The Decision of the Commission on the Merits
226. In light of the above, the Commission:
a. Declares that the Respondent State is in violation of Articles 1, 9, 10, 11, and 13(1) of the Charter;
b. Acknowledges the Reforms made by the Respondent State after the 2015 Elections, including the Amended Electoral Law; Revised Political Parties Registration Proclamation; Electoral Code of Conduct for Political Parties; Directive for the Registration of Candidates; Directive for the Registration of Electors; Directive Concerning the Procedure for Observers and Representatives of Political Parties; the Regulation Concerning the Procedure for Determining the Apportionment of Government Financial Support to Political Parties; as well as Proclamation No. 1238/2021 which repealed Proclamation No. 590/2008 (the law which previously governed Mass Media and Access to Information);
c. Calls on the Respondent State to:
i. Continue reforming national laws perceived to restrict freedom of expression, association, assembly, and right to freely participate in government;
ii. Implement amended laws resulting from the 2018 political reforms in a manner that guarantees the full enjoyment of the rights to freedom of expression and access to information; association, assembly, and political participation as guaranteed by the Charter, as well as international standards, and particularly in the context of national elections; and
iii. Report in writing, within one hundred and eighty
(180) days of notification of this decision, on the measures taken to implement these recommendations.
Done in Arusha, Tanzania, at the 77th Ordinary Session of the African Commission on Human and Peoples’ Rights, held from 19 October to 9 November 2023
