3. A Communication may be presented on behalf of a victim without his/her agreement on condition that the
author is able to prove that his/her action is taken in the supreme interest of the child. The victimised child
who is able to express his/her opinions shall be informed of the communications presented on his/her
behalf.
4. The Committee shall decide by simple majority of members present and in conformity with the following
regulations, on the admissibility or not of a communication in conformity with the provisions of Article 44 of
the Charter.
II. Conditions of Form
1. No communication shall be considered by the Committee if:
• it is anonymous;
• it is not written;
• it concerns a State non-signatory to the Charter.
2. Notwithstanding the Committee may admit a communication from a State non-signatory to the Charter in
the overall best interest of the child. In so doing the Committee shall collaborate with other related agencies
implementing conventions and charters to which the non-signatory country is State Party.
III. Conditions of Content
1. In order to take a decision on the admissibility of a communication, the Committee shall ensure that:
1. The communication is compatible with the provisions of the Constitutive Act of the African Union or
with the Charter on the Rights and Welfare of the Child;
2. The communication is not exclusively based on information circulated by the media;
3. The same issue has not been considered according to another investigation, procedure or
international regulation;
4. The author has exhausted all the available appeal channels at the national level or when the author
of the communication is not satisfied with the solution provided;
5. The communication is presented within a reasonable period after appeal channels at the national
level have been exhausted;
6. The wording of the communication shall not be offensive.
Article 2: Procedure for consideration of communications
I. Transmission of Communications
1. Communications shall be forwarded to Committee members three (3) months before each ordinary
session.
II. Setting Up of a Working Group
1. The Committee may set up one or more working groups made up of three of its members who shall meet
before its sessions or at any time decided by the Committee in order to consider the admissibility or not of a
communication. The working group shall designate a rapporteur.
2. When the Committee decides that a communication is admissible according to the terms of the Charter
and these directives, it shall communicate, as soon as possible, through the Secretariat, its decision to the
author of the communication.
3. The Author of the communication may request the Committee to reconsider its decision by providing
additional documents or facts.
2