residents of the Respondent State at the material time in which the facts of the Communication took place. Alleged violation of Article 13 (1) 68. Article 13 (1) of the African 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. 69. The Commission recognizes that the right to participate in government forms an integral and inextricable part of democracy, such that a State cannot be considered a democracy if it does not guarantee the right of its citizens to participate in government through free and fair elections. The importance of this right is demonstrated by its inclusion in several of the continent’s human rights instruments and standards, including the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), the African Charter on Democracy, Elections and Governance, the African Union Declaration on the Principles Governing Democratic Elections in Africa and the Constitutive Act of the African Union, which declares the promotion of democratic principles and popular participation as an objective of the African Union. 70. The right to directly participate in government refers to the right of citizens to stand as candidates for elections, whereas the right to participate through freely chosen representatives refers to the right of citizens to vote in elections, the latter of which is the subject of this Communication. The Commission notes that although the African Charter does not explicitly contain a right to vote in a manner similar to other instruments such as the ICCPR14 and the American Convention on Human Rights (American Convention)15, the right to vote is International Covenant on Civil and Political Rights (1966) , Article 25: Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, to public service in his country; 15 American Convention on Human Rights (1969) Article 23 Right to Participate in Government 1. Every citizen shall enjoy the following rights and opportunities: a. to take part in the conduct of public affairs, directly or through freely chosen representatives; b. to vote and to be elected in genuine periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters; and c. to have access, under general conditions of equality, to the public service of his country. 14 14

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