Internet Shutdowns in Sudan: From Authoritarian Tool to Weapon of War

Razan-E-H-AliAuthor: Razan E H Ali
LLM Candidate, Centre for Human Rights, University of Pretoria

Introduction

Internet shutdown or blockage means the deliberate suspension or termination of internet and electronic communication services, making them inaccessible or practically inoperable for a particular group of people or geographic area, usually to control the flow of information.[1]

This exercise has been used by governments as a tool to suppress dissent, censor information, conceal serious infringements of individual rights, and evade accountability for human rights violations, especially during periods of conflict, civil unrest, and contested political transitions.[2]

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Analysing Ethiopia’s Adherence with the Guidelines on Access to Information and Elections in Africa: A Spotlight on the 2021 National Election 

Yeabsira-TeferiAuthor: Yeabsira Teferi
Lecturer of law, School of Law, Dilla University, Ethiopia

Introduction

A fundamental element of democracy is the freedom to choose political leaders through elections. As envisaged under Article 13 of the African Charter on Human and People’s Rights (the African Charter), for elections to be free, fair and credible, the electorate must have access to information at all stages of the electoral process.  

The Special Rapporteur on Freedom of Expression, a special mechanism established by the African Commission, with the specific mandate of monitoring member states’ compliance with article 9 of the African Charter adopted the Guidelines on Access to Information and Elections in Africa (hereinafter, the Guidelines), in 2017.[i] The Guidelines provide directions on access to information in the electoral process as a means of strengthening democratic governance in Africa and specifically incorporates the principle of proactive disclosure of information. The principle of proactive disclosure requires that those who hold information of public interest must routinely provide such information to the public even without being requested to do so.

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From limitation to derogation of rights: Revisiting internet shutdowns during elections in Africa

Chrispin-BosireAuthor: Chrispin Bosire
Advocate of the High Court of Kenya

Introduction

Free access to information, free speech and liberty of expression contribute to democratic elections. Article 9 of the African Charter on Human and Peoples’ Rights (the African Charter) guarantees the right to receive information and safeguards freedom of expression and dissemination of opinions. Access to information and press freedom are important elements of free expression. This right is now exercised both offline and online, as provided under Principle 5 of the 2019  press freedom.  However, systemic internet disruptions and restrictions on access to communication platforms are on the rise in Africa. This has negatively affected the people’s right to expression during elections, and meaningful access to vital electoral information, necessary to make informed decisions.

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The rationality of the electorate as a catalyst for political change- Lessons from Senegal

Bonolo-Makgale Author: Bonolo Makgale
Centre for Human Rights, University of Pretoria
Matthew-Ayibakuro Author: Matthew Ayibakuro
Governance Adviser and Development Consultant

The recent presidential elections in Senegal took place against a backdrop of constitutional disputes and widespread political fervour. This was after the Constitutional Council overturned former President Mack Sall’s decree postponing the election, declaring it unconstitutional. This election remains one of Senegal’s most historic. It signalled the end of Sall’s 12-year rule, and with 17 candidates vying to succeed him, it was the most competitive presidential race since Senegal’s independence from France in 1960. It also marked the culmination of a contentious political dispute over the date of the election, which began when Sall moved it to extend his term, sparking widespread protests and boosting support for the opposition.

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From Hope to Crisis: Senegal’s Victory and Togo’s Setback

Nyasha-Mcbride-Mpani

Author: Nyasha Mcbride Mpani
Southern African project leader, Data for Governance Alliance

A few hours after 44-year-old Senegal’s President-elect Diomaye won the hotly contested elections, which had seemed impossible due to outgoing President Macky Sall’s attempt to tamper with the constitution and defer elections to November 2024, a sense of relief swept through Senegal and the region. The elections brought a sigh of relief to a region struggling with a decline in democracy, marked by excessive executive power and a rise in popular coups. His victory comes at a crucial moment and is seen as an opportunity to strengthen democracy not only in Senegal but also in West Africa. Senegal’s return as Africa’s and West Africa’s poster child for democracy is hoped for, as the region has witnessed democratic backsliding over the past years. This regression has been characterised by pervasive corruption, authoritarian regimes, restrictions on press freedom, human rights abuses, discrimination against minorities, and economic downturns, eroding public trust.

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To whom it may concern: South Sudan may not be ready for elections, yet democracy cannot wait

Joseph-Geng-AkechAuthor: Joseph Geng Akech
Assistant Professor of Law, University of Juba, and independent researcher in human rights & constitutional designs

Introduction

Early this year, Yach Garang, political science PhD student at the University of Juba authored a blog piece asking ‘will South Sudan be ready for its first democratic elections come 2023?’ According to him, certain benchmarks are critical for South Sudan’s democratic election readiness. These include security stabilisation, enactment of electoral laws, adoption of a new constitution and conduct of population census. While I agree with his ‘benchmarks’, I contend that South Sudan may not be ready for elections, but it is imperative to note that democracy cannot wait for a perfect environment.

This piece, therefore, is addressing those to whom the democratic future of the country remains a priority.

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2021 local government elections, voter education and COVID-19 in South Africa

Author: Paul Mudau
Senior Lecturer in the Department of Public, Constitutional and International Law at the University of South Africa

Local government is the sphere of government that is closest to the people and represents the front line of service delivery. Holding competitive, periodic, inclusive and definitive elections at the local level strengthens democracy. The competitive component of local democratic elections indicates that political party and ward candidates may criticise the party or coalition that governs the municipality, and other party and ward candidates openly. They may suggest alternative policies and candidates to voters. Decisions of locally elected representatives directly affects the local communities. Failure to satisfy voters may result in the governing local public representatives being voted out of office in the next (periodic) elections. On the other hand, good performance often comes with a reward, getting re-elected into office. Thus, ideally, conditions at the local level forces and entices locally elected public officials to accounts to the needs of local communities.

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The South African local government elections and the COVID-19 pandemic

tariro-sekeramayi
Author: Tariro Sekeramayi
Centre for Human Rights, University of Pretoria

South Africa’s local government elections, to elect the municipal tier of government, are constitutionally mandated through section 159 of the Constitution of South Africa to take place every five years. These elections were scheduled to take place towards the end of 2021 and have been the subject of great deliberation in the nation. Conducting elections during a pandemic has been the subject of much debate on the continent and worldwide, with certain countries choosing to continue with elections amid the pandemic and others choosing to postpone their elections amid concerns of the risks involved. Nations on the continent that have held elections during the pandemic include Zambia, Malawi, Ghana, Rwanda, Uganda and Côte d’Ivoire. Given the extent of the risks of holding elections during the pandemic and mixed calls on whether to postpone or continue with elections in the nation, the Independent Electoral Commission (IEC) of South Africa ordered an inquiry commission to determine the nation’s capacity to hold free, fair elections during the initially scheduled period in October.

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Making the right to vote of IDPs a reality: Lessons from Ethiopia

omotunde-enigbokan-Enguday-Meskele-AshineAuthors: Enguday Meskele Ashine & Omotunde Enigbokan

Ethiopia held its national election on 21 June 2021. Internally displaced persons (IDPs) participated in the national election by casting their votes at their place of displacement for their respective constituency of origin through absentee ballot procedure. In certain areas, the government of Ethiopia took special measures such as providing logistic and security safeguard in order to enable IDPs to cast their vote.

The Ethiopian Human Rights Commission (EHRC) played a pivotal role in ensuring that IDPs participated in the national election, through engaging civic societies that advocated for the voting rights of IDPs.  Furthermore, the EHRC prepared the Human Rights Agenda for Election 2021. This Agenda ‘calls upon political parties to address human rights protection of vulnerable groups including IDPs in their manifesto.’ In addition, the Commission advocated for electoral participation of IDPs by disseminating explanatory materials on IDPs and election, by conducting election monitoring focusing on IDPs’ participation in the national election and by conducting stakeholder’s discussions highlighting the significance of IDPs’ inclusion in the national election.’

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