/As s/D ec.l (i) (xi), adopted at
Tbe Court notes that in 2002, by decision AU
Uni on decided that 'the Committee
its Firs t Ordinary Session, the Assembly of the
rk of the Uni on.' This decision
wou ld henceforth ope rate with in the framewo
ining the specific mandate of the
sho uld be taken into con side ratio n when exam
of Lhe Committee's operations, its
Committee and its nature, the actual practice
ns of the AU. The Court further
status and relationship with the policy orga
created the Committee, has been
observes that the Chi ldre n's Charter, whic.h has
nization, the then OAU. It shou ld
adopted under the aeg is of the Pan African orga
rvations on the Request, expressed
be note d that all the Stat es that submitted obse
Un ion.
the view U1at the Com mitt ee is an organ of the
54.
specialised body of the AU in
The Cout1 is min dfu llha t the Committee is a
s of an organ of U1e Uni on in term s
the area of child rights and has all the attribute
geting processes, as well as U1e
of reporting, its quasi-judicial nature, its bud
In tllis regard, the Cow 1no tes that
man ner in whi ch it reports to the policy organs.
manner as other AU Organs and is
the Conunittee is always treated in the same
and the Assemb ly of the Union,
listed in the Agendas of the Exe cutive Council
amo ng "org ans of lhe Uni on" for
whi ch are fonn ally adopted by those organs,
osed budgets and annual reports.
purposes of submission and consideration of prop
rts of U1e Committee also appear
Decisions of tho Policy organs on lhe annual repo
are listed under Article 5 of the
next to those of the othe r organs, which
55.
Constitutive Act.
t is satisfied that even though
Tak ing all these factors into account, the Com
the Union Lo the effect that the
ther e has not been any forma] decision of
the poli cy organs of the AU have
Co1Ill1littee shall be an organ of the Union,
It would appear that the Assembly
treated the Committee as an organ of the Union.
56.
15