80. In the instant Request, the Court is of the view that there are some aspects which form the essential content of the right of citizens to freely participate in the government of their countries through elections34. These aspects comprise the effective participation in the electoral process, including campaigning, fair and equitable access to the State controlled media; the monitoring of the electoral process by candidates, political parties and the competent voter registration public institutions; the secret ballot; participation in the process of vote counting and publication of the election results by political parties, candidates and any other relevant actors for the transparency of the elections; the possibility of contesting the results before the competent administrative and judicial bodies, if appropriate. 81. These aspects of citizens' right to participate in the government of their countries cannot be suppressed, even in an emergency situation such as the Covid-19 Pandemic, without undermining the integrity of the electoral process. 82. The Court is of the opinion that particular attention should be given to the right of movement of persons during the election period, so restrictions on movement, besides not being absolute, other measures should be considered to mitigate restrictions such as creating conditions for meetings to be held virtually, which rights and freedoms of the African Charter are found in Article 27.2, that is that the rights of the Charter "shall be exercised with due regard to the rights of others, collective security, morality and common interest." 69. The reasons for possible limitations must be founded in a legitimate state interest and the evils of limitations of rights must be strictly proportionate with and absolutely necessary for the advantages which are to be obtained. 70. Even more important, a limitation may never have as a consequence that the right itself becomes illusory. “ 34 ACHPR, Communication 320/06 - Pierre Mamboundou c. Gabon (25 July 2013), § 48-49. See also Article 17 of the ACDEG: State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in Africa. To this end, State Parties shall: 1. Establish and strengthen independent and impartial national electoral bodies responsible for the management of elections. 2. Establish and strengthen national mechanisms that redress election related disputes in a timely manner. 3. Ensure fair and equitable access by contesting parties and candidates to state controlled media during elections. 4. Ensure that there is a binding code of conduct governing legally recognized political stakeholders, government and other political actors prior, during and after elections. The code shall include a commitment by political stakeholders to accept the results of the election or challenge them in through exclusively legal channels.” 24

Select target paragraph3