commission. The Respondent State further contends that the Applicants failed to
provide evidence in the law, in relation to the allocation of financial resources,
that
would
support
their
claim
that
the
electoral
management
body
lacks
independence. Therefore, the Applicants’ argument should be dismissed.
RK
200. In its judgment in APDH v Céte d'Ivoire (merits) of 18 November 2016, the Court
held,
as shown
above,
“that an electoral body
administrative and financial autonomy;
is independent where
and offers sufficient guarantees
it has
of its
members’ independence and impartiality.”24
201. In this decision the Court was satisfied to adopt the presumption that there is
sufficient institutional independence based on Article 1(2) of the impugned law,
considering that the institutional independence was not specifically challenged
by the Applicants in the matter of APDH
v Céte d'Ivoire (merits).22 In this
Application, however, the Applicants do challenge the institutional independence
of the Respondent
article
has
Accordingly,
not
State’s electoral body, even
changed
the Court
can
in
the
latest
proceed
legal
to assess
though,
reform
the abovementioned
of the
the allegations
electoral
body.
made
by the
Applicants without necessarily creating legal uncertainty, because no substantive
determinations on the electoral body’s institutional independence were made.
202. Regarding the administrative autonomy of electoral bodies, the Court notes that
there are various ways of allocating responsibilities between an electoral body
and other state institutions in terms of decision-making on electoral matters. The
Court holds that the requirement of administrative autonomy of electoral bodies
is not necessarily undermined by a regulation that stipulates that they can make
proposals to the executive branch on the basis of which the executive branch
then makes decisions.
21 Actions pour la Protection des Droits de I'Homme (APDH) v. Céte d'ivoire (merits) (2016) 1 AfCLR
668, § 118.
22 fhid, § 122.
44