AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS 2. The Secretary General of the Organization of African Unity shall make an alphabetical list of the persons thus nominated and communicate it to the Heads of State and Government at least one month before the elections. Article 36 The members of the Commission shall be elected for a six year period and shall be eligible for re-election. However, the term of office of four of the members elected at the first election shall terminate after two years and the term of office of the three others, at the end of four years. Article 37 Immediately after the first election, the Chairman of the Assembly of Heads of State and Government of the Organization of African Unity shall draw lots to decide the names of those members referred to in Article 36. Article 38 After their election, the members of the Commission shall make a solemn declaration to discharge their duties impartially and faithfully. Article 39 1. In case of death or resignation of a member of the Commission, the Chairman of the Commission shall immediately inform the Secretary General of the Organization of African Unity, who shall declare the seat vacant from the date of death or from the date on which the resignation takes effect. 2. If, in the unanimous opinion of other members of the Commission, a member has stopped discharging his duties for any reason other than a temporary absence, the Chairman of the Commission shall inform the Secretary General of the Organization of African Unity, who shall then declare the seat vacant. 3. In each of the cases anticipated above, the Assembly of Heads of State and Government shall replace the member whose seat became vacant for the re- maining period of his term unless the period is less than six months. Article 40 Every member of the Commission shall be in office until the date his successor assumes office. 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 two year period. They shall be eligible for reelection. 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: 6