100 PROMOTING AND PROTECTING MINORITY RIGHTS It was not until 2006, however, that the African Court on Human and Peoples’ Rights began functioning. The Protocol has been ratified by 26 of the 54 States of the African Union.126 Pursuant to article 5 of the Protocol, only States, the African Commission and African intergovernmental organizations have an automatic right to submit cases to the Court. However, five of the ratifying States – Burkina Faso, Ghana, Malawi, Mali and the United Republic of Tanzania – have made the declaration required under article 34 (6) of the Protocol to grant the Court the competence to receive cases from individuals and NGOs. The Court delivered its first decision in December 2009. The Court is empowered to issue advisory opinions on legal matters relating to the Charter or any other relevant human rights instruments, if requested to do so by a member State of the African Union, an organ of the African Union or any African organization recognized by the African Union (which includes eight regional economic commissions). Although not expressly stated in the Constitutive Act to be organs of the African Union, the African Commission and the African Committee of Experts on the Rights and Welfare of the Child are, through a decision of the Assembly, recognized as institutions within the framework of the African Union. Article 2 of the Protocol establishing the Court states that the Court shall “complement the protective mandate of the African Commission”. The Commission is entitled to submit cases to the Court (art. 5 (1)) and the Court may request the opinion of the Commission or transfer cases to it (arts. 6 (1) and 6 (3)). The two organs harmonized their interim rules of procedure in October 2009, including provisions on consultation between the Court and the Commission, seizure of the Court by the Commission, admissibility, representation of the Commission before the Court and the content of applications made to the Court. The African Court of Justice and Human Rights In July 2008, the African Union adopted another protocol, to create a single African Court of Justice and Human Rights, based in Arusha in the United Republic of Tanzania, to replace the present African Court on Human and Peoples’ Rights and the Court of Justice of the African Union.127 The Protocol entered into force on 11 February 2009 after it had been ratified by 15 States. Contacts and further information Secretariat of the African Commission on Human and Peoples’ Rights No. 31 Bijilo Annex Layout Kombo North District Western Region P.O. Box 673 Banjul The Gambia Tel: 220 441 05 05; 220 441 05 06 Fax: 220 441 05 04 E-mail: achpr@achpr.org The websites of the African Union (www.au.int) and the African Court on Human and Peoples’ Rights (www.african-court.org) contain all relevant documents on the African courts. The texts Algeria, Burkina Faso, Burundi, the Comoros, the Congo, Côte d’Ivoire, Gabon, the Gambia, Ghana, Kenya, Libya, Lesotho, Malawi, Mali, Mauritania, Mauritius, Mozambique, the Niger, Nigeria, Rwanda, Senegal, South Africa, the United Republic of Tanzania, Togo, Tunisia and Uganda. 126 Available from www.au.int/en/sites/default/files/PROTOCOL_STATUTE_AFRICAN_COURT_JUSTICE_AND_ HUMAN_RIGHTS.pdf (accessed 4 December 2012). 127