elections etc. Government can also interfere with this right by establishing an uneven
playing ground. This is a form of discrimination and the allegation of the Plaintiffs.
Concerning this allegation, the Defendant submits that the amendment is an internal
affair of the State and same was conducted across borders without any form of
discrimination.
The right to elections depends to a large extent on compliance with positive
obligations of States. The State reserves the right to amend its laws without
interference which forms part of its internal affairs. Such amendments should
however not be discriminatory or targeted at a particular group.
The Blacks’ Law dictionary 9th edition defined discrimination as:
“The effect of a law or established practice that confers privileges on a certain class or that denies
privileges to a certain class because of race, age, sex, nationality, religion or disability”.
Discrimination is said to be unjust or prejudicial where no reasonable distinction can
be found between those favored and those not favored.
Article 7 of the Universal Declaration of Human Rights (UDHR) provides that:
“all are equal before the law and are entitled without any discrimination to equal protection of the
law. All are entitled to equal protection against any discrimination in violation of this Declaration
and against any incitement to such discrimination”.
In BADINI SALFO V THE REPUBLIC OF BURKINA FASO (2012) PARA 54
(Unreported), the court held that “equality before the law presupposes that equal treatment
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