62. Given the fact that recognition is valid only if it emanates from the competent authority
according to the internal rules of the international organization concerned, recognition
by the Africa Union is valid only where the said recognition emanates from the
competent organ, namely in this case, the Executive Council of the African Union.
63. It follows from the aforesaid distinction between the two systems that NGOs with
observer status before the Commission do not automatically have observer status
before the African Union and vice versa. The two statuses are therefore not
interchangeable and there is no system of equivalence between the two.
64. Consequently, it is clear that the authors of the Protocol intended that requests
for Advisory Opinion from NGOs be limited to those with observer status before OT a
Memorandum of Understanding with the African Union.
65. Accordingly, since SERAP does not have observer status before or a
Memorandum of Understanding with the African Union, as referred to in paragraph
61 above, it is not recognised by the latter, and therefore it is not entitled to bring a
request for advisory opinion before this Court.
For these reasons, the Court, unanimously:
Declares that it does not have personal jurisdiction to give an opinion on the present
Request.
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