(2017) 1 African Human Rights Yearbook
157
information on any issue relating to implementation of the interim
measures adopted by it’.17 Rule 54(5) of Rules of Court enables the
Court to ‘invite the parties to provide it with information on any issue
relating to implementation of the interim measures adopted by it’.
4
MECHANISMS
The challenge with monitoring implementation of the judgments of the
African Court and decisions of the African Commission does not appear
to be due to the lack of available mechanisms to do so. In addition to
any specific procedure or mechanism to deal with monitoring, these
bodies have also used the more generic procedures established under
their mandates to monitor implementation of their judgments and
decisions. So, the African Commission has asked questions of States
during the examination of their article 62 reports about what measures
have been taken to implement decisions;18 it has amended the
structure of its activity reports to refer to the implementation status of
decisions;19 it has included follow-up on decisions in its fact-finding
missions by special procedures,20 and its promotional missions;21 and
it has made reference to the status of implementation of decisions in
country-specific resolutions.22
The African Court has enabled States to use the application for
interpretation of a judgment procedure as set out in Rule 66 of the
Rules of Court to request clarity on what is expected from them in the
implementation of judgments and orders ruled by the Court. The
African Court can and does offer technical assistance to States on how
to implement its decision. At least two States have requested the Court
to clarify aspects of its orders in order for them to be able to implement
17
Rule 51(4) of the Rules of the African Court
Eg the Concluding Observations on Mauritania’s report, 16 February 2012.
19
Eg African Commission, 35th Activity Report of the African Commission, adopted
October 2013, reference to Egyptian Initiative for Personal Rights and INTERIGHTS v
Egypt, Communication 323/2006, to ‘follow-up on implementation’ 7, see also para 27:
‘With regards to Communication 419/2012 - The Indigenous Peoples of the Lower Omo
(Represented by Survival International Charitable Trust) v Ethiopia, the Commission
issued an Order against the State, requesting the latter to adopt Provisional Measures to
prevent irreparable harm being caused to the victim of alleged human rights violations;
the State has not respected that Order’.
20
Eg OSJI (n 3 above) 107; Report of the Special Rapporteur on Refugees, Asylum
Seekers, Displaced Persons and Migrants in Africa, presented at the 52nd Ordinary
Session of the African Commission, 9-22 October 2012 para 44.
21
Eg a decision on a number of related communications against Mauritania was
discussed in a promotional visit by the CPTA Chairperson in 2012, Report of the
Promotional Mission to the Islamic Republic of Mauritania, 26 March – 1 April 2012 9.
Similarly, in a mission to Botswana in 2005, the visiting delegation requested
information on the steps taken to implement recommendations on the decision on
Modise v Botswana communication, Report of the Promotional Mission to the Republic
of Botswana, 14-18 February 2005 13.
22 See African Commission, Resolution 91 on the human rights situation on Eritrea,
adopted December 2005.
18
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