Abstract

GENTIL, Jonas. Periodic reporting: a compromise for the realisation of the rights and freedoms guaranteed by the African Commission on Human and Peoples' Rights?. AHRY [online]. 2023, vol.7, pp.70-93. ISSN 2663-323X.  http://dx.doi.org/10.29053/2523-1367/2023/v7a4.

This article focuses on the commitment by states to submit periodic reports on the measures taken to give effect to the rights and freedoms guaranteed by the African Charter on Human and Peoples' Rights (African Charter). It considers the trajectory, scope of application, objectives, advantages of state reporting, as well as the menace of non-submission of reports. The article starts with the analysis of this obligation in the African regional system of human rights protection and then analyses to what extent this commitment has been observed by states with a view to effectively guaranteeing rights and freedoms. The main regional instrument analysed is the African Charter, the Rules of Procedure of the African Commission on Human and Peoples' Rights with regard to the procedure adopted for the purpose of receiving and analysing these reports, as well as some Commission jurisprudence on the matter. The analysis reveals that, despite the commitment assumed by the states and the adoption of Guidelines for National Periodic Reports that allows a system of efficient reports and creates a channel for constructive dialogue between states and the Commission, aimed at ensuring uniformity and harmonization of information, these directives are complex and difficult to follow. Thus, the Commission aimed to combat the misconception that many States had regarding the reporting system, which led to these directives undergoing considerable changes. It is certain that, currently, many of the states that have submitted reports to the Commission have understood that this is the best vehicle to establish trust and a strong partnership with the Commission in guaranteeing the rights and freedoms provided for in the Charter.

Keywords : Carta Africana dos Direitos Humanos e dos Povos; Comissão Africana dos Direitos Humanos e dos Povos; apresentação periódica de relatórios; relatório; Regulamento; Guidelines for National Periodic Reports.

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