Sub-Section 3 Procedure for the Consideration of Communications on the Merits
Rule 108 Proceedings
1. Once a Communication has been declared admissible, the Commission shall set a period of sixty (60)
days for the Complainant to submit observations on the merits. These observations shall be transmitted to
the State Party concerned for the submission of its observations within sixty (60) days;
2. Any written statements submitted by the State Party concerned shall be communicated, through the
Secretary, to the Complainant, who may submit any additional written information or observations within
thirty (30) days. This time limit cannot be extended.
Rule 109 Amicable Settlement
1. At any stage of the examination of a Communication, the Commission, on its own initiative or at the
request of any of the parties concerned, may offer its good offices for an amicable settlement between the
parties.
2. The amicable settlement procedure shall be initiated, and may only continue, with the consent of the
parties.
3. If it deems it necessary, the Commission may entrust to one or more of its members the task of
facilitating negotiations between the parties.
4. The Commission may terminate its intervention in the amicable settlement procedure at the request of
one or both parties, within a period of six months, renewable once, when an amicable settlement is not
reached.
5. When the Commission receives information from parties that an amicable settlement has been
reached,the Commission shall ensure that such amicable settlement:
a) Complies with or respects the human rights and fundamental freedoms enshrined in the African Charter
and other applicable instruments;
b) Indicates that the victim of the alleged human rights violation or, his/her successors, as the case may be,
have consented to the terms of the settlement and are satisfied with the conditions;
c) Includes an undertaking by the parties to implement the terms of the settlement.
6. When the Commission is satisfied that the requirements of paragraph 5 have been complied with, it shall
prepare a report which shall contain:
a) A brief statement of the facts;
b) An explanation of the settlement reached;
c) Recommendations by the Commission for steps to be taken by the parties to ensure the maintenance of
the settlement;
d) Steps to be taken by the Commission to monitor the parties' compliance with the terms of the settlement.
7. If the terms of the amicable settlement are not implemented within six months, or when the terms do not
comply with the requirements under paragraph 5 of the present Rule the Commission shall at the request of
the Complainant continue to process the Communication in accordance with the relevant provisions of the
Charter and the relevant Rules in the present Rules.
Rule 110 Decision on the Merits
1. The Commission, after deliberation on the submissions of both parties, shall adopt a decision on the
merits of the Communication.
2. The Commission shall deliberate on Communications in private, and all aspects of the discussions shall
be confidential.
3. The decision of the Commission shall be signed by the Chairperson and the Secretary, shall remain
confidential and shall not be transmitted to the parties until its publication is authorised by the Assembly.
4. The decision of the Commission shall be posted on the Commission's website after its publication is
authorised by the Assembly.
Rule 111 Review of the Decision of the Commission on the Merits
1. Once the Commission has taken a decision on the merits, it may, on its own initiative or upon the written
request of one of the parties, review the decision.
2. In determining whether to review its decision on the merits, the Commission shall satisfy itself of the
following:
a) that the request is based upon the discovery of some fact of such a nature as to be a decisive factor,
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