Status of the implementation of the human rights related decisions of the ECOWAS Community Court of Justice

Abstract

This paper primarily focuses on revealing the status of implementation of human rights decisions of the Community Court of Justice of the Economic Community of West African States (ECCJ). It acknowledges that dialogue on human rights has ventured into an era where more research and scholarship ought to be focused on implementation of human rights commitments including decisions of human rights tribunals. Dedicated to the ECCJ, the principal legal organ of the Economic Community for West African States (ECOWAS), the paper traces the evolution of the Court in the early days of restricted human rights competence to a time of its affirmation through ECOWAS legislative instruments. Utilising the implementation assessment framework used by the Committee of Ministers (CoM), the assessment is based on a sample of 75 cases covering all categories of human rights, but full discussion was limited to a few significant decisions that demonstrate the different aspects of this analysis. The major finding was that non-implementation of ECCJ decisions is a growing concern in ECOWAS. A few cases have achieved full compliance yet the majority were either partially implemented or not at all. The paper also found that there is a huge information gap between real time status on implementation on the ground and that which is perceived. Accordingly, the paper concludes by inviting more empirical research that is informed by the actual actors and decision-makers at the national level for a better understanding of the dynamics at play in each context. However, the paper found unique features of the ECOWAS human rights architecture including advanced legal framework on implementation; an elaborate sanction regime for non-compliance; full compliance in monetary-based orders; and clarity of remedial orders among others. These are recommended for other sub-regional systems.