APDH v Côte d’Ivoire (2016) 1 AfCLR 668 675 may be described as “a relevant human rights instrument” which the Court has jurisdiction to interpret and implement 53. For its part, the African Institute for International Law notes that the link between democracy and human rights has been established by several international human rights instruments, especially the Universal Declaration of Human Rights in its Article 21(3) which provides that: “The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.” 54. The Institute also contends that the African Charter on Democracy is a human rights instrument in the sense that it confers rights and freedoms to individuals. According to the Institute, this Charter explains, interprets and enforces the rights and freedoms enshrined in the Charter on Human Rights, the Constitutive Act of the African Union, the Grand Bay Declaration and Plan of Action (1999), the Declaration on the Principles Governing Democratic Elections in Africa55 and the Kigali Declaration of 2003. It declares that this Charter also forms part of the continental human rights architecture and is integrated into several decisions of the African Commission on Human and Peoples’ Rights. According to the Institute, the said legal instruments should not be read separately but rather together. 55. The Institute states in conclusion that, in view of the aforesaid, a State which does not honour its obligations under Article 17 of the African Charter on Democracy is in breach of several human rights including the individual right of everyone to freely participate in the public affairs of his/her country and the collective right to selfdetermination. 56. The Court takes note of the observations of the African Union Commission and the African Institute for International Law. 57. The Court holds that, in determining whether a Convention is a human rights instrument, it is necessary to refer in particular to the purposes of such Convention. Such purposes are reflected either by an express enunciation of the subjective rights of individuals or groups of individuals, or by mandatory obligations on State Parties for the consequent enjoyment of the said rights. 58. On the express enunciation of subjective rights, this is illustrated by provisions, which directly confer the rights in question. 59. Article 13(1 and 2) of the Charter on Human Rights provides that: “1. Every individual shall have the right to participate freely in the government of his cut, either directly through freely chosen representatives in accordance with the provisions of the law. 2. Every citizen shall have the right of equal access to the public service of the country.” 60. Regarding the prescription of obligations for States, the Charter on Human Rights in its Article 26 stipulates that 5 AHD/Decl.9 (XXXVIII), 2002.