every citizen to take part in the conduct of pubic affairs, the right to vote and to be elected and the right to have access to public service. Whatever form of constitution or government is in force, the Covenant requires States to adopt such legislative and other measures as may be necessary to ensure that citizens have an effective opportunity to enjoy the rights it protects. 79. The most elaborate interpretation of the right to participate in government has been provided by the Human Rights Committee of the United Nations. In its General Comment No. 25 on participation in 10 public affairs and the right to vote , the Committee stated inter alia, that: “the effective implementation of the right and the opportunity to stand for elective office ensures that persons entitled to vote have a free choice of candidates. Any restrictions on the right to stand for election such as minimum age, must be Justifiable on objective and reasonable criteria. Persons who are otherwise eligible to stand for election should not be excluded by unreasonable or discriminatory requirements such as education residence or descent, or by reason of political affiliation. No person should suffer discrimination or 11 disadvantage of any kind because of that person's candidacy.” 80. In the present communication, could it be said that the conditions set out in Articles 35 and 65 of the Ivorian Constitution of 2000 are justifiable on objective and reasonable criteria and reasonable and non-discriminatory? 81. Article 35 of the said Constitution stipulates that “the President of the Republic ... should be of Ivorian origin, born of a Father and Mother who themselves must be Ivorian by birth ...”. Article 65 stipulates that the Candidate to the Presidential elections or to the posts of Speaker or Deputy Speaker of the National Assembly “should be Ivorian by birth with both parents being of Ivorian origin, should never have renounced Ivorian nationality, and should never have acquired another nationality”. 82. Admittedly, the Constitution places these restrictions only on the highest positions in the land. Many other countries including European, American and African countries have similar provisions to determine those eligible to ascend to the highest offices. Most of these countries have the same justification given by the Ivorian government that is, persons having these positions must have undoubted loyalty to the nation. It is doubtful though whether this is the only way to test loyalty or whether this is even the best way to test loyalty. 83. The Commission recognises the right of each State Party to the Charter to adopt appropriate legislation that would regulate the conduct of elections. It is also for the states to determine criteria for eligibility for those who can vote and those who can stand for elections to whatever positions. The exercise of adopting criteria to regulate those who can vote and those who can stand for elections is in itself not a violation of human rights norms. In every society, some positive measure/actions need to be taken to regulate human behaviour in certain areas. However, these criteria must be reasonable, objective and justifiable. They must not seek to take away the already accrued rights of the individual. 84. The African Commission is of the view that the right to vote as well as the right to stand for election are rights attributable and exercised by the individual. This is why voting, in democratic societies, is by secret ballot to the extent that even the individual’s father or mother may not know who the individual has voted for. By the same token, the exercise of the right to stand for elections is a personal and individual right which must not be tied to the status of some other individual or group of individuals. The right must be exercised by the individual simply because he/she is an individual, and not tied to the status of another individual. Distinctions must thus be made between the rights an individual can exercise on his own and the fights he/she can exercise as a member of a group or community. 85. Thus, to state that a citizen born in a country cannot stand for elections because his/her parents were not born in that country would be stretching the limit of objectivity and reasonableness too far. The Commission recognises the fact that the position of President, Speaker and Deputy Speaker, and indeed other similar positions are very crucial to the security of a country, and it would be unwise to put a blank cheque vis-à-vis accessibility to these positions. Placing restrictions on eligibility for these posts is in itself not a violation of human rights. However, where these restrictions are discriminatory, unreasonable and unjustifiable, the purpose they intended to serve will be overshadowed by their unreasonableness. 86. In the present instance, the rights to vote and to stand for elections is an individual right and conditions must be made to ensure that the individual exercises these rights without reference to