[français]
COMMUNICATIONS PROCEDURE The procedure followed by the Commission in considering complaints is of a highly confidential nature. It varies depending on whether the complainant is a State Party to the African Charter on Human and Peoples' Rights or not. If a State Party to the charter has good reasons to believe that another State Party to this Charter has violated the provisions of the latter, it may, either, refer the matter directly to the Commission or be contented with a negotiated settlement, by obtaining, in the latter case, satisfactory explanations or statements from the other State. Otherwise within three months from the date on which the original communication is received by the State to which it is addressed, either State shall have the right to submit the matter to the Commission by addressing a communication to the Chairperson, to the Chairperson of African Union Commission and the State concerned. If a complaint emanates from a person or organisation other than a State Party to the Charter (physical or moral person, private or public, African or international), the matter shall be considered by the Commission at the request of the majority of its members. Moreover, the Commission shall only embark on a substantive consideration of the matter after ensuring that the conditions of admissibility of the complaint have been met. In both cases, the Commission only considers a case after ensuring that all local remedies have been exhausted if any, unless if it is obvious to the Commission that this procedure is unduly prolonged. In any case, the Commission, after studying the complaint and exhausting all means to reach an amicable solution to the matter, submits a report together with such recommendations as it deems useful to the Assembly of Heads of State and Government which takes the final decision.
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