having signed an MoU with the AU … it is accordingly formally recognised by the
AU, thus meeting the criteria set forth by this Honourable Court.”
20. To illustrate its involvement all over Africa, it affirms that it “is routinely involved
in the activities of the Office of the Legal Counsel of the AU (OLC-AU);
Department of Political Affairs of the African Union Commission (DPA-AUC);
African Court; African Commission; African Union Commission on International
Law (AUCIL); African Union Advisory Board on Corruption (AUABC) and the Pan
African Parliament (PAP), amongst others”.
21. The Author affirms that it “also regularly engages the African Regional Economic
Communities (RECs), including the East African Community (EAC), Economic
Community of West African States (ECOWAS), Common Market for Eastern and
Southern Africa (COMESA), Inter-Governmental Authority on Development
(IGAD), Southern African Development Community (SADC) and the International
Conference of the Great Lakes Region (ICGLR), especially on their interface with
the AU.”
***
22. To determine whether it has personal jurisdiction, the Court must satisfy itself that
the Request has been filed by one of the entities contemplated under Article 4(1)
of the Protocol.7 In the instant case, the question that arises is whether the Author
is an “African organization recognised by the AU” in the meaning of this provision
of the Protocol.
7
Request for Advisory Opinion by The Socio-Economic Rights and Accountability Project (Advisory
Opinion) (26 May 2017) 2 AfCLR 572, § 38.
7