Regional systems
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observer status with the Commission. The Commission had also granted “affiliate status” to 22
national human rights institutions.
In May 1999, the Commission adopted a resolution on the criteria for granting NGOs observer
status (see above). NGOs applying for observer status should have objectives and activities which
are consistent with the fundamental principles and objectives of the Charter of the Organization
of African Unity and the African Charter, and, naturally, work in the area of human rights.
An NGO must send a written application to the Secretariat of the Commission at least three
months prior to an ordinary session of the Commission, providing “its statutes, proof of its legal
existence, a list of its members, its constituent organs, its sources of funding, its last financial
statement, as well as a statement on its activities”. The statement of activities should cover “the
past and present activities of the organization, its plan of action and any other information that
may help to determine the identity of the organization, its purpose and objectives, as well as its
field of activities”.
The Commission has been generous in granting observer status to NGOs and such status can
be sought by any minority rights organization in Africa. Having observer status entitles an NGO
to receive public documents and to participate in the public sessions of the Commission and its
subsidiary bodies. The Commission may consult with NGOs either directly or through committees
set up for this purpose. NGOs may distribute their documents, make oral interventions under
agenda items considered in public session and participate in working groups established by the
Commission.
The annex of the resolution on observer status also permits observers to request to have issues
of particular interest to them included in the provisional agenda of the Commission. This might
be a particularly useful tool for NGOs which would like to see more attention paid to issues of
minority rights and non-discrimination.
The rules of procedure do not require that documentation, other than the provisional agenda,
be distributed to NGOs in advance of the Commission’s sessions. However, all general
distribution documents are available to everyone at a session and NGOs should request relevant
documentation so that they can prepare their contribution to the debate.
NGOs cannot take the floor when States report to the Commission on the implementation of
the Charter. However, as noted above, they can provide alternative reports on States under
consideration by the Commission. Similarly, NGOs can take the floor during the general debate
on the reports of special rapporteurs.
Sessions of the Commission are preceded by a three-day Forum of Non-governmental
Organizations, organized by the African Centre for Democracy and Human Rights Studies,
which is based in Banjul, the Gambia.125 These have been important meetings for both NGOs
and members of the Commission, and they are among the most significant and practical ways in
which NGOs can help strengthen the African human rights system. The Forum adopts resolutions
on thematic issues and the thematic group on indigenous peoples has proposed a number
of resolutions over the years. Unfortunately, the thematic group on minorities does not meet
regularly and is therefore not systematic in issuing resolutions to be taken up by the NGO Forum
and forwarded to the Commission. Minority representatives and organizations should be aware
that the Forum is an effective means of raising issues of concern with the Commission.
The African Court on Human and Peoples’ Rights
The African Charter does not provide for a human rights court, but a protocol to create such a
court was adopted by the Organization of African Unity in 1998 and entered into force in 2004.
See www.acdhrs.org.
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