cooperation
agreements
signed
between
the
African
Union
and
Member States or other institutions.
22: On the second issue, the Applicant contends that Article 34(6) excludes
jurisdiction being exercised
by the only continental body charged with
considering allegations of Member State violations of their obligations
under treaties they had signed. In his view, it is difficult to imagine that
States would
undermine
make
the
willingly thus
declarations
obligations
depriving
and determine
cases
and/or
they
had
the continental
enter some
previously
reservations
agreed
to
that
observe
Court of any authority to hear
of violations alleged
by individuals and
NGOs
against the States concerned.
23. On the last issue: the Applicant submits that every African worthy of the
name
Union
has the obligation to defend the Constitutive Act of the African
in
the
same
manner
as
constitution of his or her country.
34(6), the Applicant
every
citizen
should
defend
the
Referring to the provisions of Article
is of the view that since the Application
was
not
directed against any Member State, it should not be rejected under the
said Article.
24. Furthermore, the Applicant alleges that Article 34(6) is at variance with
the Constitutive Act of the African Union because it is a violation of the
principles and objectives enshrined
in the said Act. In that regard,
he
quotes part of the Preamble of the Protocol according to which Member
States of the Organization of African Unity, State Parties to the Charter
were,
African
“Firmly convinced
Charter
on
that the attainment
Human
and
of the objectives
Peoples’
Rights
of the
require
the
establishment of an African Court on Human and Peoples’ Rights to
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