20. The Applicant submits that this objection should be dismissed, arguing that he is not appealing the Constitutional Court’s decision. He explains that he is rather requesting this Court to find a breach of the principle of equality between men and women guaranteed by the international instruments ratified by the Respondent State, including the Charter, which forms an integral part of its Constitution. *** 21. The Court observes, in line with its jurisprudence, that it has material jurisdiction to entertain any application provided that alleged violations are of human rights protected by the Charter or any other relevant international instrument to which the Respondent State is a party.3 In Armand Guéhi v. United Republic of Tanzania, the Court held: “[o]n the objection that it is called upon to act as a court of first instance, [the Court notes that], in accordance with Article 3 of the Protocol, it has material jurisdiction insofar as the application alleges a violation of the provisions of international instruments to which the Respondent State is a party”.4 22. In the present case, the Court notes that the allegations made in the Application relate to the violation of rights protected by the Charter and other international human rights instruments. This is because the Applicant alleges that the provisions of Article 6(1)(3) and (4) of the Law of 24 August 2004 violate Articles 3 and 18(3) of the Charter, Article 2 of the Maputo Protocol5, Article 3 of the ICCPR6, and Articles 2 and 16(1) of CEDAW7, human rights instruments ratified by the Respondent State, which it is empowered to apply in accordance with Article 3 of the Protocol. 3 Kenedy Ivan v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 48, §§ 20-21; Nguza Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania (merits) (23 March 2018) 2 AfCLR 287, § 36. 4 Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, § 31. 5 The Respondent State ratified the Protocol on the Rights of Women in Africa on 28 January 2005. 6 The Respondent State ratified the ICCPR on 12 March 1992. 7 The Respondent State ratified the CEDAW on 12 March 1992. 7

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