principles such as the rule of law, condemnation,
rejection of impunity
and promotion of human rights as enshrined in the African Charter. The
Applicant is of the view further that Article 34(6) of the Protocol is an
impediment to justice as it prevents African citizens from having access
to the Court, especially victims of human and peoples’ rights violations
who
are
unable
to secure
remedy
from
national
Courts
or from
the
African Commission on Human and Peoples’ Rights.
18. He also claims that this same Article 34(6) gives violators of human
and
peoples’
rights,
especially
the
States,
powers
to prevent
their
victims from making their voices heard and from obtaining justice.
419; The
Applicant
contends
that the African
Union
cannot
afford to be
viewed by Africans as an institution which adopts provisions preventing
African citizens from obtaining justice or places human
rights violators
above the law.
20. In the addendum to his Application, the Applicant raises three issues:
the
obligation
for the
African
Union
to
ensure
that
its
rules
are
consistent with the Constitutive Act and the Charter, the jurisdiction of
the Court as a core factor ensuring
that Member
States honour their
obligations as set out in the Constitutive Act and the Charter and the
capacity of the Applicant to seize the Court.
21; In regard to the first issue: the Applicant evokes the role of the African
Union as coordinator in ensuring that the decisions of the Union are in
conformity
with
the
provisions
of the
Constitutive
Act,
other
legal
instruments of the Union and draft treaties and conventions as well as
GO.
Pun