produce a power of attorney on victims’ behalf to represent them.
Additionally, the jurisprudence of the Court on the issue of NGO standing
applies to the present objection.
75. The Court, therefore, dismisses the Respondent State’s objection.
iii. Objection based on non-identification of victims
76. The Respondent State alleges that the Applicants filed the Application on
behalf of the Association of Victims and all the victims of the toxic waste
dumping, whereas the Application was supposed to be filed by the
individuals on their own behalf. Furthermore, the Respondent State avers
that not all the victims of the toxic waste are members of the Association of
Victims.
77. The Respondent State considers that the present Application should have
been personalised and individualised.
*
78. On their part, the Applicants affirm that they are human rights NGOs with
observer status before the Commission. They further argue that they have
standing to bring cases before the Court insofar as the Respondent State
deposited, on 19 June 2013, the Declaration by virtue of which it accepts
the jurisdiction of the Court to receive applications from individuals and
NGOs.
***
79. The Court notes that the Applicants' allegations fall within the scope of
public interest litigation insofar as the contested legal provisions concern all
citizens whose interests are directly affected.20
20
Reverend Christopher R. Mtikila v. United Republic of Tanzania (Merits) (14 June 2013) 1 AfCLR 34,
§ 1.
21