"The African lnstitute
of
lnternational Law notes that
the link
between
democracy and human rights is established by several international human
rights instruments, including the Universal Declaration of Human Rights, Article
21(3),
(.
) The Institute further maintains that the African Charter on Democracy
is a human rights instrument in that it confers rights and freedoms on individuals.
According to the lnstitute, the Charter explains, interprets and gives effect to the
rights and freedoms contained in the Charter on Human Rights, the Constitutive
Act of the African Union, the Grand Bay Declaration and Plan of Action (1999),
the Declaration on the Principles Governing Democratic Elections in Africa5 and
the 2003 Kigali Declaration".
36. The Conclusion on
jurisdiction that follows from this suite of instruments in § 65
is suggestive.
"The Court concludes that the African Charter on Democracy and the ECOWAS
Protocol on Democracy are human rights instruments, within the meaning of
Article 3 of the Protocol, and that it is therefore competent to interpret and apply
them."
37.|t follows that the Court in its first decade uses Article 3(1) to determine its
jurisdiction as set out in the Protocol. As in established judicial practice, the
Court uses the applicable law recognized by the "States concerned" to extend
or further establish its jurisdiction. ln this case, it makes use of Article 7 of the
Protocol. The question of priority between the two Articles does not arise, as il
is a matter of the particular case and of the choice made by the Court. The two
Articles are equally involved in the general question of the Court's jurisdiction to
hear cases.
38.1n its judgment in Jonas (2017), at paragraphs 28,29 and 30, the Court goes
beyond Article 3 on its own motion, stating that.
"Article 3 of the Protocol does not give the Court the latrtude to decide on lhe
issues raised by the Applicant before the domestic courts, to review the
judgments of those courts, to assess the evidence and to reach a conclusion",
§25
13