ANNEX – International and regional human rights systems • • • • • with the Charter of the OAU and with the African Charter on Human and Peoples’ Rights The communication must not be written in insulting language directed against the State or the OAU The communication must not be based exclusively on news from the media The complainant must have exhausted all available domestic legal remedies The communication must be submitted within a reasonable time from the date of exhaustion of domestic remedies The communication must not deal with a matter, which has already been settled by some other international human rights body. The merits In accordance with Rule 119, if the Commission decides that a complaint is admissible, it will inform the State concerned and the complainant. The State is then given 3 months to reply to the Commission providing explanations on the complaint and suggesting a way in which to remedy the situation. These will be forwarded to the complainant who will be given an opportunity to reply. Friendly settlement Once a communication is declared admissible, the Commission may offer its good offices to facilitate a settlement of the dispute. If a friendly settlement is reached, a report containing the terms of the settlement is presented to the Commission at its session. This will automatically bring consideration of the case to an end. If no agreement is reached, a report is submitted to the Commission and the Commission will take a decision on the merits of the case. Deliberations During the session in which the Commission is hearing the substance of the complaint, the Parties can make written or oral presentations to the Commission. Where the Commission does not have sufficient information from the Parties, it may undertake an ex 53 officio investigation, obtaining information from any other source. The decision/remedy On the basis of all of the information received, the Commission will make its ‘observations’ known to the parties. If a violation is found, it will make recommendations to the State Party concerned. However, the Commission does not have much power to secure compliance with its recommendations. b. The African Court on Human and Peoples’ Rights An African Court on Human and Peoples’ Rights was established on 25 January 2004. Under Article 5 of the Protocol on the Establishment of an African Court on Human and Peoples’ Rights, those who are entitled to submit cases to the Court include: the Commission, the State Party which has lodged a complaint to the Commission, the State Party against which the complaint has been lodged at the Commission, the State Party whose citizen is a victim of the human rights violation and African Intergovernmental Organisations. In addition, Article 5(3) specifies that “The Court may entitle relevant Non Governmental organisations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.” Article 27 of the Protocol specifies that: “if the Court finds that there has been violation of a human or peoples’ rights, it shall make appropriate orders to remedy the violation, including the payment of fair compensation or reparation. In cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, the Court shall adopt such provisional measures as it deems necessary.”