institution of the OAU or an African Organization recognized by the OAU'.
Accordingly, the Commission's protective and interpretive mandates under
the African Charter flow from the aforementioned provisions and should be
read together with the relevant substantive provisions in the Charter to
determine its material jurisdiction in a given matter12 .
47. The question which follows is whether the Commission's contentious
jurisdiction extends to the substantive provisions of treaties other than the
African Charter, including the Protocol.
48. The Commission notes in this respect that the provisions of the African Charter
do not expressly confine its contentious jurisdiction to the substantive
delimitations outlined in the Charter. Indeed, the African Commission,
congruent to the practice of other human rights treaty bodies has progressively
adopted various approaches for shaping its material jurisdiction, either
through a teleological interpretation of the Charter or the adoption of a treaty
supplement.
49. The second approach refers. to the adoption of tre~ty supplements, commonly
referred to ,as ~protocols'. In this respect, while a 'Convention' or 'Charter'
denotes a formal agreement between States, a protocol is one of the means
through which the agreement can be modified. Protocols modify the parent
treaty in at least three ways13 : first, they elaborate on or clarify a substantive
provision existing in the parent treaty; second, they address a new substantive
area that has not been included in the original text of a treaty; and lastly, they
address procedural aspects related to the operation, and enforcement of the
parent treaty14 . Notably, a single protocol can modify the parent treaty in all
three respects. Accordingly, as instruments derived from the parent treaty, they
only apply to those State parties that have agreed to be bound by the parent
treaty. However, protocols do not automatically bind these State Parties unless
they independentl)f: ratify the protocol, and are thus" optional" in nature.
50. In summary, whereas a teleological interpretation does not ipso facto extend the
contentious jurisdiction of the treaty body, but rather adds a different
dimension to existing boundaries, the adoption of protocols can and often
results in extending these boundaries. Accordingly, the African Charter,
through the operation of Article 66 read with Article 45, provides the avenue
for extending the Commission's contentious jurisdiction to other treaties. This
finding does not strictly preclude the development of treaties outside of the