* 60. According to the Amicus Curiae, “[i]f elections are to be held, the authorities must decide how they should be conducted in response to the threat posed by Covid19.” It avers that “[t]hey have to take into consideration public health imperatives, the legal framework governing elections in the country concerned, political, operational and financial factors, and States’ regional and international human rights obligations.” 61. Citing the report of the International IDEA, it affirms that “at least 78 countries and territories across the globe have decided to postpone national and subnational elections due to Covid-19; … 52 countries and territories have held elections that were initially postponed due to concerns related to Covid-19; in Africa, countries where elections have been held include: Algeria, Burkina Faso, Burundi, Cabo Verde, Cameroon, Central African Republic, Côte d’Ivoire, Egypt, Ghana, Guinea, Guinea Bissau, Kenya, Liberia, Malawi, Mali, Niger, Nigeria, Seychelles, Tanzania, Togo and Uganda at the national level.” 62. Citing several sources, the Amicus Curiae affirms that “[i]n several countries where elections were held, observers raised a series of concerns regarding the electoral process. These included restrictions pertaining to campaigning, the adverse impact on voter registration, the inability of members of vulnerable groups to effectively participate in the process, impediments faced by impartial election observers and the risk of heightened insecurity.” 63. The Amicus Curiae is of the view that State Parties when deciding whether to hold or postpone scheduled elections, should consider the opportunity for deliberation (free and fair election requires that voters have the opportunity to deliberate over the issues at stake in the election and time to formulate preferences in response to individual and collective concerns); equality of contestation; inclusivity in, and equality of, participation in elections (including by 18

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