separately. However, in describing the African organizations empowered to bring
requests for Advisory Opinion before the Court, the same Protocol in the same
provision makes reference only to organizations recognized by the African Union
and says nothing about those recognized by any organ of the African Union. Had
the authors of the Protocol wanted to also target African organizations recognized
by any organ of the African Union, they would certainly not have hesitated to make
this clear. In particular, had they wanted to target recognition by the Commission
through the granting of observer status, they would have explicitly made mention of
this as they did in Article 5 in which reference to observer status before the
Commission is indicated expressis verbis, with respect to seizure of the Court in
contentious matters.
55. Given the fact that the Member States of the African Union did not do so, one
IS
obliged to conclude that they deliberately did not wish to include African
organizations recognized by any organ of the African Union other than those
mandated to engage directly with the continental organization. 16
56. In the instant case, the term "recognized by the African Union" cannot be
understood as meaning "recognized by the African Commission on Human and
Peoples Rights".
57. It is established that in the system of the continental organization, the granting of
observer status to an NGO constitutes one of the forms of recognition of the latter.
58. With respect to the Commission, its Rules of Procedure of August 2010 provides in
its Article 68 that observer status may be granted to an NGO operating in the field
of human rights in Africa, enjoying the rights and discharging the duties as
stipulated in a separate resolution. In effect, Resolution No. 33 on the Review of the
Criteria for Granting and Enjoying Observer Status to Human Rights NGOs before
16
This inlerpretation of the term "recognized by the African Union" as per Article 4 (1) of the Protocol is founded on Article 31
(1) of the Vienna Convention of 1969 on the Law of Treaties which stales that "A treaty shall be interpreted in good faith in
accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and
purpose".
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