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Murray, Long, Ayeni and Somé/Monitoring implementation of decisions
implementation34 and held a panel on implementation as part of its
plenary sessions.35
For example, at the 53rd ordinary session of the African
Commission in April 2013, the Commission held an implementation
hearing in respect of the Endorois case. During the hearing, the parties
updated the Commission on the implementation of its decision in the
Endorois case.36 Thereafter, the Commission sent a note verbale dated
29 April 2013 to the government of Kenya reminding the government
of its pledge during the oral hearing to submit an interim report within
90 days of the hearing and a comprehensive report at the next session
(54th ordinary session) of the Commission.37 The oral hearing on
implementation was followed by a workshop held on 23 September
2013 on the status of implementation of the Endorois decision,
organised by the African Commission’s Working Group on Indigenous
Populations/Communities in collaboration with the Endorois Welfare
Council.38 Due to the failure of the government of Kenya to participate
in the implementation workshop and provide feedback as promised
during the oral hearing, the Commission adopted Resolution 257 on
5 November 2013 urging the government of Kenya to comply with its
obligations under the African Charter by implementing the Endorois
decision.
With respect to reporting as a tool for monitoring implementation,
the African Commission’s annual report, which includes the annexes of
the decisions on communications, has for a number of years included a
section outlining ‘the situation of the compliance with its
recommendations by the State Parties’.39 This is consolidated by
requests from the Executive Council that ‘Parties to Communications to
provide the [African Commission] with information regarding
implementation of decisions and recommendations of the [African
Commission]’.40 The African Court publishes in its activity report a list
of States and increasingly detailed information on implementation.41
The information lists the particular reparation ordered by the Court
34 Eg in relation to the Endorois case, African Commission, Resolution 257 Calling on
the Republic of Kenya to implement the Endorois decision, adopted November 2013.
35 As a panel at its session in November 2015. See also Meeting between African
Commission, African Court, African Committee on Rights and Welfare of the Child and
AU, September 2012, Addis Ababa.
36
See African Commission, Thirty-Fourth Annual Activity Report, November 2012 –
April 2013 5; Minority Rights Group International ‘The Endorois decision – four years
on, the Endorois still await action by the Government of Kenya’ http://minority
rights.org/2014/09/23/the-endorois-decision-four-years-on-the-endorois-still-awaitaction-by-the-government-of-kenya/ (accessed 12 July 2017).
37
African Commission (n 23 above).
38
As above.
39
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 para 3.
40
AU Executive Council, Decision on the Thirty-Sixth Activity Report of the African
Commission, 28 April 2014 para 5.
41
See eg Executive Council, Report on the Activities of the African Court on Human
and Peoples’ Rights, 22-27 January 2017, para 21; African Court, Mid-Term Activity
Report, 1 January – 30 June 2017 section 21(d).
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