Breaking the Secrecy: Advancing Transparency in the Implementation of ACHPR Decisions

by Mai Aman, ISLA

The Litigants Group, a collective of civil society organisations and legal practitioners, has been at the forefront of efforts to ensure the African Commission on Human and Peoples’ Rights (ACHPR) fulfils its protective mandate. One of their central campaigns focuses on Article 59(1) of the African Charter on Human and Peoples’ Rights, a provision that mandates confidentiality for all actions under Chapter III until authorised for disclosure by the Assembly of Heads of State and Government.

This confidentiality requirement, as currently interpreted by the ACHPR, extends to pleadings, submissions, and even party identities, creating significant barriers to information access and effective advocacy. The Litigants Group is working to challenge this restrictive interpretation, advocating for a more transparent and inclusive approach that aligns with international best practices.

The Group’s campaign emphasises that transparency is critical for fostering accountability and implementation, enabling public participation, and driving compliance with ACHPR decisions. Without access to case information, civil society organisations and experts are excluded from contributing vital amicus briefs or advocating for human rights issues raised in communications. Moreover, the secrecy surrounding the implementation of decisions limits pressure on states to act, significantly undermining the ACHPR’s protective mandate.

Research underscores that public visibility of human rights cases enhances the likelihood of implementation by ensuring state actions—or inactions—are subject to scrutiny. The Litigants Group’s call for a calibrated interpretation of Article 59(1) is a vital step towards creating an enabling environment for human rights protection and holding states accountable for their obligations.

The Litigants Group remains committed to advancing this cause, reinforcing the ACHPR’s role as a guardian of human rights across the continent. Learn more and join the campaign here.

This article was first published in the Community Corner of our Just Reparation newsletter. These contributions are invaluable in enriching our collective understanding and fostering meaningful dialogue within the reparation community of practice. If you would like to be featured, we encourage you to submit your contributions to [email protected].