SECTION 3 CONSIDERATION OF
COMMUNICATIONS RECEIVED UNDER
ARTICLES 48 & 49 OF THE CHARTER:
COMMUNICATIONS - COMPLAINTS OF
STATES PARTIES
Rule 87
Seizure of the Commission
1.
Any Communication under Articles
48 and 49 of the Charter may be
submitted to the Chairperson of the
Commission through the Secretary
by an interested State Party.
The Communication shall contain
information on the following or be
accompanied particularly by:
a.
Measures taken to resolve the
issue pursuant to Article 47 of
the African Charter including the
text of the initial communication
and any subsequent written
explanation from the interested
States Parties relating to the
its observations in writing on the
admissibility of the Communication
within
ninety
(90)
days.
The
observations so obtained in writing
shall be immediately communicated
to the complaining State Party, which
shall respond within ninety (90)
days of receipt of the observations.
The Commission
shall designate
one or more of its members as
Rapporteur for the Communication.
Rapporteurs, through the Secretary,
may:
a.
Request relevant information
on
matters
connected
with
the Communication from the
States Parties concerned. Such
information shall be provided by
both parties within ninety (90)
days of receipt of such request;
b.
Transmit
any — information
obtained from one party to the
other for comments. The parties
shall be given ninety (90) days
to respond to the observations
made by the other party.
issue;
b.
Measures
taken
to
exhaust
regional
or
international
procedures
of settlement or
good offices;
c.
Any
other’
procedure
of
international investigation or
international
settlement
to
which
the
interested
States
Parties have resorted.
Prior to the
Consideration of the Communication
1.
Where,
pursuant
and
of
49
the
to
African
Articles
Charter,
48
a
Communication is brought before
the Commission by a State Party,
the Chairperson of the Commission,
through the Secretary, shall give
notice of such Communication to
the State Party against which the
complaint is made and shall invite
it to submit to the Commission
at which
the
is to be considered,
the Rapporteurs shall prepare a
report on the admissibility of the
Communication. Such report shall
contain:
a.
Rule 88
session
Communication
The relevant facts, including
any information or comments
obtained under paragraph 3 of
this Rule;
b.
The provision(s) of the African
Charter alleged to have been
violated in the Communication;
c.
Arecommendation on
admissibility and on any other
action to be taken, as the case
may require.
Part Three : Protection Activities