made by the said States under Article 17 of the African Charter on Democracy
and Article 3 of the ECOWAS
said
commitment
Democracy Protocol; that implementation of the
is reflected
in the
obligation
also
emanating
from
these
provisions; that the State Parties, including Céte d’lvoire, have the obligation to
establish and strengthen independent and impartial national electoral bodies.
109. The Applicant contends that a majority of the members
body represent personalities, groups
have
special
independent
from whom
this
lack
interests
to
protect,
of the Ivorian electoral
and political parties; that since the latter
their
representatives
cannot
or impartial; that an agent is hardly independent
he receives the directives required to discharge
of independence
is valid for all members
of the
claim
to be
of his superior
his mandate; that
IEC
representing
personalities or political parties.
110. The
Applicant
argues
that,
in
choosing
this
mode
personalities and political parties for the composition
Respondent
State
violated
its commitment
of
representation
of
of its electoral body, the
to establish
an
independent
and
impartial body for management of elections.
111. The Respondent State refutes the Applicant’s allegations. It maintains that the
composition
of the electoral body integrates all the parties concerned
for the
proper conduct, transparency and credibility of the electoral exercise; that the
current configuration of the IEC was arrived at consensually; that, besides, this
practice
is consistent
with
the
letter and
spirit of the
ECOWAS
Democracy
Protocol, especially Article 3 thereof.
112. With respect to representation of personalities and political parties within the
IEC, the Respondent State contends that, within the meaning of Article 5 of the
impugned law, representation as a mandate does not bind members of the IEC
to the personalities and political parties; that the said members of the electoral
commission are not subject to any administrative hierarchy nor do they receive
NG
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,