protecting individuals from any excesses of the State with regard to
human rights and there is, therefore, a great need to grant NGOs and
individuals locus standi to institute cases directly against erring States.
Thirdly, that the failure/refusal, delay and inaction of the 2nd, 3rd and 5th
Respondents to deposit the declarations aforesaid is an infringement of
the fundamental principles of “good governance, including adherence
to the principles of democracy, rule of law, social justice and the
maintenance of universally accepted standards of human rights”
which are enshrined in Articles 5, 6, 7(2), 8(1)(c), 126 and 130 of the
Treaty which is itself founded on the African Charter.
Fourthly, that the State parties to the Treaty are members of the United
Nations and subscribe to the principles contained in the Universal
Declaration of Human Rights, 1948, and have also ratified the
International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Human, Social and Cultural Rights (ICHSCR)
and
have
institutionalized
annual
meetings
of
Human
Rights
Organizations to enable an exchange of views and sharing of progress on
implementation of human rights programmes at national level in
accordance with the above international instruments.
That this has been done in addition to inter-alia the development of an
EAC Plan of Action on Human Rights and the draft Protocol on Good
Governance.
Lastly, that by not depositing the declarations under Article 34(6) of the
Protocol, the 2nd, 3rd and 5th Respondents’ inaction has the inconsistent
effect of limiting the right to freedom, liberty, fair hearing, freedom of
association and have discriminated against the Applicant and its
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