PART A: Background to the African Regional Human Rights System Session’.54 The adoption of the African Commission’s Twenty-Ninth Activity Report was further delayed in July 2011, along with the Thirtieth Activity Report, before both were eventually adopted in January 2012.55 In June 2006 the Council also decided to delay the publication of a decision against Zimbabwe contained in the Commission’s Twentieth Activity Report,56 and allowed the Zimbabwean Government another opportunity to comment on the case, although it had already participated in the hearing of the matter.57 The decision was included in the Twenty-First Activity Report.58 These actions of the Executive Council are indicative of a degree of defensiveness amongst Member States concerning public criticism of their human rights records. 3. Promotional Mandate and Special Procedures (Rapporteurs) Under Article 45 of the Charter, the responsibilities of the African Commission include promotional work through standard-setting, including the formulation of ‘principles and rules aimed at solving legal problems relating to human and peoples’ rights and fundamental freedoms upon which African Governments may base their legislations’;59 advisory work, including the interpretation of the Charter ‘at the request of a State Party, an institution of the AU, or an African organisation recognized by the AU’;60 and awareness-raising programs such as conferences, seminars, and symposia.61 The Commission also receives and considers periodic reports that States Parties are required to submit under Article 62, as discussed in further detail in Part D. The Commission monitors State compliance with Charter provisions by receiving and considering these reports.62 Over time, however, the Commission has taken the initiative to establish other mechanisms to supplement its initial mandate. One of these mechanisms was the establishment of the position of Special Rapporteur. The Commission established and appointed the following Special Rapporteurs and other special mechanisms: the Special Rapporteur on Extra-Judicial, Summary and Arbitrary Executions in Africa (in 1994), the Special Rapporteur on Prisons and Conditions of Detention 54 55 56 57 58 59 60 61 62 AU Executive Council, Decision on the Activity Report of the ACHPR, EX.CL/Dec.639(XVIII), paras.4 and 6. AU Executive Council, Decision on the Activity Report of the ACHPR, EX.CL/Dec.666(XIX). Ibid. AU Executive Council, Decision on the Activity Report of the ACHPR, EX.CL/Dec.310(IX), para. 2. ACHPR, Twenty-First Activity Report, adopted in November 2006, EX.CL/322 (X). African Charter, supra note 9, Article 45(1)-(b). Ibid., Article 45(3). Ibid., Article 45(1)(a). Ibid., Article 62. 29

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