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receive such cases under Article 34(6) of the Protocol read together
with Article 5(3) thereof.
44. In the instant case, the Court has noted that the Respondent State
became a Party to the Protocol on 25 January 2004 and deposited the
declaration contemplated under Article 34(6) of the Protocol on 23 July
2013. The Court therefore has jurisdiction to hear the instant case in
respect of the Respondent State.
45. Regarding the Applicant, the Court observes that the Application
was filed on behalf of an Ivorian Non-Governmental Organization,
APDH, which has Observer Status before the Commission.
46. It follows from the foregoing that the Court’s personal jurisdiction in
the instant case, with respect to both the Respondent and the
Applicant, has been established.
B.
Material jurisdiction
47. Article 3(1) of the Protocol provides that
“the jurisdiction of the Court shall extend to all cases and disputes
submitted to it concerning the interpretation and Application of the Charter,
this Protocol and any other relevant Human Rights instrument ratified by
the State concerned”.
48. The Court has already noted that the Respondent State is a Party
to the Charter on Human Rights and the Protocol. It notes also that the
Respondent State became a Party to the Covenant on 26 March 1992,
the ECOWAS Democracy Protocol on 31 July 2013, and to the African
Charter on Democracy on 28 November 2013.
49. The Court however also has to satisfy itself that these two
instruments, namely: the African Charter on Democracy and the
ECOWAS Democracy Protocol, are human rights instruments within
the meaning of Article 3 of the Protocol.
50. The Court recalls that it sought the opinion of the African Union
Commission and the African Institute for International Law on this issue.
51. The African Union Commission points out that the objectives of the
African Charter on Democracy as spelt out in Article 2(1) thereof
include, to “promote adherence, by each State Party, to the universal
values and principles of democracy and respect for human rights”; that
by Article 3(1) of the same Charter, State Parties undertake to
implement it in accordance with the principles of “respect for human
rights and democratic principles”; that as per Article 4 of the Charter on
Human Rights, State Parties commit themselves to promote
democracy, the principle of the rule of law and human rights and
recognize popular participation through universal suffrage as the
inalienable right of the people; that furthermore, as per Article 6, State
Parties shall ensure that citizens enjoy fundamental freedoms and
human rights taking into account their universality, interdependence
and indivisibility.
52. The African Union Commission states in conclusion that, in view of
the foregoing and other provisions, the African Charter on Democracy