b)
Material jurisdiction
47.Article 3(1) of the Protocol provides that “the jurisdiction of the Court shall extend
to all cases and disputes submitted to it concerning the interpretation and application
of the Charter, this Protocol and any other relevant Human
Rights instrument ratified
by the State concerned”.
48.The
Court
has already
Charter on Human
State
became
Democracy
noted
that the Respondent
State is a Party to the
Rights and the Protocol. It notes also that the Respondent
a Party to the Covenant
Protocol
on
31
July
on 26
2013,
and
March
1992,
to
African
the
the ECOWAS
Charter
on
Democracy on 28 November 2013.
49.The
Court
however
also
has
to satisfy
itself that these
two
instruments,
namely: the African Charter on Democracy and the Democracy
Protocol, are
human rights instruments within the meaning of Article 3 of the Protocol.
50.The Court recalls that it sought the opinion of the African Union Commission
and the African Institute for International Law on this issue.
51.The African Union Commission
points out that the objectives of the African
Charter on Democracy as spelt out in Article 2 (1) thereof include, to “promote
adherence, by each State Party, to the universal values and principles of democracy
and respect for human rights”; that by Article 3 (1) of the same
Charter, State
Parties undertake to implement it in accordance with the principles of “respect
for human rights and democratic principles”; that as per Article 4 of the Charter on
Human
principle
Rights, State Parties commit themselves to promote democracy, the
of
the
rule
of
law
and
human
rights
and
recognize
popular
participation through universal suffrage as the inalienable right of the people;
that furthermore, as per Article 6, State Parties shall ensure that citizens enjoy
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