APDH v Côte d’Ivoire (2016) 1 AfCLR 668
695
alleges violation of only the African Charter on Democracy, Elections
26
and Governance;26
it made a similar allegation in its additional
27 its additional brief dated 4 November
Application dated 14 April 2015,27
28 and at the public hearing held on Thursday 3 March 2016.29
29
2015,28
30
31
The content of paragraphs 3730
and 3831
of the judgment is therefore
more faithful to the reality (see to a lesser extent paragraph 3).
29. It is true that the Applicant mentions the African Charter on Human
and Peoples’ Rights, the ECOWAS Protocol on Democracy and Good
Governance and the International Covenant on Civil and Political
32
Rights in the reasoning of its additional submissions.32
The Applicant
merely states, however, that these three instruments also guarantee
the “right to equality of all before the law” without expressly invoking
their violation. In any event, it makes no mention of these three
instruments in relation to the core issue under discussion, namely, the
independence and impartiality of the Independent Electoral
33
Commission. The same is true with regard to its pleadings.33
26 See pp 2, 3, 5 and 6; see also the letter of 7 July 2014 by which the Applicant filed its
Application.
27 See pp 1, 8, 12, 13, 14 and 15.
28 “Declare and rule that the [impugned] law violates: 1) the right to equality of all
before the law as provided in particular under Article 10.3 of the African Charter on
Democracy, Elections and Governance; 2) the right to have independent and
impartial national electoral bodies responsible for elections, as provided in particular
under Article 17 paragraph 1 of the African Charter on Democracy, Elections and
Governance”, p. 11.
29 “Mr President, in light of all that we have argued and all the Pleadings that we have
sent to the Court, APDH respectfully asks that its Application be declared admissible
and that therefore it should be declared that the Ivorian Law governing the Electoral
Commission violates Human Rights in its Article 17 of the African Charter on
Democracy, Elections and Governance and therefore condemn Cote D’Ivoire to
amend its Electoral Law to the provisions of Article 17 of the Charter so that Côte
D’Ivoire can truly become a Democratic State as has been stated in the Charter” Mr
Guizot Takoré’s Pleadings, Record of Proceedings of the Public Hearing of
Thursday 3 March 2016, pp. 1 and 12; see also the Pleadings Documents dated 3
March 2016, p. 23.
30 “In its Application, APDH prays the Court to rule that the afore-mentioned Law No.
2014-335, is not in conformity with the African Charter on Democracy and,
consequently, order the State of Côte d’Ivoire to review the said law in light of its
international commitments”.
31 “In its additional pleadings, the Applicant prays the Court to ... declare and rule that
the Ivorian law No. 2014-335 of 5 June 2014 (sic) on the Independent Electoral
Commission, especially the new Articles 5, 15, 16 and 17 thereof, violates the right
to equality of everyone before the law as well as the right to an independent and
impartial national electoral body with responsibility for management of elections
provided under Articles 10(3) and 17(1) of the Charter on Democracy”.
32 Additional brief pp. 2, 3 and 4.
33 See Pleadings document dated 3 March 2016, pp. 16-17. At the hearing, the
Applicant, in its reasoning, however indicated that “the established violations of this
law, relate to rights such as the right to equality of all before the law, the right to
independent and impartial electoral bodies for management of elections, the right to
participate in public affairs, the right to self-determination which are guaranteed both
by the African Charter on Human and Peoples’ Rights, the African Charter on
Democracy, Elections and Governance “as well as the ECOWAS Protocol on
Democracy and Good Governance and the International Covenant on Civil and
Political Rights, Record of Proceedings of the Public Hearing of Thursday 3 March
2016, p. 4.