shall not receive any petition under Article 5(3) involving a State Party
which has not made such a declaration”.
5. Further, Article 5 of the said Protocol provides as follows:
“1.The following are entitled to submit cases to Court:
a) The Commission,
b) The State Party which has lodged a complaint to the Commission,
c) The State Party against which the complaints has been lodged to
the Commission,
d) The State Party whose citizen is a victim of human rights violation
e) African Inter-governmental Organizations.
2. When a State Party has an interest in a case, it needs to submit a
request to the Court to be permitted to join.
3. The Court may entitle relevant Non Governmental Organizations
(NGOs) with observer status before the Commission, and individuals to
institute cases directly before it, in accordance with Article 34(6) of the
Protocol.”
6. During the pendency of the proceedings, Rwanda complied with the
provisions of Article 34(6) aforesaid and in a declaration dated 22nd January,
2013 under the said Article, it declared that:
“The African Court on Human and Peoples’ Rights may receive
petitions involving the Republic of Rwanda, filed by Non-Governmental
Organizations (NGOs) with observer status before the African
Commission on Human and Peoples Rights and individuals, subject to
the reservation that all local remedies will have been exhausted before
the competent organs and jurisdictions of the Republic of Rwanda”.
8|Page