(i)
(ii)
(iii)
(iv)
(v)
Whether the rights, fundamental freedoms and duties in paragraph 3 (articles 2-13 of
the Charter) are protected by the Constitution of the country or by a 'Bill of Rights' and
whether there are provisions for derogations and in what circumstances;
Whether the provisions of the Charter can be invoked before the courts, other tribunals
or administrative authorities for direct enforcement or whether they have to be
transformed into internal laws or regulations before they are enforceable by the
authorities;
What judicial, administrative or other authorities have jurisdiction affecting human
rights;
What remedies are available to an individual whose rights are violated;
What other measures have been taken to implement the provisions of the Charter.
(b)
Part Two
Information in relation to each of the rights, duties and fundamental freedoms mentioned in
paragraph 3, articles 2-13. Here the report should give a description on the basis of applicable articles
of the Charter on:
(i)
The legislative, administrative or other measures in force with regard to the rights,
duties or fundamental freedoms;
(ii)
Any restrictions or limitation imposed thereon;
(iii)
Any factors or difficulties affecting satisfaction thereof;
(iv)
Any other information on the progress made on them.
5.
Reports should be accompanied by copies of the principal legislative and other texts referred to
in them. Where this is not possible the report should contain enough information to be
understood in the absence of the text.
6.
The intention is to develop a constructive dialogue between states and the Commission in
regard to the implementation and thereby contribute to mutual understanding, friendly and
peaceful relations between states.
Periodic Reports
7.
The aim of these reports is to complete the information required concerning each of these
rights, duties and fundamental freedoms. These reports would also be in two parts:
(a) Part One
Information concerning the general framework within which the civil and political rights recognised by
the Charter are protected in the reporting state.
(b) Part Two
Information on each of these rights, duties and fundamental freedoms in relation to appropriate
individual articles of the Charter.
8.
The contents of the report should bring out the following:
(a)
Completion of the information before the Commission as to the measures adopted,
taking account of questions raised in the Commission on the examination of any
previous report including in particular additional information as to questions not
previously answered or not fully answered;
(b)
Information taking into account general comments which the Commission has made
and transmitted to the reporting state, which general comments may also have been
sent to the Assembly of Heads of State together with copies of the reports received
from States Parties;
(c)
Information on changes made or proposed to be made in the laws and practices
relevant to the Charter;
(d)
Information on action taken as a result of experience gained in co-operation with the
Commission;
(e)
Information on factors affecting and difficulties experienced in the implementation of
the Charter;
(f)
Information on progress made since the last report of fulfilment of the Charter.
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