APDH v Côte d’Ivoire (2016) 1 AfCLR 668
683
116. The foregoing provisions show that there are no precise
indications as to the characteristics of an “independent” and “impartial”
electoral body.
117. According to the Dictionary of International Public Law,
“independence” is the fact of a person or an entity not depending on any
other authority than its own or at least not depending on the State in
which he exercises his functions. As for impartiality, this is the absence
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of bias, prejudice and conflict of interest.12
118. The Court holds that an electoral body is independent where it has
administrative and financial autonomy; and offers sufficient guarantees
of its members’ independence and impartiality.
119. This is also the position of the International Institute for Democracy
and Electoral Assistance (International IDEA), which is a credible
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international institution, specialized in electoral matters.13
120. Given the fact that the Applicant’s allegations relate to the
composition of the Ivorian electoral body, the Court shall determine the
independence and impartiality of this body in relation to its structure as
prescribed by the impugned law.
121. Regarding the institutional independence of this body, Article 1(2)
of the impugned law provides that: “... the IEC is an independent
administrative authority endowed with legal personality and financial
autonomy”.
122. The above provision shows that the legal framework governing the
Ivorian electoral body leaves room for assumption that the latter is
institutionally independent.
123. The Court, however, notes that institutional independence in itself
is not sufficient to guarantee the transparent, free and fair elections
advocated in the African Charter on Democracy and the ECOWAS
Democracy Protocol. The electoral body in place should, in addition, be
constituted according to law in a way that guarantees its independence
and impartiality, and should be perceived as such.
124. The Court notes that the majority of the members of the Ivorian
electoral body are appointed by personalities and political parties
contesting elections.
125. The Court is of the opinion that, for a body to be able to reassure
the public about its ability to organise transparent, free and fair election,
its composition must be balanced.
126. The issue here is therefore to determine whether the composition
of the Ivorian electoral body is balanced.
127. Article 5 of the impugned law provides that:
“The Independent Electoral Commission shall comprise a Central
Commission and local Commissions at regional, departmental, communal
and sub-prefectural levels. Members of the Central Commission shall
12 Jean Salmon Dictionary of International Public Law - Bruylant, Brussels, 2001, pp
570 and 562.
13 Electoral Management Design: Handbook of the IDEA (2010) 7.