9. The Court notes further that Article 34(6) of the Protocol provides that: "At the time of the ratification of
this Protocol or any time thereafter, the State shall make a declaration accepting the competence of the
Court to receive cases under Article 5(3) of this Protocol. The Court shall not receive any petition under
Article 5(3) involving a State Party which has not made such a declaration".
10. The Court observes that CONASYSED does not have observer status before the Commission and
furthermore, the Republic of Gabon has not made the declaration required under Article 34(6).
11. In view of Articles 5(3) and 34 (6) of the Protocol, it is evident that the Court manifestly lacks jurisdiction
to receive the Application submitted by CONASYSED against the Republic of Gabon.
12. For these reasons,
THE COURT,
Unanimously:
Decides that pursuant to Articles 5 (3) and 34 (6) of the Protocol, it manifestly lacks jurisdiction to receive
the Application submitted by CONASYSED against the Republic of Gabon, and the Application is
accordingly struck out.
Done in Accra, this Fifteenth day of December 2011, in English and French, the French text being
authentic. (signed)
Sophia A. B. AKUFFO, Vice-President
Robert ENO, Acting-Registrar
In conformity with Article 28 (7) of the Protocol and Rule 60 (5) of the Rules of Court, Judge Fatsah
OUGUERGOUZ appended a separate opinion to the present decision.
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