51. The Court considers that one of the fundamental principles of democracy is the
regular conduct of transparent, free and fair elections20 aimed at creating the
conditions for the possibility of democratic alternation21 and, at the same time,
affording the electorate the opportunity to regularly evaluate and politically
sanction the performance of those elected officials, through universal suffrage22.
It follows, then, that State Parties can decide to conduct elections within the
timeframe provided for by law, notwithstanding the situation of the Covid-19
pandemic, if they deem it possible.
52. Concerning the postponement, the Court notes that, Article 13(1) of the Charter,
as supplemented by Articles 2 and 3 of the ACDEG, by referring to domestic law,
the determination of conditions for the exercise by citizens of the right to
participate freely in the governance of their countries, gives the competent bodies
of each State the power to decide to postpone elections in accordance with its
domestic law.
53. The Court notes that in the absence of specific provisions on the postponement
of elections, the provisions concerning the scheduling and holding of elections,
including during a situation of emergency are applicable to their postponement.
Indeed, those who can schedule elections also must be able to call them off or
postpone them if the conditions for holding the elections are not met because of
ACDEG, Article 2: “The objectives of this Charter are to: 3. Promote the holding of regular free and fair
elections to institutionalize legitimate authority of representative government as well as democratic change
of governments;” Article 3: “State Parties shall implement this Charter in accordance with the following
principles: 4. Holding of regular, transparent, free and fair elections.”
21 ACDEG, Article 23: “State Parties agree that the use of, inter alia, the following illegal means of accessing
or maintaining power constitute an unconstitutional change of government and shall draw appropriate
sanctions by the Union: 4. Any refusal by an incumbent government to relinquish power to the winning party
or candidate after free, fair and regular elections. 5. Any amendment or revision of the constitution or legal
instruments, which is an infringement on the principles of democratic change of government. Any refusal
by an incumbent government to relinquish power to the winning party or candidate after free, fair and regular
elections.”
22 ACDEG, Article 2: “The objectives of this Charter are to: “4.Holding of regular, transparent, free and fair
elections.”
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