Protocol",
12
and that the use of the word "any" in the phrase "any African
Organization" in Article 4 (1) of the Protocol also indicates an intention to create
wider access to the Court.
35.According to the Centre, the Court has jurisdiction to provide advisory opinions on
the request of NGOs, such as SERAP, within the meaning of Article 4, and
"this
is
because
SERAP
meets
all
the
3 requirements
of the
third
category of entities that may request for advisory opinion from the Court,
that is, 'any African organization recognized by the OAU'. First, by virtue
of
its
geographical
location
in
Africa,
its
predominantly
African
management and membership, as well as its thematic focus on African
issues,
it
qualifies
as
'African'.
Second,
that
it
qualifies
as
an
'organization' within the ordinary meaning and context of Article 4 (1) of
the Protocol. Third, SERAP 'is recognized by the AU', having enjoyed
observer status with the African Commission since 2008".
36. The
Centre
concludes
that
SERAP
organization
recognized
by
the
consequently
request
an
advisory
for
is
therefore
African
Union",
opinion
from
"an
African
and
the
may
Court
pursuant to Article 4(1) of the Protocol.
VI. Position of the Court
37.ln accordance with the provisions of Rule 39, read together with
Rule 72 of the Rules, the Court will now decide whether it has
jurisdiction to render an advisory opinion on the Request before
i I. These Rules provide as follows:
12 International Commission of Jurists' additional Protocol, Article 28, to the African Charter on Human and Peoples' Rights, 5th
workshop on NGO participation in the African Commission on Human and Peoples' Rights (28-30 November 1993) Addis Ababa,
Ethiopia
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