33. For its part, Articl e 34 (6) of the Proto col pro,·i des that:
"At the time of ratific ation of this Proto col or
any time thercHfLcr, the State shall make a
decla ration accep tmg the comp etenc e of the
Cour t to receiv e cases unde r Articl e 5 (3) of
this Prow col. The Cour t shall not receiv e any
petiti on unde r Articl e 5 (3) involv ing a State
Party which has not II'~ a de such a decla ration ".
34 . The effect of the foreg oing two provi sions , read toget her, is
that d1rec t acces s to the Cour t by an indiv1 d ual is subje ct to the
depos it b_v Lhc respo nden t State of a speci al decla ration
autho rizing such i:l case to be broug ht befor e lhe Court .
ed
35. As ment ioned earlie r, the Appli cant in h1s subm jssion averr
that "the t<epu bbc and State of Seneg al o.nd the Repu blic and State
of Chad , both mem bers of the Africa n Union , are Partie s to lhe
Proto col and have. respe ctivel y, made ihe decla ration as per Articl e
to
34 (6) of the Proto col aecep tmg the comp etenc e of the Cour t
For its part, Seneg al in its
receiv e Ca~es from indiv iduals " .
state ment of defen ce "scron gly asser ted that it did not make any
Africa n Court on
SUC'h decla ration accep ting Lhc..: jurisd iction or the
by
Hum an and Peopl es· Rtght s to hear appli catio ns broug ht
indtvi d uals"
36. ln order to resolv e this 1ssuc..:, Lhe Cour t reque sted the
Chair perso n of the Afric an Union Comm ission , depos itory of the
to
Proto col, to forwa rd to it a copy of Lhe list of lhe State s Partie s
said
the Proto col that have made the decla ratjon presc ribed by the
Legal
Articl e 34 16) , Unde r cover ing le-iter dated 29 June 2009 , the
in
Cou nR<' I of the :\fric an U mon Comm lRsio n Lrans rriltte d the list
of
q UL'stio 11, 8 nd the Court found that Seneg al was not on the list
the coun tncs that have made the said decla ration .
37 Cnnscqucntl~. the Cour t concl udes that Seneg al has not
accep ted Lhc JUris dictJo n of the Cour t to hear cases instit uted
al!J;
dirc:c tly again st the count ry by tndjvi d uals or non-g overn ment
~
ln th<.: circu msten ccs , the Cour t holds Lhat,
orgaru.~.aLJOns.
pursu ant to Articl e :34 (n) of the Proto col. it does not have
junsd 1c:llo n to h('clr lhL' applic HtJon .
~'c
)
I ll
;:-:c.