The African Charter on Human and Peoples’ Rights established the African Commission on Human and Peoples’ Rights, which is a quasi-judicial body that monitors the implementation of the Charter itself. The African Commission is also often referred to as the Banjul Commission.
The relationship between the Court and the Commission is governed by the Protocol establishing the Court, the Rules of Court and the Rules of Procedures (link) of the Commission.
According to these instruments, the Court complements the protective mandate of the Commission in the promotion and protection of human rights as follows:
- The Court may transfer a matter of which it is seized to the Commission.
- Whenever the Court decides a case, its judgment shall be transmitted to the Commission in addition to the parties concerned.
- The Commission may of its own accord submit a communication to the Court in respect of massive violations of human rights.
- The Commission may at any stage of the consideration of a communication, seize the Court with the examination of a communication.
- The Commission can submit communications to the Court on grounds of failure or unwillingness of a State to comply with its decisions or provisional measures.
- Whenever the Commission is requested to interpret any provision of the Charter, it shall inform the President of the Court and a copy of the Commission’s interpretation should be sent to the President of the Court as soon as it has been adopted by the Commission.
- The Court may request the opinion from the Commission when deciding on issues of admissibility.
- The Court can give an advisory opinion upon request by the Commission.
- In drawing up its own rules, the Court is required to consult with the Commission as appropriate.
