Examination of Causes for Failure by State Parties To Implement the Banjul Charter's Periodic Reporting Obligations
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It is the requirement of the African Charter on Human and Peoples’ Rights that all the state
members to it submit an annual report to the African Commission on Human and Peoples’
Rights. It was therefore the anxious push which made this academic work to make findings on
what has been the response of the African States to submit reports as demanded by the Charter.
The need to have this State Reporting arrangement is centered on an idea that, as basic rights are
guaranteed in the constitutions of individual states which bearing the primary protection and
safeguards of these basic rights. There has a tendency, however, non-adherence to this important
role of a number of states including the United Republic of Tanzania. Since the significance
attached to States Reporting as basic rights should be protected and promoted and simply
because States are said to escape this initiative, thus study came as an attempt of figuring out and
discussing the possible causes and effect of non-adherence to this reporting duty.
While trying to find the reasons as to why the states are not actively implementing the Banjul
Charter, the study deployed doctrinal research methodology in finding the answer to the research
problem with the aim of suggesting the clear conclusion to the number of raising questions
which guided the study.
At the end, the study came out with some recommendations which could assist the future
stakeholders, including states themselves, finding as to what could really be the stumbling block
hindering the states to report to the African Commission on human rights issues prevailing
within their states and make them feel obliged and proud to report.
Keywords
Banjul Charter's