INTRODUCTION Elections are the time-tested method of enabling all citizens to choose their political leaders and ensuring representation in governance of different interests. There is no other more safe and peaceful means of ensuring that people select their leaders in a manner which is measurable and verifiable. Moreover, the periodic nature of elections makes regular changes of leadership possible and gives opportunity to those that desire change in society to make their interests and agendas known. Elections are also a sure means of bringing leaders to account and to evaluate their performance. Indeed, elections are one of the key ways of ensuring that people take part in their governance. It is based on this, among others, that the rights related to political representation and the right to vote are guaranteed in several international instruments. The Universal Declaration of Human Rights (UDHR) guarantees everyone the right “to take part in the government of his country, directly or through freely chosen representatives.”1 The International Covenant on Civil and Political Rights (ICCPR) is even more forthright on the right to vote.2 It guarantees every citizen the right to “vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.”3 As seen above, this provision goes on to prescribe the standards to which elections should adhere, which includes “universal and equal suffrage,” “secret ballot,” and “free expression of the will of electors.” To be effective, these rights need to be accompanied by other political rights, such as freedom of speech, freedom of assembly and 1 2 3 4 5 6 7 8 2 association, the right to an effective remedy, and freedom from discrimination and equality before the law. These standards have been supplemented by further treaties and developed by the relevant treaty monitoring bodies.4 These standards are affirmed by the United Nations throughout its work. For instance, the United Nations Secretary General is quoted saying that: The credibility of an election is closely related to the extent to which (a) the democratic principles of universal suffrage and political equality and other international obligations are respected and (b) the election is professional, accurate, impartial and transparent in all stages of its administration.”5 For its part, the African Charter on Human and Peoples Rights (ACHPR) guarantees every citizen “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.”6 The African Charter on Democracy, Elections and Governance (ACDEG) is more forthright and more detailed.7 The ACDEG’s adoption by the African Union (AU) was informed by the need “to entrench in the Continent a political culture of change of power based on the holding of regular, free, fair and transparent elections conducted by competent, independent and impartial national electoral bodies.”8 Elections in Africa need to be understood against the backdrop of the history of the continent as related to democratisation. It has been demonstrated that Africa has gone through two phases of what has been described as “liberation.” Universal Declaration of Human Rights, adopted and proclaimed by United Nations General Assembly Resolution 217 A (III) of 10 December 1948, Article 21(1). International Covenant on Civil and Political Rights, adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966. ICCPR, Article 25(a). The International Convention on the Elimination of All Forms of Racial Discrimination 1966, the Convention on the Elimination of All Forms of Discrimination Against Women 1979, the Convention on the Rights of Persons with Disabilities 2006 and the United Nations Convention Against Corruption 2003. United Nations Strengthening the role of the United Nations in enhancing the effectiveness of the principle of periodic and genuine elections and the promotion of democratization - Report of the Secretary-General 2011(A/66/314). African Charter on Human and Peoples Rights, adopted at the 8th Assembly of Heads of State and Government of the Organisation of African Unity, June 1981, Article 13(1). African Charter on Democracy, Elections and Governance, adopted by the African Union Eight Ordinary Session of the Assembly, Addis Ababa, Ethiopia, 30th January 2007. ACDEG, preamble, para 8.