XVII Recommendations NO CONTEXT 1 The Electoral Act is not fully aligned with the 2013 Constitution, which is the supreme law of the country therefore no subsidiary legislation should be inconsistent with it. (p. 7) SUGGESTED RESPONSIBLE CHANGE INSTITUTION LEGAL FRAMEWORK (Incl. Constituency Delimitation) The Electoral Act should be Electoral Act: Parliament aligned with the 2013 s.18, s.23 Constitution, in particular s.9(5), those provisions related to s.12(1)(e), the constitutional right to s.56(1) as read vote (incuding postal voting with s.72, for homebound voters and s.40H, s.192(4) those in hospitals and penitential institutions), reinforcement of the independence of ZEC in relation to responsibility for its own regulations, voter registration, and accreditation of observers, as well as the required approval of regulations. RECOMMENDATION RELEVANT INTERNATIONAL/REGIONAL PRINCIPLE / COMMITMENT Universal suffrage "elections which shall be by universal and equal suffrage" ICCPR, art. 25 “States must take effective measures to ensure that all persons entitled to vote are able to exercise that right. Where registration of voters is required, it should be facilitated and obstacles to such registration should not be imposed" - ICCPR GC 25, para.11 “Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law.” - ACHPR, art. 13(1) “State Parties shall recognize popular participation through universal suffrage as the inalienable right of the people” African Charter on Democracy, Elections & Governance, art. 4(2) “Every citizen shall have the right to participate freely in the government of his or her country, either directly or through freely elected representatives in accordance with the provisions of the law.” – OAU/AU Declaration on the Principles Governing Democratic Elections in Africa, IV (1) Independent electoral authority "An independent electoral authority should be established to supervise the electoral process and to ensure that it is conducted fairly, impartially and in accordance with established laws which are compatible with the Covenant.” 49