the emergency situation, as is the case with the Covid-19 pandemic. If necessary, appropriate legislation can be adopted for this purpose. 54. The Court is of the view that even though the decision to conduct or not to conduct elections, remains with the competent organs of the State concerned, because of the situation of a public health emergency or a pandemic, a consultation of health authorities and political actors, including representatives of civil society, is necessary to ensure the inclusiveness of the process23. 55. The consultation should concern not only the decision to hold elections but also the measures necessary to ensure that they are conducted in a transparent, free and fair manner. In this regard, the Court recalls that the provisions of the ECOWAS Protocol on Democracy and Elections, which requires that the consent of the majority of political actors needs to be obtained when substantial changes are made to the electoral laws within six (6) months before the elections24, are an important source of inspiration for states that decide to conduct elections during a situation of public health emergency. 23 ACDEG: Article 3: State Parties shall implement this Charter in accordance with the following principles: 7. “Effective participation of citizens in democratic and development processes and in governance of public affairs.” Article 8: State Parties shall eliminate all forms of discrimination, especially those based on political opinion, gender, ethnic, religious and racial grounds as well as any other form of intolerance. 2. State Parties shall adopt legislative and administrative measures to guarantee the rights of women, ethnic minorities, migrants, people with disabilities, refugees and displaced persons and other marginalized and vulnerable social groups. 3. State Parties shall respect ethnic, cultural and religious diversity, which contributes to strengthening democracy and citizen participation.” Article 13: “State Parties shall take measures to ensure and maintain political and social dialogue, as well as public trust and transparency between political leaders and the people, in order to consolidate democracy and peace.” Article 28: “State Parties shall ensure and promote strong partnerships and dialogue between government, civil society and private sector.” 24 Protocol A/SP1/12/01 on Democracy and Good Governance Supplementary to the Protocol relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping and Security, Article 2(1): No substantial modification shall be made to the electoral laws in the last six (6) months before the elections, except with the consent of a majority of Political actors. 16