31. All the same, doesn't the fact that a court, adjudicating in two contradictory
decisions, awarding compensation for damages to a patty, and thereafter reducing
the said compensation, constitute a sufficient ground for requesting for a just and
fair reparation? This is what the Lawyer for the Applicant, Me Mamadou, affirms
when he calls to mind, in his Memorial in Defence, the issue of Human Rights.
C) COMPETENCE OF THE COURT AS TO THE PLEAS-IN LAW
DRAWN FROM HUMAN RIGHTS VIOLATION
32. The Protocol on the Community Comt of Justice, ECOWAS as amended, sets
out in its Aiticles 9(4) and lO(d), the competence of the Comt to ente1tain matters
dealing with the violation of Human Rights (cf. supra).
Aiiicle 19 of the 1991 Protocol on the Comt of Justice of ECO WAS provides that:
( ... ) The Court shall examine the dispute before it in accordance with the provisions
ofthe Treaty and its Rules ofProcedure. (... )
Aiticle 4(g) of the Revised Treaty stipulates that: THE HIGH CONTRACTING
PARTIES, in pursuit of the objectives stated in Article 3 of the Treaty, solemnly
affirm and declare their adherence to the following principles:
g) recognition, promotion, and protection of human and peoples' rights in
accordance with the provisions of the Afl'ican Charter on Human and Peoples'
.
Rights;
33. The Court consequently affirms its competence to adjudicate upon questions
dealing with the violation of Human Rights.
All the same, should one specify the particular human right which has been
violated? The African Charter on Human and Peoples' Rights has enshrined rights,
which the International Community today agrees to classify into civil and political
rights on one hand or economic, social and cultural rights on the other hand, not
· - forgetting other rights regarded as being of the third and fourth generations. Each of
these rights have been so described as to bring out clearly their content, import, and
extent of enjoyment so that any act of their violation may be qualified or not as a
'Human Right violation'.
34. In the instant case, the Counsel for the Applicant does not pin point any given
right; he does not specify the rights whose violation may have been committed by
the State of Mali. At most, he talks of the behaviour and attitude of the said State.
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