The AU and Issues of Institutional Capacity and Enforcement

Abstract

In light of the emerging African Union (AU) legal order, this chapter examines AU’s institutions and courts to situate AU law in the wider context of AU’s enforcement mechanisms. In the nearly two decades of the operational phase of the AU, several institutions and courts have arguably ensured enforcements of its laws, policies, and decisions. Added to its judicial, human rights, and legal organs, the African Court of Human Rights has been at the disposal of the AU in the fight against human rights abuses and implementation of regional and international instruments in environmental and criminal law matters. What could potentially be the impact of these institutions on AU law? Also, will the evolving AU law require a separate enforcement mechanism, or could it rely on pre-existing institutions and courts? These issues become necessary in view of the AU’s commitment to implement Aspiration 3 of Agenda 2063, which amongst other things, envisions respect for human rights, justice, and the rule of law within the region. The chapter argues that the challenges of weak institutions, corruption, and internal conflicts are endemic within the continent. Therefore, it takes the view that a system of normative, cultural, and cognitive institutional reforms and transformation will be valuable.