236.
Furthermore, according to Article 25 of the ICCPR, the right to
participation encompasses the rights of the individual to vote and to be
elected, to take part in the conduct of public affairs, and to have access
to public service, which is also echoed in Article 13 of the Charter. To
give effect to this right, States are required to adopt positive measures
to ensure the full, effective, and equal enjoyment of participatory rights,
including through inclusive, meaningful, and non-discriminatory
processes and mechanisms. States are also required to guarantee full
and effective access to justice and redress mechanisms to people who
have been unduly deprived of their right to participate in political and
public affairs.80
237.
In the present Communication, the Respondent State has
portrayed several laws and mechanisms to guarantee the right to
participation. However, the allegations made by the Complainants
illustrate that these laws need to be more effectively implemented as
some citizens were deprived of political participation. In contrast, others
were threatened and harassed, and no free, pluralistic, and
independent media further jeopardized their participation. The
Communication portrays allegations of practical barriers, including
internet restrictions, which impacted free information flow and shrank
democratic space.
238.
The correlation between freedom of expression and access to
information to the free participation in government was emphasized by
the European Court in the Freedom and Democracy Party (ÖZDEP)
v. Turkey case, where the Court stated that “the protection of opinions
and the freedom to express them…. applies all the more about political
parties given their essential role in ensuring pluralism and the proper
functioning of democracy.”81
239.
As already established, the Commission finds that the
Respondent State’s continuous suppression of journalists and media
and its crackdown on telecommunication is a coordinated effort to
interfere with the right to freedom of expression and access to
information. When this happens during elections, such interference is
purposed to discourage citizens from participating directly or by freely
choosing a representative of their choice, thus infringing their rights to
participate in government.
80 See A/HRC/27/29, para. 16
Application No. 23885/94, Case of Freedom and Democracy Party (ÖZDEP) v. Turkey (1999), The
European Court of Human Rights, Para 37 (2).
81
~ 47 ~
African Commission on Human and Peoples’ Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region, The Gambia,
Phone: (220) 230 4361 Fax: (220) 441 05 04
Email: au-banjul@africa-union.org
https:/achpr.au.int/