cooperation agreements signed between the African Union and
Member States or other institutions.
22. On the second issue, the Applicant contends that Article 34(6) excludes
jurisdiction being exercised by the only continental body charged with
considering allegations of Member State violations of their obligations
under treaties they had signed. In his view, it is difficult to imagine that
States would make declarations and/or enter some reservations that
undermine the obligations they had previously agreed to observe
willingly thus depriving the continental Court of any authority to hear
and determine cases of violations alleged by individuals and NGOs
against the States concerned.
23. On the last issue: the Applicant submits that every African worthy of the
name has the obligation to defend the Constitutive Act of the African
Union in the same manner as every citizen should defend the
constitution of his or her country. Referring to the provisions of Article
34(6), the Applicant is of the view that since the Application was not
directed against any Member State, it should not be rejected under the
said Article.
24. Furthermore, the Applicant alleges that Article 34(6) is at variance with
the Constitutive Act of the African Union because it is a violation of the
principles and objectives enshrined in the said Act. In that regard, he
quotes part of the Preamble of the Protocol according to which Member
States of the Organization of African Unity, State Parties to the Charter
were, "Firmly convinced that the attainment of the objectives of the
African
Charter on
Human
and Peoples' Rights
require
the
establishment of an African Court on Human and Peoples' Rights to
7-
cr-:::- 0
~foP ~ -
11 ~
JS ~
3S---