The Reluctance of Member States in Implementation of the African Court of Human and Peoples’s Rights Decisions: Experience from Rwanda and Tanzania

Abstract

It is trite understanding by almost all human rights lawyers that under International Human Rights Law, once a state ratifies a treaty and becomes party to the said international instrument; such a State is under obligations to promote; respect, protect and fulfil human rights. However, reports show that only one State has fully complied with the Court’s decision; some partially but many States against which judgments have been pronounced have not shown any endeavour to heed to the court’s decisions which is centrally to Article 30 of the Protocol. This study focuses on the reluctance of member States to the Protocol as among the factors that impedes implementation and compliance with the decisions and judgements of the Court as exemplified by Tanzania and Rwanda. Objectively, the research was centred on assessing the extent to which member States of the ACHPR comply with international legal commitments recalling the decisions and judgments of the Court with reference to Tanzania and Rwanda. The study employed qualitative research approach whereby 21 interview from the Office of Attorney General, Judiciary, Tanganyika Law Society, Legal and Human Rights Centre, Ministry of Justice and Constitutional Affairs, Legislature, and Law Reform Commission was conducted to collect primary. The data collected was subsequently analyzed qualitatively through narrative data analysis approach where the research question was affirmatively concluded. The findings underscore the necessity of member States to change their habit of being reluctant on implementation and compliance with the Court’s decisions and judgment in order to fulfil the legal accountability and enhance justice within the region. The study recommends that in order to effectively implement Court’s orders, member states must refrain from reluctance on heeding to what the Court has decided.