Regional Organizations hereinafter referred as Regional Economic Communities (RECs) are the building blocks of the African Union. They promote regional integration, democratization, cooperation, development and peace and security within African States. RECs complement the instruments of the AU on democracy consolidation and its shared norms and values. Since elections are at the centre for democracy, development and human rights, RECs have a mandate to protect and promote them. Protection and promotion of democratic elections have become a priority among the RECs. RECs have adopted legal instruments to protect democratic elections. They observe elections within Member States. They effectively conduct pre- and post-electoral audits to facilitate smooth conduct of elections. They facilitate mediation when electoral disputes arise. RECs also facilitate political negotiations and dialogues in times of electoral conflicts. They enhance restoration of democracy when it is violated. They assist with interventions when governments act unconstitutionally and refuse to step down from power. In some cases, they impose sanctions, where necessary, to states violating democracy and human rights. Thus, the role of the RECs is dynamic and has been expanding over the years to meet the needs of their regions. However, despite the establishment of RECs, and their mandates in supporting consolidation of democracy, election disputes have been prevalent in Africa. Electoral malpractices have been in the form of vote rigging, manipulation of vote results, refusal of incumbent heads of state to step down after losing elections to mention a few. This happened in the Gambia in 2016 as discussed in this study. In some cases, independent electoral commissions have committed gross errors in vote counting as in the case of Zimbabwe 2018 elections. These errors have caused election disputes and political uprisings. Election monitoring bodies have also failed to provide accurate reports on the outcome and conduct of elections and have caused a cycle of contested elections in some African countries. The case of the SADC Observer Mission in Zimbabwe is a good example in this study. Elections that have lacked credibility and integrity have led to crises of legitimacy in governance. The lack of legitimacy and credibility of elections have undermined human rights and freedoms linked to democratic elections. This research argues that contestations over elections should not be seen in isolation from the entire human rights discourse. Human rights are interdependent and, therefore, when one right is affected other rights suffer in turn. Protection of a single right such as, the right to vote, has a positive impact to the realisation of many human rights.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uct/oai:localhost:11427/32829 |
| Date | 12 February 2021 |
| Creators | Mbanje, Tendai Shephard |
| Contributors | van de Spuy, Elrena, Wachira, George Mukundi |
| Publisher | Faculty of Law, Department of Public Law |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Master Thesis, Masters, LLM |
| Format | application/pdf |
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