TwoCents
If you believe the African Commission has put a legal framework in place in respect to freedom of expression and digital rights, what are those underlying factors that you think have inhibited this legal framework or guidance to be issued by the African Commission. Or in any case why has the African Commission kept silent.
The African Commission has not laid down procedure to supervise the implementation of its recommendations. However, the secretariat sends letters of reminders to states that have been found to have violated provisions of the charter to recognize the rights, duties and freedoms enshrined in the Charter and adopt legislative measures and other measures to give effects to these rights ..
The first letters are sent after the adoption of the commission's annual Activity Report by the AU Assembly of heads of States and government and subsequent letters are sent as often as neccesary.
The major problem however is that of enforcement.
There is no mechanism that compels states to abide by these recommendations.
But for states that are party to the protocol to the African Charter on Human and people's rights on the establishment of the African court on human and people's rights (the African court Protocol) there is always a likelihood that the African Commission will take the cases to the African court if the state concerned fails to abide by its recommendations.
Infact , Rule 118(1) of the ACHPR Rules provides that if the commission has taken a decision with respect to a communication and considers that the concerned State has either not complied or is unwilling to comply with its recommendations within the prescribed time limit , the ACHPR may submit the communication to the African Court pursuant to Article 5(1)a of the African Court Protocol and inform the parties accordingly.
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