14 - The Responsibility of Public Institutions in Africa

Summary

The report explains how, while it had hardly been recognized in the early years of independence, State responsibility gradually developed in French-speaking Africa from the 1990s onwards under the dual influence of French administrative law and the emergence of pluralist democracy. The development of pluralist democracy led to a renewal of constitutionalism and of administrative law, thereby creating the conditions for a better protection of citizens’ liberties and rights. In spite of this positive evolution, the analysis of African case law shows that redress for injury caused by public authorities appears to be doubly deficient, both in the amounts allocated and in its execution by the administration. At the same time, however, redress for human rights violations is making concrete progress in all African regions (English speaking, French speaking, Arabic speaking, etc.), thanks in particular to the significant role played by the African Commission of Human Rights. Ultimately, the chapter argues that the full implementation of public institutions’ responsibility is highly dependent on the permeation of a rule of law culture in the African States.