concern of the Applicants that the Electoral Commission at the Local levels lacks
a more diverse composition compared to the Central Electoral Commission.
185. The Court also notes that following the modification of Law N° 2019 — 708 of 05
August 2019 by Order N° 2020-306 of 4 March 2020, whereby opposition parties
were given an extra seat in the membership of the electoral body at the local
levels, the membership
is now balanced since it is now composed
of four (4)
personalities proposed by the opposition parties and four (4) proposed by the
Government.
186. However,
the Court takes notice of the concern
regarding the internal decision-making
expressed
procedures
by the Applicants
within the electoral body at
the Local levels whereby the Chairperson may cast the swing vote in case of a
tie. They assert that the Chairpersons of the electoral bodies at the Local levels
as they are currently constituted, predominantly originate from the ruling party at
96% to 4% from opposition parties. This manifest imbalance originates from the
Bureau elections based on the previous composition, before Order N° 2020-306
of 4 March 2020 was adopted, when the electoral body at the Local levels was
still composed in such a way that the majority of its members were proposed by
the Government.
187. The Court finds it reasonable to organise new Bureau elections based on the new
composition of the electoral body at the Local levels.
Institutional independence of the electoral body
188. The Applicants contend that the electoral body is not institutionally independent.
189. The Applicants refer to the Court’s judgment of 18 November 2016 in APDH v
Céte
d'ivoire
(merits)
where
it held
that an
electoral
body
is institutionally
independent when it has administrative and financial autonomy.'”
17 Actions pour la Protection des Droits de l'Homme (APDH) v. Céte d'Ivoire (merits) (2016) 1 AfCLR
668, § 118.
A