COMPLEMENTARITY AND COLLABORATION AMONG HUMAN RIGHTS BODIES IN ENHANCING IMPLEMENTATION OF JUDGMENTS OF THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS

Abstract

This article explores the possible areas of collaboration between the African Court on Human and Peoples’ and other regional human rights bodies in Africa with regard to the process of monitoring the implementation of judgments of the Court. Non-compliance with human rights decisions is a generic problem common to all human rights bodies in Africa. While each body may develop its own unique strategies, a collective approach may have tremendous value. This article examines the practices of the African Court in monitoring the implementation of its own judgments with a view to identifying the areas where the Court may benefit from the practices of the African Commission on Human and Peoples’ Rights (African Commission) and the African Committee of Experts on the Rights and Welfare of the Child. Studies have shown that the respective human rights bodies in Africa have differing strengths regarding implementation monitoring. The African Court could enhance the implementation of its judgments by leveraging on the strengths of other human rights bodies in Africa. Using a doctrinal method, this article carries out content analysis of various implementation reports of the Court in the light of primary and secondary legal sources. The paper makes pertinent recommendations for improving implementation monitoring and compliance with judgments of the Court and concludes that by referring to the African Court cases in which states have failed to comply, the African Commission too is monitoring the implementation of its own decisions through complementarity.