Banjul and Washington, D.C., 20 March 2025: The African Court on Human and Peoples’ Rights (African Court) has granted the request by the Institute for Human Rights and Development in Africa (IHRDA) and Robert F. Kennedy Human Rights (RFK Human Rights) to intervene as amici curiae in the case Ado Shaibu and 5 Others v. United Republic of Tanzania (Application 046/2020). The decision, issued on March 19, 2025, allows the amici to provide expert legal analysis on the critical issues of electoral rights and civic space in Tanzania’s contentious 2020 elections.
IHRDA and RFK Human Rights bring to the Court their extensive expertise in international human rights law, particularly concerning the right to participate in government and the protection of civic space. The amici submissions focus on two key areas:
- The interpretation of the right to participate freely in government: The brief provides a detailed legal analysis of international and regional human rights instruments applicable to Tanzania, particularly the African Charter on Human and Peoples’ Rights (Article 13) and the International Covenant on Civil and Political Rights (Article 25). The amici argue that genuine, periodic elections are fundamental to a functioning democracy and must be accompanied by robust protections for free expression, assembly, and association.
- The interdependence of civic space and electoral rights: The amici highlight how restrictions on civic space – including suppression of opposition candidates, media censorship, and the harassment of civil society actors—directly undermine the right of citizens to freely participate in government. Drawing on comparative jurisprudence, the amici emphasize that systematic attacks on political freedoms have a chilling effect on electoral participation and democratic governance.
The case before the African Court, initiated by Ado Shaibu and five others, alleges that the Tanzanian government engaged in actions that violated electoral rights during the 2020 general elections. The applicants argue that government agents, including the National Electoral Commission, security forces, and state-controlled media, engaged in practices that restricted political participation, particularly for opposition parties and independent voices.
Impact of the amici intervention
The Amici intervention of RFK Human Rights and IHRDA is expected to provide the Court with vital jurisprudence and comparative analysis from global and regional human rights bodies. The amici’s contribution will aid the Court in assessing whether Tanzania’s actions constituted a violation of fundamental democratic rights under international law and, in particular, how an open civic space is essential for the effective realization of the right to participate in government through elections.
“Increasingly, the African Court and other regional human rights mechanisms are being petitioned to make determination on the standard and conduct of democratic elections. We have to support the Court to ventilate the contentious issues and articulate standards that will advance electoral practice in Africa. We welcome the Court’s decision to admit our amici curiae brief.” said Musa Kika, Executive Director of IHRDA. “This case is critical in ensuring that all citizens in Africa can freely and fairly participate in their democratic processes.”
Angelita Baeyens, Vice President of International Advocacy and Litigation at RFK Human Rights, added: “The African Court has a pivotal role in safeguarding democracy and human rights. Through this intervention, we aim to underscore that any restrictions on political freedoms and civic space before, during, or after an election must be subject to rigorous judicial scrutiny.”
The amici remain committed to supporting legal and advocacy efforts to uphold the right to participate in government across Africa. The African Court’s decision in this case will have far-reaching implications for electoral democracy on the continent.
For further inquiries, please contact:
- Robert F. Kennedy Human Rights
Email: legal@rfkhumanrights.org
Website: www.rfkhumanrights.org - Institute for Human Rights and Development in Africa (IHRDA)
Email: ihrda@ihrda.org / mnyarko@ihrda.org
Website: www.ihrda.org
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Robert F. Kennedy Human Rights is a global organization that partners with activists and advocates to ensure lasting positive change in human rights protection.IHRDA is a pan-African NGO that litigates human rights cases and strengthens legal frameworks across the continent.
