government in the context of Covid-19 pandemic and crisis.” It submits further
that the Request is also sought in terms of the Constitutive Act of the AU, the
Maputo Protocol and ACDEG, all of which are human rights instruments within
the meaning of Article 4 of the Protocol.
***
28. The Court recalls that Article 4(1) of the Protocol, whose provisions are restated
in Rule 82(2) of the Rules,10 stipulates that the Court can give an advisory opinion
on “any legal matter relating to the Charter or any other relevant human rights instrument
….”
29. The Court observes that in the instant Request, it is requested to give its opinion
about the application of Articles 1 and 13 of the African Charter, and Articles
2(1)(2)(3)(4) (10) and (13); Articles 3(1)(4)(7)(10) and (11); Articles 4, 5, 6,7, 12,
13, 15, 17, 24, 25; Articles 32(7)(8); Articles 38(1) and 39 of the ACDEG in relation
to citizens’ right to effective participation in the government of their states,
especially (although not limited to), through regular, free and fair elections, in the
context of the Covid-19 pandemic. In these circumstances, the Court holds that
it has material jurisdiction in respect of the Request.
30. Accordingly, the Court declares that it has jurisdiction to issue an opinion in the
instant Request. Hence, the Court considers that it has answered the question
raised in paragraph 8(a) concerning the first set of questions of this Opinion, in
relation to the issue of whether it can be seized with the question on
"Safeguarding the Right to Participate in Government under Articles 1 and 13(1)
of the African Charter on Human and Peoples' Rights in Elections in Africa
affected by the Covid-19 Crisis".
10
Formerly Rule 68(2), Rules of Court 2010.
9