VIII. REPARATIONS
131. The Applicants pray the Court to order that “the Respondent puts in place
Constitutional and Legislative measures to guarantee the rights provided for
under Article 1, 3 and 13(1) of the Charter.”
*
132. The Respondent State prays the Court for the following:
i.
A declaration that the Respondent State has not violated Article 1, 3 and
13(1) of the African Charter on Human and Peoples’ Rights by enacting
sections 4(1), 6(1), 7(2) and 7(3) of the National Elections Act;
ii.
A declaration that the Respondent State has not violated Article 25(a)
and (b) and 26 of the International Covenant on Civil and Political Rights
by enacting sections 4(1), 6(1), 7(2) and 7(3) of the National Elections
Act;
iii. A declaration that the Respondent State has not violated Article 21(1)
and (3) of the Universal Declaration of Human Rights by enacting
sections 4(1), 6(1), 7(2) and 7(3) of the National Elections Act;
iv. Any other order or relief that the Hon. Court will deem fit to grant; and
v.
That the Application be dismissed with costs.
***
133. Article 27 of the Protocol provides that: “if the Court finds that there has
been violation of a human or people’s rights it shall make appropriate orders
to remedy the violation, including the payment of fair compensation or
reparation.”
134. The Court considers that, as it has consistently held, for reparations to be
granted, the Respondent State should, first, be internationally responsible
for the wrongful act. Second, causation should be established between the
wrongful act and the alleged prejudice. Furthermore, and where it is
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