Party, which shall respond within ninety (90) days of receipt of the observations.
2. The Commission shall designate one or more of its members as Rapporteur for the Communication.
3. 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.
4. Prior to the session at which the Communication is to be considered, the Rapporteurs shall prepare a
report on the admissibility of the Communication. Such report shall contain:
a) 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) A recommendation on admissibility and on any other action to be taken, as the case may require.
5. Before deciding upon the admissibility of the Communication, the Commission may invite the parties to
submit further observations in writing and shall fix a time limit of ninety (90) days for the submission of
these observations. The written observations or information shall be transmitted to the opposing party.
6. The Commission may also allow the parties to make additional observations orally.
Rule 89 Decision on Admissibility
1. The Commission shall consider the report of the Rapporteurs, decide on the admissibility of the
Communication, and shall inform the parties accordingly.
2. The Commission shall give reasons for its decision on admissibility.
Rule 90 Amicable Settlement
1. When the Commission declares that a Communication is admissible, it shall place its good offices at the
disposal of the interested States Parties with the objective of reaching an amicable settlement under the
terms of the African Charter.
2. For the purpose of the Commission's good offices, the Bureau of the Commission shall establish contact
with the relevant authorities of the States Parties.
3. The Bureau shall report its findings and recommendations to the Commission at the Commission's next
session.
4. The Commission shall thereafter decide on the appropriate action to take, which may include the
following:
a) appointing a Rapporteur;
b) convening, in consultation with the States Parties concerned, meetings with the aim of achieving an
amicable settlement of the dispute;
c) Facilitating the drafting of a Memorandum of Understanding, when the parties accept the principle of an
amicable settlement, containing the terms of settlement being proposed having regard to the progress
made.
5. In the case of acceptance of the draft Memorandum of Understanding, the States Parties concerned
shall sign the agreement under the auspices of the Commission.
6. The Rapporteur shall then prepare a draft report, which shall be submitted to the Commission for
adoption at its next session.
7. When adopted, the report shall be sent to the States Parties concerned and communicated to the
Assembly.
8. The Commission, through the Rapporteur shall then follow-up on monitoring the implementation of the
terms of the agreement and report on the said implementation to each subsequent Ordinary Session of the
Commission until the settlement is concluded. Such a report shall form part of the Activity Report of the
Commission to the Assembly.
Rule 91 Failure to Settle the Dispute Amicably
1. If the amicable settlement of the dispute fails, the Commission shall request the States Parties
concerned to provide, within a period of thirty (30) days, their written submissions.
2. The Commission shall communicate any information obtained from one party to the other for comments.
The States Parties concerned shall be given thirty (30) days to respond.
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