judgements
in APDH
v Céfe
d'ivoire
(merits) and
in APDH
v Céte
d'Ivoire
(interpretation).
163. Article 17 of the ACDEG stipulates that: “State Parties re-affirm their commitment
to regularly holding transparent, free and fair elections in accordance with the
Union’s Declaration on the Principles Governing Democratic Elections in Africa.
To this end, State Parties shall: 1. Establish and strengthen
independent and
impartial national electoral bodies responsible for the management of elections.
[..]”
164. Article
3 of the
ECOWAS
Democracy
Protocol
provides
that:
“The
bodies
responsible for organising the elections shall be independent or neutral and shall
have the confidence of all the political actors. Where
national
consultations
shall
be
organised
necessary,
to determine
the
appropriate
nature
and
the
structure of the bodies.”
165. In its judgment in APDH v Céfe d'ivoire (merits) the Court held “that an electoral
body is independent where it has administrative and financial autonomy;
and
offers sufficient guarantees of its members’ independence and impartiality.”"'
166. The Court also held “that institutional independence in itself is not sufficient to
guarantee
the transparent,
free and
fair elections
Charter on Democracy and the ECOWAS
advocated
Democracy
in the African
Protocol. The electoral
body in place should, in addition, be constituted according to law in a way that
guarantees
its independence
and
impartiality
and
should
be
perceived
as
such.”'2
167. Furthermore, the Court found that “for a body to be able to reassure the public
about its ability to organise transparent, free and fair election, its composition
must be balanced.”'?
11 Actions pour la Protection des Droits de 'Homme (APDH) v. Céte d'ivoire (merits) (2016) 1 AfCLR
668, § 118.
12 Ibid, § 123.
13 Ibid, § 125.
36