2. If, after the reminder referred to in paragraph 1 of this rule, a State party to the Charter does not submit
the report or additional information requested pursuant to Rules 81 and 85 of the Rules of Procedure, the
Commission shall point out in its yearly report to the Assembly.
Rule 85 : Examination of Information Contained in Reports
1. When considering a report submitted by a State party to the Charter under 62 of the Charter, the
Commission should first make sure that the report provides all the necessary information pursuant to the
provisions of Rule 61 of the Rules of Procedure.
2. If, in the opinion of the Commission, a report submitted by a State party does not contain adequate
information, the Commission may request this State to furnish the additional information required, by
indicating the date on which the information needed should be submitted.
3. If, following the consideration of the reports and the information submitted by a State party to the
Charter, the Commission decides that the State has not discharged its obligations under the Charter, it may
address all general observations to the State concerned as it may deem necessary.
Rule 86 : Adjournment and Transmission of the Reports
1. The Commission shall, through the Secretary-General, communicate to the State parties to the Charter
for comments, its general observations made following the consideration of the reports and the information
submitted by States parties to the Charter. The Commission may, where necessary, fix a time limit for the
submission of the comments by the State parties to the Charter.
2. The Commission may also transmit to the Assembly, the observations mentioned in paragraph 1 of this
rule, accompanied by copies of the reports it has received from the State parties to the Charter as well as
comments supplied by the latter, if possible.
Chapter XVI: Protection Activities - Communications from State Parties to the Charter
Section 1: Procedure for the Consideration of Communications Received in Conformity with 47 of the Charter: "Procedure
for Communications-Negotiations"
Rule 87 : Purpose of the Procedure
1. Any communication submitted under 47 of the Charter should be submitted to the Secretary-General and
the Chairman of the Commission.
2. The communication referred to above should be in writing and contain a detailed and comprehensive
statement of the actions denounced as we as the provisions of the Charter alleged to have been violated.
3. The notification of the communication to the State party to the Charter, the Secretary-General and the
Chairman of the Commission shall be done through a registered letter accompanied by an
acknowledgement receipt form or through any known technical means.
Rule 88 : Register of Communications
The Secretary-General shall keep a permanent register for all communications received under 47 of the
Charter.
Rule 89 : Reply and Time Limit
1. The reply to the State party to the Charter seized of a written communication should reach the requesting
State party to the Charter within 3 months following the receipt of the notification of the Communication.
2. It shall be accompanied particularly by:
a) Written explanations, declarations or statements relating to the issues raised;
b) Possible indications and measures taken to end the situation denounced;
c) Indications on the law and rules of procedure applicable or applied;
d) Indications on the local procedures for appeal already used, in process of still open.
Rule 90 : Non-settlement of the Issue
1. If within three (3) months from the date of notification of the original communication is received by the
addressee State, the issue has not been settled to the satisfaction of the two interested parties, through the
selected channel of negotiation or through any other peaceful procedure selected by common consent of
the parties, the issue shall be referred to the Commission, in accordance with the provisions of 47 of the
Charter.
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