It was as long ago as 1961 that the idea of an African human rights court was put forward as a possible mechanism for addressing the issue of human rights abuses in Africa, but at that time it was considered to be too controversial a proposition to gain endorsement from the Member States of the Organization for African Unity (OAU). This is a reflection of attitudes that have long underpinned the African system, and that have led many African leaders over a considerable period of time to believe that sensitive issues of human rights violations could only be dealt with within a non-confrontational atmosphere. This approach is reflected in the procedures under the African Charter on Human and Peoples' Rights. The African Commission is the organ with the primary responsibility for promotion and protection of human rights under the African Charter, and it was confidently expected that such an atmosphere would prevail at its sessions once it was established. The two main mechanisms used by the Commission to monitor State compliance with their Charter obligations and to address human rights issues within Africa are the communication or complaints system, and the State reporting procedure established in Article 62 of the Charter.

Ultimately, the degree to which confrontation can be eliminated from the operation of a reporting procedure is determined by the quality of the participation of both sides.