requires improving the coverage of the telecommunications network, lifting
restrictions on the use of online communication platforms, namely social media.
83. On polling day and at electoral events involving crowds of people, appropriate
protective measures such as social distancing, the wearing of masks, the
sanitation of polling booths and ballot papers, and the protection of polling agents
are required, among other such measures that States may deem appropriate.35
84. Finally, measures restricting rights must not be discriminatory. That is, a State
should seek to ensure that, within the overall framework, the measures taken do
not, in practice, create an advantage for one party, notably, the incumbent
governing parties or candidates, to the detriment of other candidates or parties.
85. From the above, the Court is of the opinion that States should regularly conduct
elections within the electoral calendar. In a situation of an emergency, such as
the Covid-19 Pandemic, it is incumbent upon the States which are sovereign to
determine when to conduct elections and to take appropriate measures to protect
the health and life of people without undermining the integrity of the elections.
C. On the obligations of State Parties that decide to postpone
elections because of a public health emergency or a pandemic,
such as the Covid-19 crisis
86. The Author considers that several elections in AU member states are scheduled
to be held during the Covid-19 pandemic. In 2020 alone, elections were
scheduled in twenty-two (22) AU member states. Therefore, the Author finds it
pertinent for the Court to respond to the “growing calls for harmonized
approaches that safeguard the right to participate in government, as enshrined in
35
https://www.who.int/emergencies/diseases/novel-coronavirus-2019 (accessed on
https://africacdc.org/africa-mask-week-23-30-november-2020/ (accessed on 24.6.2021).
25
24.6.2021);