57. The African Commission on Human and Peoples' Rights is a creature of the Charter (Article 30). It was established "to promote human and peoples' rights and ensure their protection in Africa." The functions of the Charter are spelt out in Article 45 of the Charter, inter alia, as follows: • Give its views or make recommendations to Governments; • Formulate and lay down principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislation; • Ensure the protection of human and peoples' rights under the conditions laid down by the present Charter; • Interpret all the provisions of the present Charter at the request of a State Party...; 58. In the task of interpretation and application of the Charter, the Commission is enjoined by Articles 60 and 61 to "draw inspiration from international law on human and peoples' rights" as reflected in the instruments of the OAU and the UN as well as other international standard setting principles (Article 60). The Commission is also required to take into consideration other international conventions and African practices consistent with international norms etc. 59. Although international agreements are not self-executing in Zambia, the government of Zambia does not seek to avoid its international responsibilities in terms of the treaties it is party to (vide Communication 212/98 Amnesty International / Zambia). This is just as well because international treaty law prohibits states from relying on their national law as justification for their non-compliance with international obligations (Article 27, Vienna Convention on the Law of Treaties)[FN1]. Likewise an international treaty body like the Commission has no jurisdiction in interpreting and applying domestic law. Instead a body like the Commission may examine a State's compliance with the treaty in this case the African Charter. In other words the point of the exercise is to interpret and apply the African Charter rather than to test the validity of domestic law for its own sake. (vide cases of the Inter American Commission against Uruguay (Nos 10.029, 10.036, 10.145, 10.10.372, 10.373, 10.374, 10.375 in Report 29/92, October 2, 1992).[FN2] -------------------------------------------------------------------------------[FN1] Vide General Comment No 9 (XIX/1998) on The Duty to Give Effect to the Covenant in the Domestic Order. The UN Committee on Economic and Social Rights has established that "legally binding international human rights standards should operate directly and immediately within the domestic legal system of each State Party, thereby enabling individuals to seek enforcement of their rights before national courts and tribunals." The Committee argues that States have an obligation to promote interpretations of domestic laws which give effect to their Covenant obligations" (COMPILATION OF GENERAL COMMENTS AND GENERAL RECOMMENDATIONS ADOPTED BY HUMAN RIGHTS TREATY BODIES; HR1/GEN/Rev.4; February 2000; pp48-52. Although directed at the application of international law in domestic courts, Benedetto Confortu's note of caution is appropriate: In our view, it is necessary to take a cautious approach in accepting the existence of an exceptional category of international norms that owe their non-executing nature to their substantive content. Such an exception must not lead to political manoeuvring in the form of non-implementation of rules found to be ‘undesirable', either because they are considered contrary to national interest, or because they entrench progressive values, or finally, because they are viewed suspiciously by an internal judge purely by reason of their origins.