Why did the African Court Protocol insert article 34(6) allowing individuals and NGOs access only when states make a specific declaration allowing that?

The African Court Protocol inserted Article 34(6) to allow individuals and NGOs access only when states make a specific declaration for several reasons:

1. Sovereignty of States: The African Union is made up of sovereign states. These states have the right to decide whether they want to subject themselves to the jurisdiction of the African Court. By requiring a specific declaration, the Protocol respects the sovereignty of the states.

2. Control of Cases: The requirement for a specific declaration also helps to control the number and nature of cases that come before the Court. Without this requirement, the Court could be flooded with cases, many of which may not be of a serious nature.

3. Encourages State Responsibility: The requirement for a specific declaration encourages states to take responsibility for human rights issues within their borders. If a state knows that individuals and NGOs can bring cases directly to the Court, it may be more motivated to address these issues at the national level.

4. Legal Precedent: The requirement for a specific declaration is not unique to the African Court. Other international courts, such as the European Court of Human Rights, also require states to accept their jurisdiction before individuals can bring cases.

5. Protects the Court: Finally, the requirement for a specific declaration helps to protect the Court. If any and all individuals and NGOs could bring cases directly to the Court, it could potentially be used as a tool for political or other non-legal purposes. By requiring a specific declaration, the Court ensures that it is used for its intended purpose: to adjudicate on serious human rights issues.