Right to Vote: Electoral Democracy and Protection of Electoral Integrity in Africa

"Waiting in line to vote in Nyamirambo" by kigaliwire is licensed under CC BY-NC 2.0.

The right to vote at elections or referenda is possibly one of the most important fundamental rights that must be established and protected by law.

A system is democratic when “its most powerful collective decision makers are selected through fair, honest and periodic elections in which candidates freely compete for votes”. Prose from this viewpoint highlights that the key features of a democratic system include all adults having the right to vote; elections being competitive, free, fair, genuine; voters deciding who holds the principal office in government, and the rule of law ensuring that the Executive Authority is accountable to the electorate.

Democracy in Africa can be appraised based on the election process of each country, and it differs from state to state. Despite progress having been made by some African states after gaining their freedom, the entrenchment of democratic values remains shallow and compromised.

Constitutional provisions for the right to vote.

In South Africa, section 19 of the Constitution provides for a detailed set of political rights. In particular, section 19 (3) (a) stipulates “[e]very adult citizen has a right to vote in elections for any legislative body established in terms of the Constitution, and to do so in secret”. Also in West Africa, Article 27 of Mali’s Constitution of 1992 states “the right to vote is universal, equal and secret”.

The above provisions are in line with relevant international standards on the right to vote. For instance, Articles 2 and 25(b) of the International Covenant on Civil and Political Rights provide that the right to vote must be non-discriminatory, equal, and universal.

Still in West Africa, section 132 subsection 5 of the 1999 Nigerian Constitution provides that “every person who is registered to vote at an election of a member of a legislative house shall be entitled to vote at an election to the office of President”.

Compared to South Africa and Mali, it can be argued that the Nigerian Constitution does not guarantee a justiciable right to vote. Chapter IV of the Constitution enshrines the fundamental rights of citizens, but this does not include the right to vote. Ibirogba shares concerns about this disposition. He opines that “although some provisions in law such as section 7(2) of the Constitution and section 12 of the Electoral Act may be deemed to have touched on voting, these sections in no way provide a fundamental protection or guarantee of the voting right. The absence of a guarantee for the right to vote allows for the abuse of this right by the state”.

Electoral Democracy.

In an electoral democracy system, adult citizens are given an opportunity to select their leaders by voting for them in an election. The main objective of such a system is for voters to freely select their leaders. However, selecting a democratic government that will be responsible for ensuring that citizens receive basic services requires people to be educated about the parties running for elections and their representatives.

It is important for the citizens to be literate about the electoral process through the promotion of civic and voter education. This enables them to make informed choices. Nevertheless, the citizen’s ability to decide on whom to choose should not be undermined by corrupt political parties’ representatives who at times influence electoral outcomes for ulterior self-serving motives. Past events in African states have demonstrated that electoral democracy in Africa should be constructed on transparency and clearly stated values and not merely on the trust in the goodwill and charismatic nature of leaders.

“…upholding electoral integrity is a collective effort. It must be prioritised for the betterment of African countries with citizens centred in all presidential and local elections…”

Whilst electoral education is important as noted above, electoral participation is of greater importance. Unfortunately, in Africa, the youth, queer people, and women remain underrepresented during policymaking and election processes. Furthermore, “in practice, people with disabilities in most African countries face many and multiple barriers to participating in political life.” 

Electoral institutes in Africa

Elections have become a standard in Africa and have evolved over the years. They have developed from being characterised by one-party systems to embracing multiparty systems. This has of course raised some challenges. For instance, at the beginning of the year 2023, precisely on the 25th of February, Nigeria held a presidential election to elect the vice president and president. Reports indicated that ‘Tinubu’s victory was met with legal challenges and revealed that the next administration will have to engage with the “emboldened minorities”.’ However, institutions such as The Electoral Institute for Sustainable Democracy in Africa (the institute) were created to support states with such challenges.

The institute recognises the importance of the integrity of the electoral process as it is pivotal to the consolidation of democratisation of any African state. Furthermore, it promotes “credible elections, citizen participation, and strong political institutions for sustainable democracy in Africa”. It also actively tasks itself with ensuring that the promotion of states’ constitutional values are maintained through its participation in long-term election observers missions as seen in Liberia. The institute will be situated there until December for the Liberia 2023 presidential and legislative elections.

Various other initiatives are committed to making the African electoral process credible, transparent and play an essential role in addressing the importance of electoral integrity in Africa.  Apart from the institute, the African Electoral Integrity Initiative (AE2I) is another organisation that highlights issues that are affecting election integrity. These include the “lack of voter awareness and obligation, voter buying and manipulation, fake news and social media misinformation” to name a few. The AE21 has tasked itself to “collaborate with relevant stakeholders, advocates, and actors towards free, fair and credible elections in Africa.”

Conclusion

The work of electoral institutions is far-reaching; however, upholding electoral integrity is a collective effort. It must be prioritised for the betterment of African countries with citizens centred in all presidential and local elections. As the AE21 recognized “increasing, electoral integrity is central to the consolidation of democracy, security, and stability”.

For the year 2023, different African countries are scheduled to hold elections. These countries include Mali, Rwanda, the Democratic Republic of Congo, Gabon, Togo, Zimbabwe, Swaziland, Sierra Leone, Liberia, Ghana, and others. South Africa’s general elections will be held in the following year. Electoral democracy must prevail in all African countries and this can only be possible by allowing scheduled elections to be free, fair, genuine and credible.