The Africa Governance Report guided by the 2008 Protocol on Relations between the RECs and the AU, and the Memorandum of Understanding (MoU) on Cooperation in the Area of Peace and Security between the AU, RECs and the Coordinating Mechanisms of the Regional Standby Brigades of Eastern and northern Africa. 7.4 The Relationship between RECs and Governance RECs bring together Member States of the African Union. They have comparative advantages, especially better understanding of the socio-cultural and political nuances in their respective regions. Hence, the AU’s recognition of the significant roles of RECs and Regional Mechanisms in bolstering efforts at continental integration, and in maintaining peace and security on the continent. A number of RECs have enacted instruments that complement the instruments of the AU and are important in the promotion of constitutionalism and the rule of law on the continent. These instruments include protocols to the REC treaties, guidelines, plans of action and model laws. They deal with democracy, good governance, the conduct of elections, and the promotion and protection of human rights. Consequently, some of these instruments authorise RECs to intervene in Member States where there are “serious and massive” violations of human rights and the rule of law. RECs have also incorporated the promotion and protection of human rights into their constitutive treaties, recognising that human rights play an essential role in economic development. These regional instruments also have mechanisms, such as courts, that are making a significant contribution to the protection of human rights in the continent.61 These courts are using the African Charter on Human and Peoples’ Rights as their normative framework. In some cases, these courts have established sub-registries in the Member States, bringing the courts closer to their potential users, and thus enhancing access to justice. Some courts also hold sessions in different countries of the REC to facilitate access for citizens.62 These courts do not require the exhaustion of local remedies, which also enhances access to justice. Thus, citizens of Member States can approach the courts even where national courts have issued unfavourable decisions. Various RECs have also sought to promote transitional justice by extending the jurisdiction of these courts to cover international crimes.63 A major drawback for these courts is that Member States have not shown great commitment to enforcing their decisions. Further, only a few states allow domestic courts to enforce the decisions of international or regional courts. Overlapping memberships also means that there are instances where the jurisdictions of the regional courts conflict. Another challenge is that these regional courts face resources constraints that result in staff shortages, which hinders their efforts to provide accessible justice to users. These courts mostly depend on foreign 61 Ruppel OC, 2009. “Regional Economic Communities and Human Rights in East and Southern Africa”, in Human Rights in Africa: Legal Perspectives in their Protection and Promotion 275 (Bosl A and Diescho J, eds., 2009); Abebe D, 2016. “Does International Human Rights Law in African Courts Make a Difference?”, Virginia Journal of International Law 527 (2016). 62 Ebobrah ST, 2013. “Human Rights Developments in African Sub-Regional Economic Communities During 2012”, 13 African Human Rights Law Journal 178 (2013); Nwauche ES, 2009. “Regional Economic Communities and Human Rights in West Africa and the African Arabic Countries”, in Human Rights in Africa: Legal Perspectives in their Protection and Promotion 319 (Bosl A and Diescho J, eds, 2009). 63 Ibid. Page 82 of 96