The African Court on Human and Peoples’ Rights: Will Political Stereotypes Form an Obstacle to the Enforcement of its Decisions?

Abstract

This article enquires whether the present African political landscape is conducive to the effective enforcement of the judgments of the African Court on Human and Peoples’ Rights. Even though African leaders have come to realise that unity will foster economic development, for some African leaders the Organisation of African Unity (OAU), now African Union (AU), is a pet project through which to project their influence. For others it is an umbrella to protect them from the international spotlight. For yet others, it is a political block which can speak with one voice in the face of foreign domination, a continuation of the quest for self-determination which was the pith of the struggle for independence from colonial rule. The article examines the current behaviouralism of African leaders and how the political landscape might affect the enforcement of the judgments of the court in domestic jurisdictions. While noting that enforcement depends on the political will of nations, a number of legal measures to ensure the enforcement of the judgments of the court are highlighted.