Resolution on Free and Fair Elections

The Forum on the participation of NGOs at the 39th Ordinary Session of the African Commission on Human and Peoples’ Rights,

Considering the OAU Declaration on the principles guiding democratic elections in Africa, adopted in July 2002, in Durban (South Africa) which states the responsibility of Member States and the rights and obligations to be adhered to in the organisation of democratic elections, in accordance with the Constitutive Act of the African Union;

Considering the importance of holding free and fair elections periodically, to guarantee accountability of representatives vis-à-vis citizens;

Considering that citizens should be entitled to form their opinion independently without being subjected to persecution, or threats of persecution, pressure, offers of gratification or any form of manipulation;

Considering that all citizens are entitled to enjoy these rights irrespective of race, colour, sex, language, political opinion, and any other opinion, national and social background, fortune, birth or any other circumstances;

Considering the conclusions of the African Union meeting on elections, democracy, and Governance from 15th to 18th May, 2004.

Hereby urges the African Commission on Human and Peoples’ Rights to adopt a resolution inviting Member States to:

• Comply with the provisions of article 13 of the African Charter on Human and Peoples’ Rights;
• To establish, for each election, an independent, transparent, pluralistic elections authority to supervise the elections and to ensure that they are held in a equitable and impartial manner be it during:
  – the run-up to the elections
  – the campaign period
  – the actual elections
  – the official announcement of the results
• to respect the freedom of expression, assembly and movement of members of civil society and of political parties;
• allow contesting parties equal and free access to the media;
• guarantee the safety of all members of civil society and of political parties during elections;
• guarantee, for each election, the presence of national and international observers mandated to guarantee the credibility and transparency of the process;
• to refrain from making amendments to the constitution liable to change the rules of the game fundamentally before or during elections;
• to take into account the Draft African Union Charter on Democracy, good governance and elections in Africa;
• report to the African Commission on Human and Peoples Rights’ on the rules governing the right to vote and to explain how these rules were applied during this reporting period.

Done in Banjul, May 8th , 2006