80. In the instant Request, the Court is of the view that there are some aspects which
form the essential content of the right of citizens to freely participate in the
government of their countries through elections34. These aspects comprise the
effective participation in the electoral process, including campaigning, fair and
equitable access to the State controlled media; the monitoring of the electoral
process by candidates, political parties and the competent voter registration
public institutions; the secret ballot; participation in the process of vote counting
and publication of the election results by political parties, candidates and any
other relevant actors for the transparency of the elections; the possibility of
contesting the results before the competent administrative and judicial bodies, if
appropriate.
81. These aspects of citizens' right to participate in the government of their countries
cannot be suppressed, even in an emergency situation such as the Covid-19
Pandemic, without undermining the integrity of the electoral process.
82. The Court is of the opinion that particular attention should be given to the right of
movement of persons during the election period, so restrictions on movement,
besides not being absolute, other measures should be considered to mitigate
restrictions such as creating conditions for meetings to be held virtually, which
rights and freedoms of the African Charter are found in Article 27.2, that is that the rights of the Charter
"shall be exercised with due regard to the rights of others, collective security, morality and common interest."
69. The reasons for possible limitations must be founded in a legitimate state interest and the evils of
limitations of rights must be strictly proportionate with and absolutely necessary for the advantages which
are to be obtained. 70. Even more important, a limitation may never have as a consequence that the right
itself becomes illusory. “
34 ACHPR, Communication 320/06 - Pierre Mamboundou c. Gabon (25 July 2013), § 48-49. See also Article
17 of the ACDEG: State Parties re-affirm their commitment to regularly holding transparent, free and fair
elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in
Africa. To this end, State Parties shall: 1. Establish and strengthen independent and impartial national
electoral bodies responsible for the management of elections. 2. Establish and strengthen national
mechanisms that redress election related disputes in a timely manner. 3. Ensure fair and equitable access
by contesting parties and candidates to state controlled media during elections. 4. Ensure that there is a
binding code of conduct governing legally recognized political stakeholders, government and other political
actors prior, during and after elections. The code shall include a commitment by political stakeholders to
accept the results of the election or challenge them in through exclusively legal channels.”
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