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Human Rights Review

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04-08-2020

Towards Improved Compliance with Human Rights Decisions in the African Human Rights System: Enhancing the Role of Civil Society

Author: Anthony Ebruphihor Etuvoata

Published in: Human Rights Review | Issue 4/2020

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Abstract

To ensure the protection and promotion of human rights at the African regional level, the African human rights system was established and has been in existence for over three decades. In realisation of its mandates, three supervisory mechanisms have been established to adjudicate human rights cases and issue decisions accordingly. To enhance compliance with these decisions, human rights non-governmental organisations, civil society organisations (NGOs/CSOs) and the supervisory bodies themselves often act as sources of pressure by exploring different follow-up mechanisms. However, despite their best efforts, the attitude of member states towards compliance with the decisions of the supervisory bodies has been relatively poor. Against this background, this article argues that in improving compliance, civil society—particularly the electorates—in member states can equally be engaged to act as a complementary domestic source of pressure with the aim of raising domestic costs in pressuring member states towards compliance.

previous article Collapsing the Boundaries Between De Jure and De Facto Slavery: The Foundations of Slavery Beyond the Transatlantic Frame

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The Organisation of African Unity (OAU) was established on 25 May 1963 in Addis Ababa with 32 signatory governments. See Art 2 of the OAU Charter. Note that the OAU has since 2001 been replaced by the African Union (AU) following a decision declaring the establishment of the AU based on the unanimous decision of member states adopted by the 5th Extraordinary OAU/AEC summit held in Sirte, Libya, from 1 to 2 March 2001.

The African Charter is an international human rights instrument which was adopted by the Assembly of Heads of State and Government of the OAU on 27 June 1981 and entered into force on 21 October 1986. The Charter has been ratified by 55 member states. The African Charter sets out the rights and duties of African people as it affects the rights of other persons and their respective countries.

It is conceded that in the context of this article, CS which represent the wider domestic society—different from government—do engage in different direct or indirect civic actions which include protest, strike, participation in periodic elections, lobbying, consultations and so on. However, in this article, elections have been singled out as a potential tool for CS to coax the political will of state actors to comply. The choice of election as a domestic model for CS is based on the argument that elections present a legitimate entry point for elected office seekers which then gives the voting public the opportunity to explore the electioneering processes to bring to the table of politicians and their political parties the needs of their constituents.

CS in the context of this article means the electorates or the voting public who form a critical component of the African societies in member states under the AHRS. This should be understood to mean that the government, its agencies and formal or organised groups/bodies who operate under the label of human rights NGOs/CSOs or any other related groups are not part of this configuration.

The human rights bodies covered by his reports include the African Commission, the Court, the Economic Community of West African States Community Court of Justice (the ECOWAS Court), the East African Court of Justice (EACJ) and the Southern African Development Community Tribunal (SADC).

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Title: Towards Improved Compliance with Human Rights Decisions in the African Human Rights System: Enhancing the Role of Civil Society
Author: Anthony Ebruphihor Etuvoata
Publication date: 04-08-2020
Publisher: Springer Netherlands
Published in: Human Rights Review / Issue 4/2020
Print ISSN: 1524-8879
Electronic ISSN: 1874-6306
DOI: https://doi.org/10.1007/s12142-020-00603-z

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