no effect on its jurisdiction, as long as the alleged violation is of a right that is also provided for by a treaty ratified by the State concerned.3 104. The Court notes that in its statement of alleged violations, the Applicant State did not reference the Charter of the United Nations, the Constitutive Act of the AU, the Great Lakes Pact and the PSC Framework Agreement. On the other hand, it alleged violation of paragraph 6 of the Pretoria Declaration4 concerning the right to education and the right to property, rights which are also protected by the Charter. 105. In any event, it is clear from the Application that all the rights alleged to have been violated are protected by the Charter, the Protocol to the African Charter on the Rights of Women (hereinafter “Protocol on the Rights of Women”), the ICCPR and the ICESCR, all of which are incontestably human rights instruments. 106. The above cited instruments are sufficient to establish the Court's jurisdiction without it being necessary to determine whether the Pretoria Declaration, the Great Lakes Pact, the Constitutive Act, the United Nations Charter and the PSC Framework Agreement are human rights protection instruments. 3 Franck David Omary and Others v. United Republic of Tanzania (jurisdiction and admissibility) (28 March 2014) 1 AfCLR 358, § 74. 4 The Pretoria Declaration on Economic, Social and Cultural Rights in Africa was adopted by the African Commission on 17 September 2004. Paragraph 6 provides that: The right to work in Article 15 of the Charter entails among other things, the following: equality of opportunity of access to gainful work, including access for refugees, disabled and other disadvantaged persons; conducive investment environment for the private sector to participate in creating gainful work; effective and enhanced protections for women in the workplace, including parental a leave; fair remuneration, a minimum living wage for labour, and equal remuneration for work of equal value; equitable and satisfactory conditions of work, including effective and accessible remedies for workplace-related injuries, hazards and accidents; creation of enabling conditions and taking measures to promote the rights and opportunities of those in the informal sector, including in subsistence agriculture and in small scale enterprises activities; promotion and protection of equitable and satisfactory conditions of work of women engaged in household labour; the right to freedom of association, including the rights to collective bargaining, strike and other related trade union rights; prohibition against forced labour and economic exploitation of children, and other vulnerable persons; the right to rest and leisure, including reasonable limitation of working hours, periodic holidays with pay and remuneration for public holidays. 26

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