a corollary of the right to peace and security, and Article 8,11 under which
they undertake to condemn and eliminate all forms of discrimination and
discriminatory practices which, for individuals, correspond to the right to
non-discrimination. Similarly, under Article 12,12 State Parties undertake to
provide protection and assistance to displaced persons, while under Article
1313 of the said Pact, they undertake to protect the property rights of this
category of persons, and those of refugees.
115. Consequently, the articles of the Great Lakes Pact mentioned in the
preceding paragraph can be considered as human rights provisions.
116. In any event, it is clear from the Application that all the rights alleged by the
Applicant to have been violated are protected by the Charter, the ICCPR
and the ICESCR, the African Charter on the Rights and Welfare of the Child
(hereinafter “the ACRWC”), as well as the Protocol on the Rights of Women,
which are all human rights instruments ratified by the Respondent State. In
the circumstances, the objection to the Court’s jurisdiction herein cannot be
sustained.
the territory of other Member States, or from tolerating the presence on their territories of armed groups
or insurgents engaged in armed conflict of involved in acts of violence or subversion against the
Government of another State.”
11 Article 8 of the Great Lakes Pact provides that: “The Member States, in accordance with the Protocol
on the Prevention and the Punishment of the Crime of Genocide, War Crimes and Crimes against
Humanity and all forms of Discrimination, recognize that the crime of genocide, war crimes, and crimes
against humanity are crimes under international law and against the rights of peoples, and undertake in
particular: a) To refrain from, prevent and punish, such crimes; b) To condemn and eliminate all forms
of discrimination and discriminatory practices; c) To ensure the strict observance of this undertaking by
all national, regional and local public authorities and institutions; (d) To proscribe all propaganda and all
Organization’s which are inspired by ideas and theories based on the superiority of a race or a group of
people of a particular ethnic origin, or which try to justify or encourage any form of ethnic, religious, racial
or gender based hatred or discrimination.”
12 Article 12 of the Great Lakes Pact: “The Member States undertake, in accordance with the Protocol
on the Protection and Assistance to Internally Displaced Person, to provide special protection and
assistance to internally displaced persons and in particular to adopt and implement the Guiding
Principles on Internal Displacement as proposed by the United Nations Secretariat.”
13 Article 13 of the Great Lakes Pact provides that: “The Member States undertake, in accordance with
the Protocol on the Property Rights of Returning Persons, to provide legal protection for the property of
internally displaced persons and refugees in their countries of origin, and in particular: a) Adopt legal
principles whereby the Member States shall ensure that refugees and internally displaced persons, upon
returning to their areas of origin, recover their property with the assistance of the local traditional and
administrative authorities.”
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