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
Rule 109
1.
once, when an amicable
is not reached.
settlement
When
the
Commission
receives
information from parties that an
amicable
settlement
has
been
reached,theCommissionshallensure
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;
that such amicable settlement:
a.
Complies with or respects the
human rights and fundamental
freedoms
enshrined
in_ the
African
Charter
and_
other
applicable instruments;
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.
b.
Indicates that the victim of the
alleged human rights violation
Amicable settlement
At any stage of the examination of a
Communication, the Commission, on
its own initiative or
any of the parties
offer its good offices
settlement between
at the request of
concerned, may
for an amicable
the parties.
The amicable settlement procedure
shall be initiated, and may only
continue,
with
the
consent
or, his/her successors, as the case
may be, have consented to the
terms of the settlement and are
satisfied with the conditions;
c.
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.
of the
parties.
If it deems
it necessary,
the
Commission may entrust to one
or more of its members the task of
facilitating negotiations between the
parties.
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
Part Three : Protection Activities
Includes an undertaking by the
parties to implement the terms
of the settlement.
Recommendations
by _ the
Commission for steps to be taken
by the parties to ensure the
maintenance of the settlement;
d.
Steps
to
by
the
monitor
the
parties’ compliance with
terms of the settlement.
the
Commission
If the terms
settlement are
within
six
be
taken
to
of the
amicable
not implemented
months,
or
when
the
terms do not comply with the
requirements under paragraph 5