107. Notwithstanding the foregoing, the Court considers that there is nothing to prevent it from examining the question whether the instruments referenced are human rights protection instruments. 108. The Court underscores that to qualify as a human rights instrument, within the meaning of Article 3 of the Protocol, the text in question must first be a treaty. Similarly, it is necessary to refer in particular to the purposes of such an instrument, which are reflected either by an express enunciation of the subjective rights of individuals or groups of individuals, or by mandatory obligations on State Parties for the consequent enjoyment of the said rights.5 Therefore, mere references to the term “human rights” in a treaty is not sufficient to make it a human rights instrument.6 109. In the present case, the Court observes that the Pretoria Declaration is not a treaty. Clearly therefore, it does not qualify as a human rights instrument. 110. The same applies for the Addis Ababa Framework Agreement,7 which establishes an oversight mechanism to review progress in the implementation of the unilateral commitments of the DRC, the East Africa region and the international community “relative to the local and regional peace processes initiated at that time laid the foundation for relative peace and stability in large parts of the DRC […]”. 111. With regard to the Charter of the United Nations, the Court notes that it does not expressly state the subjective rights of individuals or groups of individuals. Neither does it lay down mandatory obligations for the consequent enjoyment of such rights. Its references to human rights and fundamental freedoms are meant to indicate the organisation’s commitment to these concepts.8 Consequently, the United Nations Charter cannot be considered as a human rights instrument. 5 APDH v. Republic of Côte d’Ivoire (merits) (18 November 2016) 1 AfCLR 668, § 57. 6 Pan African Parliament, Advisory Opinion (jurisdiction) (2021) 5 AfCLR 889, § 43. 7 Signed in Addis Ababa on 24 February 2013. The terms “human rights”, “fundamental rights” or “fundamental freedoms”, are mentioned in the Charter of the United Nations, as follows: Preamble: “We the Peoples of the United Nations, 8 27