organization'
in
Article
4
of
the
Protocol
covers
both
Inter-
governmental and Non-governmental organizations.
47. The Court considers that had the drafters of the Protocol intended to
limit the phrase 'African Organization', as used in Article 4 of the Protocol,
only
to
African
Inter-governmental
Organizations,
they
would
have
specifically done so, as they did in Article 5 thereof relating to contentious
matters. The Court is of the view that this was not an omission, but a
deliberate formulation, aimed at giving wide access to the Court by 'African
organizations'; which interpretation is in keeping with the letter and spirit of
Article 4, as well as the object and purpose of the African Charter.
48. In
the
light of the
above,
the
Court
is
of the
opinion
that
an
organization can be considered 'African', with regards to NGOs, which
are relevant in the present Request, if they are registered in an
African
State,
has
structures
at
the
sub-regional,
regional
or
continental level, or undertakes its activities beyond the territory
where it is registered, as well as any organization in the Diaspora
recognized as such by the African Union.
49. Applying the above definition of an African Organization to the instant
matter, the Court notes that SERAP is an organization headquartered in
an African country, and operating within that country, as well as at the
sub-regional and continental levels. Article 2(a) of its Statute indicates
that the objectives of SERAP are
"to promote, protect and ensure
respect for economic, social and cultural rights in Nigeria in accordance
with the Nigerian Constitution, the African Charter on
Human and
Peoples' Rights, the International Covenant on Economic, Social and
Cultural Rights, the Universal Declaration of Human Rights and other
similar instruments".
Article
3 of the
same
Statute describes
the
organization's working methods, which include, inter alia, "collaborate
with the local and international organizations and agencies involved in
the promotion and protection of human rights and the rule of law, and in
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