94. The Court notes that Article 13(1) of the Charter provides that “Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.” 95. The Court notes that Article 2(3) of the ACDEG, an instrument that complements the Charter37, provides that "The objectives of the present Charter are to: Promote the holding of regular free and fair elections to institutionalize legitimate authority of representative government as well as democratic change of governments." In turn, Article 3(4) of the same instrument provides that "[t]he State Parties shall implement this Charter in accordance with the following principles: Holding of regular, transparent, free and fair elections.” 96. The Court is of the view that the above provisions refer back to domestic law the definition of the conditions for the exercise by the citizens of their right to participate in the government of their countries through elections, including in particular their postponement. As these aspects are not directly regulated by the Charter and the ACDEG, the Court considers that it is for the domestic law to define the conditions for postponing elections, namely (i) specific the criteria for postponement and (ii) the regime applicable in the event the term of office of the elected officials expires without elections having been held. 97. The Court recalls that it has held that “whilst the said clause envisages the enactment of rules and regulations for the enjoyment of the rights enshrined therein, such rules and regulations may not be allowed to nullify the very rights and liberties they are to regulate.”38 Thus, domestic regulations must comply with international standards in determining the conditions of exercise of the right in question. Actions pour la Protection des Droits de l’Homme (APDH) v. Côte d’Ivoire (18 November 2016) 1 AfCLR 668, § 63. 38 Tanganyika Law Society, Legal and Human Rights Centre and Reverend Christopher R Mtikila v Tanzania (merits), § 109; ACHPR, Amnesty International v. Zambia, African Commission on Human and Peoples' Rights, Comm. No. 212/98 (5 May 1999), § 50. 37 28

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