An Analysis of the Execution of Judgments and Follow-up Mechanism Under the African Court on Human and Peoples’ Rights: Lessons from the European Human Rights System

Authors

  • Elijah Sibanda Provincial Magistrate of the Magistrates’ Courts, Zimbabwe

DOI:

https://doi.org/10.25159/2521-2583/7143

Keywords:

Execution of judgments, monitoring and supervision mechanisms, non-compliance, African human rights system, African Court, European Court

Abstract

The African Court is a critical forum under the African human rights system. Under the Protocol which establishes the African Court, member states have an obligation to comply with the court’s judgments and must guarantee their execution. However, states rarely comply with the judgments of this court. In contrast, judgments under the European human rights system are largely complied with. This article analyses and evaluates the monitoring and supervision of the execution of judgments of the African Court and the European Court. It analyses the supervision mechanisms employed by the African Union’s organs such as the Assembly of Heads of State and Government, the Executive Council and the African Court. These monitoring and enforcement mechanisms are compared to the European mechanisms employed by the Committee of Ministers, the European Court, and other bodies like the Parliamentary Assembly. The article contends that the monitoring and supervision mechanisms under the European human rights system are detailed, coherent, well established, specialised and effective as compared to the mechanisms in Africa. In that regard, the article proposes lessons that can be adopted to strengthen the African human rights system.

Published

2021-05-04

How to Cite

Sibanda, Elijah. 2021. “An Analysis of the Execution of Judgments and Follow-up Mechanism Under the African Court on Human and Peoples’ Rights: Lessons from the European Human Rights System”. South African Yearbook of International Law 44 (May):32 pages. https://doi.org/10.25159/2521-2583/7143.

Issue

Section

Articles
Received 2019-12-09
Accepted 2021-01-27
Published 2021-05-04