55. The does Institute states in conclusion that, in view of the aforesaid, a State which not honour Democracy its obligations under Article is in breach of several human 17 of the African Charter on rights including the individual right of everyone to freely participate in the public affairs of his/her country and the collective right to self-determination. 56.The Court takes note of the observations of the African Union Commission and the African Institute for International Law. 57. The Court holds that, in determining whether a Convention is a human rights instrument, it is necessary to refer in particular to the purposes of such Convention. Such purposes are reflected either by an express enunciation of the subjective rights of individuals or groups of individuals, or by mandatory obligations on State Parties for the consequent enjoyment of the said rights. 58.On the express enunciation of subjective rights, this is illustrated by provisions, which directly confer the rights in question. 59.Article 13 (1 and 2) of the Charter on Human Rights provides that: “41, Every individual shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2. Every citizen shall have the right of equal access to the public service of the country” 60.Regarding the prescription of obligations for States, the Charter on Human Rights in its Article 26 stipulates that “State Parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the Charter”. Bh 2ot eo present