112. With regard to the AU Constitutive Act, the Court notes that it does not
expressly enunciate the subjective rights of individuals or groups of
individuals. Neither does it lay down any obligations for the consequent
enjoyment of such rights. As in the case of the Charter of the United Nations,
the references made to human rights indicate the Union's commitment to
respect for human rights.9 Therefore, the Court considers that the
Constitutive Act is not a human rights instrument.
113. Furthermore, the Court underscores that although the Charter of the United
Nations and the Constitutive Act are not human rights instrument, the Court
may draw inspiration from them, in accordance with Article 60 of the Charter.
114. As regards the Great Lakes Pact, the Court notes that some of its provisions
impose obligations on Member States. This is the case, particularly in Article
5,10 whereby the Parties undertake to maintain peace and security, which is
Determined […] to reaffirm faith in fundamental human rights, in the dignity and worth of the human
person, in the equal rights of men and women and of nations large and small…”; Article 1(3): “The
Purposes of the United Nations are: […] To achieve international cooperation in solving international
problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging
respect for human rights and for fundamental freedoms for all without distinction as to race, sex,
language, or religion […]”; Article 13(1)(b): The General Assembly shall initiate studies and make
recommendations for the purpose of […] promoting international cooperation in the economic, social,
cultural, educational and health fields, and assisting in the realization of human rights and fundamental
freedoms for all without distinction as to race, sex, language, or religion.” Article 55(b): “With a view to
the creation of conditions of stability and well-being which are necessary for peaceful and friendly
relations among nations based on respect for the principle of equal rights and self-determination of
peoples, the United Nations shall promote […] universal respect for, and observance of, human rights
and fundamental freedoms for all without distinction as to race, sex, language, or religion.” Article 62(2)
“[The Economic and Social Council] It may make recommendations for the purpose of promoting respect
for, and observance of, human rights and fundamental freedoms for all.” Article 68 “The Economic and
Social Council shall set up commissions in economic and social fields and for the promotion of human
rights, and such other commissions as may be required for the performance of its functions”. Article
76 (a):“The basic objectives of the trusteeship system, in accordance with the Purpose of the United
Nations laid down in Article 1 of the present Charter, shall be: […] to encourage respect for human rights
and fundamental freedoms for all without distinction as to race, sex, language, or religion, and to
encourage recognition of the interdependence of the peoples of the world […]”.
9 Article 3(e)(h) and (m) of the Constitutive Act: “The objectives of the Union shall be to:[…] encourage
international cooperation, taking due account of the Charter of the United Nations and the Universal
Declaration of Human Rights; […] promote and protect human and peoples’ rights in accordance with
the African Charter on Human and Peoples’ Rights and other relevant human rights instruments; […];
“The Union shall function in accordance with the following principles: […] respect for democratic
principles, human rights, the rule of law and good governance;”
10 Article 5 of the Great Lakes Pact provides that: “ The Member States undertake to maintain peace
and security in accordance with the Protocol on Non-aggression and Mutual Defence in the Great Lakes
Region, and in particular: a) To renounce the threat or the use of force as policies means or instrument
aimed at settling disagreements or disputes or to achieve national objectives in the Great Lakes Region;
b) To abstain from sending or supporting armed opposition forces or armed groups or insurgents onto
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