By Chris Otaigbe
In recognition of the negative impact the coronavirus pandemic has had on socio-economic and political health of nations across continents and Africa particularly, African lawyers have appealed for the postponement of elections scheduled to hold this year pre-Covid-19.
This was conveyed in the request for an advisory opinion, the Pan African Lawyers Union (PALU) filed before the African Court on the guarantees for the effective protection of the right to participate in government in Africa, in the context of the COVID-19 pandemic Tuesday, 2 June 2020, Arusha, Tanzania.
Filed before the African Court on Human and People’s Rights on the guarantees for the effective protection of the right to participate in Government in Africa, PALU called upon the Court to apply the totality of African Union law, to advise the AU, African States and citizens, on the legal obligations and applicable standards, whether they decide to proceed with elections that were scheduled during this period, or should they opt to postpone them.
Coming after the political, economic and social crisis brought upon Africa, and the rest of the world, by the COVID-19 pandemic, PALU believes the pandemic’s aftermath poses a challenge to democratic governance, the rule of law and the promotion and protection of human and people’s rights.
“The COVID-19 crisis has affected the enjoyment of basic rights such as the rights to freedom of movement, assembly, association and information, and also the right of citizens to effectively participate in the governance of their respective countries, especially (although not limited to) through regular, free and fair elections.” Its Advisory stated.
No fewer than 24 AU member states were scheduled to hold elections in the period from 1st April 2020 to 31st March 2021, 11 of which are elections for the position of President or Prime Minister.
Although the decision whether or when to hold elections remains a matter of sovereignty and is within the domestic jurisdiction of every country, PALU notes that how to hold elections, once called, has become the subject of international law.
According to PALU, management of elections in Africa is guided by provisions in the African Charter on Human and People’s Rights, the Women’s Rights Protocol and the African Charter on Democracy, Elections and Governance (ACDEG), amongst others.
“Decisions to postpone elections must be undertaken in a manner that does not violate the AU legal standards on unconstitutional change of government.
“It is in the above regard that PALU invokes the Court to lay out the standards, in a non-contentious manner, to assist governments and citizens who have to make decisions on whether to hold scheduled elections and, if so, how to conduct them. Or contrarily, if they opt to postpone elections, how to do this within the rule of law and with the consensus of a diversity of their populace.” Concluded PALU.
Headquartered in Arusha, Tanzania, PALU is the premier continental forum of and for Lawyers and Lawyers’ associations in Africa.
Established in 2002 to reflect the aspirations and concerns of the African people and to promote and defend their shared interests, PALU brings together over 1,000 individual lawyers spanning the continent’s regional and national lawyers’ associations.
