44
107.3
The Respondent has relied heavily on the Castañeda Gutman v
Mexico case. In that case, the Inter-American Court found that
individuals had other options if they wished to seek public elective office.
Thus, apart from having to be a member of and being sponsored by a
political party, one could be sponsored by a political party without being a
member of that party and also one could form one’s own political party
particularly since the requirements for doing so were not ardouos. In the
instant case, Tanzanian citizens can only seek public elective office by
being members of and being sponsored by political parties; there is no
other option available to them.
105.4 The United Nation’s Human Rights Committee’s General
Comment No. 25 on [T]he right to participate in public affairs, voting
rights and the right of equal access to public service (Art.25), at
paragraph 17 thereof, provides that:
“The right of persons to stand for election should not be limited
unreasonably by requiring candidates to be members of parties or
of specific parties. If a candidate is required to have a minimum
number of supporters for nomination this requirement should be
reasonable and not act as a barrier to candidacy. Without prejudice
to paragraph (1) of article 5 of the Covenant, political opinion may
not be used as a ground to deprive any person of the right to stand
for election.”
The Court agrees with this General Comment, as it is an authoritative
statement of interpretation of Article 25 of the ICCPR, which reflects the
spirit of Article 13 of the Charter and which, in accordance with Article 60