The African Commission on Human and Peoples’ Rights (the Commission), cognisant of the numerous elections scheduled to take place in African countries in the course of 2020 and those that have already taken place, and mindful of the need for the institution of public health measures to contain the novel coronavirus (COVID-19) pandemic in Africa, is concerned about the impact of COVID-19 on the right to regular, free, fair and transparent elections.
The Commission affirms that the right to regular, free, fair and credible election is the most sacred democratic norm that serves as a primary means for the exercise of the sovereign right of a people to self-government under Article 20 of the African Charter and the right of individuals to participation in public affairs under Article 13 of the African Charter. The conduct of elections within constitutionally established parameters and applicable human rights standards including those provided for in the African Charter on Democracy, Elections and Governance, is a pre-requisite for the maintenance of a democratic, accountable and responsive system of government.
The Commission also recognizes that the public health measures that States adopt to safeguard the health and life of the public within the framework of the 28 February and 24 March Statements of the African Commission and Article 27 of the African Charter on Human and Peoples’ Rights (African Charter) can result in, and justifiably necessitate limiting the exercise of various civil and political rights including freedom of movement, freedom of assembly and freedom of association, which are key to the implementation of free, fair and credible elections.
The Commission recognizes the inevitable tension that arises between upholding the legally established public health measures and the right to regular, free, fair and credible elections and is mindful of the prerogative of States Parties to the African Charter, given their respective contexts, to take the most appropriate course of action in deciding whether to proceed with elections or to postpone them.
Drawing on existing regional and international human rights standards by which States Parties to the African Charter are bound when conducting elections and the best practices adopted around the continent, the Commission calls on all concerned States to ensure that in deciding whether to proceed with elections, the following human rights standards are upheld:
Pre-election:
During the election:
Post-election:
Postponed elections:
Where States opt for postponing elections, they should ensure that:
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