no effect on its jurisdiction, as long as the alleged violation is of a right that
is also provided for by a treaty ratified by the State concerned.3
104. The Court notes that in its statement of alleged violations, the Applicant
State did not reference the Charter of the United Nations, the Constitutive
Act of the AU, the Great Lakes Pact and the PSC Framework Agreement.
On the other hand, it alleged violation of paragraph 6 of the Pretoria
Declaration4 concerning the right to education and the right to property,
rights which are also protected by the Charter.
105. In any event, it is clear from the Application that all the rights alleged to have
been violated are protected by the Charter, the Protocol to the African
Charter on the Rights of Women (hereinafter “Protocol on the Rights of
Women”), the ICCPR and the ICESCR, all of which are incontestably human
rights instruments.
106. The above cited
instruments are sufficient to establish the Court's
jurisdiction without it being necessary to determine whether the Pretoria
Declaration, the Great Lakes Pact, the Constitutive Act, the United Nations
Charter and the PSC Framework Agreement are human rights protection
instruments.
3 Franck David Omary and Others v. United Republic of Tanzania (jurisdiction and admissibility) (28
March 2014) 1 AfCLR 358, § 74.
4 The Pretoria Declaration on Economic, Social and Cultural Rights in Africa was adopted by the African
Commission on 17 September 2004. Paragraph 6 provides that: The right to work in Article 15 of the
Charter entails among other things, the following: equality of opportunity of access to gainful work,
including access for refugees, disabled and other disadvantaged persons; conducive investment
environment for the private sector to participate in creating gainful work; effective and enhanced
protections for women in the workplace, including parental a leave; fair remuneration, a minimum living
wage for labour, and equal remuneration for work of equal value; equitable and satisfactory conditions
of work, including effective and accessible remedies for workplace-related injuries, hazards and
accidents; creation of enabling conditions and taking measures to promote the rights and opportunities
of those in the informal sector, including in subsistence agriculture and in small scale enterprises
activities; promotion and protection of equitable and satisfactory conditions of work of women engaged
in household labour; the right to freedom of association, including the rights to collective bargaining,
strike and other related trade union rights; prohibition against forced labour and economic exploitation
of children, and other vulnerable persons; the right to rest and leisure, including reasonable limitation of
working hours, periodic holidays with pay and remuneration for public holidays.
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