(2017) 1 African Human Rights Yearbook 163 The inter-relationship between the African Court and African Commission is also dependant on clarifying what their respective roles should be. The African Court has a specific role under Rule 118(1) and (2) of the African Commission’s Rules of Procedure arguably to ‘enforce’ decisions of the African Commission where the State has failed to implement. Given the lack of clarity on the African Commission’s role with respect to monitoring its own decisions, the execution of Rule 118 and which cases it should refer to the African Court is problematic. This is not least because in order to refer cases of non-implementation to the African Court, the African Commission has to have sufficient information on implementation of its own decisions and should have used this to make an assessment on whether the recommendations have been fulfilled. Even if it can select which of the cases the State has failed to implement it would like to refer to the Court, the African Commission’s reluctance has been compounded by the perception that the African Court can examine the case de novo. Further, one has to ask what precisely the role of the African Court is with respect to Rule 118 referrals. Is it to ‘enforce’ the African Commission’s decision by in effect giving it binding status? If so, does this potentially, and paradoxically, weaken the African Commission’s own view that its decisions are binding,51 and thereby undermine its own legitimacy? Could it, arguably, imply that States are not obliged to react to the African Commission’s decision until there is a confirmation continuing concerns on the continent and to comply with the decisions and recommendations of the ACHPR’; see also AU Executive Council, Decision on the Twenty-Second Activity Report of the African Commission, 25 – 29 June 2007 para xi: ‘[U]rge[d] Member States to commit unconditionally to, and comply with judgements rendered by the Court’; AU Executive Council, Decision on the 2014 Activity Report of The African Court On Human And Peoples’ Rights, 23 – 27 January 2015 para 3: ‘Welcomes the response of Libya to the Court’s Order of Provisional Measures in relation to a matter filed against the State Party before the Court, but NOTES that the response does not indicate the measures Libya has taken to implement the said Order, with regard to allowing “...the accused access to a lawyer of his choosing, family visits and to refrain from taking any action that may affect the Detainee’s physical and mental integrity as well as his health...”’; AU Executive Council, Decision on the Mid-Term Activity Report of the African Court On Human And Peoples’ Rights para 3; AU Executive Council, Decision On The Mid-Term Activity Report of the African Court, para 3: ‘Welcomes the response of Libya to the Court’s Order of Provisional Measures in relation to a matter filed against the State Party before the Court, but NOTES that the response does not indicate the measures Libya has taken to implement the said Order, with regard to allowing “the accused access to a lawyer of his choosing, family visits and to refrain from taking any action that may affect the Detainee’s physical and mental integrity as well as his health”’. 51 Jawara v Gambia, Communications 147/95-149/96, (2000) AHRLR 107 (ACHPR 2000); Legal Resources Foundation v Zambia, Communication 211/98, (2001) AHRLR 84 (ACHPR 2001) paras 61-62; ‘Account of Internal Legislation of Nigeria and the Dispositions of the Charter of African Human and Peoples’ Rights’ 6; International Pen, Constitutional Rights Project, Civil Liberties Organisations and Interights (on behalf of Ken Saro-Wira) v Nigeria, Communications 137/94, 139/94, 154/96, 161/97, (2000) AHRLR 212 (ACHPR 1998) paras 113 and 116. See also R Murray The African Commission on Human and Peoples’ Rights and international law (2000) 54-55; F Viljoen International human rights law in Africa (2007) 339; Constitutional Rights Project (in respect of Zamani Lakwot and six others) v Nigeria, Communication 87/93, (2000) AHRLR 183 (ACHPR 1995); African Commission, Resolution 97 on the Importance of the Implementation of the Recommendations of the African Commission on Human and Peoples’ Rights by States Parties, adopted November 2006.