacts on the Respondent State’s legitimacy among its peers, in other
words, non-compliance with the Court’s decisions will have adverse consequences
to States which they cannot afford to ignore. The Court should continue
undertaking its work with independence and integrity without fear of repercussions
from Member States. It should avoid self-censoring, which could arise from a fear
of non-compliance with its decisions or a fear of active backlash against it.10
From our research we would suggest grouping monitoring and
implementation into two categories: (i) monitoring and
implementation that can be viewed as reactive (for example, receiving
information on the extent to which the State has implemented any
recommendations or orders); and (ii) monitoring and implementation
that is proactive (for example, going out and seeking information
where it is lacking; cross-checking that evidence and validating what
has been said; and then also making assessments on whether this is
sufficient or not, based on some clear criteria of what is satisfactory
implementation).
Our research has found that the African Commission and African
Court play, or are considered to play, a variety of different roles when it
comes to ‘monitoring’ implementation. These roles include:
information-gathering; reporting; dialogue with the parties;
interpretation and technical assistance; assessment; coordination; and
enforcement. Our terminology recognises, but does not necessarily
7
Interview D6, held May 2017. See also Interview D1, May 2017; Interview D3, April
2017.
8
Interview D8, held May 2017.
9
Interview D5, held May 2017.
10
Communique/Outcome of the International Symposium on the 10th Anniversary of
the African Court on Human and Peoples’ Rights, A Decade of Human Rights Protection
in Africa, 21-22 November 2016, Arusha, United Republic of Tanzania 5.
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