Tekleab Mowos

PhD Candidate
Tekleab  Mowos photo
Dissertation Title
Examining the Effects of Domestic Dynamics in the Implementation of the Decisions of the African Court on Human and Peoples' Rights
Supervisor

After earning my LL.B. from the University of Asmara, Eritrea, in 2008, I had the opportunity to work in different institutions and acquired practical skills. In 2011, I joined the School of Law faculty, Eritrea’s only legal education providing institution, and taught several courses.

In 2016, I took a leave and went to Italy, where I earned an LL.M. in International Criminal Law. The program, jointly organized by the United Nations Interregional Crime and Justice Research Institute (UNICRI) and the University of Turin (UNITO), enabled me to understand and appreciate the nexus between international human rights law, international humanitarian law, and international criminal law. Importantly, I had the opportunity to explore major regional human rights systems and mechanisms, namely, the African Court on Human and Peoples’ Rights, the European Court of Human Rights, and the Inter-American Court of Human Rights. In 2018, I moved to Canada and joined Osgoode Hall Law School in 2020, where I earned my second LL.M. in Canadian Common Law. The Canadian common law system is fascinating and, given my civil law background, my LL.M at Osgoode was transformative. In September 2024, I returned to Osgoode to pursue my doctoral studies. My research relates to international human rights law and regional human rights systems with a special focus on the implementation of the decisions of the African Court on Human and Peoples' Rights (African Court). My interest in the area emanates from my educational and professional background.

Research

The United Nations Charter provides for the creation of regional arrangements, provided such arrangements are in line with its principles and purpose. So far, three major regional human rights courts have been created; namely: the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples’ Rights (in that order).

My research relates to international human rights law and regional human rights systems with a special focus on the implementation of the decisions of the African Court on Human and Peoples' Rights (African Court).

The African Court on Human and Peoples’ Rights is a critical regional human rights protection body. It serves as a vital alternative channel for people to seek justice and effective remedies when national systems are compromised due to incompetence, lack of political will, etc.

The case law of the African Court illustrates that the Court has been effectively using its broad jurisdiction to adjudicate cases brought before it. And it has set several landmark jurisprudences on many important issues - including election, freedom of speech, rights of indigenous peoples, and constitutional amendment. Also, the violations identified and the remedial measures ordered show the effectiveness and importance of the African Court in protecting and promoting human rights in the continent. However, although the African Court has been effective in vindicating human rights and setting landmark jurisprudence, member states are exceedingly reluctant to comply with the Court's decisions. The vast majority of the decisions of the African Court remain unimplemented. The compliance crisis plaguing the African Court is highly problematic, and the reasons for such an alarmingly low compliance rate in Africa need to be investigated.

My research seeks to explore the relationship between the domestic dynamics of the state and the phenomenon of general noncompliance with the African Court’s decisions. It also aims to examine whether (or to what extent) the nature of the rights involved and the type of remedial order affect compliance. The research also intends to provide a better understanding of the underlying reasons for non-compliance with the Court’s decisions that can help overcome its compliance challenges.