Revised Guidelines for the Consideration of Communications
a Communication under this Section shall not form part of the quorum for the
consideration of the Communication.
SECTION XV: ON-SITE INVESTIGATION
1) If it deems it necessary or advisable for the determination of a Communication
at any stage before determination on the merits, the Committee may carry out an
on-site investigation in accordance with article 45 of the African Children’s Charter.
2) The Committee shall request the State Party concerned to furnish it with all the
necessary facilities on the State Party’s territory necessary for the effective conduct
of the investigation.
SECTION XVI :PRELIMINARY OBJECTIONS
1) A party to a Communication who intends to raise a preliminary objection at the
stage before the Committee takes a decision on the merits of the Communication,
shall do so in writing not later than 30 days after receiving the other party’s submissions on admissibility or on the merits in accordance with the provisions of these
Guidelines.
2)
The Committee shall submit a copy of the preliminary objection to the other
party within 14 days of the receipt of the objection and request the party to submit
its written response within 30 days of such request.
3)
Where the Committee does not receive response to a preliminary objection
under paragraph 2 of this Section, it shall proceed to rule on the merits of the objection as presented and on the basis of any other relevant information available
to the Committee.
4) The Committee shall first consider and rule on any preliminary objection before
considering any other matters relating to a Communication.
19