A. On the decision to conduct or not to conduct elections in the context of
a public health emergency or a pandemic, such as the Covid-19
B. On the obligations of State Parties to ensure effective protection of
citizens’ right to participate in the government of their countries in the
context of an election held during a public health emergency or a
pandemic, such as the Covid-19 crisis
C. On the obligations of State Parties that decide to postpone elections
because of a public health emergency or a pandemic, such as the Covid19 crisis
42. The Court notes that the citizens’ right to participate freely in the government of
their countries is very broad. It does not cover only direct and indirect participation
in the government of their countries through elections. However, in the instant
Request, the Author limits its question to the participation of citizens in the
government of their respective countries within an electoral framework. Thus, the
Court’s response will be limited to the material scope as set out by the Author.
43. In relation to the instruments invoked by the Author, the Court notes that the
Charter13 and the ACDEG14 have been ratified by fifty-four (54) and thirty-four
(34) of the fifty-five (55) Member States of the AU, respectively.
44. The Court observes that some Member States of the AU have not ratified the
instruments that the Author has invited it to interpret in responding to its
questions. Nevertheless, the Court notes that, under Article 3(h) of the
13
https://au.int/sites/default/files/treaties/36390-sl-african_charter_on_human_and_peoples_rights_2.pdf
(accessed on 25 May 2021).
14
https://au.int/sites/default/files/treaties/36384-slAFRICAN%20CHARTER%20ON%20DEMOCRACY%2C%20ELECTIONS%20AND%20GOVERNANCE.
PDF (accessed on 25 May 2021)
12