Respondent
States to report on the implementation
of its decisions within
a
specified time.®
55.
The Court notes that such reports assist it in fulfilling its obligation of reporting on
States’ non-compliance with its judgments, especially since it does not have its
own enforcement mechanism.
56.
The Court also observes that according to Article 3(1) of the Protocol:
The jurisdiction of the Court shall extend to ail cases and disputes submitted to it
concerning the interpretation and application of the Charter, this Protocol and any other
relevant Human Rights instrument ratified by the States concerned.” [Emphasis added]
57.
Accordingly, the Protocol does not make a distinction between the type of cases
or disputes submitted to the Court, as long as it concerns the application and
interpretation of any of the instruments listed in Article 3 of the Protocol. In the
instant case, a dispute is submitted to the Court concerning the application and
interpretation of Article 30 of the Protocol, an instrument clearly listed in Article 3
of the Protocol.
58.
Furthermore, the Court notes that Article 30 of the Protocol explicitly imposes an
obligation on States to comply with its judgments.
In fact, it considers that this
obligation constitutes the conditio sine qua non of any international litigation. It is
the existence of this duty that distinguishes international judicial mechanisms
from
quasi-judicial
mechanisms
that
are
not
authorised
to
issue
binding
decisions. In other words, the Court distinguishes itself from other mechanisms
that do not have the authority to make decisions that carry an explicit obligation
of compliance with their decisions.
6 See, for example, Tanganyika Law Society, Legal and Human Rights
ChristopherR Mtikila v. Tanzania (merits) (2013) 1 AfCLR 34, § 126; Lohé Issa
(merits) (2014) 1 AfCLR 314, § 176; Association pour le Progrés et la Défense
Femmes Maliennes and the Institute for Human Rights and Development in
(2018) 2 AfCLR 380, § 135.
Centre and Reverend
Konaté v. Burkina Faso
des Droits des
Africa v. Mali (merits)
14