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Murray, Long, Ayeni and Somé/Monitoring implementation of decisions
3.
Within ninety (90) days of receipt of the State’s written response, the
Commission may invite the State concerned to submit further
information on the measures it has taken in response to its decision. If no
response is received from the State, the Commission may send a
reminder to the State Party concerned to submit its information within
ninety (90) days from the date of the reminder.
4.
The Rapporteur for the Communication, or any other member of the
Commission designated for this purpose, shall monitor the measures
taken by the State Party to give effect to the Commission’s
recommendations on each Communication.
5.
The Rapporteur may make such contacts and take such action as may be
appropriate to fulfill his/her assignment including recommendations for
further action by the Commission as may be necessary.
6.
At each Ordinary Session, the Rapporteur shall present the report during
the Public Session on the implementation of the Commission’s
recommendations.
7.
The Commission shall draw the attention of the Sub-Committee of the
Permanent Representatives Committee and the Executive Council on the
Implementation of the Decisions of the African Union, to any situations
of non-compliance with the Commission’s decisions.
8.
The Commission shall include information on any follow-up activities in
its Activity Report.
In setting out when the African Commission is able to submit a case to
the African Court, Rules 118(1) and (2) provide that this can be done
where the African Commission ‘considers that the State has not
complied or is unwilling to comply with its recommendations in respect
of the communication within the period stated in Rule 112(2)’ and
where it ‘considers that the State has not complied with the Provisional
Measures requested’. Rule 125 enables the African Commission to
request the AU Assembly, when it submits its activity report, ‘to take
necessary measures to implement its decisions’ and for the African
Commission to ‘bring all its recommendations to the attention of the
Sub-Committee on the Implementation of the Decisions of the African
Union of the Permanent Representatives Committee’.
Article 29(2) of the African Court Protocol states that the Executive
Council of the AU ‘shall also be notified of the judgment and shall
monitor its execution on behalf of the Assembly’. Under article 30 of the
Protocol, States parties are required to ‘comply with the judgment in
any case to which they are parties within the time stipulated by the
Court and to guarantee its execution’ and in compliance with article 31
the Court shall submit a report to each regular session of the AU
Assembly which should include ‘the cases in which a State has not
complied with the Court’s judgment’.
Rule 51 of the Rules of Court notes that the article 31 report shall
also include reference to the interim measures ordered by the Court and
‘[i]n the event of non-compliance with these measures by the State
concerned, the Court shall make all such recommendations as it deems
appropriate’ and it can also ‘invite the parties to provide it with
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