the Commission adopted at its 25th Ordinary Session held from 26 April to 5 May 1999, spells out in its Annex, the criteria for granting such status, the procedure to be followed before the Commission and the rights and duties of the NGOs granted the status. It naturally specifies that it is the Commission which, as the case may be, grants, suspends or withdraws observer status from NGOs. 59. Furthermore, in Rules 32 (3) (e) and 63(1), of its Rules of Procedure, the Commission itself makes a distinction between NGOs with observer status before it on the one hand, and the organizations recognized by the African Union, on the other, as regards the possibility for them to propose or add items for inclusion on the agenda of Ordinary Sessions of the Commission. 60. As regards the African Union per 5e, it has, separately, as an international organization also itself determined not only the criteria for granting observer status to NGOs but also the procedure to be followed and the competent organ in this regard. By its decision EX.CL 195 (VII), Annex V of 1 to 2 July 2005, the Executive Council of the African Union adopted the "Criteria for Granting Observer Status and for a System of Accreditation within the African Union", and this document was endorsed by the 5th Ordinary Session of the Assembly of Heads of State and Government of the African Union in July 2005. 61. On the granting of observer status to NGOs, the document spells out the applicable principles, the procedure for introducing the request as well as the rights and duties emanating from the status for the beneficiaries. It follows from the above, that a request for observer status must be submitted to the African Union Commission which then submits it to the Executive Council through the Permanent Representatives' Committee. It follows also that it is the Executive Council that is vested with power to grant, suspend or withdraw observer status from an NGO. The document underscores the fact that "the granting, suspension and withdrawal of observer status of an NGO, are the prerogative of the African Union and shall not be the subject of adjudication in any Court of Law or tribunal" (Section V 6). Page 17 of 19