A. On the decision to conduct or not to conduct elections in the
context of a public health emergency or a pandemic, such as the
Covid-19
48. The Author avers that while the scheduling of national elections is a matter of
sovereignty of State Parties, the conduct of elections is a matter of continental
treaty law relating to the citizen’s rights to effectively participate in the government
of their countries as well as to standards of good governance enshrined in treaty
law by African states.
*
49. It emerges from the Amicus Curiae brief that States can decide to conduct
elections in the context of a public health emergency or a pandemic, what matters
though are the measure need to be taken to guarantee that elections are
conducted in accordance with the applicable international treaty laws.
***
50. The Court recalls that AU Member States have adopted democracy as their
political system18 and are committed to respecting the principles of the rule of law
and to promoting and protecting human and peoples' rights under the provisions
of Article 3 (g) and (h) of the AU Constitutive Act.19
ACHPR, Communication 318/06 – Open Society Justice Initiative v. Republic of Côte d’Ivoire (27 May
2016), §164.
19 Article 3: “The objectives of the Union shall be to: g) promote democratic principles and institutions,
popular participation and good governance; h) promote and protect human and peoples’ rights in
accordance with the African Charter on Human and Peoples’ Rights and other relevant human rights
instruments.”
18
14