Specifically, they object to the President’s use of his powers to alter a law merely
a few months after it was reformed by representatives of the people on the basis
of a so called “inclusive dialogue’.
214. The Respondent State submits, contrary to the written and oral submissions by
the Applicants, that the government ensured the legislative reform process was
based on inclusive and open political dialogue.
215. The Respondent State referred to the judgment of the Court in APDH
d'ivoire
(interpretation)
where
the
Court
held
that
it was
v Céte
the government's
responsibility to strike the best form of balance. In its search for the best form of
balance, the Respondent State opted for a solution based on consensus. In view
of its concern to ensure the appropriate conditions to formulate a law that would
guarantee the establishment of an independent and impartial electoral body, the
President of the Respondent
State issued
instructions to the Government
to
initiate consultations with political parties as well as with CSOs.
216. The Respondent State note that on the basis of various rounds of discussions, a
list of aspirations of political parties and those of the civil society were drawn up.
At the end of the discussions, a final report was written and signed by the parties
involved. In light of the proposals and reform proposal documents forwarded by
the parties involved, the bill amending the law relating to the recomposition of the
electoral body was tabled before and adopted by Parliament.
217. The Respondent State further notes that the lack of participation of some political
parties was not caused by the Government's lack of efforts to invite them to the
process.
Respond
Concerning
State
the contention
maintains
that the
about the lacking terms
objective
of reference,
of the discussions
was
the
clearly
specified in the invitations to the political dialogue.
47