I.
THE PARTIES
1.
Fidéle Mulindahabi (hereinafter referred to as “the Applicant’), is a national
of the Republic
of Rwanda,
residing
in Kigali,
and the owner
of four (4)
transport mini-buses.
2.
The Application is filed against the Republic of Rwanda (hereinafter referred
to as the “Respondent State”) which became a
party to the African Charter
on Human and Peoples’ Rights (hereinafter referred to as "the Charter") on
21 October 1986 and to the Protocol on 25 May 2004. It also deposited on
22 January
Protocol
by
2013, the Declaration
which
it accepted
provided for under Article 34(6)
the jurisdiction
of the
Court
to
of the
receive
applications from individuals and Non-Governmental Organisations.
On 29
February
of the
2016,
the
Respondent
State
notified
the
Chairperson
African Union Commission of its intention to withdraw the said Declaration.
The
African
withdrawal
Union
Commission
on 3 March
2016.
transmitted
to the
By a ruling dated
Court,
3 June
the
2016,
notice
of
the Court
decided that the withdrawal by the Respondent State would take effect from
1 March 2017.1
Il.
SUBJECT OF THE APPLICATION
A.
Facts of the matter
3.
The Applicant states that he owns
a Toyota
Hiace minibus
in respect of
which he alleges he alleges to have paid his membership dues to ATRACO
Minibus Drivers' Union on 5 January 2008.
+See Ingabire Victoire Umuhoza v. Republic of Rwanda (jurisdiction) (2016) 1 AfCLR 562 § 67.
2