79. The Court recalls, in line with its jurisprudence, that the right to participate
freely in the government of one’s country is an essential tenet of democracy
and that any restriction on its enjoyment must be justified, necessary and
proportionate.21 It also emphasizes that the requirements for contesting
elections must not be excessively restrictive or unfairly prevent some
citizens from running.22
80. The Court further recalls that any restriction on a fundamental right is
subject to strict conditions, in particular the restriction imposed must (i) be
provided for by law; (ii) pursue a legitimate aim; and (iii) be proportionate to
the legitimate aim pursued.23
81. Thus, in line with the principles of international human rights law, the
restriction must be provided for by an accessible, clear and predictable law
enacted by a competent authority. This requirement seeks to prevent
arbitrariness and to ensure that citizens can know in advance the legal
consequences of their actions. In addition, the restriction must pursue a
legitimate objective, such as the protection of public order, national security,
public health or morals, or the rights and freedoms of others. Finally, any
restriction in a democratic society must be necessary and proportionate.
This means that it must not go beyond what is strictly required to achieve
the legitimate objective pursued. In other words, the State must
demonstrate that to achieve the same result such a measure is the least
prejudicial to fundamental rights.
82. In addition, the Court endorses General Comment No. 25 of the UN Human
Rights Committee, according to which the right to participate freely in
government may be subject to legal restrictions, including in the case of
criminal conviction for serious offences, in order to preserve the integrity of
21 Reverend Chrisotpher Mtikila v. United Republic of Tanzania (merits) (14 June 2013) 1 AfCLR 74, §
106.
22 Actions for the Protection of Human Rights v. Republic of Côte d’Ivoire (merits) (18 November 2016)
1 AfCLR 668, § 136.
23 Lohe Issa Konate v. Burkina Faso (merits) (5 December 2014) 1 AfCLR 314, §133; Ingabire Victoire
Umuhoza v. Republic of Rwanda (merits) (24 November 2017), 2 AfCLR 165, §133.
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