Discussion Point: Implementing the African Court’s Decisions
A repeated point of discussion at the recent Roundtable on Regional Human Rights Systems was how to ensure implementation of the African Court’s decisions. After a judgment is passed by the Court, the Council of Ministers of the African Union is charged with monitoring implementation of the judgment. However, the Council of Ministers is a political body made up of all Ministers of the AU including from those states that have not ratified the Protocol and are not under the jurisdiction of the Court. This situation has led to concerns among activists that implementation will be politicized.
During the Roundtable, Frans Viljoen, a professor of law at the Centre for Human Rights of the University of Pretoria, cited a study he conducted along with Lirette Louw that observed three key influences on domestic implementation of decisions by the African Commission:
• If there is an NGO or civil society social movement involved in the matter rather than just an individual;
• When the media covers the matter, drawing both domestic and international attention; and
• When the Commission has taken steps to implement the decision itself.
Sheila Keetharuth, Chairperson of the Coalition for an Effective African Court, followed Mr. Viljoen and urged the African Court justices to take steps to implement decisions themselves rather than just relying on the Council of Ministers. She also highlighted the importance of civil society conducting advocacy campaigns on the ground to influence states to implement decisions. She noted that civil society members should be engaged in advocacy campaigns both before and after the Commission or Court issue a decision to maximize their impact on both the regional body and the state in question.
