AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS
1. To promote Human and People’s Rights
and in particular:
a) to collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organize 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 OAU or an African Organization recognized by the OAU.
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 of any other person
capable of enlightening it.
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 the State to
the matter. This communication shall also be
addressed to the Secretary General of the
OAU 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 States involved.
Article 49
Notwithstanding the provisions of Article
47, if a State party to the present Charter
considers that another State par has violated
the provisions of the Charter, it may refer
the matter directly do 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.
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