63. It emerges from this provision that the organisation of powers and the choice of the form of State is the prerogative of the people, who must exercise free choice. The Court observes that the right to self-determination confers on the people economic, political and social prerogatives including, in particular, the right to determine its own political status, to dispose freely of its resources, to choose its own Government, to define the legal framework within which it intends to live, to determine the organisation of powers and the methods of delegation of powers. As the people are the depository of power, they exercise it either directly, through universal suffrage, or indirectly through their elected representatives. 64. The Court further observes that the right to self-determination is in essence a participatory right and requires the people’s approval in taking decisions and undertaking acts that affect the country. It also notes that drafting and adoption of the Constitution as the fundamental law of the country and the embodiment of the people’s aspirations is part of a consultative institutional framework that must also be broadly participatory, from start to finish. 65. In this regard, several consultative procedures are possible, including referendums, which call on the people to accept or reject a draft Constitution, whether it originates from a parliament, in this case the National Constituent Assembly, or from a commission specially set up to draft it. 66. The issue is whether the failure to submit the draft 27 January 2014 Constitution to a referendum deprived the people of their right to participate in its approval. 67. Article 13(1) of the Charter provides that: “Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law”. 18

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