Provisional Measures in the African Human Rights System

Abstract Provisional measures have increasingly played a key role in protecting individual and collective rights in the African human rights system. The African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights (Court) have exhibited a proactive stance in indicating provisional measures in cases relating to the protection of the right to life, social and economic rights, and political rights, including electoral participation. The far-reaching measures of the Court, however, along with the general proactivity of the Court in finding human rights violations, have sparked a backlash, leading Rwanda, Tanzania (where the seat of the Court is located), Benin, Côte d’Ivoire and, more recently, Tunisia to withdraw their declarations allowing individuals and non-governmental organisations to petition the Court directly. This article analyses the role of provisional measures in the African human rights system and explores the implications of this proactive approach in the context of the ongoing crisis within the African Union. It argues that the Court should show resilience vis-à-vis State reactions, asserting its role as a human rights guarantor in the region. Providing more clarity and guidance to applicants requesting emergency protection, as well as making the measures as specific as possible, could be beneficial in this respect. This would allow petitioners to gain more confidence in their pursuit of the protection of this mechanism.