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
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rights
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