States around the globe demonstrates the varying degrees to which non-resident citizens are included in elections, with countries fitting in at various points on the spectrum of inclusiveness. 106. For these reasons, the Commission concludes that in this instance, the right to participate in government within the meaning of Article 13 (1) of the African Charter does not extend so far as to guarantee non-residents the right to vote from abroad. Certainly, this conclusion does not preclude States from according greater legal protection than is legally expected of them. States may choose to pursue a certain course of action because they view that action as a good policy objective, even though the same is not considered a legal obligation. As such, there is a distinction between matters considered mandatory by reason of a State’s legal obligation and matters that remain within the power of States to decide. Alleged violation of Article 9 (2) 107. The act of voting can also be viewed as a formal expression of the political opinion of citizens, consistent with Article 9 (2) of the African Charter on the right to freedom of expression. In essence, this is an example of the interrelated and interdependent nature of rights, where the same act can be encompassed within the scope of different rights. This relationship has been expressly affirmed by the African Union Declaration on the Principles Governing Democratic Elections in Africa, which recognized the importance of “the will of the people expressed through free and fair elections as the basis of the authority of government”.47 108. In international practice, the inter-linkage between the right to participate in government through electoral processes and the right to freedom of expression has also been recognized by various human rights bodies. In its General Comment on Article 25 of the ICCPR, the Human Rights Committee states that “freedom of expression, assembly and association are essential conditions for the effective exercise of the right to vote and must be fully protected”.48 The European Convention on Human Rights (European Convention) and the American Convention also expressly draw this link by prescribing that elections should be held in conditions that guarantee “the free expression of the opinion of the people”49 in the case of the former and “free expression of the will of the voters”50 in the latter. African Union Declaration on the Principles Governing Democratic Elections in Africa, AHG/Decl.1 (XXXVIII), (2002) 48 CCPR General Comment (n 17 above) para 12 49 European Convention on Human Rights (195) Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention) Article 3 50 American Convention on Human Rights (1969) (American Convention) Article 23 47 27