TERMS OF REFERENCE FOR THE SPECIAL RAPPORTEUR ON PRISONS AND CONDITIONS OF DETENTION IN AFRICA Mandate 1. In accordance with its mandate under Article 45 of the African Charter on Human and Peoples' Rights (The Charter), the African Commission on Human and Peoples' Rights (The Commission) hereby establishes the position of Special Rapporteur on Prisons and Conditions of Detention in Africa. 2. The Special Rapporteur is empowered to examine the situation of persons deprived of their liberty within the territories of States Parties to the African Charter on Human and Peoples' Rights. Methods of work 3. The Special Rapporteur shall 3.1 Examine the state of prisons and conditions of detention in Africa and make recommendations with a view to improving them; 3.2 Advocate adherence to the Charter and international human rights norms and standards concerning the rights of persons deprived of their liberty and the conditions in which they are held, examine the relevant national law and regulations in the respective States Parties as well as their implementation and make appropriate recommendations on their conformity with the Charter and with international law and standards; 3.3 Make recommendations to the Commission as regards communications submitted to it, by individuals who have been deprived of their liberty, by their families or representatives, by NGOs or other persons or institutions; 3.4 Propose appropriate urgent action. 4. The Special Rapporteur shall conduct studies into conditions or situations contributing to human rights violations of persons deprived of their liberty and recommend preventive measures. The Special Rapporteur shall coordinate activities with other relevant Special Rapporteurs and Working Groups of the African Commission and United Nations. 5. The Special Rapporteur shall submit an annual report to the Commission. The report shall be published and widely disseminated in accordance with the relevant provisions of the Charter. Means of implementing the mandate 6. The Special Rapporteur shall seek and receive information from States Parties to the Charter, individuals, national and international organisations and institutions as well as other relevant bodies on cases or situations which fall within the scope of the mandate described above. 7. In order to discharge his mandate effectively the Special Rapporteur should be given all the necessary assistance and co-operation to carry out on-site visits and receive information from individuals who have been deprived of their liberty, their families or representatives, from governmental or nongovernmental organisations and individuals. 8. The Special Rapporteur shall seek co-operation with States Parties and assurance from the latter that persons, organisations or institutions rendering or providing information to the Special Rapporteur shall not be prejudiced thereby. 9. Every effort will be made to place at the disposal of the Special Rapporteur resources to carry out his/her mandate. Duration of the mandate 10.This mandate will last for an initial period of two years which may be renewed by the Commission.