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Murray, Long, Ayeni and Somé/Monitoring implementation of decisions
equate with, proposals made by the African Court itself in consideration
of articles 29 and 30 of the Protocol.11
‘Information-gathering’ is understood to mean receiving or seeking
evidence from the parties to the case as well as other actors on what
measures States have undertaken to implement the decision or
judgment. This may take the form of direct questions to the State
delegation during consideration of State reports, holding
implementation hearings, correspondence to parties and visits to
relevant stakeholders at the domestic level.
‘Reporting’ encompasses informing others, including organs of the
AU and other national and international actors, of the measures taken
by the State.
‘Dialogue with the parties’ entails that the monitoring body works
with the two parties to the communication either through offering
‘good offices’ or facilitating meetings to discuss the implementation of
the measures.
‘Interpretation and technical assistance’ is provided when the
monitoring body provides further clarification on what the specifics of
its recommendations and orders mean.
‘Assessment’ is the evaluation of the extent to which the State has
implemented the recommendations or orders.
‘Coordination’ has been used to note that the bodies can also play a
role in coordinating efforts to monitor implementation with other
bodies at the national or regional level.
Examples of ‘enforcement’ tools are: the ‘naming and shaming’
through the publication of lists of States that have failed to implement
decisions; Rules 118(1) and (2) of the African Commission’s Rules of
Procedure which enable it to refer cases to the African Court when the
state has failed to comply;12 or ultimately the ability of the AU organs
to impose sanctions on states.13 Here, consequences may flow from the
failure to implement. These various forms of monitoring are not always
distinct, neither are they mutually exclusive in that they can be
undertaken together and at the same time. In addition, for example,
undertaking ‘interpretation and technical assistance’ does not
11
See below; and GW Kakai ‘Compliance with supranational human rights judgements
and decisions in Sub-Saharan Africa: successes, challenges and opportunities. African
Court on Human and Peoples’ Rights Experience’, Presentation, Raoul Wallenberg
Institute, Closing The Implementation Gap – Strengthening Compliance with Regional
Human Rights Decisions Regional Symposium, 27–28 September 2016, Hotel
Intercontinental, Nairobi, Kenya, on file with authors.
12
African Commission on Human and Peoples’ Rights v Great Socialist Peoples’ Arab
Jamahiriya, Application 2/2013 para 27.
13
Article 23(2) of the AU Constitutive Act. See African Court Coalition Booklet on the
implementation of decisions of the African Court on Human and Peoples’ Rights (2017)
para 2.3.1. See also Rule 33(2) of the Assembly Rules of Procedure (Rules of the
Assembly). However, see Rule 36 of the Rules of the Assembly, and counter-argument
by GM Wachira & A Ayinla ‘Twenty years of elusive enforcement of the
recommendations of the African Commission on Human and Peoples’ Rights: a possible
remedy’ (2006) 6 African Human Rights Law Journal 465 484.
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