Abstain from any measures likely to
jeopardize the achievement of those
objectives or the implementation of the
provisions of this Treaty.
While the Court will not assume Jurisdiction to
adjudicate on human rights disputes, it will not
abdicate from exercising its jurisdiction of
interpretation under Article 27(1) merely because
the reference includes allegation of human rights
violation.”
23. We respectfully adopt the above reasoning as was also adopted
in Mwakisha and 74 Others vs. A.G. Kenya, Reference No.2 of
2010 and would wish to clarify that the Applicant in the
Reference is asking only one fundamental question, with more
than one facet to it; has the Republic of Rwanda breached the
principles set out in Articles 6(d) and 7(2) of the Treaty? She
therefore seeks the interpretation of that question by this Court
under Article 27(1) and we see no bar to our doing so. It would
be absurd and a complete dereliction of this Court’s Oath of
Office to refuse to do so as long as the two Articles are in the
Treaty. There is no doubt that the use of the words, “Other
original, Appellate, Human Rights and Other Jurisdiction …” is
merely in addition to, and not in derogation to, existing
Jurisdiction to interpret matters set out in Articles 6(d) and 7(2).
That would necessarily include determining whether any
REFERENCE NO.8 OF 2010
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