Abstract
The African Commission on Human and Peoples' Rights has worked as the continent's watchdog, under the ACHPR, for almost 30 years. Much has changed since the time of its inception. More institutions, set to ensure the implementation of the ACHPR, have been added. As the African Court on Human and Peoples' Rights became operational, a two-tiered human rights system was created.This article explores the inter-relationship between the ACHPR, the Protocol Establishing the African Court on Human and Peoples’ Rights and the Procedural Rules of these two institutions within the specific context of the African Commission's mandate to refer communications to the African Court. The aim is to offer a purposeful interpretation of the Procedural Rules governing referrals, guided by the understanding of the principle of complementarity in the preparatory works. The author argues that an appropriate interpretation of complementarity, within the context of referrals, becomes vital in alleviating one of the long-term plagues of the African, protective, human rights system, namely the lack of resources and human capital. It is suggested that the African Commission and the African Court can only be effective if they take proper cognisance of the principle of complementarity, in referring and receiving communications.
Highlights
The African Commission on Human and Peoples' Rights has worked as the continent's watchdog, under the African Charter on Human and Peoples' Rights1, for almost 30 years
At the time of writing only one of these cases had been finalised.17. It is the process under article 55 of the ACHPR, where individual complaints can be instituted, which mainly indicates the need for a referral as set out in rule 118 of the Rules of the Commission
Under rule 118(1), the Commission may bring a case to the Court if it has taken a decision with respect to a communication submitted under articles 48, 49 or 55 of the ACHPR and it considers that the state has not complied or is unwilling to comply with its recommendations within 180 days
Summary
Rudman A "The Commission as a Party before the Court – Reflections on the Complementarity Arrangement" PER / PELJ 2016(19) - DOI http://dx.doi.org/10.17159/17273781/2016/v19i0a1225 This work is licensed under a Creative Commons Attribution 4.0 International License.
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