(2017) 1 African Human Rights Yearbook
165
in its activity reports on the measures taken by the States to implement
its judgments. The African Commission, in contrast, has been more
hesitant in taking an active role in disseminating, beyond the parties to
the case, information on the decision or judgment and the level of its
implementation. Relatedly, decisions are now not attached to the
African Commission’s activity reports, as they had been in the past. The
African Commission may also delay the process of finalising the final
text of the decision, thus introducing further uncertainty and lack of
clarity about when the State and parties have been ‘informed’ of the
Commission’s decision.
There is clear acknowledgment by those within and outside the
African Court and African Commission that monitoring
implementation is not working as well as it could be. For the African
Court the information provided in its reports suggests that it is
undertaking some forms of the monitoring, although the results of the
extent to which the judgments are being implemented are
unsatisfactory. The Court noted in its 2017 mid-term report listed
among its challenges the non-implementation of its decisions,
including refusals to implement, failure to inform the Court of what
measures have been taken, and the slow-pace’ or ‘reluctance’ to
comply.55 Similarly, the African Commission has recently ‘lamented
the low compliance rate’ of States with its decisions.56 Yet, there is also
an impasse, certainly at the level of the African Commission, in terms
of what steps should now be taken to put in place a coherent and
effective system. While it is admirable that time is being taken to
consider these issues, this is also frustrating. Even if a cohesive
approach can be found, it will not be quick. In the meantime, victims
are still awaiting justice on the remedies already recommended and
ordered. We therefore consider that there are various practical and
immediate steps that can be taken to enhance the monitoring process.
Leaving aside proper consideration of what roles these bodies
should undertake, our research concludes, in the first place, that at the
very least the African Commission and the African Court should gather
information about implementation. Both the Commission and Court
have the competence to do so within their existing Rules of Procedure.
A reactive role requires no immediate additional resources and indeed,
the bodies appear already to be carrying this out, albeit not consistently
or comprehensively. However, a proactive information-gathering role
requires a little more thought and necessitates actively seeking out
information, on a regular basis, from the parties but also other actors at
the national, regional and international levels.
Second, an internal case management system which includes
information on the measures taken by the State to implement the
decision or judgment could assist the African Commission and African
Court in keeping track on the sources of evidence, the timeframe in
which any measures may have been taken, and enable this data to be
cross-referenced with other records that they may hold on that State.
55
56
See African Court, Mid-Term Activity Report, 1 January - 30 June 2017, paras 45-46.
African Commission, 42nd Activity Report, February 2017 - May 2017 para 35(a).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents