no representatives directing the affairs of the Committee. Tn any event, even if it
was so composed, that would still not make it be considered as an intergovernmental organisation.
74.
The Committee would bave to be expressly added to the list of entities
entitled to bring cases under ArLicle 5 of the Protocol, or be determined to be an
intergovernmental organisation in order to bring cases lo tho Court under that
Article in its current form . Thus, even though the CW!dren's Charter under which it
is established has States as "parties", the Committee as a body or organisation is
not "intergovernmental" in the sense that it is not composed of government
representatives. In addition, the Court is of the view that an organ cannot at the
same time be an international organisation as the former would ordinarily be part
of an organization whilst the latter lega11y stands on its own. Accordingly, ,the
Committee cannot bring cases to the Cowt alleging violations of human or
children's rights under Article 5 (1) (e) of the Protocol in U1e capacity of an
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"intergovernmental" organisation.
75.
In U1e Court's view, however, it is in the interests of protection of rights on
the continent that the Committee's mandate should be reinforced just as the Afi·ican
Commission's protective mandate
is
enhanced under the complementary
relationship with U1e Court. Indeed, there docs not appear to be a conceivable
reason why the Committee was not included among the organs that can bring cases
before the Court under Article 5 (1)
or lhe Protoc.ol,
in order to give it the same
reinforcement that the African Commission has under the complementary
relationship with the Court.
It should be noted that this apparent omission was
subsequently addressed and included in Article 30(c) ofthe Protocol on the Statute
21
M Hansungute, 'African courts and the African Commission on Human and Peoples' Rights", 251 . available at
http://www.kas.de/upload/auslandshomepageslnantlbia/Human Rights In Arrlca/8 HansunguJe.pdr (Accessed on 28 March 2013).
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