A Review of Procedural and Jurisdictional Challenges in Enforcing International Human Rights Law under the African Charter Regime

The interpretation and enforcement of international human rights law has tremendously evolved since the adoption of the African Charter on Human and Peoples’ Rights. The Charter introduced procedural and jurisdictional paradigms that have moulded this branch of law to resonate Africa’s context and values, by for instance, evolving concepts and approaches distinct from those of the other regions. While striving to achieve this, the Charter has also had to grapple with an avalanche of procedural and jurisdictional challenges. This Article highlights these challenges and proposes ways in which they can be surmounted. It proceeds on the premise that contrary to the usual and indeed mistaken presumption that the flaws in Africa’s regional human rights regime are irreparable, certain reforms could still be initiated and compromises made as a way of surmounting some of these challenges