14
34. Such proof has, however, not been forthcoming from the Respondent
State. That is what the Court ought to have expressed in a clearer manner
particularly with regard to the right to freely participate in the
government of the country. Paragraphs I 09 in fine, Ill, I 13 and 1 14 of
the Judgment indeed s uggest that the ban-ing of independent candidates
from certain elections and the correlative obligation to belong to a
political party are in "themselves" violations of Articles I 0 and 13 ( 1) of
the Charter, whether or not such limi tations arc reasonable. The reasoning
of the Court would had been clearer if its various sequences and the
corresponding paragraphs of the Judgment were positioned in a more
coherent manner so to show that it is the fact that the limitation to the
rights concerned were unreasonable that led the Court to the conclusion
that the said rights had been violated. Paragraph 109, in particular, is not
at its right place in the reasoning of the Court (it should be located
upstream) and Paragraph 108, for its part, addresses issues which arc
extraneous to the instant case.
35. Having found that Articles l 0 and 13 (1) of the Charter had been
violated, the Court could only have concluded that there was violation of
the principles of non-discrimination and of the equal protection of the law
as enshrined in Articles 2 and 3 (2), respectively.
36. The principle of non-discrimination, on one hand, and the principles of
equality before the law and of equal protection of the law, on the other,
are in close relationship. They arc so to say the two sides of the same
coin, the first principle being the corollary of the second ones. Their main
difference under the African Charter lies in their respective scope.