or she is human. States may articulate them, but states are not their origin. Therefore not even states have the right to obstruct the enjoyment of those rights, and worse, to be given the right to do so under the instruments of a continental organization purporting to stand for justice. Given that human rights are not derived from states but from our status as human beings, every state that violates those rights ought to be held accountable.’ Further, that ‘Anyone reading the Protocol would wonder how the true subjects of human and peoples’ rights law could be so systematically excluded from access to a Court purportedly created to implement and enforce human and peoples' rights. * The Applicant maintains that ‘It is a gross violation of the basic principles of law for violators to decide whether their victims shall have access to the courts of law or not. Article 34(6) effectively grants State Parties the right to decide whether their victims shall have access to the African Court or not, contrary to the fundamental principles of Law. We agree with the Applicant in his argument that Article 34 (6) of the Protocol to the African Charter of Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples' Rights (the Protocol) is incompatible with the Protocol