also suppmtiv e of effo1ts to internationalise hwnnn rights and develop the regional
human rights system as a complementary layer. 42
89.
Accordin g to the Committe e, Article 5 (I) (e) of the Court Protocol should
therefore be interpreted holistically to include it as having standing before U1e
Court. It submits that the intention to grant it standing before the Court is
demonstrated by Article 30 (c) of the Protocol on the Statute of the African Court
of Justice and Human Rights adopted on J July 2008, which grants the Committee
direct access to the Court. There is, therefore, the need to interpret the provisions
of Uus Protocol in the spirit of lhis evolving context.
90.
The Committt!e submits that a purposive reading of Article 5 (J) (e) of the
Court Protocol in line with Article 4 (1) of Lhe Children' s Charter leads to the
conclusio n that the Committe e qualifies to submit cases to the African Cowt. This
approach, the Committe e adds, would mirror U1e object and purpose of the Court
Protocol, which is to strengthen the Afi·ican human rights system. 43
91.
Making its observations on this limb of the Request, the Commiss ion
observes, first, that the framing of this question by the Committe e 'presuppo ses
that the Conunittee is "an African Intergovernmental Organisa tion".' It goes on to
argue that 'whereas the Committe e is an African organisation, the Commission
opines that it is not an "intergovcmmental" one'. The Commiss ion goes on to
assert that 'even though the Committee it is an African treaty organisation, it is not
an "intergove1nmental" organisation. 44 H is as suggested above simply an
•a Juma (n 26 above)
' ' Viljoen (n 13 above) 407.
L4 For Example. the ASEAN Intergovernmental Commission on Human Rights (AICHR)
provided for under Art 14 of the Charter of
the Assooalion of South-East Asian Nations (ASEAN Charter) AICHR Is, as. the name Indicates an "tnlergovernme
ntal''
organtsatlon. Its composition (membership) as prescribed under Article 5.1 of the Terms of Reference
of lhe ASEAN
Intergovernmental Commiss1on for Human Rights Is "member stales of ASEAN"
l l@?_
1
27