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70. The Court also notes the Commission’s Press Statement on human rights-based effective response to the novel Covid-19 virus in Africa26, in which it called the attention of Member States to the fact that measures to combat Covid-19 must respect human rights, including the principles of legality, legitimate aim, nondiscrimination and proportionality, under Article 27 (2) of the Charter. It should also be recalled that the Commission had already adopted a number of Resolutions on elections in Africa.27 71. For its part, the Court advocates that, as a judicial body, it is not its role to develop policy guidelines for States on how to conduct elections in a situation of emergency. The Court is of the view that this role falls essentially on the entities that promote human rights at the continental and domestic levels, which indeed have been doing so since the outbreak of the pandemic, as noted above. 72. The Court notes that in a pandemic context, where States take measures that are restrictive of human and peoples' rights or postpone elections, it is incumbent on the Court to share with those concerned, through this Opinion, the legal standards applicable to restrictions or suspension of rights under the Charter and other human rights instruments that the Court interprets and applies. 73. The Court recalls that one of the specific features of the Charter is that it does not explicit have provisions for derogation of rights even in emergency situations. This means that, under the Charter, States that choose to conduct elections 26 https://www.achpr.org/pressrelease/detail?id=522 (accessed on 2 June 2021). ACHPR/Res.23(XIX)96 – Resolution on Electoral Process and Participatory Governance; ACHPR/Res.138(XXXXIV)08 Resolution on Elections in Africa; ACHPR/Res.164 (XLVII)10 Resolution on the 2010 Elections in Africa; ACHPR/Res.232 (EXT.OS/XIII) 2013 Resolution on Elections in Africa; ACHPR/RES 239 (EXT.OS/XIV) 2013 Resolution on the 2013 Elections in Africa; ACHPR/Res.272 (LV) 2014 Resolution on the 2014 Elections in Africa; ACHPR/Res.293 (EXT.OS/XVII) 2015 Resolution on 2015 Elections in Africa; ACHPR/Res.307 (EXT.OS/ XVIII) 2015 Resolution on the Development of Guidelines on Access to Information and Elections in Africa; ACHPR/Res. 331 (EXT.OS/XIX) 2016 Resolution on Elections in Africa. 27 21

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The Right to Participate in the Government of One's Country in the Context of an Election Held During a Public Health Emergency or a Pandemic, Such as the COVID-19 Crisis, No. 001/2020, Advisory Opinion, African Court on Human and Peoples' Rights [Afr. Ct. H.P.R.] (July 16, 2021).

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COVID-19 (Postponement and Accessibility)

Description: The African Court on Human and Peoples' Rights issued an Advisory Opinion in the Request submitted by the Pan African Lawyers' Union (PALU). The court summarized three key issues: 1) Whether or not to hold an election in the context of a public health emergency or pandemic, such as COVID-19; 2) On the obligations of States Parties to ensure effective protection of the right of citizens to participate freely in the conduct of public affairs of their country in the context of an election held during a public health emergency or pandemic, such as the COVID-19 crisis; and 3) On the obligations of state parties that decide to postpone elections due to a public health emergency or pandemic, such as the COVID-19 crisis.

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Latitude: -6.197854236

Longitude: 35.76019976

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Author(s): African Court on Human and Peoples' Rights

Link: Advisory Opinion No. 001/2020

Date: Jul 16, 2021

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No. 001/2020, Advisory Opinion, Afr. Ct. H.P.R. 07-16-2021.pdf
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Advisory Opinion Summary No. 001:2020 07-16-2021.pdf200.29 kB

Election Judgments - IFES

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The Right to Participate in the Government of One's Country in the Context of an Election Held During a Public Health Emergency or a Pandemic, Such as the COVID-19 Crisis, No. 001/2020, Advisory Opinion, African Court on Human and Peoples' Rights [Afr. Ct. H.P.R.] (July 16, 2021).

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