61. The Court further notes that, where a State becomes a Party to a human rights treaty, international law obliges it to take positive measures to give effect to the exercise of the said rights. 62.Article 1 of the Charter on Human Rights stipulates that: "The Member States of the Organization of African Unity, parties to the present Charter shall recognize the rights, duties and freedoms enshrined in the Charter and shall undertake to adopt legislative or other measures to give effect to them". 63. The Court therefore holds that th e obligation on the part of State Parties to the African Charter on Democracy and to the ECOWAS Democracy Protocol to establish independent and impartial national electoral bodies is aimed at implementing the aforesaid rights prescribed by Article 13 of the Charter on Human Rights, that is, the right to participate freely in the Government of one's country, either directly or through freely chosen representatives in accordance with the provisions of the law. 64. The European Court of Human Rights also came to a similar conclusion when it had to determine, for the first time, complaints regarding the violation of Article 3 of Protocol No. 1 to the European Convention on Human Rights on the right to free elections 6 . 65.1n view of the foregoing, the Court, in conclusion , holds that the African Charter on Democracy and the ECOWAS Protocol on Democracy and Governance are human rights instruments within the meaning of Article 3 of 6 Article 3 of Protocol No. 1 t o the European Convention on Human Rights reads as follows: "The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature". The Europea n Court indicated that the above-mentioned Article at first sight looks different from the other provisions of the Conve ntion and its Protocols which guarantee the rights. The Court however held that this Arti cle guarantees subj ective rights such as the right to vote and to st and as a candidate in elections (Case of Mathieu-Mohin and Clerfayt v. Belgium, Judgment of 2 March 1987, series A No. 113, pp. 22-23, §§ 46-51). 16 2rl