159. However on the other hand, under their claim for reparation, they urge the
Court pay to them the said compensation for the violation of the rights of
Senegalese people which they put thus: Consequently, order the Republic
of Senegal to pay the sum of 500,000,000 CFA francs in compensation to
Amnesty International Senegal Section and to the Senegalese League of
Human Rights; DOC 1 CLAIM IV PAGE 11.
160. The Court is of the considered opinion that the principle of representative
action for human rights violation does not confer any benefit on the
applicant who is acting on behalf of others. “The Court has held in
plethora of cases that non- governmental organisations (NGOs) and
public spirited individuals can institute actions on behalf group of victims
from a community or class of people based on common public interest to
claim for the violation of their human rights, because this group may not
have the knowledge and financial capacity to maintain legal action of
such magnitude which affects the rights of many people, as public interest
issues are generally for the welfare and well-being of every individual in
a society.” (Emphasis ours). THE REGISTERED TRUSTEES OF JAMA’A
FOUNDATION & 5 ORS V. FEDERAL REPUBLIC OF NIGERIA & 1
ECW/CCJ/JUD/04/20 PAGE 14.
161. Thus the Court concludes that the Applicants as representatives of the
Senegalese people cannot benefit from the reliefs granted to the
Applicants who they are representing. The Court therefore finds that the
Applicants are not entitled to damages of 500,000,000 CFA claimed for
themselves, as the said compensation is to assuage the alleged damages
suffered by peoples whom they allegedly represent.
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