67. The Court observes that, as noted by the Author and the Amicus Curiae, after the
WHO declared the Pandemic, a number of countries that organised elections took
restrictive measures that negatively impacted the right of citizens to participate in
the government of their countries through elections and the exercise of other
rights during the election period. These measures include restrictions on rights
during the election period, including the right of movement of candidates and
voters, to register, to obtain documents necessary for submission of
candidatures, to participate in meetings related to elections, to access information
related to the electoral process, as well as election observation by domestic and
international observers.
68. Also following the declaration of a pandemic, different national and international
institutions, including the WHO itself, the AU's relevant bodies, Regional
Economic Communities (RECs), and certain civil society organisations issued
instructions or guidelines on measures to be taken to mitigate the spread of the
disease, including in an electoral context.
69. The Court particularly notes the Communiqué of the AU Peace and Security
Council, which recommends to States that decide to organise elections during
this period
to create the necessary conducive conditions to ensure safety and security
of the population against Covid-19, in line with safeguard protocols issued
by World Health Organization (WHO) and the CDC Africa, as well as to
preserve the gains made and to maintain the current momentum in the fight
against the pandemic and other public health emergencies.25
25
Communiqué PSC/PR/COMM.(CMLXXVI) § 3, adopted at its 976th meeting held on 29 January 2021,
on AU Guidelines on Elections in Africa in the Context of the Novel Coronavirus (Covid-19) Pandemic and
Other Public Health Emergencies.
20