Chapter XVI - Protection
Activities Communications from the States Parties to the Charter
I - Procedure for the Consideration of Communications Recieved in Conformity with Article
47 of the Charter: Procedure for Communications-Negotiations
Rule 88 - Procedure
1. A communication under Article 47 of the Charter should be submitted to the Secretary
General, the Chairman of the Commission and the State party concerned.
2. The communication referred to above should be in writing and contain a detailed and
comprehensive statement on the actions denounced as well as the provisions of the Charter
alleged to have been violated.
3. The notification of the communication to the State party to the Charter, the
Secretary General and the Chairman of the Commission shall be done through the most
practicable and reliable means.
Rule 89 - Register of Communications
The Secretary shall keep a permanent register for all communications received under
Article 47 of the Charter.
Rule 90 - Reply and time limit
1. The reply of the State party to the Charter to which a communication is addressed
should reach the requesting State party to the Charter within 3 months following the
receipt of the notification of the communication.
2. It shall be accompanied particularly by:
a) Written explanations, declarations or statements relating to the issues raised;
b) Possible indications and measures taken to end the situation denounced;
c) Indications on the law and rules of procedure applicable or applied;
d) Indications on the local procedures for appeal already used, in process or still open.
Rule 91 - Non-Settlement of the Issue
1. If within three (3) months from the date the notification of the original
communication is received by the addressee State, the issue has not been settled to the
satisfaction of the two interested parties, through the selected channel of negotiation or
through any other peaceful procedure selected by common consent of the parties, the issue
shall be referred to the Commission, in accordance with the provisions of Article 48 of
2. The issue shall also be referred to the Commission if the addressee State party to
the Charter fails to react to the request made under Article 47 of the Charter, within the
same 3 months' period of time.
Rule 92 - Seizing of the Commission
At the expiration of the 3 months' time limit referred to in Article 47 of the Charter,
and in the absence of a satisfactory reply or in case the addressee State party may submit
the communication to the Commission through a notification addressed to its Chairman, the
other interested State party and the Secretary General.
Section II - Procedure for the Consideration of the Communications Recieved in
Conformity with Articles 48 and 49 of the Charter: Procedure for Communication -Complaint
Rule 93 - Seizing of the Commission
1. Any communication submitted under Articles 48 and 49 of the Charter may be submitted
to the Commission by any one of the interested States parties through notification
addressed to the Chairman of the Commission, the Secretary General and the State party
2. The notification referred to in paragraph 1 of the present Rule shall contain
information on the following elements or accompanied particularly by:
a) Measures taken to try to resolve the issue pursuant to Article 47 of the Charter
including the text of the initial communications and any future written explanation from
the interested States parties to the Charter relating to the issue;
b) Measures taken to exhaust local procedure for appeal;
c) Any other procedure for the international investigation or international settlement to
which the interested States parties have resorted.
Rule 94 - Permanent Register of Communications
The Secretary shall keep a permanent register for all communications received by the
Commission under Articles 48 and 49 of the Charter.
Rule 95 - Seizing of the Members of the Commission
The Secretary shall immediately inform the members of the Commission of any
notification received pursuant to Rule 91 of the Rules of Procedure and shall send to
them, as early as possible, a copy of the notification as well as the relevant
Rule 96 - Private Session and Press Release
1. The Commission shall consider the communications referred to in Articles 48 and 49
of the Charter in closed session.
2. After consulting the interested States parties to the Charter, the Commission may
issue through the Secretary, release on its private sessions for the attention of the
media and the public.
Rule 97 - Consideration of the Communication
The Commission shall consider a communication only when:
a) The procedure offered to the States parties by Article 47 of the Charter has been
b) The time limit set in Article 48 of the Charter has expired;
c) The Commission is certain that all the available local remedies have been utilised and
exhausted, in accordance with the generally recognized principles of international law, or
that the application of these remedies is unreasonably prolonged or that there are no
Rule 98 Amicable Settlement
Except the provisions of the present Rules of Procedure, the Commission shall place its
good offices at the disposal of the interested States parties to the Charter so as to
reach an amicable solution on the issue based on the respect of human rights and
fundamental liberties, as recognized by the Charter.
Rule 99 - Additional Information
The Commission may through the Secretary, request the States parties or one of them to
communicate additional information or observations orally or in writing. The Commission
shall fix a time limit for the submission of the written information or observations.
Rule 100 - Representation of States Parties
1. The States parties to the Charter concerned shall have the right to be represented
during the consideration of the issue by the Commission and to submit observations orally
and in writing or in either form.
2. The Commission shall notify, as soon as possible, the States parties concerned,
through the Secretary of the opening day, the duration and the venue of the session at
which the issue will be examined.
3. The procedure to be followed for the presentation of oral or written observations
shall be determined by the Commission.
Rule 101 - Report of the Commission
1. The Commission shall adopt a report pursuant to Article 52 of the Charter within 12
months, following the notification referred to in Article 48 of the Charter and Rule 90 of
the present Rules of Procedure.
2. The provisions of paragraph 1 of Rule 99 of these Rules of Procedure shall not apply
to the deliberations of the Commission relating to the adoption of the report.
3. The report referred to above shall concern the decisions and conclusions that the
Commission will reach.
4. The report of the Commission shall be communicated to the States parties concerned
through the Secretary.
5. The report of the Commission shall be sent to the Assembly through the Secretary
General, together with the recommendations that it shall deem useful.