"... the expose appended to the Request does effectively indicate that SERAP is a
Nigerian NGO whose aim is to promote transparency and accountability in the public and
private sectors through human rights. It would appear, then, SERAP is an African
organization, and thus precludes the provisions of Article 4, which stipulates that it must
be an intergovernmental organization."
31. With respect to the issue as to whether SERAP is recognized by the AU, Cape
Verde observes that:
"SERAP enjoys observer status before the African Commission on Human and Peoples' Rights.
... It would appear reasonable to us to conclude that SERAP is recognized by the AU by virtue of
having been granted observer status before an organ established by the Union."
v.
Observations of Burkina Faso and Burundi
32. Burkina Faso and Burundi did not address the question of the jurisdiction of the
Court.
v. Observations of the amicus curiae:
the Centre for Human Rights, University of Pretoria
33.The Centre, acting as amicus curiae, and relying on Rule 45(1) of the Rules
of Court, argues that
"the ordinary meaning of the phrase 'any African organization recognized by the OAU', read
within the textual context of the Court Protocol as a whole, and in accordance with the object
and purpose of the Court's Protocol, supports an interpretation of this phrase that would
include NGOs.
34. The Centre argues that the preparatory documents (travaux preparatoires) of
the Protocol "suggest that the use of the phrase any African Organization was
understood in its ordinary meaning by all participants during the drafting of the
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