Prisoners too have a right to determine the government of their choice
Posted: 6 February, 2013 Filed under: William Aseka | Tags: constitution, disenfranchisement, elections, Independent Electoral and Boundaries Commission, Kenya, prisoners, Universal Declaration of Human Rights, voting 7 Comments »
Author: William Aseka
Program Assistant (Human Rights Advocacy for Children with Disabilities), Governance Consulting
One of the most critical ways that individuals can influence governmental decision-making is through voting. Voting is a formal expression of preference for a candidate for office or for a proposed resolution of an issue. Voting generally takes place in the context of a large-scale national or regional election, however, local and small-scale community elections can be just as critical to individual participation in government.
The Universal Declaration of Human Rights, adopted unanimously by the United Nations General Assembly in 1948, recognizes the integral role that transparent and open elections play in ensuring the fundamental right to participatory government. The Universal Declaration of Human Rights clearly stipulates under Article 21:
Everyone has the right to take part in the government of his/her country, directly or through freely chosen representatives. Everyone has the right of equal access to public service in his country. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret ballot or by equivalent free voting procedures. (Emphasis mine)
In fact just five years after the end of the reign of the apartheid government of South Africa, the country’s constitutional court addressed one of the most profound issues facing the new democracy. The case involved a challenge to the denial of voting rights for citizens incarcerated in South African prisons and raised the fundamental issue of the meaning of democracy, one that was particularly poignant in a society in which such questions had been restricted from public debate. In his written decision for the Constitutional Court of South Africa, Justice Albie Sachs declared, “Rights may not be limited without justification and legislation dealing with the franchise must be interpreted in favor of enfranchisement rather than disenfranchisement.”
Restrictions on the operation of civil society organizations in Africa violate freedom of association
Posted: 11 June, 2012 Filed under: Esete B Faris | Tags: African Charter on Democracy, civil society, CSOs, Egypt, elections, Eritrea, Ethiopia, freedom of association, funding, governance, human rights monitoring, intimidation, limitations, registration, Zimbabwe 4 Comments »
Author: Esete B Faris
LLM (Human Rights & Democratisation in Africa) student, Centre for Human Rights, University of Pretoria
The role of civil society cannot be underestimated in Africa. Despite the fact that several governments are suppressive, there is widespread circulation of information on human rights abuses and successes. This is attributable to the immense role that civil society plays. Without a civil society in Africa, the world would not hastily recognise the shortcomings of African leaders’ regimes.
It is undeniable that an independent and effective civil society contributes to the protection and promotion of democracy and human rights in a country. The role of Civil Society Organisations (CSOs) is to serve as a watchdog at the domestic level and international level. This implies that the right to freedom of association is essential for CSOs to operate effectively and efficiently.
