B. On the obligations of State Parties to ensure effective protection of
citizens’ right to participate in the government of their countries in
the context of an election held during a public health emergency or
a pandemic, such as the Covid-19 crisis
56. The Author submits that with the Covid-19 crisis, all African countries going
through elections in 2021 “confront contemporaneous crises of public health,
fiscal crunch, political stability and governmental legitimacy. In countries with
limited institutional buffers, the consequences could be unpredictable for citizens,
countries, regions and Africa's partners.”
57. The Author submits that “[i]n response to the Covid-19 pandemic, AU Member
States have mostly taken measures to protect the right to life by limiting such
rights as freedoms of movement, assembly, association and information, and also
the right of citizens to effectively participate in the governance of their respective
states, especially (although not limited to) through regular, free and fair elections.”
58. The Author affirms that “[t]hese measures have affected the enjoyment of basic
rights such as the rights to freedom of movement, assembly, association and
information, and also the right of citizens to effectively participate in the
governance of their respective countries, especially (although not limited to)
through regular, free and fair elections. They also have the practical effect of
constraining democratic competition, which could preclude election observation,
and potentially interfere with both campaigning and the exercise of franchise.”
59. The Author submits that in the absence of formal derogations, State Parties
remain bound by their obligations to safeguard the citizens’ right to effectively
participate in government of their countries. In this vein, it maintains that
harmonized approaches that safeguard the right to participate in government, as
enshrined in the African Charter and ACDEG, amongst other legal instruments,
should be envisaged.
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