the
On the first .issue relatin g to a reques t for an adviso ry opmw n,
adviso ry
Comm ittee submi ts lhat it is one of the bodies entitled to reques t for an
45.
before the
opinion under Articl e 4 (l) of the Protocol, and that it has locus standi
work of
Court as an u1 gan establ ished, recogn ised and operat ing within the frame
the AU.
in its
46. The Comm ittee furthe r submi ts that the interp retatio n of a treaty
to this,
ordina ry meani ng is an impor tant eleme nl of intern ationa l Jaw. Wiib·r egard
bly for
it cites the ICJ Advis ory Opini on on the Comp etence of the Gener al Assem
the Admis sion of a State to the United Nation s in which the lCJ held that
the
'[Tjbe first duty of a tribw1al which is called upon to interp ret and apply
l
provis ions of a treaty, is to endea vour to give effect to them in their natura
nt
and ordina ry meani ng in the contex t in which they occur. If the releva
that
words in th eir natura l and ordina ry meani ng make sense in their contex t
15
is the end of the matte r.'
r,
The Comm ittee goes on to refer to Articl e 32 of the Childr en's Charte
re of the
which provid es U1at 'An Africa n Comm ittee on the Ri ghts and Welfa
47.
promo te
Child" shall be establ ished within the Organ ization of Africa n Unity to
and protec t the rights of childr en.'
The Comm ittee assert s that in its ordina ry and natura l meani ng and within
that the
the contex t of the said Chruie r, the provis ions of the article cleru·ly show
the Union
Comm ittee is an organ of the AU, establ ished within the frame work of
bly,
and that, this positio n, is cemen ted by the 2002 Resolu tion of the AU Assem
within the
which directe d that the Childr en's Comm ittee 'shall hence forth operat e
48 .
frame work of the Africa n Union '.
15
'
8
16
ICJ Reporls (1950) 8
AU Doc ASSIAU/Dec.1 (I} xi.
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