Diplomatic mechanisms as a springboard to enhance the implementation of decisions by the African Commission on Human and Peoples' Rights with specific reference to persons with disabilities

This article examines the role of diplomatic mechanisms in enhancing the implementation of decisions by the African Commission on Human and Peoples' Rights, with a specific focus on the rights of persons with disabilities. With the entry into force of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in Africa in 2024, it is anticipated that more communications dealing with the rights of persons with disabilities will be submitted to and decided by the African Commission. Diplomatic and political mechanisms are identified as pragmatic and effective avenues for ensuring compliance with African Commission decisions, especially given the complex interplay between human rights norms, state sovereignty and political considerations. These diplomatic mechanisms facilitate constructive engagement and the formulation of tailored recommendations that align with the internal dynamics of states. Notwithstanding these benefits, many African states continue to struggle with fulfilling their obligations, particularly regarding the rights of persons with disabilities. This non-compliance weakens the Commission's effectiveness. The article highlights the detrimental impact of non-compliance relating to persons with disabilities, who face persistent attitudinal, environmental and systemic barriers. It argues that the failure to implement the Commission's decisions undermines the Commission's credibility and hampers the development of a robust human rights culture for persons with disabilities. To address these deficiencies, the article advocates the use of diplomatic mechanisms, such as negotiations, dialogue and cooperation, as catalysts for change. Through sustained engagement and dialogue, diplomatic efforts can encourage states to ensure that disability rights and inclusive policies are placed at the forefront of national policies, thereby strengthening implementation mechanisms. Ultimately, it is hoped that the African Commission and other stakeholders can play a more active role in advancing the rights and well-being of persons with disabilities across Africa.

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