![]() ![]() See Actions Pour la Protection des Droits de l’Homme v. 2014-335, alleged before the African Court that the State violated the rights to equal protection before the law and to an independent and impartial electoral body as enshrined in articles 3, 13(1), and 13(2) of the African Charter on Human and Peoples’ Rights ( African Charter) articles 10(3) and 17(1) of the African Charter on Democracy, Elections and Governance ( African Charter on Democracy) Article 3 of the ECOWAS Protocol on Democracy and Good Governance (ECOWAS Democracy Protocol) Article 1 of the Universal Declaration of Human Rights ( UDHR) and Article 26 of the International Covenant on Civil Political Rights ( ICCPR). African Court’s AnalysisĪPDH, challenging Law No. 277/2003, Merits Decision, 10 th Extraordinary Session, December 2011, paras. See, e.g., ACommHPR, Spilg and Mack & DITSHWANELO (on behalf of Lehlohonolo Bernard Kobedi) v. The African system, however, allows such complaints. In other human rights systems, a complaint generally challenging a law’s compatibility with human rights standards would be considered an actio popularis and the NGO bringing the complaint would lack standing. As a non-governmental organization with observer status before the African Commission on Human and Peoples’ Rights, APDH is authorized to present complaints to the African Court concerning any of the eight States that have authorized the Court to receive complaints by individuals or NGOs. 14, 18-19.Īssociation pour la Protection des Droits de l’Homme (APDH) then submitted its application to the African Court, in July 2014. Immediately, a group of 29 parliamentarians of the National Assembly appealed to the Constitutional Council of the Côte d’Ivoire alleging that four provisions of the law (articles 5, 15-17) were unconstitutional under Article 2 (equal protection) and Article 33(1) (universal and equal suffrage) of the Ivorian Constitution, and in June 2014 that claim was dismissed. 2014-335 creating the current IEC’s membership of four opposition representatives and eight government representatives. Eventually, in 2014 – a year ahead of the 2015 general elections – parliament adopted Law No. National law provided that the IEC members’ mandates would expire upon the 2010 elections. Parliament subsequently amended the law several times, establishing the Independent Electoral Commission (IEC). ![]() The first electoral body was temporarily given the task of organizing the presidential, legislative, and municipal elections in 2000, but the parliament established a second electoral body, the Independent Electoral Commission, by law in 2001. BackgroundĪn electoral body in Cote d’Ivoire was initially established by law in 2000, taking on the duty of organizing elections previously conducted by the government through the Ministry of Internal Affairs. The Court has previously found a violation of the right to participate in government where independent candidates were effectively prevented from running for office. This is the first time the Court has found violations of certain provisions of the African Charter on Democracy, Elections and Governance and ECOWAS Protocol on Democracy and Good Governance, which the Court determined are “human rights instruments” within its material jurisdiction. The Court ordered the State to amend the relevant law to comply with its international obligations. In its Novemjudgment, the African Court held that Côte d’Ivoire’s electoral body lacked the necessary independence and impartiality, thereby violating citizens’ rights to political participation and equal protection, because the body was composed of eight representatives of the ruling party and only four representatives of the political opposition and made decisions by simple majority. ![]() Gbagbo is currently facing trial at the International Criminal Court on crimes against humanity charges related to violence following his defeat in the 2010 election. See AfCHPR, Actions Pour la Protection des Droits de l’Homme v. The African Court on Human and Peoples’ Rights ( AfCHPR) has issued a new judgment, holding that Côte d’Ivoire violated various human rights obligations in establishing a partisan election monitoring body ahead of the 2015 national elections, the first held since Alassane Ouattara succeeded Laurent Gbagbo in the presidency following an end to the country’s civil war. The African Court on Human and Peoples’ Rights in session in May 2016 ![]()
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