The African Court on Human and Peoples’ Rights has welcomed the Institute for Human Rights and Development in Africa (IHRDA) along with Robert F. Kennedy Human Rights (RFK Human Rights) as amici curiae in the crucial case of Ado Shaibu and 5 Others v. United Republic of Tanzania. Announced on March 19, 2025, this decision permits the organisations to present expert legal insights regarding electoral rights and civic space amidst Tanzania’s challenging 2020 elections.
Bringing a wealth of expertise in international human rights law, IHRDA and RFK Human Rights focus on two vital themes. Firstly, they explore the interpretation of the right to freely engage in governmental participation, referencing key international instruments like the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. They assert that genuine elections are foundational to democracy and must be safeguarded by protections for freedom of expression, assembly, and association.
Secondly, the amici stress the relationship between civic space and electoral rights, showing that restrictions—such as repression of opposition candidates and media censorship—severely hinder citizens’ opportunities to actively participate in governance. By drawing on comparative jurisprudence, the amici highlight that attacks on political liberties can create a chilling effect that diminishes electoral engagement and democratic integrity.
The case, initiated by Ado Shaibu and others, accuses the Tanzanian government of violating electoral rights during the contentious 2020 elections, pointing to actions by government bodies, such as the National Electoral Commission and state-controlled media, which curtailed political involvement of opposition factions and independent voices.
The intervention by RFK Human Rights and IHRDA is poised to enrich the Court’s deliberations with critical legal contexts and comparative human rights analysis. Their contribution will assist the Court in evaluating whether Tanzania’s conduct breached essential democratic rights under international law, establishing the necessity of an open civic realm for effective electoral engagement.
Musa Kika, Executive Director of IHRDA, expressed the importance of this case, stating that it supports the Court’s responsibility to address contentious electoral issues. Similarly, Angelita Baeyens, Vice President of International Advocacy and Litigation at RFK Human Rights, reaffirmed the Court’s critical role in safeguarding democratic principles, asserting the need for stringent judicial review of any restrictions placed on political freedoms.
Through this collaborative effort, the amici reaffirm their commitment to advocating for the right to participate in governance throughout Africa, knowing the impending decision by the African Court could significantly further the cause of electoral democracy across the continent.
The African Court has allowed IHRDA and RFK Human Rights to intervene in the case Ado Shaibu and 5 Others v. United Republic of Tanzania. They aim to provide expert legal analysis on electoral rights during the contentious 2020 elections, focusing on the right to participate freely in government and the interdependence of civic space. Their insights are expected to aid the Court in assessing potential violations of democratic rights, with significant implications for electoral democracy in Africa.
The intervention of IHRDA and RFK Human Rights as amici curiae in the case against the Tanzanian government highlights the significant intersection of electoral rights and civic freedoms. As they advocate for rigorous judicial scrutiny of governmental actions during elections, their expertise will illuminate the necessity for democratic integrity. The outcomes of this case promise to influence electoral practices across Africa, safeguarding the rights of citizens to participate freely in their governance.
Original Source: rfkhumanrights.org
