fundamental freedoms and human rights taking into account their universality,
interdependence and indivisibility.
52.The
African
Union
foregoing
and
described
as
Commission
states
in
conclusion
other provisions, the African
“a
relevant
human
rights
that,
Charter on
instrument”
in
view
Democracy
which
the
of the
may
be
Court
has
that the
link
jurisdiction to interpret and implement.
53.For
its part,
between
the African
democracy
and
international human
Institute
for International
human
rights
has
Law
been
notes
established
by
several
rights instruments, especially the Universal Declaration of
Human Rights in its Article 21(3) which provides that:
“The
will
of the
government;
this
people
shall
shall
be
be
the
expressed
basis
in
of the
periodic
authority
and
of
genuine
elections which shall be by universal and equal suffrage and shall be
held by secret vote or by equivalent free voting procedures.”
54. The
rights
Institute also contends that the African Charter on Democracy is a human
instrument
individuals.
in
According
the
sense
that
it confers
rights
to the Institute, this Charter
and
explains,
freedoms
to
interprets
enforces the rights and freedoms enshrined in the Charter on Human
and
Rights,
the Constitutive Act of the African Union, the Grand Bay Declaration and Plan
of Action
(1999),
the
Declaration
on
the
Principles
Elections
in Africa® and the Kigali Declaration
of 2003.
Charter also forms part of the continental human
integrated
Governing
Democratic
It declares that this
rights architecture and
into several decisions of the African Commission
on Human
is
and
Peoples’ Rights. According to the Institute, the said legal instruments should
not be read separately but rather together.
5 AHD/Decl.9 (XXXVIII), 2002
14