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AFRICAN COURT LAW REPORT VOLUME 1 (2006-2016)
comprise: i) 1 (one) representative of the President of the Republic; ii) 1
(one) representative of the President of the National Assembly; iii) 1 (one)
representative of the Minister of Territorial Administration; iv) 1 (one)
representative of the Minister of the Economy and Finance; v) 1 Magistrate
appointed by the High Judicial Council; vi) 4 (four) representatives of the
Civil Society two of whom shall be drawn from faith-based organizations,
one from Non-Governmental non-religious Organizations and a Lawyer
appointed by the Bar; vii) 4 (four) representatives of the party or political
coalition in power; viii) 4 (four) representatives of opposition political parties
or groups”.
128. The foregoing provision shows that the ruling political party and
coalition, and political groupings of the Opposition are each
represented by four (4) members.
129. The Court however notes that the Government in place is further
represented by four (4) other members, namely, one representative of
the President of the Republic, one representative of the President of the
National Assembly, one representative of the Minister in charge of
Territorial Administration, and one representative of the Minister in
charge of Economy and Finance.
130. The Government is, therefore, represented by eight (8) members
as against four (4) for the Opposition.
131. The Court observes further that the impugned law provides, in its
Article 36, that the IEC Central Commission shall take its decisions by
simple majority of the members present.
132. The imbalance in the composition of the Ivorian electoral body was
also noted by the African Union Election Observer Mission (AUEOM)
which, in its report of 27 October 2015, indicated as follows:
“... In view of its composition, AUEOM found that there was an imbalance
in the numerical representation of the ruling coalition and the political
parties. AUEOM noted that the electoral authority does not command
consensus within the political class, although the current IEC is the
outcome of negotiations between the ruling party and the opposition
parties, despite its heavy political component. From its exchanges with the
socio-political actors, the Mission clearly perceived the mistrust of a section
of the opposition and the civil society as to the impartiality of the electoral
body...” (Registry translation)
133. The foregoing shows that the Ivorian electoral body does not meet
the conditions of independence and impartiality and cannot be
perceived as such.
134. In the same vein, the European Court of Human Rights, with
regard to the independence and impartiality of tribunals, held that “in
order to maintain confidence in the independence and impartiality of the
14
court, appearances may be of importance”.14
135. The Court, in conclusion, consequently holds that by adopting the
impugned law, the Respondent State violated its commitment to
establish an independent and impartial electoral body as provided
14 Case of Findlay v United Kingdom (Application No 22107/93), Judgment of 25
February 1995, para 76.