Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation As to the function of promoting human and peoples’ rights, the Commission shall, in the first place, in particular, collect documents, undertake studies and researches on African problems, organize conferences, encourage domestic human rights institutions, and, “should the case arise, give its views or make recommendations to Governments”; second, it shall “formulate and lay down principles and rules aimed at solving legal problems relating to human and peoples’ rights”; lastly, it shall cooperate with other African and international institutions concerned with the promotion and protection of these rights (art. 45(1)). With regard to the Commission’s function of ensuring “the protection of human and peoples’ rights under conditions laid down by the ... Charter” (art. 45(2)), the Commission not only has competence to receive communications from States and other sources, but is also authorized to “interpret all the provisions of the ... Charter at the request of a State Party, an institution of the OAU or an African Organization recognized by the OAU” (art. 45(3)). v inter-State communications: if a State party “has good reasons to believe that another State Party to this Charter has violated the provisions” thereof, “it may draw, by written communication, the attention of that State to the matter” (art. 47). The State to which the communication is addressed has three months from the receipt of the communication to submit a written explanation. If the matter has not been “settled to the satisfaction of the two States involved through bilateral negotiation or by any other peaceful procedure”, either State can bring it to the attention of the Commission (art. 48). Notwithstanding these provisions, a State party can refer the matter directly to the Commission (art. 49). However, the Commission can only deal with the matter after all domestic remedies have been exhausted in the case, “unless ... the procedure of achieving these remedies would be unduly prolonged” (art. 50). The States concerned may be represented before the Commission and submit written and oral statements (art. 51(2)). When in possession of all necessary information and “after having tried all appropriate means to reach an amicable solution based on the respect of Human and Peoples’ Rights”, the Commission shall prepare a report “stating the facts and its findings”, which shall be sent to the States concerned and to the Assembly of Heads of State and Government (art. 52). In transmitting its report, the Commission may make to the aforesaid Assembly “such recommendations as it deems useful” (art. 53). v communications from sources other than those of States parties: the Charter does not specify whether the Commission is competent to deal with individual complaints, as such, but merely provides that, before each session of the Commission, its Secretary “shall make a list of the communications other than those of States Parties ... and transmit them to the members of the Commission, who shall indicate which communication should be considered by the Commission” (art. 55(1)). However, certain criteria have to be fulfilled before the Commission can consider the case. Thus: (1) the communication must indicate the author; (2) it must be compatible both with the Charter of the OAU and with the African Charter on Human and Peoples’ Rights; (3) it must not be written “in disparaging or insulting language”; (4) it must not be “based exclusively on news disseminated through the mass media”; (5) it must be submitted only after all domestic remedies have been exhausted, “unless it is obvious that this procedure is unduly prolonged”; (6) it must be submitted “within a reasonable period from the time local remedies are 76 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers