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      The commission as a party before the court - Reflections on the complementarity arrangement

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          Abstract

          The African Commission on Human and Peoples' Rights has worked as the continent's watchdog, under the ACHPR, for almost 30 years. Much has changed since the time of its inception. More institutions, set to ensure the implementation of the ACHPR, have been added. As the African Court on Human and Peoples' Rights became operational, a two-tiered human rights system was created. This article explores the inter-relationship between the ACHPR, the Protocol Establishing the African Court on Human and Peoples' Rights and the Procedural Rules of these two institutions within the specific context of the African Commission's mandate to refer communications to the African Court. The aim is to offer a purposeful interpretation of the Procedural Rules governing referrals, guided by the understanding of the principle of complementarity in the preparatory works. The author argues that an appropriate interpretation of complementarity, within the context of referrals, becomes vital in alleviating one of the long-term plagues of the African, protective, human rights system, namely the lack of resources and human capital. It is suggested that the African Commission and the African Court can only be effective if they take proper cognisance of the principle of complementarity, in referring and receiving communications.

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          Most cited references12

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          International Human Rights Law in Africa

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            A Comparison Between the African and European Courts of Human Rights

            R Murray (2002)
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              " Provisional Measures under the African Human Rights System: The African Court's Order against Libya

              D Juma (2012)
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                Author and article information

                Contributors
                Role: ND
                Journal
                pelj
                PER: Potchefstroomse Elektroniese Regsblad
                PER
                Publication of North-West University (Potchefstroom Campus) (Potchefstroom, North-West Province, South Africa )
                1727-3781
                2016
                : 19
                : 1
                : 1-29
                Affiliations
                [01] orgnameUniversity of Stellenbosch South Africa arudman@ 123456sun.ac.za
                Article
                S1727-37812016000100011
                10.17159/1727-3781/2016/v19i0a1225
                25ca7df7-df4e-4b9e-9c39-09b7198a6182

                This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

                History
                Page count
                Figures: 0, Tables: 0, Equations: 0, References: 12, Pages: 29
                Product

                SciELO South Africa


                African Charter on Human and Peoples' Rights,African Commission on Human and Peoples' Rights,African Court on Human and Peoples' Rights,referrals,complementarity,human rights,gross violations of human rights,individual communications

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