5.
6.
already reported on close reference to those previous reports would suffice), the progress
made in achieving the observance of the rights and duties of the Charter, and spell out the
difficulties limiting success which they encountered in their efforts. A report on the new
measures such as new legislation, new administrative decisions or judicial judgements passed
to uphold these rights since the submission of the initial report would also be added. This
means that the subsequent periodic reports will follow the topics as discussed in the initial
reports.
In submitting the reports, it will facilitate their consideration if copies of the principal laws,
regulations, collective agreements and judicial decisions mentioned in them are also
forwarded.
Finally, in preparing these guidelines the provisions of articles 50 and 61 of the Charter have
been the lighthouse directing the course followed and determining the substance included in
this document. In this regard heavy reliance has been placed on international law of human
and peoples’ rights, the Charter of the United Nations and that of the Organization of African
Unity, the Universal Declaration of Human Rights and other instruments of the United Nations
and its Agencies accepted by African states. Purely African instruments and other written
materials, which could be obtained, African practices, not at variance with international norms
on human rights and other sources envisaged by the Charter have also been tapped in the
preparation of this paper.
I. GENERAL GUIDELINES REGARDING THE FORM AND CONTENTS OF REPORTS FROM STATES ON
CIVIL AND POLITICAL RIGHTS
1.
Reporting obligations of States Parties on the rights, duties and freedoms enshrined in the
Charter regarding the legislative and other measures they have adopted to give effect to them,
as expressed in article 62 of the Charter, call for preparation of periodic reports every two
years from the effective date of the Charter. It is suggested that these reports be divided in A,
Initial Reports; B, Periodic Reports.
Initial Reports
2.
3.
4.
The purpose of these guidelines is to ensure that the reports are made in a uniform manner,
reduce the need for the Commission requesting additional information and for it to obtain a
clearer picture of the situation in each state regarding the implementation of the rights,
fundamental freedoms and duties of the Charter.
Civil and political rights include the following: rights to life; prohibition of torture and illtreatment; prohibition of arbitrary arrest or detention; arrested or detained persons to be
treated with humanity; equality before the law and entitlement to equal protection before the
law; freedom from slavery, servitude and forced labour; right to a fair trial; freedom of
conscience, expression and assembly; right to receive and impart information; freedom of
movement and residence; right to free participation in government of the country, and to
equal access to public service; no imprisonment for breach of mere contractual obligation;
right to privacy; no conviction for crime which was not a crime at the time of commission; and
right to non-discrimination on the basis of race, ethnic group, colour, sex, language, religion,
political or any other opinion, national or social origin, fortune, birth or other status. And all the
other rights and duties recognised in articles 2 to 13 of the Charter.
The report should be in two parts.
(a)
Part One: General
A brief description of the general legal framework within which civil and political rights are protected
in the reporting state. The report should indicate:
2