411. Similarly, the Inter-American Commission on Human Rights has
jurisdiction to hear complaints brought by any person, group of persons or
non-governmental entity submitted within six months of receiving notice of
the final domestic decision that the complainant considers causes some injury
to her or his human rights, including electoral rights, established in the 1969
American Convention on Human Rights. The Commission limits itself to
examining whether the fact alleged is a violation of the convention, and can
make non-binding recommendations to the states party. In the event that the
state party does not accept the Commission’s recommendation, if the state
in question has recognized its jurisdiction, the Commission is able to refer
the case to the Inter-American Court of Human Rights. In such cases the
judgements of the Court are binding.
412. The African Commission on Human and Peoples’ Rights was established
under the African Charter on Human and Peoples’ Rights. In addition to
the right and duty to interpret the Charter on request, the mandate of the
Commission is to promote and protect human rights in Africa, including
the electoral rights established in Article 13 of the Charter. The Commission
receives and decides on complaints, called communications, from member
states, individuals and NGOs. Anyone can bring a communication.
Representation by legal counsel is not required and an NGO may complain
on behalf of itself or others. The Commission can only state its findings and
make recommendations to the Assembly of Heads of State and Government
of the African Union. Enforcement of the Commission’s decisions depends
entirely on the goodwill of the offending state.
2. Actions that may be challenged
413. The electoral actions and decisions that are subject to challenge before an
EDRB can be classified according to the nature of the body or entity whose
action or decision is being challenged or according to the point in time when
the challenge is set in motion, taking as a reference the periods of the electoral
cycle. This classification is exclusively for analytical purposes and does not
necessarily coincide with any given EDR system.
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7. Basic elements of EDR systems
violation of the convention or its protocols, it shall afford just satisfaction.
Its final judgement is transmitted to the Committee of Ministers, which
supervises its execution.