NGOs under European Convention on Human Rights / Tymofeyeva

Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights. 92 One of the most important sources in the proceedings before these bodies is the African (Banjul) Charter on Human and Peoples’ Rights . 93 Unfortunately, it does not contain any provision referring to the term ‘non-governmental organisation’. In accordance with Article 33 of the Rules of the African Court on Human and Peoples’ Right s, among the list of persons who have access to the African Court we may find “a non-governmental organization which has observer status before the [African] Commission provided the requirements of article 34(6) of the Protocol are met”. 94 ‘Protocol’ in this provision of the Rules of the African Court is to be understood as the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights . Article 34 of this Protocol specifies that the African Court takes the submissions fromNGOs only if the member state has made a declaration accepting the competence of the African Court to receive such cases. In addition, such NGOs must obtain observer status before the African Commission on Human and Peoples’ Rights. The African Commission on Human and Peoples’ Rights, meeting in its 25th Ordinary Session, held in Bujumbura, Burundi, from 26 April – 5 May 1999, adopted the Resolution on the Criteria for Granting and Enjoying Observer Status to Non-Governmental Organizations Working in the field of Human and Peoples’ Rights (hereinafter also referred to as the ‘Criteria’). Under Chapter I of the Criteria, an organisation applying for observer status with the African Commission shall have objectives and activities in consonance with the fundamental principles and objectives enunciated in the Charter of the Organization of African Unity (hereinafter also referred to as the ‘OAU Charter’) and in the African Charter on Human and Peoples’ Rights. 95 It shall be only organisations working in the field of human rights, which declare their financial resources. 96 Such a definition shows that the African Commission and the African Court on Human and Peoples’ Rights are also adhered to the traditional understanding of NGO, where business entities and political parties are excluded from its content as they do not engage directly in the area of human rights. Similarly, as the NGOs cooperating with the United Nations, non-governmental organisations belonging to the area of influence of the Organization of African Unity (hereinafter also referred to as the ‘OAU’) must also follow the aims of this organisation. In addition, NGOs in the sense of OAU treaties should conduct an activity focused not only on human, but also on people’s rights. 92 GAWANAS, B. The African Union: Concepts and implementation mechanisms relating to human rights (online) and KEETHARUTH, Sheila B. Major African legal instruments (online). URL: accessed 20 July 2015. 93 African (Banjul) Charter on Human and Peoples’ Rights. Adopted ob 27 June 1981, OAU Doc. CAB/ LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force on 21 October 1986. 94 Rules of the African Court on Human and Peoples’ Rights, entered into force on 2 June 2010. 95 ResolutionontheCriteriaforGrantingandEnjoyingObserverStatustoNon-GovernmentalOrganizations Working in the field of Human and Peoples’ Rights, cited above. 96 Ibid.

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