Ki Moon regretting that it had a negative impact and urged Burundi to take steps to ensure that its legal framework is aligned with democratic tradition. Other organisations like Human Rights Watch, Transparency International, Reporters without Borders, and Amnesty International posted similar criticism of the Press Law. 17. The Applicant also contended that this Court has the jurisdiction by dint of Articles 23 and 27(1) of the Treaty to enforce the Treaty and determine whether Articles 6(d) and 7(2) thereof have been violated by the Republic of Burundi as alleged and that the adoption of the Press Law materially violates the principles enunciated in these Articles. 18. Further, that no organ of a Partner State has the same primary jurisdiction as this Court to interprete the Treaty and although a Constitutional challenge was made by Maison de la Presse du Burundi, an association under Burundian Law, no decision by the Constitutional Court of Burundi had been received by the time this Reference was filed. In any event, that there is no obligation to exhaust local remedies before approaching this Court on any legitimate matter. 19. On the principles enshrined in Articles 6(d) and 7(2) of the Treaty, the Applicant has urged the point that they are more than just aspirational and Partner States have to observe them as a matter of Treaty obligation. That once a Partner State has given force of law to the Treaty, then any laws adopted by it should not conflict with it and the Press Law allegedly fails to meet that expectation. 20. On Freedom of the Press, the Applicant contended that the principles of democracy, rule of law, accountability, transparency and good governance cannot be upheld where there is no free press. That without a free press, there is no free circulation of information and ideas and the electorate does not have the opportunity to properly inform itself of Reference No. 5 of 2013 Page 6

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