APDH v Côte d’Ivoire (2016) 1 AfCLR 668
I.
669
The Parties
1. The Applicant, Actions pour la Protection des Droits de l’Homme,
herein-after referred to as “APDH”, presents itself as an Ivorian NonGovernmental Human Rights Organization established in March 2003,
for the promotion, protection and defence of human rights. It also
declares that it has Observer Status before the African Commission on
Human and Peoples’ Rights (hereinafter referred to as “the
Commission”).
2. The Respondent State, the Republic of Côte d’Ivoire, became a Party
to the African Charter on Human and Peoples’ Rights (hereinafter
referred to as “the Charter on Human Rights”) on 31 March 1992, and
to the Protocol to the African Charter on Human and Peoples’ Rights on
the Establishment of an African Court on Human and Peoples’ Rights
(hereinafter referred to as “the Protocol”) on 25 January 2004 (date of
its entry into force). The Respondent State deposited the declaration
accepting the jurisdiction of the Court to receive cases from individuals
and non-governmental organizations on 23 July 2013.
II.
Subject of the Application
3. The Applicant has seized the Court with a prayer to rule that Law No
2014 335 amending Law No 2001-634 of 9 October 2001, providing for
the composition, organization, duties and functioning of the
Independent Electoral Commission (IEC) is not in conformity with the
international human rights instruments ratified by the Respondent
State, more particularly the African Charter on Democracy, Elections
and Governance (hereinafter referred to as “the African Charter on
Democracy”) and to the ECOWAS Protocol on Democracy and Good
Governance supplementary to the Protocol relating to the Mechanism
for Conflict Prevention, Management and Resolution (hereinafter
referred to as the “ECOWAS Democracy Protocol”) and consequently
order the Respondent State to amend the law in question in light of its
international commitments.
A.
Context and facts of the matter
4. This matter has its origin in the adoption by the National Assembly of
the State of Côte d’Ivoire on 28 May 2014 of Law No 2014-335, relating
to the Independent Electoral Commission of the State of Côte d’Ivoire.
5. It is noteworthy that the Ivorian Electoral body was established by
Edict No 2000-551 of 9 August 2000. Prior to that date, elections were
organized and managed by the State through the Ministry of Internal
Affairs. The Edict was subsequently amended on several occasions.
6. As indicated in Article 17 of the aforesaid Edict, the National Electoral
Commission (NEC) was a transitional body with the task to organize the
presidential, legislative and municipal elections of 2000. Its mandate
was expected to come to an end not later than fifteen (15) days after
the proclamation of the results of the municipal elections.
7. After the above elections, and pursuant to the establishment of the
institutions provided by the Constitution of 1 August 2000, the