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Corporate entities like the plaintiff herein are therefore excluded. Learned Counsel
stated that in the Hadijatou lt1ani Koraou Case (supra), this Court stated thus "it
should be pointed out that human rights are inherent rights of the human person".
29. Learned counsel continued that the position of this Court on the subject of
human rights is supported by the doctrine of human rights in international law.
Counsel quoted extensively from various international legal li1struments which has
defined human rights as rights belonging to individual human beings. For example,
the "Dictionaire de droit international public", published in 2001 (under the
direction of Professor Jean Salmon), Brussels, B1-uyant stated that "human rights"
are "all rights and fundamental freedoms of the human person and concern all
human beings". Similarly, the "Dictionnaire des Communautes europeenes",
published in 1993, Paris noted that 'fundamental rights" are "a core of essential
and inalienable rights of the human person, valid in all circumstances, no
possibility of derogation... "
30. Further, com1sel contends that the African Charier on Hmnru1 and Peoples '
Rights on which plaintiffs claim is based, is available for the benefit of only
li1dividuals. Counsel noted that even by definition, the Charter provisions inure to
the benefit of only individuals. Again, the preamble speaks of the "attributes of the
human person" whilst various articles including Articles 2, 4, 6, 7 and 13 all make
reference to words and phrases such as "the inviolability of the human person, any
individual, citizens, right 'to dignity, freedom of assembly and movement etc"
which all denote that the provisions thereof are exercisable by human beings and
not artificial persons including corporate bodies. Counsel concludes that the
plaintiff, not being a humru1 being, cannot benefit from the human right provisions
enshrined in the African Charier on Human and Peoples' Rights.
31. Moreover, counsel contends that the plaintiff has failed to establish the
violation of any fundamental right and therefore its application ought to be
dismissed. In A1oussa Leo Keita v. Republic of A1ali (Suit No.
ECW/CCJ/APP/05/06, judgment delivered on 22nd March 2007), this Court
rejected the application and stated thus "the Applicant's counsel has not indicated
ru1y proof of a characteristic violation of a fundamental Human Right; and in the
absence of any such violation, the Application must be declared inadmissible".
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