INTERNATIONAL LAW, Sixth edition

394 international law
is able to suggest provisional measures where appropriate. 286 The Commission
adopted Rules of Procedure in 1988, which were amended in
1995. 287 A number of important individual communications have been
dealt with. 288 In addition, there is an obligation upon states parties to
produce reports every two years upon the measures taken to implement
the rights under the Charter. 289 The Commission was given authority by
the OAU to study the reports and make observations upon them and has
indeed adopted guidelines. However, to date, it is fair to conclude that the
reporting procedure has encountered serious problems, not least in that
many states have failed to submit reports or adequate reports, 290 while the
financial resources difficulties faced by the Commission have been significant.
No provision was made for a Court in the Charter, but a Protocol
on the Establishment of an African Court of Human and Peoples’ Rights
was signed in 1998. 291 Under this Protocol, the Court has advisory, conciliatory
and contentious jurisdiction. The African Commission, states
parties and African intergovernmental organisations have automatic access
to the Court, 292 but not individuals or non-governmental organisations,
whose access depends upon the state concerned having made
286 Rule 111. See e.g. G. J. Naldi, ‘Interim Measures of Protection in the African System for
the Protection of Human and Peoples’ Rights’, 2 African Human Rights Law Journal, 2002,
p. 1. The Commission has taken the view that the adoption of interim measures is binding
on the parties: see e.g. Saro-Wiwa v. Nigeria,7International Human Rights Reports, 2000,
p. 274.
287 See 40 The Review, International Commission of Jurists, 1988, p. 26.
288 See e.g. Lawyers for Human Rights v. Swaziland, Communication 251/2002, 13 International
Human Rights Reports, 2006, p. 887, concerning the overthrow of constitutional
democracy and the banning of political parties. See also Zimbabwe Human Rights NGO
Forum v. Zimbabwe, African Commission, Twenty-First Activity Report, Annex III, pp. 54
ff. See S. Gumedz, ‘Bringing Communications Before the African Commission on Human
and Peoples’ Rights’, 3 African Human Rights Law Journal, 2003, p. 118.
289 Article 62. See also Rules 81–6.
290 See e.g. G. Oberleitner and C. Welch, ‘Africa: 15th Session African Commission on Human
and Peoples’ Rights’, 12 NQHR, 1994, p. 333; Rehman, International Human Rights Law,
p. 255, and M. Vans, T. Ige and R. Murray, ‘The Reporting Mechanism of the African
Charter on Human and Peoples’ Rights’ in The African Charter on Human and Peoples’
Rights (eds. M. Evans and R. Murray), Cambridge, 2002, p. 36.
291 This came into force on 25 January 2004. Judges were elected in 2006. See e.g. D. Padilla,
‘An African Human Rights Court: Reflections from the Perspective of the Inter-American
System’, 2 African Human Rights Law Journal, 2002, p. 185; R. W. Eno, ‘The Jurisdiction of
the African Court on Human and Peoples’ Rights’, 2 African Human Rights Law Journal,
2002, p. 223, and R. Murray, ‘A Comparison Between the African and European Courts
of Human Rights’, 2 African Human Rights Law Journal, 2002, p. 195.
292 Article 5.