Africa Team: Briefings and publications

l. Briefings aimed at policy-makers, civil society and others

Implementation Strategies for decisions on communications were prepared by members of the HRLIP team and adopted by the Institute for Human Rights and Development in Africa (IHRDA) and the Egyptian Initiative for Personal Rights (EIPR).

Providing reparation for human rights cases:  A practical guide for African States

The HRIC is pleased to announce the launch of a new Guide (PDF, 2,596kB) ‘Providing reparation for human rights cases: A practical guide for African States’. This Guide has been developed to provide practical advice to State officials on steps that can be taken to implement decisions on individual cases from the African human rights bodies: the African Commission on Human and Peoples Rights; the African Court on Human and Peoples’ Rights; and the African Committee of Experts on the Rights and Welfare of the Child, as well as UN treaty bodies. It draws on the findings of a four-year independent research project the ‘Human Rights Law Implementation Project’ (HRLIP), funded by the Economic and Social Research Council (ESRC).

Special Issue on ‘Righting Wrongs: The Dynamics of Implementing International Human Rights Decisions’ 

The Human Rights Law Implementation Project is delighted to announce that the Journal of Human Rights Practice has launched the Special Issue on ‘Righting Wrongs: The Dynamics of Implementing International Human Rights Decisions’  (Volume 12(1) February 2020: https://academic.oup.com/jhrp/issue/12/1). The Special Issue is a collection of articles, written by members of the Project team, as well as practice notes from victims, representatives of government, civil society, the judiciary, parliamentarians and treaty bodies. It presents many of the findings from the Project.

Preliminary reports submitted to African Commission 

In February and September 2018 the HRLIP Africa team submitted preliminary reports to the African Commission on the findings of the research. These reports have been prepared to support ongoing discussions with the African Commissioner on practical ways in which the HRLIP findings can contribute to and assist in strengthening implementation of the African Commission’s decisions on individual communications. 

Amicus Curiae

In December 2016 Prof. Rachel Murray submitted an Amicus Curiae to the African Commission on Human and People’s Rights in relation to the implementation of Communication 276/03, Centre For Minority Rights Development (Kenya) And Minority Rights Group (On Behalf Of Endorois Welfare Council) V Kenya.

Technical paper on the African Commission’s draft General Comment on the Right to Redress

Debra Long and Prof. Rachel Murray made a submission to a technical meeting organised by the African Commission on Human and Peoples’ Rights in Nairobi, Kenya between 15 and 17 August 2016, as part of the drafting process of a General Comment on the Right to Redress for victims of torture. The submission included recommendations for revisions to the draft on reparation measures for torture victims and on the implementation of the General Comment.

Comments on the African Commission’s Rules and Procedures

Prof. Rachel Murray provided substantive comments on amendments to the African Commission’s Rules of Procedure jointly with the Litigants Group before the African Commission in July 2017.

Expert submission on the AU’s Human Rights Plan of Action

Prof. Rachel Murray prepared an expert submission to Pan African Lawyers Union (PALU) as part of the AU’s consultation on their Human Rights Plan of Action in August 2017. This submission drew upon the Africa Team’s preliminary findings under the project and presented practical recommendations aimed at to strengthen collaboration and procedures to monitor and encourage implementation of decisions of the African human rights bodies.

ll. Articles and Chapters in Books

Compliance in the African System of Human Rights Protection 

The promise of compliance under the African system of human rights protection derives from the commitment of state parties to the three main African Union (AU) human rights treaties – the African Charter on Human and Peoples’ Rights (African Charter), the Protocol thereto on the Rights of Women in Africa (Women’s Protocol, often referred to as the ‘Maputo Protocol’) and the African Charter on the Rights and Welfare of the Child (African Children’s Charter) -- to ‘give effect’ to the rights guaranteed in these treaties, and in this way impact positively on the lives of everyone living in these states. 

Compliance with international human rights decisions in Cameroon: mechanisms in place but a lack of transparency

This case study examines the domestic legal and institutional framework for the implementation of Cameroon’s obligations under international and regional human rights law. In particular it considers the effective functioning of the inter-ministerial committee which has been established to engage with human rights monitoring bodies. It is part of a collection of articles in the Research Handbook on Compliance in International Human Rights Law.

Article on Monitoring implementation of the decisions and judgements of the African Commision and Court on Human and Peoples' Rights

In 2017 an article prepared by Prof. Rachel Murray on behalf of the HRLIP Africa team was published in the African Human Rights Yearbook in 2017. Drawing on the preliminary findings of the HRLIP the article set out some initial observations and based on the research proposed some pragmatic solutions to move forward monitoring implementation forward on the continent. A copy of the article can be downloaded here.

lll. Case Templates/ Guidelines 

The case templates below contain information on each of the cases we examined under the Project. Tracked against each recommendation or reparation is the evidence and information we found on how the State responded to it. The political context and what was happening in the State at the time is also noted in a separate column.We endeavoured to interview and obtain data from the victims, litigants and relevant State authorities, as well as with other key stakeholders and actors at the national and international levels. However, we were not always able to make contact with all the parties to the case. As a result, some of the information is unable to be verified or unknown. We shared draft templates with key stakeholders including government authorities for their feedback prior to publication. Interviews were held with protection of anonymity so they are referred to simply by a code and date.The case templates make no assessment as to whether the measures taken by the State are satisfactory in complying with the reparations recommended or ordered. The case templates are available in English, French and Portuguese.

English Case Templates (PDF, 870kB)

French Case Templates (PDF, 986kB)

Portuguese Case Templates (PDF, 804kB) 

English NHRI Guidelines (PDF, 615kB)

French NHRI Guidelines (PDF, 657kB)

If there are any errors in the case templates, please email the HRIC Admin Mailbox.

 

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