The Prohibition of Torture and Ill-treatment in the African Human Rights System: A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES to report on the forms and measures of redress available to persons whose rights under the Charter are violated. The Reporting Guidelines require States to report on the following questions regarding all civil and political rights under the Charter, including the prohibition of torture and ill-treatment:582 (1) Is the right included as a justiciable right under the national constitution? (2) Does domestic law allow for derogation or limitation of the right; if so, under what circumstances? (3) What remedies are available if this right has been violated? The State report should also describe the formal framework of legislative, administrative and other measures that give effect to the right, as well as the steps taken towards, and difficulties experienced in, the practical implementation of the right. Once a report has been submitted, its examination is placed on the agenda of a forthcoming Commission session. On the scheduled date, a representative of the State Party introduces the report. Thereafter, Commissioners pose questions, followed by the Government’s responses. In principle, the Commission then adopts ‘concluding observations’, which identify positive and negative features and make recommendations to the State Party.583 From the earliest examinations, there has been a tension between formal compliance, in terms of legal provisions, on the one hand, and substantive compliance on the other. Increasingly, Commissioners who also hold positions in Working Groups or as Special Rapporteurs have focused their questions on the particular issue under their mandates. When Namibia’s initial report was examined at the Commission’s Twenty-ninth Session, in April 2001, Commissioner Chirwa, Special Rapporteur on Prisons, asked questions regarding crowding and segregation in prisons. At the Commission’s Thirty-seventh Session, Commissioner Monageng, a member of the Working Group on Follow-up of the Robben Island Guidelines, asked the Rwandan delegation whether Rwanda had implemented those Guidelines and whether it had criminalised torture as a stand-alone offence.584 One of the major drawbacks of the State reporting procedure is the failure of some States to submit their reports. The following 11 States have never submitted a report to the Commission: Comoros, Djibouti, Eritrea, Guinea Bissau, Equatorial Guinea, Liberia, Malawi, Sao Tomé and Principé, Sierra Leone,Somalia and South Sudan.585 582 583 584 585 136 See ibid., paras. I.3, 4 and 8. Check: http://www.achpr.org/states/reports-and-concluding-observations. 37th Session, 27 April to 11 May 2005, Banjul, The Gambia. ACHPR, 34th Activity Report of the ACHPR, adopted at the 54th Ordinary Session of the ACHPR (22 October - 5 November 2013), section IV, para. 14.