In BAKARY SARRE & 28 ORS V. MALI (2011) (Unreported) Pg 11, Para 25, the
Court held that its competence to adjudicate in a given case depends not only on its
texts, but also on the substance of the initiating application. The Court accords every
attention to the claims made by the Applicants, the pleas in law invoked, and in an
instance where human right violation is alleged, the Court equally carefully
considers how the parties present such allegations.
Article 13 (1) of the African Charter on human and Peoples Rights guarantees the
right of every citizen to participate freely in the Government of his Country, either
directly or through freely chosen representatives in accordance with the provisions
of the law.
The African Charter on Human and Peoples’ Rights is the main source of the
community’s fundamental human rights and has enjoyed universal acceptance as the
African Regional Human Rights framework. Other key international treaties which
are pari material to the African Charter also guarantee voting rights.
Article 13 (1) protects individual rights to participate in the governance of their
Country either directly or through a freely chosen representative. This right is direct
and grants free access to vote and be voted for in accordance with the provisions of
the law. In any case, any act which restricts citizens from freely participating in the
governance of their Country will amount to a violation. Such restriction may be in
the form of denial of voting rights, campaigning for candidates, contesting for
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