electoral
body,
Republic,
either as
political
13
through
various
entities,
representatives
personalities
(President
represent
of political
of the
the
parties,
Republic,
President
of the
or representatives
President
of the
of
National
Assembly, various Ministers) or as representatives of the institutions under his
control (High Judicial Council).
138. The Applicant further submits that the said members can, during elections, tilt
the balance in favour of the President of the Republic who is a candidate for his
own
succession,
or
in
favour
of
partisan
candidates
at
the
expense
of
independent candidates and candidates of the Opposition.
139. The Applicant in conclusion maintained that by adopting the impugned law, the
Respondent
before
State
violated
the law and
several
its commitment
the right to equal
international human
especially
Democracy
Governance
the
Charter on
(Article
to protect
protection
the
Rights
10 (3), the ECOWAS
to equality
by the law as enshrined
rights instruments to which
Human
rights
(Article
Protocol
the State is a Party,
3), the African
on
in
Democracy
(Article 3), the Universal Declaration of Human
Charter
and
on
Good
Rights (Article 1),
and the Covenant (Article 26).
140. The
Respondent
understand
State
refutes
this
allegation,
arguing
that
it is difficult to
the Applicant's complaint over the representation
of the so-called
independent candidates because according to the Respondent State such a
claim
challenges
the strong
presence
of members
appointed
by the political
parties or the political authorities.
141. It further contends
that no
provision
of the
impugned
law
deprives
Ivorian
citizens that have fulfilled the requisite conditions of the right to participate in the
public affairs of their country.
32
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