The Admissibility of Subregional Courts’ Decisions before the African Commission. ..
259
For similar reasons, 74 communications were deferred in its 47th Ordinary
Session held from 12 to 26 May 2010, and other 74 communications were
deferred in the 48th Ordinary Session held from 10 to 24 November 2010.113
Lack of human and financial resources has undermined the capacity of the
African Commission to resolve its mounting backlog. The Commission has
consistently been complaining about lack of support staff at its secretariat. on
its 47th ordinary session, for instance, the Executive secretary reported that
‘high staff turnover, combined with the [Commission’s] chronic understaffing,
are some of the factors that lie at the heart of the challenges confronting the
[Commission] in its processing and consideration of communications.’114
Although the Executive Secretary reported improvements on the 48th Ordinary
session, the report to the 49th ordinary session shows that the staffing problem
was very critical and that it was no longer possible for the secretariat to provide
the African Commission with ‘the support which it needed to function
effectively and deliver on the mandate entrusted to it.’115 The problem of
understaffing is mainly attributed to the lengthy process of the African Union
Commission’s Human Resource Department.116
The African Commission consists of 11 members.117 Compared with its
counterpart in the Inter-American system which consists of only seven
members, 11 commissioners seem to be high.118 With a lesser number of
commissioners, the Inter-American Commission on Human Rights is more
productive than the African Commission.119 While the Inter-American
Commission annually receives more than 1,500 petitions, the African
Commission receives less than one per cent of that.120 Still, 11 commissioners
are said to be insufficient to adequately implement the mandate of the African
113
28th Activity Report of the African Commission on Human and Peoples’ Rights
(ACHPR), submitted to AU Executive Council, Seventeenth Ordinary Session 19 23 July 2010, Kampala, Uganda, EX.CL/600(XVII), para 212; 29th Activity Report
of the African Commission on Human and Peoples’ Rights (ACHPR), submitted to
AU Executive Council, Nineteenth Ordinary Session 23—28 June 2011, Malabo,
Equatorial Guinea, EX.CL/678(XIX), 184.
11428th Activity Report, supra note 113, para 193.
11529th Activity Report, supra note 113, para 224.
116Magnus Killander & Adem K Abebe(2012), ‘Human rights developments in the
African Union during 2010 and 2011’ African Journal of Human Rights Law 199,
Vol. 12, at 201.
117African Charter, Article 31.
118American Convention on Human Rights adopted at the Inter-American Specialized
Conference on Human Rights, San Jose, Costa Rica, 22 November 1969 and entered
into force on 18 July 1978; O.A.S.T.S. 36; 1144 U.N.T.S. 123, art 34.
119
Killander & Abebe, supra note 116.
120Ibid.