42. Consideration of the above expression requires clarification of the phrases used
under Article 4(1) of the Protocol for the purpose of this opinion, namely: "African
organization", and "recognized by the AU".
i.
The notion of an African organisation
43.The Court notes that neither the Constitutive Act of the African Union
nor the Charter nor the Protocol define the term "African Organisation."
44. On the other hand, in the document titled the Criteria for granting
observer status and for a system of accreditation within the AU 14 , the
African Union defines an organisation as "a regional integration or
international organisation, including sub-regional, regional or interAfrican organisation that are not recognised as Regional Economic
Communities". It defines an NGO as "an organisation at the subregional, regional or inter-African levels, as well as those in the
Diaspora as may be defined by the Executive Council". This definition
is restated in the Protocol on the Statute of the African Court of
Justice and Human Rights which defines African Non-Governmental
Organization as "Non-Governmental Organizations at the sub-regional,
regional or inter-African levels as well as those in the Diaspora as
may be defined by the Executive Council".15
45. The Court is observes from the foregoing paragraph that there is still
no definition of 'African Organization', but notes however that the term
organization is defined.
46. The Court is of the view that the use of the term 'Organization' used in
the
abovementioned
instruments
and
the
expression
'African
14 EX.CU195 (VII) Annex V, adopted by the 7th Ordinary Session of the Executive Council and endorsed by the 5th Ordinary
Session of the Assembly held in Sirle, Libya, on 1-2 and 4·5 July 2005. respectively.
IS
Protocol on the Statute of the African Court of Justice and Human Rights, Preamble paragraph 6.
Page 13 of 19 ~
)["
1
I'A 0/ <;:
~~J~