CHAPTER I: ESTABLISHMENT AND ORGANISATION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
ARTICLE 30
An African Commission on Human and Peoples’ Rights, hereinafter called “the Commission”, shall be established within the Organisation of African Unity to promote human and peoples’ rights and ensure their protection in Africa.
ARTICLE 31
- The Commission shall consist of eleven members chosen from amongst African personalities of the highest reputation, known for their high morality, integrity, impartiality and competence in matters of human and peoples’ rights; particular consideration being given to personshaving legal experience.
- The members of the Commission shall serve in their personal capacity.
ARTICLE 32
The Commission shall not include more than one national of the same State.
ARTICLE 33
The members of the Commission shall be elected by secret ballot by the Assembly of Heads of State and Government, from a list of persons nominated by the State Parties to the present Charter.
ARTICLE 34
Each State Party to the present Charter may not nominate more than two candidates. The candidates must have the nationality of one of the State Parties to the present Charter. When two candidates are nominated by a State, one of them may not be a national of that State.
ARTICLE 35
- The Secretary General of he Organisation of African Unity shall invite State Parties to the present Charter at least four months before the elections to nominate candidates;
- The Secretary General of the Organisation of African Unity shall make an alphabetical list of the persons thus nominated and communicate it to the Heads of State and Government at least one month before the elections;
ARTICLE 36
The members of the Commission shall be elected for a six year period and shall be eligible for re-election. However, the term of office of four of the members elected at the first election shall terminate after two years and the term of office of three others, at the end of four years.
ARTICLE 37
Immediately after the first election, the Chairman of the Assembly of Heads of State and Government of the Organisation of African Unity shall draw lots to decide the names of those members referred to in Article 36.
ARTICLE 38
After their election, the members of the Commission shall make a solemn declaration to discharge their duties impartially and faithfully.
ARTICLE 39
- In case of death or resignation of a member of the Commission, the Chairman of the Commission shall immediately inform the Secretary General of the Organisation of African Unity, who shall declare the seat vacant from the date of death or from the date on which the resignation takes effect.
- If, in the unanimous opinion of other members of the Commission, a member has stopped discharging his dutiesfor any reason other than a temporary absence, the Chairman of the Commission shall inform the Secretary General of the Organisation of African Unity, who shall then declare the seat vacant.
- In each of the cases anticipated above, the Assembly of Heads of State and Government shall replace the member whose seat became vacant for the remaining period of his term, unless the period is less than six months.
ARTICLE 40
Every member of the Commission shall be in office until the date his successor assumes office.
ARTICLE 41
The Secretary General of the Organisation of African Unity shall appoint the Secretary of the Commission. He shall provide the staff and services necessary for the effective discharge of the duties of the Commission. The Organisation of African Unity shall bear cost of the staff and services.
ARTICLE 42
- The Commission shall elect its Chairman and Vice Chairman for a two-year period. They shall be eligible for re-election.
- The Commission shall lay down its rules of procedure.
- Seven members shall form the quorum.
- In case of an equality of votes, the Chairman shall have a casting vote.
- The Secretary General may attend the meetings of the Commission. He shall neither participate in deliberations nor shall he be entitled to vote. The Chairman of the Commission may, however, invite him to speak.
ARTICLE 43
In discharging their duties, members of the Commission shall enjoy diplomatic privileges and immunities provided for in the General Convention on the Privileges and Immunities of the Organisation of African Unity.
ARTICLE 44
Provision shall be made for the emoluments and allowances of the members of the Commission in the Regular Budget of the Organisation of African Unity.
