94. The Court notes that Article 13(1) of the Charter provides that “Every citizen shall
have the right to participate freely in the government of his country, either directly or
through freely chosen representatives in accordance with the provisions of the law.”
95. The Court notes that Article 2(3) of the ACDEG, an instrument that complements
the Charter37, provides that "The objectives of the present Charter are to: Promote the
holding of regular free and fair elections to institutionalize legitimate authority of
representative government as well as democratic change of governments." In turn,
Article 3(4) of the same instrument provides that "[t]he State Parties shall implement
this Charter in accordance with the following principles: Holding of regular, transparent,
free and fair elections.”
96. The Court is of the view that the above provisions refer back to domestic law the
definition of the conditions for the exercise by the citizens of their right to
participate in the government of their countries through elections, including in
particular their postponement. As these aspects are not directly regulated by the
Charter and the ACDEG, the Court considers that it is for the domestic law to
define the conditions for postponing elections, namely (i) specific the criteria for
postponement and (ii) the regime applicable in the event the term of office of the
elected officials expires without elections having been held.
97. The Court recalls that it has held that “whilst the said clause envisages the
enactment of rules and regulations for the enjoyment of the rights enshrined
therein, such rules and regulations may not be allowed to nullify the very rights
and liberties they are to regulate.”38 Thus, domestic regulations must comply with
international standards in determining the conditions of exercise of the right in
question.
Actions pour la Protection des Droits de l’Homme (APDH) v. Côte d’Ivoire (18 November 2016) 1 AfCLR
668, § 63.
38 Tanganyika Law Society, Legal and Human Rights Centre and Reverend Christopher R Mtikila v
Tanzania (merits), § 109; ACHPR, Amnesty International v. Zambia, African Commission on Human and
Peoples' Rights, Comm. No. 212/98 (5 May 1999), § 50.
37
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