98 PROMOTING AND PROTECTING MINORITY RIGHTS admissible. An author, his or her legal representative and the State are entitled to be represented at the hearing. Since 1994, the Commission has undertaken a number of on-site investigations of communications, although these may occur only with the consent of the State concerned. Reports from such missions are adopted as part of the proceedings and may also be published by the Commission separately, prior to a final decision on the communication. The Commission also may take into account information provided by United Nations special procedures (see chap. IV) in determining whether allegations contained in individual complaints are well founded. After hearing the parties and completing any investigation, the Commission deliberates, reaches its decision and adopts its report in the case.121 All of these actions are taken in camera. However, NGOs recognized as observers “may be invited specially to be present at closed sessions dealing with issues of particular interest to them”.122 The Commission’s conclusions are not legally binding on States, but the Commission does reach direct conclusions that a State has (or has not) violated specific articles of the Charter. If the Commission concludes that Charter rights have been violated, it adopts recommendations and indicates appropriate remedial measures for the harm suffered by the victim(s). The recommendations of the Commission are sent to the parties and annexed to the Commission’s annual report, publication of which is approved every year by the Assembly of the African Union. At any time, a case may be closed if the parties reach a settlement. Although the Commission is not specifically directed under the Charter to seek such a “friendly settlement”, the Commission has made it clear that this is its preferred course. “The main goal of the communications procedure before the Commission is to initiate a positive dialogue, resulting in an amicable resolution between the complainant and the State concerned, which remedies the prejudice complained of. A pre-requisite for amicably remedying violations of the Charter is the good faith of the parties concerned, including their willingness to participate in a dialogue.”123 Fact-finding missions The African Commission also undertakes fact-finding missions to investigate allegation of serious and massive human rights violations within a member State, as provided for in article 58 of the Charter (which refers to these as “special cases”). Reports on two such missions, to the Sudan (2004) and Zimbabwe (2002), have been published.124 The report on a third mission, to Mali and Mauritania, was not made public. The role of NGOs The African Charter makes no express reference to NGOs, but the rules of procedure of the Commission authorize it to grant observer status to NGOs. Currently, 414 NGOs have formal Since 1994, the Commission has published its decisions (on both admissibility and merits) on individual complaints as an annex to the annual activity reports it submits to the Assembly of Heads of State of the African Union (available from www.achpr.org). The Institute for Human Rights and Development in Africa (IHRDA) has also published the African Commission’s decisions on communications, in two volumes covering the periods 1994-2001 and 2002-2007 respectively (available from ww.ihrda.org/documents). 121 Resolution on the Criteria for Granting and Enjoying Observer Status to Non-governmental Organizations Working in the Field of Human Rights with the African Commission on Human and Peoples’ Rights adopted at the 25th Ordinary Session of the African Commission on Human and Peoples’ Rights, Bujumbura, Burundi, 5 May 1999. 122 Communications Nos. 25/89, 47/90, 56/91 and 100/93, Free Legal Assistance Group and Others v. Zaire (1995). 123 Available from www.achpr.org/english/_info/reports_en.html (accessed 4 December 2012). 124