Article 30
REMEDIES
States Parties shall provide appropriate
administrative and judicial remedies
in
their national laws for nationals of other Member States affected by decisions of
a Member State relating to the implementation of this Protocol.
A National of a Member State who is denied the enjoyment of the right of entry,
residence, establishment or other related rights provided in this Protocol, having
exhausted all legal remedies in the host Member State, may refer the matter to
the African Commission on Human and Peoples Rights.
PART VII- FINAL PROVISIONS
Article 341
SETTLEMENT OF DISPUTES
Any
dispute
or difference
arising
between
States
Parties
with
regard
to the
interpretation, application and implementation of this Protocol shall be settled by
mutual consent between States concerned, including through negotiations,
mediation, conciliation or other peaceful means.
In the event of failure by the disputing parties to settle the dispute or difference,
the disputing Parties may:
(a)
(b)
By mutual consent, refer the dispute to an Arbitration Panel of three (3)
Arbitrators whose decision shall be binding on the Parties; or
Refer the dispute to the African
Peoples’ Rights, when operational.
Court
of Justice,
Human
Rights
and
The appointment of the Panel of Arbitrators shall be as follows:
(i)
|The Parties to the dispute shall each appoint one arbitrator; and
(ii)
The Chairperson of the Commission
shall be the President of the Panel.
shall appoint the third Arbitrator who
Pending the operationalization of the Court referred to in sub article (2)(a) above,
the decision of the Panel of Arbitrators shall be binding.
Article 32
SIGNATURE, RATIFICATION AND ACCESSION
This
Protocol
shall
be open
ratification or accession:
to Member
States
of the
Union
for signature,