7. When the above declaration was brought to the attention of the Applicant, the
Reference as against Rwanda was withdrawn on 22nd August, 2013 and the only
issue to address in that regard at the end of this judgment is costs, for or against
the Republic of Rwanda.
8. With regard to the 2nd, 3rd and 5th Respondents, it is not contested that they
have not filed any declaration pursuant to Article 34(6) aforesaid and that is the
gist of the Applicant’s Reference.
Case of the Applicant
9. The Applicant’s case is contained in an Affidavit sworn on 19th January, 2012
by one Emmanuel Nsubuga, Secretary General of the Applicant political party
and in submissions filed on 18th April, 2013 as well as a composite response to
the Respondent’s submissions, filed on 9th August, 2013. In summary, its case
is as follows:
Firstly, that under Article 5(1) of the Protocol, only the African
Commission on Human and People’s Rights, State Parties and African
Inter-governmental Organizations have automatic access to the African
Court on Human and People’s Rights and that the State parties at their
discretion can grant NGOs and individuals access to the Court by making
declarations similar to the one made by Rwanda on 22nd January,2013 and
by the United Republic of Tanzania on 29th March,2010. By not doing
so, the 2nd, 3rd and 5th Respondents have created a “disturbing situation”
which has seriously affected “the entire system of judicial protection of
human rights at the regional and continental level”.
Secondly, that the Applicant has made demands to the Respondents,
including the 1st Respondent, to remedy the above situation but no action
has been taken and the result is that there is no external mechanism for
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