Human & Constitutional Rights, Documents

African Commission on Human and Peoples' Rights - Rules of Procedure

To obtain the entire document as a WordPerfect file, download here


Previous Next

Part II: Provisions Relating to the Functions of the Commission

Chapter XV - Promotional Activities

REPORT SUBMITTED BY STATES PARTIES TO THE CHARTER UNDER ARTICLE 62 OF THE CHARTER

Rule 81 - Contents of Reports

1. States parties to the Charter shall submit reports in the form required by the Commission on measures they have taken to give effect to the rights recognised by the Charter and on the progress made with regard to the enjoyment of these rights.

The reports should indicate, where possible, the factors and difficulties impeding the implementation of the provisions of the Charter.

2. If a State party fails to comply with Article 62 of the Charter, the Commission shall fix the date for the submission of that State party's report.

3. The Commission may, through the Secretary-General, inform State parties to the Charter of its wishes regarding the form and contents of the reports to be submitted under Article 62 of the Charter.

Rule 82 - Transmission of the Reports

1. The Secretary may, after consultation with the Commission, communicate to the specialised institutions concerned, copies of all parts of the reports which may relate to their areas of competence, produced by member States of these institutions.

2. The Commission may invite the specialised institutions to which the Secretary has communicated parts of the report, to submit observations relating to these parts within a time limit that it may specify.

Rule 83 - Submission of Reports

The Commission shall inform, as early as possible, member States parties to the Charter, through the Secretary, of the opening date, duration and venue of the Session at which their respective reports shall be considered.

Representatives of the States parties to the Charter may participate in the sessions of the Commission at which their reports shall be considered. The Commission may also inform a State party to the Charter from which it wanted complementary information, that it may authorise its representative to participate in a specific session. This representative should be able to reply to questions put to him/her by the Commission and make statements on reports already submitted by this State. He may also furnish additional information from his State.

Rule 84 - Non-submission of Reports

1. The Secretary shall, at each session, inform the Commission of all cases of non-submission of reports or of additional information requested pursuant to Rules 81 and 85 of the Rules of Procedure. In such cases, the Commission may send, through the Secretary, to the State party to the Charter concerned, a report or reminder relating to the submission of the report or additional information.

2. If, after the reminder referred to in paragraph 1 of this Rule, a State party to the Charter does not submit the report or the additional information requested pursuant to Rules 81 and 85 of the Rules of Procedure, the Commission shall point it out in its yearly report to the Assembly.

Rule 85 - Examination of information contained in reports

1. When considering a report submitted by a State party to the Charter under Article 62 of the Charter, the Commission should first make sure that the report provides all the necessary information including relevant legislation pursuant to the provisions of Rule 81 of the Rules of Procedure.

2. If, in the opinion of the Commission, a report submitted by a State party to the Charter, does not contain adequate information, the Commission may request this State to furnish the additional information required, by indicating the date on which the information needed should be submitted.

3. If, following the consideration of the reports, and the information submitted by a State party to the Charter, the Commission decides that the State has not discharged some of its obligations under the Charter, it may address all general observations to the State concerned as it may deem necessary.

Rule 86 - Adjournment and Transmission of the Reports

1. The Commission shall, through the Secretary, communicate to States parties to the Charter for comments, its general observations made following the consideration of the reports and the information submitted by States parties to the Charter. The Commission may, when necessary fix a time limit for the submission of the comments by the States parties to the Charter.

2. The Commission may also transmit to the Assembly, the observations mentioned in paragraph 1 of this Rule, accompanied by copies of the reports it has received from the States parties to the Charter as well as the comments supplied by the latter if possible.

Rule 87 - Promotional Activities

1. The Commission shall adopt and carry out a program of action which gives effect to its obligations under the Charter, particularly Article 45 (1).

2. The Commission shall carry out other promotional activities in member states and elsewhere on a continuing basis.

3. Each member of the Commission shall file a written report on his/her activities at each session including countries visited and organisations contacted.

Previous Next

Human and Constitutional Rights Resource Page
Back to Documents||Document Menu