African Charter on Human and Peoples’ Rights
37
Communication from States
Article 47
If a state party to the present Charter has good reason to believe that another
state party to this Charter has violated the provisions of the Charter, it may
draw, by written communication, the attention of that state to the matter.
This communication shall also be addressed to the Secretary-General of the
Organization of African Unity and to the Chairman of the Commission. Within
three months of the receipt of the communication the state to which the
communication is addressed shall give the enquiring state written explanation
or statement elucidating the matter. This should include as much as possible
relevant information relating to the laws and rules of procedure applied and
applicable and the redress already given or course of action available.
Article 48
If, within three months from the date on which the original communication is
received by the state to which it is addressed, the issue is not settled to the
satisfaction of the two states involved through bilateral negotiation or by any
other peaceful procedure, either state shall have the right to submit the
matter to the Commission through the Chairman and shall notify the other
state involved.
Article 49
Notwithstanding the provisions of article 47, if a state party to the present
Charter considers that another state party has violated the provisions of the
Charter, it may refer the matter directly to the Commission by addressing a
communication to the Chairman, to the Secretary-General of the
Organization of African Unity and the state concerned.
Article 50
The Commission can only deal with a matter submitted to it after making sure
that all local remedies, if they exist, have been exhausted, unless it is obvious
to the Commission that the procedure of achieving these remedies would be
unduly prolonged.
Article 51
1.
The Commission may ask the states concerned to provide it with all
relevant information.
2.
When the Commission is considering the matter, states concerned may
be represented before it and submit written or oral representation.
Article 52
After having obtained from the states concerned and from other sources all
the information it deems necessary and after having tried all appropriate
means to reach an amicable solution based on the respect of human and
peoples’ rights, the Commission shall prepare, within a reasonable period of
time from the notification referred to in article 48, a report stating the facts
and its findings. This report shall be sent to the states concerned and
communicated to the Assembly of Heads of State and Government.
Article 53
While transmitting its report, the Commission may make to the Assembly of
Heads of State and Government such recommendations as it deems useful.