APDH v Côte d’Ivoire (2016) 1 AfCLR 668 683 116. The foregoing provisions show that there are no precise indications as to the characteristics of an “independent” and “impartial” electoral body. 117. According to the Dictionary of International Public Law, “independence” is the fact of a person or an entity not depending on any other authority than its own or at least not depending on the State in which he exercises his functions. As for impartiality, this is the absence 12 of bias, prejudice and conflict of interest.12 118. The Court holds that an electoral body is independent where it has administrative and financial autonomy; and offers sufficient guarantees of its members’ independence and impartiality. 119. This is also the position of the International Institute for Democracy and Electoral Assistance (International IDEA), which is a credible 13 international institution, specialized in electoral matters.13 120. Given the fact that the Applicant’s allegations relate to the composition of the Ivorian electoral body, the Court shall determine the independence and impartiality of this body in relation to its structure as prescribed by the impugned law. 121. Regarding the institutional independence of this body, Article 1(2) of the impugned law provides that: “... the IEC is an independent administrative authority endowed with legal personality and financial autonomy”. 122. The above provision shows that the legal framework governing the Ivorian electoral body leaves room for assumption that the latter is institutionally independent. 123. The Court, however, notes that institutional independence in itself is not sufficient to guarantee the transparent, free and fair elections advocated in the African Charter on Democracy and the ECOWAS Democracy Protocol. The electoral body in place should, in addition, be constituted according to law in a way that guarantees its independence and impartiality, and should be perceived as such. 124. The Court notes that the majority of the members of the Ivorian electoral body are appointed by personalities and political parties contesting elections. 125. The Court is of the opinion that, for a body to be able to reassure the public about its ability to organise transparent, free and fair election, its composition must be balanced. 126. The issue here is therefore to determine whether the composition of the Ivorian electoral body is balanced. 127. Article 5 of the impugned law provides that: “The Independent Electoral Commission shall comprise a Central Commission and local Commissions at regional, departmental, communal and sub-prefectural levels. Members of the Central Commission shall 12 Jean Salmon Dictionary of International Public Law - Bruylant, Brussels, 2001, pp 570 and 562. 13 Electoral Management Design: Handbook of the IDEA (2010) 7.

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