Organization", but not as an organ of the Union, wiLhin the meaning of Article 4(1)
of the Protocol.
13
With regard to Al1icle 5(1) of the Protocol,
14
the African
Commiss ion also asserted that the Committee shou ld not be considered as ''an
intergovernmental organizat ion,. Nevertheless, the African Commiss ion left all
these issues to the appreciation of the Court.
IV.
THE JURISDICTION OF THE COURT
33.
AJthough the Court will focus on jurisdicti on in this section, il cannot lose
sight of the fact thai there are also other mallers relating to contents of lhe request
that must be considered.
34.
Pursuant to the provisions of A11icle 4 (1) of the Protocol, the Court may
provide an opinion on any legal matter relating to the Charter or any other
relevant human rights instruments, provided that the subject matter of the opinion
is not related to a matter being examined by the Commission.
35. Rule 68 (l) of the Rules provides that 'cRequests for Advisory optnton
pursuant to Article 4 of the Protocol may be filed wiU1 lbe Court by a Member
State~ by the Afr]can Union, by any organ of the African, Union or by an African
orgaruzation recognjsed by the African Union. The request sl1all be on legal
matters and shall state with precision the specific questions on which the opinion
of the Court is being sought',. Tn addition, sub-parag raph 2 requires that "any
request for advisory opinion shall specify the provision s of the Charter
or of any other internati onal human rights instrume nt in respect or
which the advisory opinion is being sought, the circumsta nces giving
addresses of the
rise to the request as well as the names and
represen tatives of the entities making the request".
13
Ref AtcHPR/Reg./ADV /002/2013/018 , at page 3, paragraph 3.1. page 13, al paragraph 3 30
3 35 and 3 37to
,. Ibid, at pages 4 to 9, paragraphs 3.5, 3.8 to 3.18; page 11 , paragraph 3.23; pages 14 to 18, paragraphs 3.34,
3.42.
10