Systematising monitoring: The case for a special mechanism for following up on the implementation of decisions by the African Commission on Human and Peoples' Rights

The African Commission on Human and Peoples' Rights has, since its inauguration on 2 November 1987, struggled to follow up on the implementation of its decisions and recommendations. Despite having received roughly 133 state reports and approximately 900 communications, only about two-thirds of these are estimated to have been considered and determined. Due to several setbacks, including budgetary considerations, understaffing and a backlog of pending cases, the Commission's mandate to ensure the protection of human and peoples' rights and interpret the provisions of the African Charter on Human and Peoples' Rights is often complicated by the continental scope and complexity of its equally-important mandate to promote human and peoples' rights. As if these challenges were not enough, the Commission is continuously overwhelmed by the responsibility not only to convene its ordinary sessions four times a year during which it considers state reports and contentious cases submitted to it, but also to ensure that its decisions are implemented by the state parties concerned. To offset the imbalance foisted by these responsibilities against the multifaceted human rights challenges pertaining to individuals, marginalised and vulnerable groups and particular human rights themes, the Commission created special mechanisms. However, after more than four and a half decades, the Commission is yet unable to address - in a systematic way - the growing spate of non-compliance by state parties with its decisions and recommendations. This article, therefore, seeks to articulate that the growing volume of non-implemented decisions and recommendations has reached a critical point, necessitating the establishment of a special mechanism dedicated to the follow-up and implementation of its decisions and recommendations handed down in contentious and non-contentious cases. The article adopts an institutional approach in making the case that a dedicated special mechanism has become a necessity for enabling the Commission to routinely and systematically follow up, track and better monitor state party compliance with its decisions. The article finds that such a special mechanism will aid the Commission to better engage state parties on their obligations under the African Charter and consistently report on its implementation mandate.