Africa-Press – Uganda. The African Court on Human and Peoples’ Rights has advised African states on holding general elections during the Covid-19 pandemic without trampling on the rights of citizens.
The court sitting in Arusha, Tanzania, in their advisory opinion given on Friday morning, said African countries may hold elections during the Covid-19 pandemic as long as there is prior consultations and approval by relevant stakeholders, including the health authorities.
The court also advised countries that have chosen to organise elections during the Covid-19 pandemic, to ensure the restrictive measures put in place to curb the spread of coronavirus are proportionate, non-discriminatory and not undermine other fundamental rights.
“On the decision whether or not to conduct elections in context of a major public health pandemic, the court finds that the states may decide to conduct or not to conduct elections in context of a major public emergency or a pandemic, but such a decision needs prior consultation with the health authorities and political actors, including representatives of civil society,” ruled the court.
“The court finds that measures or restrictive rights applied by states in elections conducted during a major health pandemic, must be in accordance to Articles 27(2) of the Charter ……..and must not undermine essential rights …..and must not be discriminatory,” the court added.
The continental court also ruled that in case a country decides to postpone elections due to Covid-19, domestic laws should be applied during this period like having interim leadership in place.
“In the event that the term of office expires, the court finds that it’s for the domestic law to apply legal standards when the term of office of elected officials expires, including an interim replacement to an extension of term of office with full powers or to a caretaker arrangement,” the court ruled.
“And where appropriate legislation does not exist at the time of a health emergency or pandemic, a law may be enacted by competent bodies based on prior consultations with political actors including representative,” they added.
Background
The case arose in May last year when the Open Society Justice Initiative, acting as co-counsel with the Pan-African Lawyers Union (PALU), sought guidance of how states and regional institutions can hold elections during the Covid-19 pandemic.
They wanted the court to provide opinions on necessary measures to ensure fairness and transparency in the conduct of elections during the Covid-19 pandemic and indicate mechanisms for enforcing international law should elections fail to meet international standards.
The Covid-19 pandemic has affected several general elections in Africa throughout 2020. Statistics show that last year, at least 22 African countries were planning to hold elections amid the Covid-19 pandemic with half of that number (11) being countries holding presidential polls.
The Pan African lawyers had argued that in Ethiopia, despite the postponement of national elections until 2021 due to Covid-19, the northern region of Tigray proceeded with parliamentary elections, escalating tensions.
Likewise, they argued that in Burundi, besides downplaying the coronavirus threat prior to the country’s May 20, 2020 general election, the government announced it would quarantine election observers from the East African Community for 14 days upon arrival, causing many observers to stay away.
In Malawi, where a rerun of presidential elections was set for June 25, a national state of disaster declared by the president banned gatherings of more than 100, effectively prohibiting political rallies.
In Uganda, the police arrested and later charge the runner up in the January 14 polls, Robert Kyagulanyi, aka Bobi Wine, in Luuka District for allegedly flouting the standard operating procedures (SOPs) by having more than 200 supporters at his rallies.
