principles such as the rule of law, condemnation , rejection of impunity
and promotion of human rights as enshrined in the African Charter. The
Applicant is of the view further that Article 34(6) of the Protocol is an
impediment to justice as it prevents African citizens from having access
to the Court. especially victims of human and peoples' rights violations
who are unable to secure remedy from national Courts or from the
African Commission on Human and Peoples' Rights.
18. He also claims that this same Article 34(6) gives violators of human
and peoples' rights, especially the States, powers to prevent their
victims from making their voices heard and from obtaining justice.
19. The Applicant contends that the African Union cannot afford to be
viewed by Africans as an institution which adopts provisions preventing
African citizens from obtaining justice or places human rights violators
above the law.
20. In the addendum to his Application , the Applicant raises three issues:
the obligation for the African Union to ensure that its rules are
consistent with the Constitutive Act and the Charter, the jurisdiction of
the Court as a core factor ensuring that Member States honour their
obligations as set out in the Constitutive Act and the Charter and the
capacity of the Applicant to seize the Court.
21 . In regard to the first issue: the Applicant evokes the role of the African
Union as coordinator in ensuring that the decisions of the Union are in
conformity with the provisions of the Constitutive Act, other legal
instruments of the Union and draft treaties and conventions as well as
6
~~0.