It Lhus argues that the Court can play a complementary and reinforcing
role with regard to adjudication, both in relation to the African Commission and
31
30
the Committee and as a 'remedy to the shortcomings of these bodies.
resources.
29
In light of these conside rations, the Cumm ittee concludes that an
overarch ing goal of the Protocol establ ishing the Court is to create an institutional
82.
framework for complementarity between the Cowt, the African Commission and
32
the Committee, and that, in line with the respect ive mandates, the Committee
should have standing before the African Court, as a quasi-judicial body making
non-binding recommendations.
According lo the Commission's view, 'Articl e 5 of the Protocol aims to do
nothing more than prescribe who may approa ch the Court. In particular, Article
83.
S(l)(e) of the Court's Protoc ol aims to grant "African intergovernmental
organisations" access to lhe Comi. There may be many entities which if allowed
to approa ch the Court it would enhance or further the broader objects and purpose
of protection of bmnan and peoples' rights. However the broade r objects and
purpos e of protecting human and peoples' rights does not define who is granted
access to the Court. Rather which entities are eventually granted access to the
Court is prescribed under the relevant law. ln lhis regard Article 5 of the Court's
Protocol prescribes who may access the Court. The Committee is neither listed
under Article S(l)(a)-(d), nor in the
Comrnission'~S
v1ew an "African
intergovernmental organisation" as under Article S(l)(e) thereo f.
of Afncan Court of Human and Peoples' Rights',
F Viljoen (no 14 above), 416 African Union, 'lnfonnatlon note of the first meeting
on 4 Aprtl 2013)
(accessed
_court
he_african
nt_on_t
d_docume
hackgroun
nunfonorgl
available at 'MNW,afnca
211
Human Rights System· Issues of functions and
so S T Eborah, 'Towards a positive application of complementarity in the Afncan
merits and dements of the Afncan Charter on
'The
Chlrwa
M
0
672,
Law
e/
lntematton
of
Journal
European
Tile
relations (2011) 22
170
Rights
Chtldren's
on
Journal
a/
lntomelion
The
0
1
the Rights and Welfare of the Child' (2002)
11
(n 15 above) 672
Ebobrah
of the Poacher tumed gamekeeper',
~ D Juma 'Access to the African Court on Human and Peoples' Rights: A Case
2013).
http1 /papers.ssrn.com/so13/papers.cfm? abstract_id-1391482 (accessed 6 March
24