Introduction and overview of the individual communications procedure

The African Charter's protective ambit (or ‘communications procedure’) comprises two main procedures: the inter-State and individual ‘communications’ (or complaints) procedures. So far, the African Commission has dealt almost exclusively with individual communications, the first inter-State communication being published in July 2006 as part of its Twentieth Activity Report. The discussion that follows briefly sets out the individual communications procedure, with an emphasis on the admissibility phase. Although it has been of less practical importance, the inter-State procedure is also briefly touched upon.

The African Court on Human and Peoples' Rights was established to ‘complement’ the protective mandate of the African Commission, and came into being in 2006 when its first eleven members were elected and its seat assigned. The role of the Court in the individual and inter-State procedure is also considered, even though its practice has not yet clearly crystallised.

The Commission was established as a quasi-judicial body but without an explicit mandate to consider individual communications. Its competence to consider individual communications has, however, been institutionalised without much resistance, and over time its procedure has become increasingly judicialised. This trend is exemplified by the increasingly detailed nature of its findings and reasoning, the issuing of remedial orders in cases of violations, the adoption of minority views, and the decline in recourse to friendly settlements.