Regional systems 99 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. 125

Select target paragraph3