7. They aver that “while State Parties unquestionably enjoy considerable latitude in
managing this unprecedented public health emergency, it remains the case that,
in the absence of formal derogations, State Parties remain bound by their
obligations to safeguard the right to effectively participate in government as
enshrined in the Constitutive Act of the African Union, the African Charter and its
Protocols, ACDEG and other legal instruments under the AU or regional
economic communities (RECs) recognised by the AU.”
8. In these circumstances and for these reasons, the Author requests for an
Advisory Opinion from the Court on the following questions:
a. Whether this Honourable Court cannot be seized with the question of
this advisory opinion in terms of "Safeguarding the Right to Participate
in Government under Articles 1 and 13(1) of the African Charter on
Human and Peoples' Rights in Elections in Africa Affected by the
Covid-19 Crisis."
b. Whether this Honourable Court cannot interpret and lay down in terms
of treaty law applicable to State Parties, standards for conducting
elections during or affected by the Covid-19 crisis.
If either or both of the above questions are resolved in the affirmative, this
Honourable Court is invited to further dispose of the following questions:
a. What, if any, are the applicable obligations of State Parties for ensuring
effective protection of the citizen's right to participate in the government in
the context of an election held during the pendency of a declaration of a
public health disaster or emergency, such as the Covid-19 crisis, in light of
the express provisions of Articles 1 and 13 of the African Charter, and
Articles 2(1) (2) (3) (4) (10) and (13); Articles 3(1) (4) (7) (10) and (11);
Articles 4, 5, 6, 7, 12, 13, 15, 17, 24, 25; Articles 32(7)(8); Articles 38(1)
and 39 of the ACDEG?
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