particular, encourage a closely-knit and effective network of African
human rights advocates and organizations".
50. In the exercise of its mandate, SERAP has brought cases, petitions and requests
for advisory opinion before the ECOWAS Community Court of Justice, the African
Commission on Human and Peoples' Rights and the African Court on Human and
Peoples' Rights, against a number of African countries, including, Nigeria, The
Gambia and Libya.
51. It follows from the foregoing that SERAP operates not only in Nigeria,
but also within the West Africa region and the continent as a whole,
and thus meets the description of an African organization within the
meaning of Article 4 of the Protocol.
ii.
The meaning of the expression "recognized by the African Union"
52. It has been argued by the Applicant and certain States as well as the amicus curiae
that every NGO with observer status before any organ of the African Union,
particularly the Commission, is automatically an organization recognized by the
African Union within the meaning of Article 4 (1) of the Protocol.
53. In the view of the Court, only African NGOs recognized by the African Union as an
international organization with its own legal personality are covered by this Article,
and may bring a request for Advisory Opinion before the Court. As a matter of fact,
not only does Article 4 (1) of the Protocol make a clear distinction between "the
African Union" on the one hand, and "any organ of the African Union" on the other,
but in fact, the African Union has developed a system of recognition of NGOs
distinct from that of the Commission.
54. Pursuant to Article 4(1) of the Protocol, in determining the entities empowered to
make a request for Advisory Opinion, the Protocol clearly establishes a distinction
between the African Union and any organ of the African Union and targets the two