This is a short piece highlighting the significance of ‘observer status’ for NGOs considering bringing a case before the Court.
This site regularly refers to the important Special Declaration (see Articles 5(3) and 34(6) of the Protocol) which allows individuals and relevant NGOs with observer status to apply directly to the Court. Too often we tend to pass over the ‘with observer status’ caveat for NGOs. This caveat however is crucial for NGOs considering bringing a case before the Court. ‘Observer status’ is a separate standing granted by the African Commission on Human and Peoples’ Rights and must be applied for in addition to any in-country registration. We have seen in the recent case of Mtikila and others v. Tanzania (as well as others) that when NGOs make applications before the Court, the first thing the Court will do is enquire about the status of the NGO with the Commission. From this we can see that being registered within your own country is not enough, and applications made by NGOs without observer status will fall at the first hurdle.
Continue reading The importance of ‘observer status’ for NGOs