Abstract

MBU, Nelson Baiye  and  ENDOH, Fabrice Tambe. A commentary on the African Court on Human and Peoples' Rights' remedial approach in its ruling on reparations in African Commission on Human and Peoples' Rights v Kenya. AHRY [online]. 2023, vol.7, pp.355-374. ISSN 2663-323X.  http://dx.doi.org/10.29053/2523-1367/2023/v7a16.

This commentary examines and highlights some crucial aspects of the reparation ruling by the African Court on Human and Peoples' Rights in African Commission on Human and Peoples' Rights v Kenya (Ogiek case), focusing on its reparation approach to formulate adequate solutions. The commentary points out that the Court's remedial approach faces challenges concerning specificity and state-centrism, which hinders the development of an efficient indigenous remedial practice and the implementation of its decisions by third parties. Moreover, the commentary argues that the African remedial approach failed to recognise and provide adequate remedial response to the intergenerational nature of the Ogieks' suffering. Considering these gaps, the commentary advocates a reinforced specificity of the African Court's remedial orders to encourage compliance and minimise state dominance, embrace a participatory approach to undermine state centrism, and adopt a regulatory-participatory method to guarantee more efficient intergenerational remedies. The research methodology used in this commentary was qualitative, and content analysis was adopted as the methodological paradigm.

Keywords : African Court; Ogiek reparation decision; remedial approach.

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