10 February 1992; and further that Respondent ratifie
d the Protocol,
which came into force on the 25th of January 2004 , on
the 4th of
February 2004 and deposited its instruments of ratificatio
n on 18
February 2005 and is therefore a party to both instruments;
19.
The Court acknowledges that Article 5(1 )(a) of the Proto
col
lists the Applicant as one of the entities entitled to submit
cases to the
Court, and takes judicial notice that the request befo
re it is for
provisional measures, which may be a consequence of
the right to
protection under the Charter, and which do not requ
ire prior
consideration of the substantive issues arising from the appl
ication;
20.
In the opinion of the Court, there exists a situation of extre
me
gravity and urgency, as well as a risk of irreparable harm
to the Ogiek
Community with regard to violation of their rights guarante
ed under
the Charter to, among others:
-
Enjoyment of their cultural rights and protection of their
traditional values under Article 2 and 17(2 ) and (3);
Protection before the law under Article 3;
-
Integrity of their persons under Article 4;
- The right to property under Article 14; and
- The right to economic , social and cultural developm
ent
under Article 22;
21 .
In the light of the foregoing , the Court is satisfied that:
- prima facie , it has jurisdiction to deal with the applicatio
n; and
- that this is a matter where provisional measures shou
ld be
granted in terms of Article 27(2 ) of the Protocol;
6