245. According to the Respondent State, in implementing Articles 5(2) and 9 of
the Constitutive Act, and in achieving the aforementioned principles and
objectives, the Assembly of the AU adopted the PSC Protocol as a
permanent policy organ whose primary mission is to address issues of
peace and security in Africa. It argues that the PSC Protocol clearly defines
the modalities and procedures to be followed for the peaceful resolution of
matters of peace and security between Member States. Article 16 of the
PSC Protocol recognises that regional mechanisms are part of the AU’s
security architecture. It underscores that the AU remains the primary
custodian of peace and security in Africa.
246. The Respondent State argues that, as the Applicant State is a member of
the AU and a State Party to the Constitutive Act and the PSC Protocol, it is
required, under Article 7(2), (3) and (4) of the PSC Protocol, to recognise
and respect the authority of the PSC in matters of peace and security, and
to cooperate with and facilitate its work.
247. The Respondent State further contends that since the matters raised in the
Application relate wholly to peace and security, the Applicant State is
required by the Constitutive Act and the PSC Protocol to first refer any
grievance to the PSC, whose intervention will be in accordance with the
modalities set out in the Constitutive Act and the PSC Protocol.
248. The Respondent State alleges that by masquerading a political matter
involving peace and security as a human rights matter, the Applicant State
has failed to fulfil its obligations under the Constitutive Act and the PSC
Protocol. According to the Respondent State, referring matters of peace and
security to the Court distorts and undermines the object and purpose of the
Constitutive Act, as well as the clearly defined mandate and function of the
PSC, and is therefore inconsistent with the Constitutive Act.
249. The Respondent State notes that in Communication Spilg and Mack &
Ditshwanelo v. Botswana, the Commission ruled that:
57
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières