36 Instruments of the AU Article 41 The Secretary-General of the Organization of African Unity shall appoint the Secretary of the Commission. He shall also provide the staff and services necessary for the effective discharge of the duties of the Commission. The Organization of African Unity shall bear the costs of the staff and services. Article 42 1. The Commission shall elect its Chairman and Vice-Chairman for a twoyear period. They shall be eligible for re-election. 2. The Commission shall lay down its rules of procedure. 3. Seven members shall form a quorum. 4. In case of an equality of votes, the Chairman shall have a casting vote. 5. The Secretary-General may attend the meetings of the Commission. He shall neither participate in deliberations nor shall he be entitled to vote. The Chairman of the Commission may, however, invite him to speak. Article 43 In discharging their duties, members of the Commission shall enjoy diplomatic privileges and immunities provided for in the General Convention on the Privileges and Immunities of the Organization of African Unity. Article 44 Provision shall be made for the emoluments and allowances of the members of the Commission in the Regular Budget of the Organization of African Unity. CHAPTER II: Mandate of the Commission Article 45 The functions of the Commission shall be: 1. To promote human and peoples’ rights and in particular: (a) To collect documents, undertake studies and research on African problems in the field of human and peoples’ rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples’ rights, and, should the case arise, give its views or make recommendations to governments; (b) To 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 legislations; (c) Co-operate with other African and international institutions concerned with the promotion and protection of human and peoples’ rights. 2. Ensure the protection of human and peoples’ rights under conditions laid down by the present Charter. 3. Interpret all the provisions of the present Charter at the request of a state party, an institution of the Organization of African Unity or an African organisation recognised by the Organization of African Unity. 4. Perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government. CHAPTER III: Procedure of the Commission Article 46 The Commission may resort to any appropriate method of investigation; it may hear from the Secretary-General of the Organization of African Unity or any other person capable of enlightening it.

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