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

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