The Committee therefore submits that as an organ of lhe AU, it has the locus
standi to bring a request for an advisory opinion before the Court as provided
49.
under Article 4( I) of the Court Protocol, acLing within lhe framew ork of the AU.
Observa tions submi tted by States and other entities
As already indicated above, the Membe r States that responded to the
Reques t, namely, Kenya, Senegal and Gabon, all of them suppor ted the request by
50.
the Committee in all its aspects.
On its part, the Commission argued that the Committee was entitled to
reques t for an Advisory Opinion as an "African Organization", but not as an organ
51 .
of the Union, within the meaning of Article 4(1) oflbe Protocol.
Consideration of the issue by the Court
52.
Article 4 (l) of the Protocol establishing the Court reads as follows:
'At lhe request of a Memb er State of the OAU, the OAU, any of its organs,
or any African organization recognized by the OAU, the Court may provide
an opinion on any legal matter relating to the Chruier or any other relevant
human rights instruments, provided that U1c subject matter of the opinion is
not related to a matter being examined by the African Comm ission' .
In the view of the Court, the provisions of Article 4 ( J) of the Protocol
implies the need for the Court to determine whether the Committee is an organ of
53.
the Union or an African organization recognised by the AU.
14