NGOs under European Convention on Human Rights / Tymofeyeva

on any given point’. 85 The expressions ‘any entity’ may definitely also include NGOs, but this, however, is not sufficient for clarification of the term ‘non-governmental organisation’. We find no mention of the word ‘NGO’ in the Inter-American Democratic Charter 86 or in the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights ‘Protocol of San Salvador’ . 87 Therefore, based on these documents we cannot give any explanation of the notion ‘non-governmental organisation’ in the Inter-American system for the protection of human rights. The right to environment is considered to be a new human right. 88 In this context, the North American Agreement on Environmental Cooperation deserves attention. Article 45(1) of this treaty specifies that an NGO includes “…any scientific, professional, business , non-profit, or public interest organization or association which is neither affiliated with, nor under the direction of, a government…” 89 for the purposes of the Commission for Environmental Cooperation of North America (CEC). 90 This is the first, among the previously analysed, international treaties, which includes business subjects as non-governmental organisations. Grammatical interpretation of Article 45 of the CEC agreement allows us to conclude that though non-profit subjects are included in the list of possible types of NGOs, the absence of activities in pursuit of gaining income is not an indispensable condition for a subject to be considered a non-governmental organisation. Such an understanding of the term ‘NGO’ in the current treaty is valuable, but we cannot guarantee that the Inter-American Commission and the Inter-American Court of Human Rights will feel bound by this explanation. African human rights mechanisms The African system of human rights protection is one of the youngest in the world. 91 It consists of proceedings before two bodies, the African Commission on 85 Rules of Procedure of the Inter-American Court of Human Rights approved by the Court during its LXXXV Regular Period of Sessions, held from November 16 to 28, 2009. 86 Inter-AmericanDemocraticCharter,September2001.URL: accessed 20 July 2015. 87 Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador”. 17 November 1988. 88 CULLET, P. Definition of an environmental right in a human rights kontext. Netherlands Quarterly of Human Rights, 1995, no. 13, p. 25. 89 Guidelines for Submissions on Enforcement Matters under Articles 14 and 15 of the North American Agreement on Environmental Cooperation. URL: accessed 20 July 2015. 90 The Commission for Environmental Cooperation of North America (CEC) is an international organization created by Canada, Mexico and the United States under the North American Agreement on Environmental Cooperation (NAAEC) to address regional environmental concerns, help prevent potential trade and environmental conflicts and to promote the effective enforcement of environmental law. The Agreement complements the environmental provisions of the North American Free Trade Agreement (NAFTA). 91 Human Rights in the Administration of Justice : a Manual on Human Rights for Judges, Prosecutors and Lawyers, New York: United Nations Publication, 2003, p. 72.

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