2.) Compatibility of the Application with the Constitutive Act of the African Union and the Charter 91. Article 56(2) of the Charter provides that Applications “Are compatible with the [Constitutive Act of the African Union] or with the present Charter’. violates the According applicable to rules the Respondent, of admissibility the Application because it only cites provisions of the Declaration and does not cite provisions from either the Constitutive Act or the Charter. already stated that its jurisdiction On this issue, the Court has is not adversely affected by the reference made to the Declaration in this Application, and that it will look at the violations alleged by the Applicants to determine its jurisdiction. 92. As indicated and other UN this end, earlier, the Respondent human the Court rights instruments, has ratified the Charter including the ICESCR. notes that all the provisions To of the Declaration alleged to have been violated by the Respondent have corresponding provisions in the Charter. 93. The fact that the provisions of the Charter are not specifically mentioned in an Application does not mean the Application is inadmissible, as long as the rights alleged to have been violated are guaranteed in the Charter or any other ratified by the state COE» , wr 30 human rights | e Ge instrument

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