Toward an Effective African Human Rights System: The Nature and Implications of the Relationship Between the African Union Policy Organs and Human Rights Bodies

Abstract

Functioning within the framework of the African Union (AU), the effectiveness and even survival of the African human rights system is to a large extent dependent on the AU as a collective of States. This Chapter analyzes the relationship between the policymaking organs of the AU and the human rights bodies, with a focus on the African Commission on Human and People’s Rights (Commission) and the African Court on Human and People’s Rights (Court), in order to identify its implications for the African human rights system. It is argued that the working relationship between these bodies is poor and largely unconstructive. The major gaps have been identified and their implications analyzed. The Chapter delivers into the human rights discourse in Africa and provides workable recommendations towards strengthening the African human rights system.